36-4-121. Permits to use state parks, recreation areas and historic sites.
(a) The department of state parks and cultural resources shall offer for sale permits that allow use of state parks, recreation areas, archeological sites and historic sites as designated by the department with the approval of the Wyoming parks and cultural resources commission. Permits may be subject to per person, per vehicle or time restrictions or any other restriction the director of the department deems appropriate. The director may waive any permit fee imposed pursuant to this section, offer discounts or offer at no charge complimentary permits or gift certificates for permits authorized by this section. Except as provided in subsection (n) of this section, the cost of the permits authorized under this section shall be approved by the commission and set in an amount not to exceed the following:
(i) Repealed by Laws 2017, ch. 12, § 2.
(ii) Repealed by Laws 2017, ch. 12, § 2.
(iii) Repealed by Laws 2017, ch. 12, § 2.
(iv) Repealed by Laws 2017, ch. 12, § 2.
(v) Repealed by Laws 2017, ch. 12, § 2.
(vi) Repealed by Laws 2017, ch. 12, § 2.
(vii) Repealed by Laws 2017, ch. 12, § 2.
(viii) Repealed by Laws 2017, ch. 12, § 2.
(ix) Repealed by Laws 2017, ch. 12, § 2.
(x) Repealed by Laws 2017, ch. 12, § 2.
(xi) Repealed by Laws 2017, ch. 12, § 2.
(xii) Repealed by Laws 2017, ch. 12, § 2.
(xiii) Repealed by Laws 2017, ch. 12, § 2.
(xiv) Repealed by Laws 2017, ch. 12, § 2.
(xv) Repealed by Laws 2017, ch. 12, § 2.
(xvi) Waived for the following:
(A) Persons needing to pass through a state park or historic site to access private property shall be exempt from the entrance permit requirements of this section;
(B) Persons needing access to a state park or historic site to conduct official business or only to access a private commercial business without further use of the state park or historic site shall be exempt from the entrance permit requirements of this section;
(C) School groups on school sanctioned events including events sanctioned by educational programs defined under W.S. 21-4-101(a)(iii), (iv) and (v), and residents and staff of publicly owned homes or institutions while on official agency functions shall be exempt from the entrance permit requirements of this section;
(D) Not for profit groups or organizations needing access to a state park or historic site to provide volunteer assistance or services that have been previously agreed upon by the department of state parks and cultural resources shall be exempt from the permit requirements of this section.
(xvii) Resident annual daily use permit .................................................... $64.00
(xviii) Nonresident annual daily use permit .................................................... $96.00
(xix) Resident daily use fee...............$8.00
(xx) Nonresident daily use fee.............$12.00
(xxi) Resident overnight camping permit...$12.00
(xxii) Nonresident overnight camping permit...............................................$18.00
(xxiii) Annual resident overnight camping permit...............................................$96.00
(xxiv) Per person daily use bus fee for guided tours, which shall not be charged to persons under the age of eighteen (18) years............................................$5.00
(xxv) Daily use lodge permit.............$300.00
(xxvi) Daily use group picnic shelter and adjacent ground permit.......................................$150.00
(b) The department or any selling agent of the department may issue additional vehicle annual daily use permits or additional vehicle annual overnight camping permits upon payment of a fee in an amount not to exceed fifty percent (50%) of the cost of the original annual permit.
(c) The department or any selling agent of the department may issue duplicate annual daily use permits or annual resident overnight camping permits upon the holder of the permit filing an affidavit showing the loss, mutilation or destruction of the original permit and upon payment of a fee in an amount not to exceed twenty-five percent (25%) of the cost of the original annual permit.
(d) Repealed by Laws 1992, ch. 50, § 3.
(e) The department through the division of state parks and historic sites shall in accordance with W.S. 36-4-123, appoint selling agents to sell annual daily use and annual camping permits authorized under this section. Each appointed selling agent shall retain ten percent (10%) of the cost of each permit sold under this section as his sales commission. Designated department employees may sell permits required by this section but no employee of the department shall receive any commission on permits sold.
(f) Repealed by Laws 1992, ch. 50, § 3.
(g) Repealed by Laws 1992, ch. 50, § 3.
