WSR 07-12-098

EXPEDITED RULES

DEPARTMENT OF

NATURAL RESOURCES

[ Filed June 6, 2007, 11:26 a.m. ]

Title of Rule and Other Identifying Information: WAC 332-100-040 Deduction determination (from the gross proceeds of all leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department).

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Bob Van Schoorl, Department of Natural Resources, Office of Budget and Economics, P.O. Box 47045, Olympia, WA 98504-7045 , AND RECEIVED BY August 6, 2007.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To update rule to meet the intent of the 2007 legislature and revision of RCW 79.64.040.

Reasons Supporting Proposal: Current rule conflicts with 2007 revision to RCW 79.64.040.

Statutory Authority for Adoption: RCW 79.64.040 Deductions from proceeds of all transactions authorized -- Limitations.

Statute Being Implemented: RCW 79.64.040 Deductions from proceeds of all transactions authorized -- Limitations.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of natural resources, office of budget and economics, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Bob Van Schoorl, 1111 Washington Street S.E., Olympia, (360) 902-1099.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Pursuant to RCW 79.64.040 the board of natural resources has approved this amendment to rule through adoption of Board Resolution #1234 dated June 5, 2007.

June 5, 2007

Bonnie B. Bunning

Executive Director of

Policy and Administration

OTS-9802.1


AMENDATORY SECTION(Amending WSR 06-03-016, filed 1/6/06, effective 2/6/06)

WAC 332-100-040   Deduction determination.   (1) The board of natural resources hereby determines that a deduction from the gross proceeds of all leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department of natural resources and affecting public lands as provided for in subsection (2) hereof is necessary in order to achieve the purposes of chapter 79.64 RCW.

(2) The department of natural resources shall deduct up to the maximum percentages as provided for in RCW 79.64.040 and related statutes. Except for transactions involving aquatic lands, harbor areas and trust land categories that have a deficit revenue/expenditure status, the deductions may be temporarily discontinued by a resolution of the board of natural resources at such times as the balance in the resource management cost account exceeds an amount equal to twelve months operating expenses for the department of natural resources or when the board determines such discontinuation is in the best interest of the trust beneficiaries. The board shall specify the trust lands subject to such discontinuation. The duration of such orders shall be for a specified time period calculated to allow a reduction of the resource management cost account balance to an amount approximately equal to three months operating expenses for the department. Operating expense needs will be determined by the board based on pro rata increments of biennial legislative appropriations. All sums so deducted shall be paid into the resource management cost account in the state general fund created by chapter 79.64 RCW.

[Statutory Authority: RCW 79.64.040. 06-03-016, 332-100-040, filed 1/6/06, effective 2/6/06; 83-11-008 (Order 398, Resolution No. 419), 332-100-040, filed 5/6/83, effective 6/30/83; 78-10-039 (Order 308, Resolution No. 241), 332-100-040, filed 9/18/78.]

Washington State Code Reviser's Office