To provide a procedure and requirements for land managers to use to prepare land management plans and for the Acquisition and Restoration Council to use to review such plans; and to update the name of the Council and update statutory references.

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND

RULE NO: RULE TITLE
18-2.017: Definitions
18-2.018: Policies, Standards, and Criteria for Evaluating, Approving or Denying Requests to Use Uplands
18-2.021: Land Management Advisory Council
PURPOSE AND EFFECT: To provide a procedure and requirements for land managers to use to prepare land management plans and for the Acquisition and Restoration Council to use to review such plans; and to update the name of the Council and update statutory references.
SUMMARY: This rule amendment provides procedures and requirements for preparing and reviewing management plands; updates the name of the Council; and updates statutory references.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 253.034(1), 259.035(1)(f) FS.
LAW IMPLEMENTED: 253.034, 259.032, 259.035 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 29, 2007, 1:00 p.m. EDT
PLACE: Department of Environmental Protection, Conference Room A, Marjory Stoneman Douglas Building, 3900 Commonwealth Blvd., Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Greg Brock, D.E.P., Office of Environmental Services, Division of State Lands, 3900 Commonwealth Blvd., MS 140, Tallahassee FL 32399-3000, [phone], [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Greg Brock, above

THE FULL TEXT OF THE PROPOSED RULE IS:

18-2.017 Definitions.

When used in this rule chapter, the following shall mean have the indicated meaning unless the context clearly indicates otherwise:

(1) through (10) No change.

(11) “C.A.R.L.” means conservation and Recreation Lands, as specified in Section 259.032, F.S.

(11) “Conservation lands” means lands titled in the name of the board that are currently managed for conservation, outdoor resource-based recreation, or archaeological or historic preservation. All lands acquired by the state prior to July 1, 1999, using proceeds from a land acquisition program to protect natural, cultural or resource-based recreational resources, which lands are within original project boundaries or identified as core parcels, shall be deemed to have been acquired for conservation purposes. For any lands purchased by the state on or after July 1, 1999, a determination has been or shall be made by the board prior to acquisition as to those parcels that shall be designated as having been acquired for conservation purposes. Lands associated with correction and detention facilities, military installations and state university system that possess significant natural or historical resources and that are specifically managed for conservation, outdoor resource-based recreation, or archaeological or historic preservation also shall be deemed to be conservation lands.

(12) through (16) No change.

(17) “Council” means the Acquisition and Restoration Land Management Advisory Council as defined in pursuant to Section 259.035 253.022, F.S.

(18) through (22) No change.

(23) “E.E.L.” means Environmentally Endangered Lands, as specified in Chapter 259, F.S.

(24) through (28) renumbered (23) through (27) No change.

(28) “Land acquisition program” means a state program established to acquire land or interests therein for a particular purpose; for example to protect natural, cultural or resource-based recreational resources, such as: Conservation and Recreation Lands, as specified in Section 259.032, F.S.; Environmentally Endangered Lands as established under the Land Conservation Act of 1972; Florida Forever, as specified in Section 259.105, F.S.; Florida Preservation 2000, as specified in Section 259.101, F.S.; Land Acquisition Trust Fund, as specified in Ch. 375, F.S.; Land and Water Conservation Fund as established under the federal Land and Water Conservation Act of 1965; Outdoor Recreation Lands as established under the Outdoor Recreation and Conservation Act of 1963; or Save Our Coast as established by the Governor and Cabinet by official agency action on November 3, 1981.

(29) “L.A.T.F.” means the Land Acquisition Trust Fund as specified in Chapter 375, F.S.

(30) through (32) renumbered (29) through (31) No change.

(33) “L.W.C.F.” means the Land and Water Conservation Fund established under the federal Land and Water Conservation Act of 1965.

(34) through (39) renumbered (32) through (37) No change.

(38) “Nonconservation lands” means lands acquired for uses other than conservation, outdoor resource-based recreation, or archaeological or historic preservation; such as: correction and detention facilities, military installations and facilities, state office buildings, maintenance yards, state university or state community college campuses, agricultural field stations or offices, tower sites, law enforcement and license facilities, laboratories, hospitals, clinics, and other sites that possess no significant natural or historical resources, and lands that were acquired solely to facilitate the acquisition of other conservation lands as identified by the board when it approved the acquisition.

(40) through (54) renumbered (39) through (53) No change.

(55) “S.O.C.” means Save Our Coast, as specified in Chapter 375, F.S.

(56) through (58) renumbered (54) through (56) No change.

(57)(59) “State Lands Management Plan” means the Conceptual State Lands Management Plan adopted by the Board on March 17, 1981 and as amended by the Board on July 7, 1981 and March 15, 1983 any subsequent revisions which shall be approved by the Trustees.