(h) The funds received by the department from the sale of the permits shall be deposited into an account within the special revenue fund, hereby created as the state parks account, and, except as otherwise provided by this subsection, may be expended by the department for capital construction projects, major maintenance, and site interpretation such as exhibits, signage and displays as approved by the legislature. Interest on funds in the account shall accrue to the account. Not more than sixty percent (60%) of the funds in the account in any fiscal year may also be expended, with legislative approval, for maintenance and operational costs of outdoor recreation areas and facilities provided that no amount shall be expended for additional full-time employees or increases in salaries or overtime pay for full-time employees.
(j) Any person using state parks, recreation areas, archeological sites and historic sites and failing to obtain a permit authorized by this section and any person otherwise violating this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
(k) The department of state parks and cultural resources is authorized to contract with the town of Ranchester to implement a fee collection program at Connor Battlefield state historic site and to provide for park maintenance and operation. Notwithstanding subsection (h) of this section, fees collected for overnight camping at Connor Battlefield state historic site shall be deposited into a separate account and may be expended by the department pursuant to contracts entered into under this subsection.
(m) Repealed by Laws 2009, Ch. 168, § 207.
(n) Any resident disabled veteran who receives fifty percent (50%) or more service connected disability compensation from the United States department of veteran's affairs may apply to the department for a lifetime permit authorizing the use of state parks, recreation areas, archeological sites and historic sites without payment of any daily use, overnight or other fee authorized to be charged pursuant to this section. Only one (1) permit shall be issued to any qualified applicant under this subsection and shall be valid for the applicant and for all occupants of the applicant's vehicle. In addition to information and other application procedural requirements prescribed by rule and regulation of the department, application for the lifetime permit shall include proof of residency and certification of the service connected disability. The lifetime permit is valid as long as the holder is a Wyoming resident. A permit under this subsection shall be issued to an eligible applicant without the imposition of a fee.
(o) The department is authorized to sponsor special events and to contract with groups sponsoring special events at state parks, recreation areas, archeological sites or historic sites. A special event fee may be charged regardless of whether a daily use fee has been established by law and in addition to any other fee. All funds received from special events sponsored by the department shall be deposited in special events account. The funds deposited within the account are continuously appropriated to and may be expended by the department to conduct special events directly or pursuant to contracts entered under this subsection.
(p) Repealed By Laws 2008, Ch. 63, § 2.
(q) There is created the LX Bar Ranch challenge account. The department of state parks and cultural resources may accept gifts from any individual or entity to maintain and improve the LX Bar Ranch and deposit those funds to the account. State funds deposited to the account are continuously appropriated to the department of state parks and cultural resources for purposes of maintaining and improving the LX Bar Ranch, but shall only be expended from the account upon a dollar for dollar matching distribution of nonstate funds or a matching contribution of in kind gifts. Funds in the account shall not lapse at the end of any fiscal period.
(r) The department may establish methods whereby voluntary contributions may be accepted in support of state parks, historic sites, archeological sites or recreation areas. The department may suggest and solicit specific contribution amounts.
(s) The department may, with the approval of the commission, charge an amenities fee in addition to any other fee authorized under this section for services designated by the commission as added amenities. Funds collected from the amenities fee authorized by this subsection shall be deposited in a separate account and are continuously appropriated to the department to pay the utility fees and maintenance costs for the additional amenities offered. The remaining funds collected from the amenities fee authorized by this subsection at the end of the fiscal year may be deposited in the state parks account and expended in accordance with subsection (h) of this section. Revenues and expenditures under this subsection for each of the immediately preceding two (2) fiscal years shall be reported within the department's biennial budget request submitted under W.S. 9-2-1013.
(t) The department shall include as part of the opportunity to purchase a permit that allows use of state parks, recreation areas, archeological sites and historic sites the option for a permittee to donate an additional amount in support of wildlife conservation efforts related to the transportation system. Funds collected under this subsection shall be deposited into the wildlife conservation account created by W.S. 31-2-231(b).
36-4-122. Administration of Hot Springs state park.
(a) Effective April 1, 1990, the authority for management, control and administration of the Hot Springs state park located at Thermopolis, Hot Springs county, is vested in the department of state parks and cultural resources, in consultation with the commission. Effective July 1, 1999, the authority for management, control and administration of the Hot Springs state park located at Thermopolis, Hot Springs county, is vested in the department of state parks and cultural resources, in consultation with the commission. The state park will be administered by the department in accordance with W.S. 36-8-301 through 36-8-405.
(b) Repealed by Laws 1990, ch. 44, § 3.
