Administrative Rule Review Report  #AR11-068

Legislative Service Office

12-Dec-11

 

AGENCY:                                       Office of State Lands and Investments

 

DATE SUBMITTED:                      12/12/2011

 

SUBJECT:                                        Chapter 4, Grazing and Agricultural Leasing

 

NATURE OF RULES:                   Legislative and procedural.

 

STATUTORY AUTHORITY:        W.S. 36-2-107 and 36-5-110.

 

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:  The rules amend the Chapter 4, Grazing and Agricultural Leasing Rules and Regulations of the State Board of Land Commissioners to conform to W.S. 36-5-110 as amended by 2011 Wyoming Session Laws, Chapter 18.  In 2011, the Wyoming Legislature amended W.S. 36-5-110 to allow for improvements of up to two-thousand dollars ($2,000.00) for each improvement made by lessees of state land prior to seeking approval by the director of the State Lands Office.  Previously, the rules provided that the limitation applied to the all improvements on a section of land collectively and that the director's approval must be sought for improvements totaling two-thousand dollars ($2000.00) for each section. There were no other changes to these proposed rules. 

 

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.

 

 

                                                                        _______________________

                                                                        Tania Hytrek

                                                                        Staff Attorney

 

 

                                                                        _______________________

                                                                        Lynda G. Cook

                                                                        Staff Attorney

TSH/cj