Administrative Rule Review Report  AR07-013

Legislative Service Office

09-Feb-07

AGENCY: Wildlife and Natural Resource Trust Account Board.

DATE SUBMITTED: February 7, 2007.

SUBJECT: Chapters 1 through 9, Wildlife and Natural Resource Trust Rules.

NATURE OF RULES:                   Legislative and procedural

STATUTORY AUTHORITY:        W.S. 9-15-104

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:                       Apparently complete to date.

SUMMARY OF RULES:      The rules provide for notice of regular and special meetings of the board to be announced by press release and web posting not less than ten days prior to the meeting date.

The rules move the authorities of the chairperson of the board to different sections of the rules.  The rules provide for hiring of a secretary who shall function as the executive director of the board, administer the funds of the board and act as a liaison with other entities.  The secretary is authorized by the rules to perform performance appraisals on staff members.

The rules provide that the secretary shall submit an annual budget to the board for review and approval no less than 30 days prior to the deadline for submission to the governor.  The rules increase the maximum purchase the secretary may make for necessary equipment and supplies from $500 to $1000.  The rules provide that vouchers may be signed and contracts may be executed by the chairperson, vice-chairperson or the secretary.

The rules set procedures and prices for copying and availability of public records.

The rules provide that no grant funds shall be made available for reintroduction of any species under the endangered species act or for fee simple title acquisition of real property or water rights.  The rules state that the board shall not have the power of eminent domain and shall not require public access to private land as a condition of any grant.   The rules add to the criteria for grants a provision allowing purchase or acquisition of development rights to preserve open spaces and limit grants to acquire habitat to those situations where the acquisition presents the necessary factor in attaining or preserving desired wildlife or fish populations.

The rules allow the board to award emergency grants not to exceed $10,000 provided the emergency awards are approved by a majority of the members of the board at a duly called meeting.

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 approved by the Council as submitted by the Agency.

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Lynda Cook

Staff Attorney

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Dan J. Pauli

Director

LGC/