Administrative Rule Review Report  #AR09-077

Legislative Service Office

18-Dec-09

AGENCY: Office of State Lands and Investments.

DATE SUBMITTED: December 15, 2009.

SUBJECT: Chapter 4, Grazing and Agricultural Leasing.

NATURE OF RULES:                     Legislative, Procedural

STATUTORY AUTHORITY:         W.S. 36-2-107(a)

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 promulgated to incorporate legislative changes resulting from 2009 House Bill 226 by providing for filing conflicting lease applications, modifying provisions for current non-conflicted leases, adding a new section for rentals for conflicted leases and including the determination of the annual rental rate. 

These rules clarify administrative processes, including modifying the renewal period and requiring the Agency to notify the current lessee of a conflicting lease application.  In addition, these rules provide for the inspection and management of access of state trust lands, including clarifying the right of an owner to remove improvements from the leased property upon expiration of the lease and by addressing weed and pest control on state lands.

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.

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Maxine R. Weaver

Staff Attorney

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Lynda G. Cook

Staff Attorney

MRW/