(60) through (65) renumbered (58) through (63) No change.

Specific Authority 253.03, 259.035 FS. Law Implemented 253.03, 253.034, 259.035, 259.101, 259.105 FS. History–New 6-4-96, Amended__________.

 

18-2.018 Policies, Standards, and Criteria for Evaluating, Approving or Denying Requests to Use Uplands.

Applications to use Trustees-owned uplands and decisions to approve or reject such applications will be based on all of the following:

(1) through (2) No change.

(3) Standards and Criteria.

The following standards and criteria must be met for approval of the following described authorizations to use state-owned uplands.

(a) Leases and Subleases.

1. through 4. No change.

5. Lessees and sublessees shall be responsible for preparing either a management plan or an operational report as follows:

a. No change.

b. All other lessees except agriculture, grazing and oil and gas lessees shall prepare a site-specific operational report which shall be prepared and submitted to the division by lessee within a year of lease execution or other dates as designated in the lease. The operational report shall include the following:

I. through III. No change.

IV. The land acquisition program (e.g., C.A.R.L., E.E.L., L.A.T.F.), if any, under which the property was acquired;

V. through XIII. No change.

c. through d. No change.

6. Additional specific criteria for subleases are as follows:

a. No change.

b. Subleases of conservation lands which are 160 acres or greater in size shall be reviewed by the Council.

7. through 8. No change.

(b) through (f) No change.

Specific Authority 253.03(7)(a) FS. Law Implemented 253.001, 253.02, 253.03, 253.034, 253.04, 253.111, 253.115, 253.42-.44, 253.47, 253.51-.61, 253.62, 253.77, 253.82, 259.035, 270.07, 270.08, 270.11 FS. History–New 6-4-96, Amended 4-17-02,________.

 

18-2.021 Land Management Planning and Land Use Evaluation Procedures of the Acquisition and Restoration Advisory Council.

(1) The Council shall hold periodic meetings at the request of the chair. The meetings shall be recorded electronically and such records shall be preserved pursuant to Chapters 119 and 267, F.S. Land Management Advisory Council Composition and Procedures.

(a) The council shall be composed of the following persons or their designees:

1. The Commissioner of the Department of Agriculture and Consumer Services;

2. The Secretary of State;

3. The Executive Director of the Game and Fresh Water Fish Commission;

4. The Secretary of the Department of Environmental Regulation;

5. The Secretary of the Department of Corrections;

6. The Commissioner of the Department of Education;

7. The Secretary of the Department of Community Affairs;

8. One individual chosen by the Secretary of the Department of Environmental Protection.

(b) The Chairmanship of the council shall rotate annually on October 1 of each year in the order listed above as set forth in Section 253.034, F.S.

(c) The committee shall hold periodic meetings at the request of the chairman. The meetings shall be recorded electronically and such records shall be preserved pursuant to Chapters 119 and 267, F.S.

(2) Land Management Advisory Council Responsibilities and Procedures.

(a) No change.

(b) The procedures of the council shall include:

1. through 2. No change.

3. A recommendation by the Council to the Board on management plans, and subleases shall be by majority vote of those present, while a recommendation to the Board to and surplus conservation lands, including land exchanges, designations by the council shall be by the concurrence of at least six (6) four (4) members.

4. No change.

(3) No change.

(4) Management Plans. Plans submitted to the Ddivision for Ccouncil review under the requirements of Sections 253.034 and 259.032, F.S., shall should contain, where applicable to the management of resources, the following:

(a) through (d) No change.

(e) The land acquisition program (e.g., C. A. R. L., E. E. L., Save Our Coast), if any, under which the property was acquired.

(f) The designated single use or multiple use management for the property, including other managing agencies and private land managers, if any, that could facilitate the restoration or management of the land.

(g) through (h) No change.

(i) The location and description of known and reasonably identifiable renewable and non-renewable resources of the property including, but not limited to, the following:

1. through 2. No change.

3. Water resources including the water quality classification for each water body and the identification of any such water body that is designated as an Outstanding Florida  Water under Rule 62-302.700, F.A.C. waters;

4. through 10. No change.

(j) A description of actions the agency plans, to take to locate and identify unknown resources such as surveys of unknown archaeological and historical resources.

(k) through (m) No change.

(n) For managed areas larger than 1,000 acres, an analysis of the multiple-use potential of the property. Such analysis shall include: A description of alternative or multiple uses of the property considered by the managing agency and an explanation of why such uses were not adopted.

