03/27/2000 03:25 PM Senate RES

           SB 257-DEPT NAT RES ADMIN APPEALS/ OIL & GAS                                                                     
                                                                                                                              
CHAIRMAN HALFORD announced SB 257 to be up for consideration.                                                                   
                                                                                                                                
MR. LOEFFLER,  DNR,  explained  that SB 257  is a  simple bill  that                                                            
creates a uniform  appeal process  and fixes a technical  error with                                                            
respect to  the Division  of Oil and Gas's  public notice  problems.                                                            
DNR's current requirements  for appeals are sometimes found in Title                                                            
38  and  sometimes  found  in the  Administrative   Procedures  Act.                                                            
Because  of  the different   requirements,  the effect  is  to  have                                                            
multiple tracks  with slightly different  requirements, which  makes                                                            
it possible  for  a person  to appeal  multiple times.   The  second                                                            
problem  is that the  appeal processes  set out in  Title 38  have a                                                            
slightly different  time line than  those in Title 46.  Some  have a                                                            
30-day   notice  requirement   and   some  have   a  20-day   notice                                                            
requirement,  which confuses the public.  SB 257 creates  a standard                                                            
appeal  process that  allows one appeal  to the  commissioner.  If a                                                            
person is dissatisfied  with the commissioner's  decision,  the case                                                            
can be taken to court.                                                                                                          
                                                                                                                                
MR. JIM HANSEN,  lease sale manager in the Division  of Oil and Gas,                                                            
said the technical correction  pertains to a notice that goes out 30                                                            
days  prior to  issuing a  final best  interest finding  prior  to a                                                            
lease sale.  Currently,  when DNR issues the preliminary finding, it                                                            
notices that  the final finding will  be issued a certain  number of                                                            
days after the  public comment period.  In addition,  DNR must issue                                                            
a notice of the  final finding 30 days prior to it.  DNR notices the                                                            
sale when  the finding comes  out. Right now  the public gets  three                                                            
notices - one is redundant and confuses the public.                                                                             
                                                                                                                                
SENATOR MACKIE moved SB 257 from committee with individual                                                                      
recommendations.  There were no objections and it was so ordered.