(c) Repealed by Laws 1990, ch. 44, § 3.
36-4-123. Selling agents for registrations, licenses and permits.
(a) The department of state parks and cultural resources through the division of parks and historic sites shall appoint selling agents to sell snowmobile registrations pursuant to W.S. 31-2-402 and 31-2-410, permits under W.S. 36-4-121 and other licenses, registrations and permits for which the department may by law be required to issue and collect fees. Selling agents appointed under this section shall be bonded by the department, subject to the following:
(i) The appointed agent, prior to September 1 preceding the calendar year for which the bond is to be in effect, shall pay to the department a nonrefundable annual bonding fee of fifty dollars ($50.00);
(ii) Any newly appointed agent shall pay the bonding fee prescribed under paragraph (a)(i) of this section to the department immediately upon appointment for the remainder of the calendar year in which appointed;
(iii) Bonding fees collected under this subsection shall be deposited in a bond pool account, from which any claim against the bond of any selling agent and not directly collected from the agent shall be paid.
(b) Each selling agent appointed under subsection (a) of this section shall:
(i) On or before the tenth day of each month on forms provided by the division, file a report with the division stating all sales of registrations, licenses or permits by the agent during the preceding month;
(ii) Remit to the division all revenues collected by the agent from registration, license or permit sales during the preceding month reported under paragraph (b)(i) of this section, less any sales commission authorized by law;
(iii) Annually account for and deliver to the division all unused, surplus or damaged registration decals, licenses or permits received by the agent.
(c) In addition to any other penalty imposed by law, any selling agent failing to comply with this section and other applicable law shall not receive any sales commission authorized by law.
(a) As used in this act:
(i) "Board" means the Wyoming outdoor recreation and tourism trust account board created by W.S. 36-4-204;
(ii) "Income account" means the Wyoming outdoor recreation and tourism trust income account created by W.S. 36-4-203(b);
(iii) "Large project" means a project for which the total of all grants sought or previously awarded under this act equals or exceeds two hundred thousand dollars ($200,000.00);
(iv) "Outdoor recreation infrastructure" means the physical facilities and structures that support outdoor recreational activities and experiences for residents and nonresidents, including, but not limited to, parking, staging areas, trails, campgrounds, picnic areas, boat launches, fishing piers, observation decks, wildlife viewing areas and visitor centers;
(v) "Select committee" means the select natural resource funding committee created by W.S. 28-11-401;
(vi) "Small project" means a project for which the total of all grants sought or previously awarded under this act is less than two hundred thousand dollars ($200,000.00);
(vii) "Trust account" means the Wyoming outdoor recreation and tourism trust fund account created by W.S. 36-4-203(a);
(viii) "This act" means W.S 36-4-201 through 36-4-206.
36-4-203. Wyoming outdoor recreation and tourism trust
fund account and trust fund income account; creation; source of funds.
(a) The Wyoming outdoor recreation and tourism trust fund account is created. The trust account shall consist of those funds designated to the account by law and all monies collected from federal grants and other contributions, grants, gifts, bequests and donations in the trust account. The trust account is specifically empowered to accept grants, gifts, transfers, bequests and donations. Funds deposited within the trust account shall be inviolate and constitute a perpetual trust fund which shall be invested by the state treasurer as authorized by law and in a manner to obtain the highest return possible consistent with preservation of the trust account corpus.
(b) The Wyoming outdoor recreation and tourism trust fund income account is created. Except as otherwise provided in this subsection, the state treasurer shall credit annually to the income account all earnings from funds in both the income account and in the trust account. Until the earlier of July 1, 2026 or when the corpus of the trust account equals or exceeds two hundred million dollars ($200,000,000.00), all earnings from the trust account and income account shall be credited to the trust account. The legislature may appropriate funds directly to the trust account or income account for investment or distribution in accordance with the terms of this act. Any appropriated funds without a designation shall be credited directly by the state treasurer to the income account.
(c) Any person may grant, give, transfer, bequest or donate funds to the Wyoming outdoor recreation and tourism trust fund account or the income account created by this section. The person may specify in writing whether the funds should be credited to the trust account or the income account and if no specification is made, the funds shall be credited to the income account.
(d) The board may expend funds from the income account for administrative expenses authorized under this act without further legislative action. Additional expenditures from the income account may be made by the board without further legislative action for the following purposes:
(i) Planning, design, improvement, construction and maintenance of existing or new outdoor recreational infrastructure;
(ii) Acquisition of public access easements necessary to enhance outdoor recreational infrastructure.
