La. Admin. Code tit. 43 § XXVII-3203

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXVII-3203 - Approval of Offers of Donation

A. When the Commissioner of Administration or his designee determines that a proposed donation, including any terms and conditions of such donation negotiated pursuant to §3202. D of these rules, is in the best interest of the state, he or she shall prepare a written report, which shall set forth:

1. the identification of the state agency that is the proposed donee;

2. the identification of the proposed donor;

3. the legal description of the property that is the subject of the proposed donation, including a statement of the total acreage of the property and a survey map, if available;

4. any proposed terms, conditions and/or reservations to which the proposed donation would be subject;

5. a description of the evaluation conducted pursuant to §3202 of these rules, showing how the proposed donation would be in the best interest of the state; and

6. a statement of the appraised fair market value of the property that is the subject of the proposed donation.

B. The Commissioner of Administration or his designee shall submit the report identified in Subsection 3203. A of these rules to the House Committee on Natural Resources and the Senate Committee on Natural Resources at each committee's office in the state capitol by means of certified mail, return receipt requested, or by means of a messenger, who shall obtain a signature for receipt as proof of receipt of the report by each committee.

C. The committees shall, within 30 days of their receipt of the report submitted to them pursuant to Subsection 3203. B of these rules, meet jointly or separately to conduct hearings regarding the proposed donation that is the subject of the report. If the committees meet jointly, then a quorum of each committee shall be required to take action and a motion shall receive the favorable vote of a majority of those present in order to be adopted.

D. At the hearing or hearings identified in §3203. C of these rules, the committees shall evaluate the terms and conditions of the proposed donation and determine whether they are acceptable and whether acceptance of the proposed donation is in the best interest of the state.

E. If either committee determines that acceptance of a proposed donation is not in the best interest of the state, that committee may disapprove the proposed donation and shall give written notification of the disapproval to the Commissioner of Administration or his designee, summarizing its determinations. In such a case, either committee may recommend changes to the terms and conditions of the proposed donation, which recommendations shall not be binding on the proposed donor or on the Commissioner of Administration or his designee.

F. If a proposed donation is disapproved pursuant to §3203. E of these rules, the Commissioner of Administration or his designee may assist the proposed donee in renegotiating the terms and conditions of the proposed donation in light of the determinations and recommendations, if any, made by the committees. If such a renegotiation occurs, the Commissioner of Administration or his designee may submit to the committees an additional report, consistent with the requirements of Subsection 3203 A, describing the renegotiated proposal.

G. If both committees approve a proposed donation or if neither committee disapproves such proposed donation within 60 days of receipt of the report identified in §3203. A of these rules, then the Commissioner of Administration may accept the proposed donation on behalf of the state or authorize acceptance of the donation by the proposed donee.

La. Admin. Code tit. 43, § XXVII-3203

Promulgated by the Office of the Governor, Division of Administration, Office of State Lands, LR 32:613 (April 2006).

AUTHORITY NOTE: Promulgated in accordance with R.S. 41:151.G.