Administrative Rule Review Report  #AR07-045

Legislative Service Office

24-Aug-07

AGENCY: Office of State Lands and Investments.

DATE SUBMITTED: August 16, 2007.

SUBJECT: Chapter 20, Mineral Impact Account Grants, Individual

Applications; Chapter 21, Mineral Impact Account

Grants Countywide Consensus List Awards;  Chapter

22, Non-Impact Account Grants Individual Applications;

 Chapter 23, Countywide Consensus List Grant Awards

to Mitigate Natural Gas Development Impacts; Chapter

24, Impact Mitigation Grants and County Block Grants

for Capital Projects, Countywide Consensus List

Awards; and Chapter 25, Emergency Reserve Capital

Projects Grants Individual Applications.

NATURE OF RULES:                     Legislative, Procedural

STATUTORY AUTHORITY:         2006 Session Laws, Chapter 35, Section 317(e) and 318(c), and 2007 Session Laws, Chapter 136, Section 328

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28‑9‑103(d).  No comments have been received to date.  Otherwise, procedural compliance is apparently complete to date.

SUMMARY OF RULES:  These new rules are being adopted to address the distribution of funding provided to the State Loan and Investment board for grants to eligible entities impacted by natural gas development pursuant to 2006 Session Laws, Chapter 35, Sections 317 and 318 and local governments revenue distribution pursuant to 2007 Session Laws, Chapter 136 Sections 328 and 329.  The Session Laws are very specific on amounts to be distributed through the State Loan and Investment Board for the various programs.  In addition to the amounts and procedures set out by these Session laws, these rules provide for definitions, general policy, funding availability, grant eligibility, application procedures, evaluation criteria, board consideration, grant disbursement and administration, fund reversion, audits and inspections and consensus list procedures.  These rules are consistent with the Agency rules for federal mineral royalty capital construction account grants.

Emergency rules for Chapter 20 were previously adopted under ER06-37 and ER07-03; emergency rules for Chapter 21 were previously adopted under ER06-38; emergency rules for Chapter 22 were previously adopted under ER06-39 and ER07-04 and emergency rules for Chapter 23, 24 and 25 were previously adopted under ER07-07.

Administrative Rule Review Report  #AR07-045

Legislative Service Office

24-Aug-07

Page 2

TECHNICAL NOTES FOR AGENCY CONSIDERATION:

That the Council recommend the agency make the following technical corrections:

Chapter 20 – Table of contents Section 4 "Distribution of Funds" should be "Funding Availability". 

Chapter 21, Page 21-2, Section 2(f) ""Eligible Special District" " should be ""Special District"" to be consistent with the definition in the other 4 chapters.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

_______________________

Maxine R. Weaver

Staff Attorney

_______________________

Dan J. Pauli

Director

MRW/