(e) No funds shall be expended from the income account for large projects except upon specific legislative authorization. Following the initial legislative authorization to expend funds for a large project, the board may approve additional grants for that large project not to equal or exceed a total amount of an additional two hundred thousand dollars ($200,000.00). The board shall forward a notice of any such additional grant award to the select committee within thirty (30) days of each approval. Subsequent legislative authorization shall be required for any grant in excess of the limits of this subsection.
(f) The board shall not have the power of eminent domain.
(g) Every public access easement funded in whole or in part with monies made available by this act shall bind the parties thereto to an agreement which provides that the state of Wyoming is a third party beneficiary to the easement solely with the contingent right to enforce the terms of the easement if the grantee fails to enforce any of the terms of the easement. The agreement shall provide that if the easement is transferred for value, sold or extinguished without the consent of the board, the state of Wyoming shall have the right to either take legal action to enforce the terms of the easement or to recover from the proceeds of the transfer for value, sale or extinguishment, the state's pro rata share of the proceeds based on the funds the state provided for the creation of the easement.
(h) No funds shall be disbursed under this act unless the person receiving the funds certifies that no gratuities, kickbacks, gifts, commissions, contingency fees or other considerations have been or will be made in connection with the appropriation or the associated grant made by the board.
36-4-204. Wyoming outdoor recreation and tourism trust
account board established; terms; meetings; duties, conflict of interest.
(a) There is created the Wyoming outdoor recreation and tourism trust account board. The board shall consist of nine (9) members appointed by the governor and confirmed by the senate, who shall be residents of Wyoming. The members shall be appointed from each of the judicial districts set forth in W.S. 5-3-101. The board membership shall reflect a broad spectrum of outdoor recreation experiences, which may include wildlife management, sportsmen, tourism, motorized and non-motorized recreation and private land ownership.
(b) Except as otherwise provided by this subsection, each appointed member of the board shall serve for a term of six (6) years and may be reappointed for one (1) consecutive, additional term. Upon creation of the Wyoming outdoor recreation and tourism trust account board, three (3) members of the board shall be appointed for a term of two (2) years, three (3) members shall be appointed for a term of four (4) years and three (3) members shall be appointed for a term of six (6) years. The governor may remove any member as provided in W.S. 9-1-202. Any vacancy occurring between sessions of the legislature may be filled by the governor as provided under W.S. 28-12-101(b). The board shall select one (1) of its members to serve as chairman.
(c) The secretary to the board shall be the manager of the Wyoming outdoor recreation office within the department of state parks and cultural resources. The secretary to the board shall administer funds at the direction of the board and shall further act as liaison for the board to other state, federal and local governmental entities, the Eastern Shoshone and Northern Arapaho tribes, or the cooperative tribal governing body, as well as nonprofit organizations, residents and nonresidents who seek to provide input regarding grant proposals.
(d) The board shall meet regularly, not less than four (4) time per year. Members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties in the manner and amounts provided by law for state employees.
(e) The board shall receive and evaluate applications for grants from the income account and shall forward applications for large projects to the select committee for review and recommendation. The board may approve grants for any small project. Funds in the income account are continuously appropriated for small project grants approved by the board and for approved large projects as specified by W.S. 36-4-203(e).
(f) The board shall adopt rules and regulations in accordance with the Wyoming Administrative Procedure Act as necessary to carry out its duties under this act, including rules and regulations to:
(i) Establish criteria for grants from the income account which accomplish the purposes of this act;
(ii) Establish criteria for matching funds or other in-kind contributions from grantees;
(iii) Evaluate and rank grant proposals, with emphasis on those projects that include support from multiple partners and funding sources;
(iv) Review and monitor grants to grantees;
(v) Evaluate the effects of grant proposals on providing recreation and tourism opportunities for residents and nonresidents;
(vi) Establish criteria for the acceptance or rejection of gifts, transfers, bequests and donations including interests in real or personal property, which criteria shall be consistent with this act. Based on those criteria, the board shall make a recommendation regarding the acceptance of any fee simple interest in real property to the board of land commissioners. Based on the board's recommendation, the board of land commissioners shall make a final determination on acceptance or rejection of any fee simple interest in real property under this act;
(vii) Consider the benefits and impacts of grant proposals on local communities, including its socioeconomic, cultural, natural and wildlife resources;
(viii) Consult, or ensure that the applicant has consulted, with other governmental entities, the Eastern Shoshone or Northern Arapaho tribe, or the cooperative tribal governing body, stakeholders and nonprofit organizations, as appropriate.
