DAR File No. 31471

Agriculture and Food, Administration

R51-5

Grazing Advisory Boards

NOTICE OF PROPOSED RULE

DAR File No.: 31471
Filed: 05/20/2008, 04:36
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule can be repealed because Title 4, Chapter 20, has been revised by H.B. 145 (2006) and is now titled the Rangeland Improvement Act. (DAR NOTE: H.B. 145 (2006) is found at Chapter 294, Laws of Utah 2006, and was effective 05/01/2006.)

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

Title 4, Chapter 20

Anticipated cost or savings to:

the state budget:

The costs associated with implementing this rule were negligible and absorbed within the existing Department's budget.

local governments:

There are no costs to local government. The cost associated with implementing this rule were negligible and absorbed with the existing state Department's budget.

small businesses and persons other than businesses:

There are no costs to small businesses. The cost associated with implementing this rule were negligible and absorbed with the existing state Department's budget.

Compliance costs for affected persons:

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:

This administrative rule is no longer needed. H.B. 145 in the 2006 Session of the Legislature created a State Grazing Advisory Board and Regional Grazing Advisory Boards and sets for the requirements and duties of these new boards and replaces the functions of the boards created by this rule. Leonard M. Blackham, Commissioner

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

Agriculture and Food
Administration
350 N REDWOOD RD
SALT LAKE CITY UT 84116-3034

Direct questions regarding this rule to:

Kathleen Mathews or Kyle Stephens at the above address, by phone at 801-538-7103 or 801-538-7102, by FAX at 801-538-7126 or 801-538-7126, or by Internet E-mail at kmathews@utah.gov or kylestephens@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:

07/15/2008

This rule may become effective on:

07/22/2008

Authorized by:

Leonard M. Blackham, Commissioner

R51. Agriculture and Food, Administration.

[R51-5. Grazing Advisory Boards.

R51-5-1. Authority and Purpose.

(A) This rule is promulgated under authority of 4-20-9 and Subsections 4-2-2(1)(f) and 4-2-2(1)(j).

(B) By this rule, the Commissioner of Agriculture and Food of the State of Utah hereby reinstates the Grazing Advisory Boards, which the Secretary of the Interior of the United States of America has failed to recharter as of July 1, 1994. The reinstated boards will direct the expenditure of the funds collected by the Secretary of the Interior under the Taylor Grazing Act, as enacted by Congress in Section 43-USC-315.

(1) Upon the effective date of this rule, the Commissioner of Agriculture and Food hereby reinstates the grazing advisory boards as presently constituted.

(2) The boards shall hereby be chartered as State of Utah Grazing Advisory Boards.

(3) If a vacancy occurs during the term of a board member, existing board members shall present to the commissioner nominations to fill that vacancy.

(4) Pursuant to section 4-20-9, or until the Secretary of the Interior reinstates the grazing advisory boards, replacement boards shall be appointed in the following way:

(a) Legal notice in publication of general circulation soliciting the name of persons who desire a position of board member, and asking for a written request from such persons to be submitted to the existing board.

(b) Existing board members of each board will act as a nominating committee for that board. The chairman of each board will thereafter present to the commissioner all nominations for each board position to be filled.

(c) The commissioner will review the names and appoint persons to fill the vacancies on the board. The commissioner may ask for other names if needed. The board members will be a group of stockmen and permittees within a particular grazing district, and represent resource areas of that district.

(5) Each chartered State Grazing Board shall choose officers to administer the board's functions in the respective grazing districts.

(6) The board may appoint affected interested parties as ex-officio members to serve with the board.

(7) Pursuant to the requirements of 4-20-5, each State Grazing Board shall direct the expenditures of budgeted funds for each respective grazing district.

(8) Within six months of the Secretary of the Interior's resumption of appointments to a state grazing advisory board, the commissioner may repromulgate this rule to provide for an orderly transition.

 

KEY: agriculture associations, grazing

Date of Enactment or Last Substantive Amendment: September 17, 1996

Notice of Continuation: July 30, 2003

Authorizing, and Implemented or Interpreted Law: 4-20-9; 4-2-2(1)(f); 4-2-2(1)(j)]