Print Friendly HOUSE CONCURRENT RESOLUTION NO. 45 – Land Bd rules, submerged lnd leases
HOUSE CONCURRENT RESOLUTION NO. 45
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HCR045.....................................................by STATE AFFAIRS
LAND BOARD - RULES - States findings of the legislature and rejects certain
rules of the Department of Lands relating to lease application fees and
rental rates for leases on state-owned submerged lands.
02/25 House intro - 1st rdg - to printing
02/26 Rpt prt - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/03 3rd rdg - ADOPTED - voice vote - to Senate
03/04 Senate intro - 1st rdg - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE HOUSE OF REPRESENTATIVES
HOUSE CONCURRENT RESOLUTION NO. 45
BY STATE AFFAIRS COMMITTEE
1 A CONCURRENT RESOLUTION
2 STATING FINDINGS OF THE LEGISLATURE, REJECTING CERTAIN RULES OF THE DEPARTMENT
3 OF LANDS RELATING TO LEASE APPLICATION FEES AND RENTAL RATES FOR LEASES ON
4 STATE-OWNED SUBMERGED LANDS AND STATING LEGISLATIVE INTENT.
5 Be It Resolved by the Legislature of the State of Idaho:
6 WHEREAS, the Legislature is vested with authority to reject executive
7 agency rules under the provisions of Section 67-5291, Idaho Code, in the event
8 that the Legislature finds that the rules are not consistent with legislative
9 intent; and
10 WHEREAS, it is the finding of the Legislature that certain rules of the
11 Department of Lands relating to lease application fees and rental rates for
12 leases on state-owned submerged lands are not consistent with legislative
13 intent and should be rejected.
14 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
15 sion of the Fifty-fourth Idaho Legislature, the House of Representatives and
16 the Senate concurring therein, that IDAPA 20.03.17.030, rule of the Department
17 of Lands relating to lease application fees for leases on state-owned sub-
18 merged lands, adopted as a final rule under Docket number 20-0317-9601, and
19 IDAPA 20.03.17.035, rule of the Department of Lands relating to rental rates
20 for submerged land leases, adopted as a final rule under Docket number
21 20-0317-9601, be, and the same are hereby rejected and declared null, void and
22 of no force and effect.
23 BE IT FURTHER RESOLVED that it is legislative intent that the Department
24 of Lands promulgate temporary and pending rules to replace the aforementioned
25 rejected rules, that will include the amounts of any lease application fees or
26 rental rates that will be established for submerged land leases, so as to
27 allow the Legislature to review those amounts during the First Regular Session
28 of the Fifty-fifth Idaho Legislature.
STATEMENT OF PURPOSE
This resolution rejects two rules of the State Department of Lands
that went into effect in 1997. The rules allow the Department to
determine lease application fees and rental rates for submerged land
The problem with the two rules is that the State Board of Land
Commissioners can establish fees and lease charges for
noncommercial, non-navigational encroachments on submerged lands
without any legislative review, simply by adopting Department
policies or fee schedules.
By rejecting the current rules, this resolution would require the
Board to propose the actual amount of any lease application fees or
rental charges through the Administrative Procedure Act's rule
making process. This change would result in any fees or rental
charges being subject to the Legislature's review and approval
before they could go into effect.
No fiscal impact on the state general fund or dedicated funds.
Contact: Rep. Jim Stoicheff