(g) In fulfilling its duties under this act the board may:
(i) Accept or decline federal grants and other contributions, grants, gifts, transfers, bequests and donations of any money, personal property or interests in real property other than a fee simple interest from any source. The board shall make a recommendation regarding the acceptance of any fee simple interest in real property to the board of land commissioners;
(ii) Recommend to the joint appropriations committee and the select committee that funds be transferred from the income account to the trust account.
(h) No board member shall vote or otherwise participate in any matter regarding a contract or project in which the board member has a financial or personal interest. When such interest appears, the board member shall make such interest known, and shall thenceforth refrain from voting on or otherwise participating in the particular matter involving such interest.
(j) The board shall annually report to the governor, the joint appropriations committee, the select committee and the joint travel, recreation, wildlife and cultural resources interim committee no later than October 1 with respect to all federal grants, state appropriations and other contributions, grants, gifts, bequests and donations received and credited to the trust account or income account during the preceding fiscal year. The report shall include all grants awarded by the board to governmental entities, the Eastern Shoshone or Northern Arapaho tribe, or the cooperative tribal governing body and nonprofit organizations and progress made toward the condition of any grant made.
(a) The board shall only grant funds to governmental entities, the Eastern Shoshone and Northern Arapaho tribes, or the cooperative tribal governing body and nonprofit organizations. The board shall award grants in accordance with W.S. 36-4-204(e) and (f). The board shall have the discretion to determine the amount of each grant and any conditions attached to the grant.
(b) Grants by the board shall not provide a supplement to, or replacement of, the operating budget of any governmental entity or nonprofit organization except as those funds are directly related to the purposes of the grant.
(c) No grants shall be awarded under this act until rules and regulations adopted by the board pursuant to W.S. 36-4-204(f) have become effective.
The director of the department of audit or his designee shall audit the trust and income accounts on a regular basis. Copies of the audit shall be provided to the governor, the joint appropriations committee, the select committee and the joint travel, recreation, wildlife and cultural resources interim committee.
36-5-101. Qualifications of lessees; lease terms; rental.
(a) No person shall be qualified to lease state lands unless that person has reached the age of majority, and is a citizen of the United States, or has declared an intention to become a citizen of the United States. No person or legal entity shall be qualified to lease state lands unless he or it has complied with the laws of this state and is authorized to transact business in this state.
(b) The rental of any lease awarded shall be based on an economic analysis and shall reflect at least the fair market value for the same or similar use of the land based upon a formula adopted by the board using the following criteria:
(i) Readily available data averaged over an adequate number of years to remove any radical fluctuations;
(ii) Factors which reasonably reflect the true market value of state leases;
(iii) Parameters within which the board can be responsive to changing resource conditions, market demand and industry viability;
(iv) Factors which reasonably reflect the contributions made by the lessee.
36-5-103. Application for lease; cancellation of application.
Any person, firm, association or corporation desiring to lease state lands for agricultural and grazing purposes shall file with the director an application on the form approved by the board, which must be accompanied by the regular filing fee and payment acceptable to the director for the full amount of the first year's rental offered. If there are improvements owned by another located upon said lands, the applicant must also transmit in the manner above provided, the estimated amount of the value of the improvements as listed in his application, and in the event the successful applicant fails, refuses or neglects to complete the lease awarded, or otherwise fails, refuses, or neglects to comply with the provisions of this act, or the rules and regulations of the board, after having been given thirty (30) days notice by registered mail, the application shall be cancelled and the sum remitted as rentals and twenty-five percent (25%) of the sum remitted for improvements shall be retained by the board as liquidated damages; and the sum paid as rental shall be paid by the director to the state treasurer and credited by him to the proper permanent land income fund account, and the sum paid for improvements shall be credited to the general fund.
36-5-104. Time for filing renewal applications; cure
process and timeline; conflicting applications; grace period.