1. The potential of the property to generate revenues to enhance the management of the property provided that no lease, easement, or license for such revenue-generating use shall be entered into if the granting of such lease, easement, or license would adversely affect the tax exemption of the interest on any revenue bonds issued to fund the acquisition of the affected lands from gross income for federal income tax purposes, pursuant to Internal Revenue Service regulations; and

2. If the lead management agency determines that timber resource management is not in conflict with the primary management objectives of the managed area, a component or section, prepared by a qualified professional forester, that assesses the feasibility of managing timber resources pursuant to Section 253.036, F.S.

(o) A detailed assessment of the impact of planned uses on the renewable and non-renewable resources of the property, including soil and water resources, and a detailed description of the specific actions that will be taken to protect, enhance and conserve these resources and to mitigate damage caused by such uses, including a description of how the manager plans to control and prevent soil erosion and soil or water contamination.

(p) A description of management needs and problems for the property, including:

1. Key management activities necessary to conserve and protect natural, historical and archaeological resources; to restore habitat; to control the spread of nonnative plants and animals; and to implement prescribed fire management; and other resource management activities that would enhance the natural, historical and archaeological resource values or public recreation value for which the lands were acquired;

2. A priority schedule for conducting key management activities and the other management activities, as identified in subparagraph 1., above; and

3. A cost estimate for conducting key management activities and the other management activities as identified in subparagraph 1., above, including recommendations for cost-effective methods of accomplishing those activities.

(q) through (r) No change.

(s) A finding regarding whether each planned use complies with the State Lands Management Plan adopted by the Trustees on March 17, 1981, and incorporated herein by reference, particularly whether such uses represent “balanced public utilization”, specific agency statutory authority, and other legislative or executive constraints. A copy of the Pplan may be obtained electronically at www.dep.state.fl.us/lands/oes/SLMP.pdf, or by writing to the State of Florida Department of Environmental Protection, Division of State Lands, Office of Environmental Services Bureau of Land Management Services, 3900 Commonwealth Boulevard, Mail Station 140 130, Tallahassee, Florida 32399-3000, or by calling [phone].

(t) through (u) No change.

(v) A description of the management responsibilities of each agency and how such responsibilities will be coordinated, including a provision that requires that the managing agency consult with the Division of Historical Resources, Department of State Archives, History and Records Management before taking actions that may adversely affect archaeological or historic resources.

(w) A statement concerning the extent of public involvement and local government participation in the development of the plan, if any, including a summary of comments and concerns expressed by the advisory group, if required by Section 259.032, F.S., and the management review team, if required by Section 259.036, F.S.

(5) Policies, Standards, and Criteria. The following management policies, standards, and criteria will be used by the Ccouncil to determine whether to recommend approval, approval with conditions or modifications, or to reject any agency management plan, sublease or surplus land determination.

(a) through (b) No change.

(c) The policies, standards, and criteria that are enumerated in the “State Lands Management Plan”, adopted March 17, 1981, by the Board. A copy of the Pplan may be obtained electronically at www.dep.state.fl.us/lands/oes/SLMP.pdf, or by writing to the State of Florida Department of Environmental Protection, Division of State Lands, Office of Environmental Services Bureau of Land Management Services, 3900 Commonwealth Boulevard, Mail Station 140 130, Tallahassee, Florida 32399-3000, or by calling [phone].

(6) Sublease Reviews.

(a) Pursuant to Section 253.034, F.S. an agency managing or leasing conservation State-owned lands greater than 160 acres in size from the Board shall not sublease lands without prior review by the Ddivision and the Ccouncil and subsequent approval by the Board. Subleases for areas greater than 160 acres in size shall be reviewed by the council prior to submittal to the Board.

(b) No change.

(c) Subleases submitted to the Ddivision for review shall include the following:

1. Twelve Eight copies of all material submitted.

2. through 6. No change.

(7) Surplus Land Determination.

(a) The Ccouncil for conservation lands, or the Division for nonconservation lands, shall review all sState owned lands which are not actively managed by any sState agency, for which a land management plan has not been completed, or are recommended for disposal by any sState agency, and recommend to the Board if such lands should be disposed of.

(b) No change.

(c) If a determination is made that a parcel of sState land should be disposed of by the Board, the Ccouncil for conservation lands, or the Division for nonconservation lands, shall consider and make recommendations of the following:

1. through 2. No change.

3. For conservation lands, whether the property is no longer needed for conservation purposes.

(d) For conservation lands the Council shall determine whether the request for surpassing is compatible with the resource values of and management objectives for such lands.

(e) When surplusing conservation lands as part of a land exchange, the Council also shall evaluate the lands being offered for exchange to determine if they are of equal or greater conservation benefit than the state lands and whether the exchange would result in a net-positive conservation benefit, regardless of appraised value.

Specific Authority 253.03 FS. Law Implemented 253.022, 253.034, FS. History–New 6-4-96, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Greg Brock, above
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Trustees of the Internal Improvement Trust Fund
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 17, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 22, 2006