Governor vetoes House Enrolled Act 98
by State of Wyoming
March 12, 2009
(CHEYENNE, Wyo.) – Gov. Dave Freudenthal today (Thursday, March 12, 2009) exercised his veto authority with regard to House Enrolled Act 98, original House Bill 286, that pertains to the Federal Natural Resources Policy Account.
"The Wyoming State Constitution is clear in its identification of the state, counties and municipal corporations as entities having jurisdiction within their specifically identified political subdivision," the Governor wrote in his letter to the Secretary of State.
He said the legislation's inclusion of conservation districts in the list of entities that can be directly granted FNRPA funds to participate in the NEPA process "has the potential to blur this very clear delineation of authority, in that it opens the door for conservation districts to unilaterally affect federal land allocations, even if the position taken by the conservation district circumvents or is otherwise at odds with the position taken by a county."
The Governor said, "My view is that conservation districts should be allowed to participate in the NEPA process, but only to the extent the encompassing county or counties consent to their participation. Consistent with this position, FNRPA funds should only be made available to conservation districts through the county or counties that encompass the district."
The Governor’s letter follows.
_________________________________________
March 12, 2009
The Honorable Max Maxfield
Secretary of State
State Capitol
Cheyenne, WY 82002
RE: House Enrolled Act 98 (HB0286) Federal Natural Resources Policy
Account
Dear Secretary Maxfield:
I have exercised my veto authority with regard to House Enrolled Act 98 (original House Bill 286). This bill relates to the Federal Natural Resources Policy Account (FNRPA).
Last year, my office completed a comprehensive review of state and local government participation as cooperating agencies in federal planning processes through the National Environmental Policy Act (NEPA). This review was done pursuant to Wyoming State Session Law 2008, Chapter 48, Section 323 (Senate Enrolled Act 23), with a full report of our findings being made available to the Joint Minerals, Business and Economic Development Committee on October 20, 2008. Pursuant to the Legislature’s directive, the report contained recommendations for statutory or rule changes to FNRPA (Wyo. Stat. § 9-4-218).
Among the suggested changes to FNRPA that were offered in the report was a recommendation to allow FNRPA funds to be used for participation in the implementation of federal land management plans. Also included was a suggestion that FNRPA dollars be prioritized to build internal, permanent capacity, instead of only funding contractors and consultants.
House Enrolled Act 98 was responsive to these recommendations, specifically with its inclusion of language to create Wyo. Stat. §§ 9-4-218 (a)(iv) and (c). However, additional changes were made through the bill that were not suggested in my office’s report, which I feel obligate me to veto the legislation.
The Wyoming State Constitution is clear in its identification of the state, counties and municipal corporations as entities having jurisdiction within their specifically identified political subdivision. The inclusion of conservation districts in the list of entities that can be directly granted FNRPA funds to participate in the NEPA process has the potential to blur this very clear delineation of authority, in that it opens the door for conservation districts to unilaterally affect federal land allocations, even if the position taken by the conservation district circumvents or is otherwise at odds with the position taken by a county. My view is that conservation districts should participate in the NEPA process, but only to the extent the encompassing county or counties consent to their participation. Consistent with this position, FNRPA funds should only be made available to conservation districts through the county or counties that encompass the district.
I would note that funding decisions under FNRPA are discretionary – with sole discretion for such decisions being vested in the governor. (Wyo. Stat. §§ 9-4-218 (a)). However, any allowance for direct funding of conservation districts through FNRPA has the potential to lead to a "governor-funded schism," of which I want no part. As such, I am removing any such possibility through my veto of the subject legislation.
To conclude, in my experience the current process to allocate FNRPA funds is working well. Counties have been more than generous in their allocation of FNRPA resources to the conservation districts that operate within their borders. This process should not be disturbed through the changes countenanced in House Enrolled Act 98.
Best regards,
Dave Freudenthal
Governor
|