(a) All applications to lease grazing and agricultural lands under outstanding leases must be filed in the office of state lands and investments not earlier than one hundred twenty (120) days prior to, and not later than sixty (60) days prior to the expiration date of the existing lease. For the renewal of outstanding leases for grazing and agricultural lands under this subsection, the office of state lands and investments shall have the following duties:
(i) The office shall provide notice by certified mail to all existing lessees of the expiration of their leases not earlier than one hundred twenty (120) days prior to the expiration of the lease;
(ii) The office shall provide notice of a missing or deficient application for lease renewal to the lessee not later than forty (40) days before the expiration of the existing lease. The notice required by this paragraph shall:
(A) Be made by certified mail unless an equally effective, alternative form of delivery is approved by the office for the particular lessee to whom notice will be delivered;
(B) Identify the deficiencies in the application for lease renewal or provide notice that no application for renewal has been filed;
(C) Provide the lessee not less than thirty (30) days from receipt of the notice to file a lease renewal application or to remedy all deficiencies in the lessee's renewal application;
(D) Provide notice that the lessee's failure to submit a renewal application or to remedy all deficiencies in the lessee's renewal application before expiration of the lease may result in the leased lands becoming vacant.
(b) Any conflicting application to lease grazing and agricultural lands under any existing lease shall be filed in the office of state lands and investments not earlier than one hundred twenty (120) days prior to, and not later than, ninety (90) days prior to the expiration date of the existing lease. Upon receipt of a conflicting lease application the office of state lands and investments shall notify the current lessee via certified mail that a conflicting lease application has been received and shall provide the current lessee not less than thirty (30) days from receipt of notice to file a lease renewal application together with payment of the first year's rental that meets the highest bid offered by another qualified applicant as provided in W.S. 36-5-105(c). For renewal of outstanding leases for grazing and agricultural lands under this subsection, the office of state lands and investments shall have the following duties:
(i) The office shall provide notice of a deficient application for lease renewal to the lessee not later than ten (10) days after the filing of a lease renewal application by an existing lessee. The notice required by this paragraph shall:
(A) Be made by certified mail unless an equally effective, alternative form of delivery is approved by the office for the particular lessee to whom notice will be delivered;
(B) Identify the deficiencies in the application for lease renewal;
(C) Provide the lessee not less than twenty (20) days from receipt of the notice to remedy all deficiencies in the lessee's renewal application;
(D) Provide notice that the lessee's failure to remedy all deficiencies in the lessee's renewal application may result in the rejection of the application.
(c) For good cause shown and at the written request of the current lessee, the director shall grant a current lessee thirty (30) additional days past the expiration date of their existing lease to submit an application to renew the lease.
36-5-105. Criteria for leasing; preferences; assignments,
subleases or contracts; lands taken for war purposes; mineral lands excepted; agricultural lands.
(a) All state lands leased by the state board of land commissioners, for grazing and other agricultural purposes shall be leased in such manner and to such parties as shall inure to the greatest benefit to the state land trust beneficiaries.
(b) No applicant shall be qualified to lease vacant lands unless that applicant is qualified under the provisions of W.S. 36-5-101, has or can gain access to the land and offers to pay an annual rental at not less than fair market value, as determined by the economic analysis pursuant to W.S. 36-5-101(b), for the same or similar use of the land for a period of ten (10) years and who has not been found to have significantly violated any laws or regulations related to state lands. Also in leasing vacant lands:
(i) Preference shall be given to applicants who are the owners, lessees or lawful occupants of adjoining lands, unless the board determines that the preference should not be recognized for good cause. The preference shall be administered as set forth in this paragraph:
(A) In instances where one (1) applicant is eligible for the preference and a competing bidder is not, the applicant eligible for the preference may elect to meet the highest bid of the applicants not eligible for the preference;
(B) When two (2) or more applicants are eligible for the preference, in determining to which applicant to award the lease, the director shall request a final bid from the applicants eligible for the preference in a manner as directed by the director to determine the successful applicant;
(C) When two (2) or more applicants are eligible for the preference and one (1) or more applicants are not eligible for the preference, those applicants who are eligible for the preference may elect to match the highest bid. If two (2) or more applicants who are eligible for the preference elect to meet the highest bid, the lease shall be awarded pursuant to subparagraph (B) of this paragraph.
