No. 33557 (Amendment): Rule R850-50. Range Management

(Amendment)

DAR File No.: 33557
Filed: 04/14/2010 07:21:19 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Due to the varying interpretations of the requirements of Subsection 63J-1-504(2)(a), the agency's legal group recently issued an opinion concerning the use of the term "fees" in Sections R850-50-500 and R850-50-1000. In order to resolve the questionable usage of the term "fees", the agency is proposing this change in the Range Management rule.

Summary of the rule or change:

In both Sections R850-50-500 and R850-50-1000, the terms "fee" and "grazing fee" have been changed to "assessment". Also in Section R850-50-1000, several minor changes in sentence structure have been made for clarification purposes.

State statutory or constitutional authorization for this rule:

• Section 53C-5-102
• Subsection 53C-1-302(1)(a)(ii)
• Subsection 53C-2-201(1)(a)

Anticipated cost or savings to:

the state budget:

There are no anticipated cost or savings to the state budget as a result of this rule amendment because the changes are in the terminology only and do not affect the existing process.

local governments:

There are no anticipated cost or savings to local government as a result of this rule amendment as the changes are in the terminology only and do not affect the existing process.

small businesses:

There are no anticipated cost or savings to small businesses as a result of this rule amendment as the changes are in the terminology only and do not affect the existing process.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated cost or savings to persons other than small businesses, businesses, or local government entities as a result of this rule amendment as the changes are in the terminology only and do not affect the existing process.

Compliance costs for affected persons:

There are no compliance costs for affected persons beyond the already existing costs of obtaining or maintaining a grazing permit. This rule amendment changes only the terminology and does not affect the already existing process.

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

These are nonsubstantive changes that are intended to clarify terminology. It will have no impact on costs to any private or public entity.

Kevin S. Carter, Director

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

School and Institutional Trust Lands
Administration
675 E 500 S
SALT LAKE CITY, UT 84102-2818

Direct questions regarding this rule to:

• Kim Christy at the above address, by phone at 801-538-5183, by FAX at 801-355-0922, or by Internet E-mail at [e-mail]

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:

05/31/2010

This rule may become effective on:

06/07/2010

Authorized by:

Kevin Carter, Director

RULE TEXT

R850. School and Institutional Trust Lands, Administration.

R850-50. Range Management.

R850-50-500. [Grazing Fees]AUM Assessments and Annual Adjustments.

An annual [fee]assessment shall be charged for [the grazing of all]each AUM used by livestock on trust lands. [The grazing fee]This assessment shall be established by the board and shall be reviewed annually and adjusted if appropriate.

 

R850-50-1000. Assignment and Subleasing of Grazing Permits.

1. Permittee shall not assign, partially assign, sublease, mortgage, pledge, or otherwise transfer, dispose, or encumber any interest in the permit without the written consent of the agency. To do so shall automatically, and without notice, work [a]the forfeiture and cancellation of the permit.

2. [The agency shall assess a fee]An annual assessment equal to 50% of the difference between the base [grazing fee per AUM assessed by the agency]AUM assessment established under R850-50-500, and the AUM [fee]payment received by the permittee through the sublease , multiplied by the number of AUMs subleased, or a $1.00 per AUM minimum [fee]assessment, whichever is greater, shall be charged for [its]the approval of any sublease. The approval of any sublease shall be subject to the following restrictions:

(a) Consent for subleasing shall only be given if the sublease is compatible with the best interests of the beneficiaries and long-term management of the land and will not unreasonably conflict with the interests of other permittees in the area.

(b) Subleases in-lieu of a collateral assignment shall not be approved.

(c) [Any]No sublease[s] shall [not ]be effective for more than five years.

3. [The agency may assess an]An additional fee based upon either the fair market value of the permit or a flat fee per AUM may be charged for [its]the approval of any assignment or partial assignment.

4. Mortgage agreements or collateral assignments are for the convenience of the permittee. The term of a mortgage agreement or collateral assignment shall not exceed the remaining term of the permit. If the grazing permit is renewed, the permittee may also renew the mortgage agreement or collateral assignment of the permit pursuant to these rules.

 

KEY: administrative procedures, range management

Date of Enactment or Last Substantive Amendment: [May 1, 2005]June 7, 2010

Notice of Continuation: June 27, 2007

Authorizing, and Implemented or Interpreted Law: 53C-1-302(1)(a)(ii); 53C-2-201(1)(a); 53C-5-102

 

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