DAR File No. 29349

Natural Resources, Wildlife Resources

R657-49

Big Game Conservation Easements on Former School Trust Lands

NOTICE OF PROPOSED RULE

DAR File No.: 29349
Filed: 12/15/2006, 03:22
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule was created to establish how the Division of Wildlife Resources (DWR) would use legislative appropriations specified for big game conservation easements on lands disposed of by the Utah School and Institutional Trust Lands Administration. Because there have not been any such appropriations in recent years, and because DWR does not foresee and such appropriations in the near future, the administrative rule is not necessary at this time. DWR wishes to repeal Rule R657-49.

Summary of the rule or change:

This rule was created to establish how DWR would use legislative appropriations specified for big game conservation easements on lands disposed of by the Utah School and Institutional Trust Lands Administration. Because there have not been any such appropriations in recent years, and because DWR does not foresee and such appropriations in the near future, the administrative rule is not necessary at this time. This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Sections 23-14-18 and 23-14-19

Anticipated cost or savings to:

the state budget:

The rule has served this purpose and is no longer needed. DWR determines that there are no cost or savings impacts to the state budget or DWR's budget associated with repealing this rule.

local governments:

The repealing of this rule does not create any direct cost or savings impact to local governments because they are not directly affected by the rule. Nor are local governments indirectly impacted because the rule does not create a situation requiring services from local governments.

other persons:

This rule was created to establish how DWR would use legislative appropriations specified for big game conservation easements on lands disposed of by the Utah School and Institutional Trust Lands Administration. The rule has served this purpose and is no longer needed, resulting in the repeal of this rule. The repealing of this rule does not impose any requirements on other persons, nor generate a cost or savings impact to other persons.

Compliance costs for affected persons:

This rule was created to establish how DWR would use legislative appropriations specified for big game conservation easements on lands disposed of by the Utah School and Institutional Trust Lands Administration. The rule has served this purpose and is no longer needed, resulting in the repeal of this rule. DWR determines that there are no compliance costs associated with repealing this rule.

Comments by the department head on the fiscal impact the rule may have on businesses:

Repealing this rule will not create an impact on business. Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Wildlife Resources
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Robin Thomas at the above address, by phone at 801-538-4707, by FAX at 801-538-4745, or by Internet E-mail at robinthomas@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/31/2007

This rule may become effective on:

02/07/2007

Authorized by:

James F Karpowitz, Director

R657. Natural Resources, Wildlife Resources.

[R657-49. Big Game Conservation Easements on Former School Trust Lands.

R657-49-1. Purpose and Authority.

This rule establishes how the Division of Wildlife Resources shall use Legislative appropriations specified for big game conservation easements on lands disposed of after July 1, 2001, by the School and Institutional Trust Lands Administration.

 

R657-49-2. Definitions.

(1) "Big game habitat interest" means land and habitat of sufficient big game management value that the Division may work to secure a conservation easement on the property, using funds appropriated specifically for this purpose.

(2)(a) "Conservation easement" means a recorded deed conveying partial property rights, as defined in the Land Conservation Easement Act, Section 57-18-1 through Section 57-18-7.

(b) For the purposes of this rule, conservation easements shall convey or restrict one or more rights, including but not limited to:

(i) grazing management;

(ii) range management;

(iii) timber management;

(iv) building and development;

(v) aquatic and terrestrial habitat restoration or improvement;

(vi) surface disturbance;

(vii) hunting and fishing;

(viii) commercial activities;

(ix) game farming;

(x) public access; or

(xi) alternative land uses.

(c) The Division or its designee shall hold the easement.

(3) "Criteria" mean the specific attributes by which the Division will rank competing proposals for the same tract of property, if more than one qualifying proposal is submitted for that tract, which the Division identifies as a priority big game habitat interest.

(4) "Proposal" means a printed document, signed by the proponent, in which the tax paying private party identifies specific tracts they would purchase at a proposed price, if the Division were to secure a big game conservation easement on those tracts.

(5) "SITLA" means School and Institutional Trust Lands Administration.

 

R657-49-3. Public Notification and Request for Partnership Proposals.

(1) The Division may seek partnerships with parties that, as the owner of the fee interest in qualifying lands encumbered by a Conservation Easement under this rule, shall be subject to real estate property tax.

(2) A broadly distributed legal notice inviting proposals shall be published in newspapers of general circulation throughout the state.

(3) To further advertise this opportunity to benefit from public funds, the notice may be presented once annually at a Wildlife Board meeting.

 

R657-49-4. Division Determination of Big Game Habitat Interests.

The Division shall determine and evaluate as provided in Section R657-49-6, within the Division's budget, big game habitat interests on lands disposed of, or to be disposed of, by SITLA. Nothing in this rule affects any authority held by SITLA or their Board of Trustees.

 

R657-49-5. Specific Properties - Habitat Council Review - Director's Approval.

(1) In the event the Division determines a big game habitat interest on lands disposed of by SITLA, the Division shall evaluate the potential to use specific appropriations for conservation easements.

(2) The Division may seek Habitat Council review and recommendation prior to the Director's decision of whether to pursue a particular conservation easement.

 

R657-49-6. Criteria - Basis for Award.

(1) In the event two or more applicants submit qualifying proposals for the same tract holding big game habitat interests, the criteria provided in Subsection (a) through Subsection (f) shall be used to evaluate which, if any, proposal may be accepted:

(a) demonstrated conservation ethic by proponent;

(b) demonstrated experience managing rangeland to benefit wildlife;

(c) ownership of adjacent or adjoining rangelands;

(d) acceptance of easement restrictions and conditions that offer the greatest habitat protection and enhancement opportunities for big game and other wildlife species;

(e) acceptance of easement conditions that afford public access to the property for outdoor recreational opportunities;

(f) cost of acquiring the easement; and

(g) resource conflicts or benefits associated with surrounding landowners.

 

R657-49-7. Basis of Valuation - Handling of Payments.

(1) For purposes of this rule, the Division shall buy and sell property on the basis of privately prepared, market-based, self-contained appraisal reports, which meet Uniform Standards of Professional Appraisal Practice guidelines and are subject to professional appraisal review by a second private appraiser.

(2) The Division typically shall not purchase a conservation easement pursuant to this rule at a value in excess of its appraised value, except as that appraised value may be adjusted by the original appraiser following appraisal review. The Wildlife Board may approve exceptions to this practice in special circumstances where sufficient rationale is provided.

(3) In the event the proponent bids and pays a sum in excess of the negotiated purchase price for the entire fee simple estate, without the conservation easement encumbrance, the excess funds will be transferred to SITLA at closing.

 

R657-49-8. Reporting of Results.

The Division may report annual partnership program success to the Wildlife Board during the meeting at which public notice is given of the subsequent year's request for proposals.

 

KEY: wildlife, big game conservation easements

Date of Enactment or Last Substantive Amendment: February 26, 2002

Authorizing, and Implemented or Interpreted Law: 23-14-19; 57-18-2]