(ii) Before accepting applications to lease vacant land, the director shall provide notice on the website of the office, directly to each adjoining private landowner as recorded within the county assessor's office and by any other means as prescribed by rule;
(iii) If the board determines good cause exists not to recognize a preference under paragraph (i) of this subsection, the board shall issue written notice to the applicant who is not being given a preference. The notice shall include the board's statement of good cause not to recognize the preference and the opportunity to request a hearing to appeal the determination in accordance with the Wyoming Administrative Procedure Act. The board shall have the burden to demonstrate the good cause not to recognize the preference;
(iv) As used in this subsection:
(A) "Preference" means the elevated position of an applicant to participate in the vacant land bidding process as described in paragraph (i) of this subsection above applicants who are not the owners, lessees or lawful occupants of adjoining lands in good standing with the board;
(B) "Vacant land" means land not currently subject to a grazing and agricultural lease from the board.
(c) An applicant who is the holder of an expiring lease, and has paid the rental when due, and is not currently in violation of the provisions of the lease, and is qualified under the provisions of W.S. 36-5-101, shall have a preferred right to renew such lease by meeting the highest bid offered by another qualified applicant whose bid is not less than the minimum fair market value as determined by the board for the same or a similar use of land using the formula developed pursuant to W.S. 36-5-101(b) and not more than one hundred twenty percent (120%) of the maximum fair market value as determined by the board based on the previous year's values for the state, district or county, whichever is most localized and available, as determined by the national agricultural statistics service utilizing:
(i) The private land lease rate per animal unit month for Wyoming grazing leases; or
(ii) The private land irrigated or nonirrigated cropland lease rate, as applicable, for Wyoming cropland leases on irrigated or nonirrigated cropland; and
(iii) A downward adjustment of twenty percent (20%) to reasonably reflect lessee contributions typically provided as a part of a private land grazing lease rate or a private cropland lease rate, as applicable.
(d) If the lessee of state lands shall assign, sublease or contract all or any part of the lease area, the lease shall be subject to cancellation unless the director approves the assignment, sublease or contract subject to criteria established by the board of land commissioners provided that:
(i) Approval shall not be arbitrarily or unreasonably withheld;
(ii) All action upon each application shall inure to the greatest benefit of state land trust beneficiaries;
(iii) In no event shall the lands be subleased unless one-half (1/2) of the excess rental is paid to the state. For purposes of this paragraph, "excess rental" means the amount of money received from the sublease by the lessee is in excess of the current annual grazing and agricultural lease rental. "Excess rental" shall be calculated by identifying the total money received for only the use of leased or subleased state lands and subtracting the annual lease rental;
(iv) A lessee of state lands whose lease authorizes grazing on the state lands shall not be required to obtain the approval of the director to allow livestock the lessee does not own to graze on the state lands provided that:
(A) Repealed by Laws 2026, ch. 22, § 2.
(B) Repealed by Laws 2026, ch. 22, § 2.
(C) Repealed by Laws 2026, ch. 22, § 2.
(D) Notice of the presence of livestock not owned by the lessee shall be given to the board on a form provided by the office of state lands and investments not more than thirty (30) days after the arrival of the livestock on the leased land;
(E) In addition to the annual rental amount, the lessee shall pay a monthly fee per head of non-owned livestock which shall be established by the board and shall not exceed fifty percent (50%) of the annual animal unit month rental rate. The payment shall be made to the board not later than thirty (30) days after the removal of the non-owned livestock. For purposes of this subparagraph, "animal unit month" means as defined by W.S. 41-3-116(a)(ii).
(v) Repealed by Laws 2026, ch. 22, § 2.
(vi) Repealed by Laws 2026, ch. 22, § 2.
(e) Repealed By Laws 2007, Ch. 111, § 2.
(f) Provided further, that whenever any state owned lands have been or may hereafter be condemned or acquired by the United States for war purposes and whenever said lands may hereafter be reconveyed to the state of Wyoming by the said United States or any department thereof, then in such event the state board of land commissioners shall give preference to the lessee holding said lands at the time of the taking of said lands by the said United States or any department thereof.
(g) Provided further, that this act shall not be applicable to the leasing of state mineral lands under the provisions of W.S. 36-6-101 through 36-6-105, as amended.
(h) As used in subsection (c) of this section, "preferred right" means the right to renew a lease provided to an existing holder of a grazing and agricultural lease by the board if the existing lease holder is in compliance with subsection (c) of this section.
(j) No applicant shall be qualified to lease state lands for grazing and agricultural purposes without having actual and necessary use of the land for the production of agricultural commodities.
