SLC C.S.H.B. 770 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
C.S.H.B. 770
By: Haggerty
4-25-97
Committee Report (Substituted)



BACKGROUND 

Current law provides for the sale and other disposition of lands of the
public domain dedicated to the permanent school fund.  These statues
include a requirement that the fair market value must be received for any
land sold, which has been interpreted to mean a cash consideration.  The
School Land Board has the authority to subdivide lands in order to
facilitate land sales, but the board does not have the authority to
dedicate land, by plot or deed, for public use unless it receives fair
market value. 

PURPOSE

HB 770 authorizes the School Land Board to dedicate permanent school fund
land for public use in exchange for nonmonetary consideration. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Transfers to the Parks and Wildlife Department interest of the
permanent school fund in the surface and all of the oil, gas, and other
minerals in certain portions.  This section lists specific surveys. 

SECTION 2.  States that the Parks and Wildlife Department shall convey
interests in certain land tracts to the permanent school fund in
compensation to the permanent school fund. 

SECTION 3. States that the Legislature finds that the fair market values
of the interests transferred into and out of the permanent school fund
pursuant to Sections 1 and 2 of this Act are equivalent. 

SECTION 4.  States that the transfer of land to the permanent school fund
described in Section 2 of this Act removes land from the state park,
wildlife management area, or scientific area and changes the legal
boundary of the effected properties. 

SECTION 5.  States that the GLO, the School Land Board, and the Parks and
Wildlife Department shall develop a plan for the removal or conveyance to
the Parks and Wildlife Department pursuant to one or more sales,
exchanges, or other transfers of the surface estate in property dedicated
to the permanent school fund.  This section also provides that the plan
shall provide fair market compensation to the permanent school fund. 

SECTION 6.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 770 describes the land to be conveyed to the permanent school fund in
compensation for the surface and mineral interests transferred to the
Parks and Wildlife Department.  The original  legislation did not contain
this provision. 

CSHB 770 inserts a new SECTION 3 that states that the legislature finds
that the interests transferred into and out of the permanent school fund
are equivalent.  The remaining sections were renumber to reflect the
insertion of the new SECTION 3.  The original legislation did not contain
these provisions.