(k) If at any time a state grazing lessee notifies the office that the common ownership of the entities holding the state grazing lease and owning the livestock grazing on the state grazing lease is not less than eighty percent (80%), a sublease or a non-owned livestock fee shall not be required.
36-5-106. Richard Bridge historical park; Oregon Trail
State Veterans' Cemetery buffer zone; veterans' home and skilled nursing facility buffer zone.
(a) The state board of land commissioners is hereby authorized, if after investigation and study the board deems it to the best interest of the state of Wyoming, to enter into a lease agreement with the town of Evansville, Wyoming, for a portion of the land belonging to the state of Wyoming lying south of the centerline of the North Platte River in section 36, township 34 north, range 79 west of the sixth principal meridian, Natrona county, Wyoming. The lease authorized herein shall contain a clause restricting the use of the leased property to historical landmark, park, recreation, museum and municipal purposes. The land leased shall be known as Richard Bridge historical park.
(b) The state board of land commissioners is hereby authorized to enter into a lease agreement for the portions of land belonging to the state of Wyoming in Natrona county, Wyoming, one (1) portion of land described as follows: the NW ¼ of the NW ¼ and the NE ¼ of the NW ¼ and part of the NW ¼ of the NE ¼ and part of the SE ¼ of the NE ¼ and part of the SW ¼ of the NE ¼ and part of the SE ¼ of the NW ¼ and part of the SW ¼ of the NW ¼ and part of the NE ¼ of the SW ¼ and part of the NW ¼ of the SE ¼ and part of the NE ¼ of the SE ¼ and part of the SE ¼ of the SE ¼ of section 36, township 34 north, range 79 west, also known as all lying north of the centerline of the North Platte river except 115.998 acres in the NE ¼, containing 266.34 acres, and one (1) portion of land located and being a portion of lot 1 in the NW ¼ of section 31, township 34 north, range 78 west containing 19.63 acres. The state lands described in this subsection shall not be otherwise disposed of, and any lease authorized herein shall contain a clause restricting the use of the leased property to grazing purposes only so long as the Oregon Trail State Veterans' Cemetery exists in the adjacent location. The land leased shall be known as the Oregon Trail State Veterans' Cemetery buffer zone.
(c) The state board of land commissioners is hereby authorized to enter into a lease agreement for the portions of land belonging to the state of Wyoming in Johnson county, Wyoming, described as follows: in township 50 north, range 82 west of the sixth principal meridian part of the NE ¼ of the NW ¼ of section 3, the N ½ and SW ¼ and NW ¼ of the SE ¼ and part of the NE ¼ of the SE ¼ and part of the SW ¼ of the SE ¼ of section 4 and the E ½ of section 5 and in township 51 north, range 82 west of the sixth principal meridian part of lot 7, part of lot 8 and part of lot 6 of section 34, containing 941.74 acres more or less. The state lands described in this subsection shall not be otherwise disposed of, and any lease authorized herein shall contain a clause restricting the use of the leased property to grazing purposes only so long as the veterans' home of Wyoming and the Wyoming veterans' skilled nursing facility exist in the adjacent location. The land leased shall be known as the veterans' home and skilled nursing facility buffer zone.
36-5-107. Preference in granting leases on exchanged lands.
The holder of a lease of any school, state or institutional land that is offered for exchange under section 8, of the Taylor Grazing Act, shall have preference to lease the land received in such exchange.
If two (2) or more qualified applicants under W.S. 36-5-101 shall offer the same annual rental for the same lands, and such offers are the highest offers received and are equal to or above the minimum rental fixed by the board, and no preferred right exists in the old lessee, or if the old lessee does not exercise the preferred right, the director shall grant the lease to the applicant holding title to lands nearest to the lands applied for. When a preferred right exists in the old lessee under the provisions of this act, the old lessee shall be given fifteen (15) days notice by registered mail, and if he fails or refuses to file his acceptance together with the balance of the rental due for the first year, within the time specified, the lease shall be awarded automatically to the applicant offering to pay the highest annual rental, or in the event of even offers, shall be disposed of as hereinbefore provided. As used in this section, "preferred right" means as defined in W.S. 36-5-105(h).
36-5-109. When rental due; procedure upon failure to pay.
Upon notice provided not less than sixty (60) days before the anniversary date of a lease, all rentals accruing to the state by virtue of this act, except those for the first year, shall become due and payable at the office of state lands and investments on the anniversary date of the lease. If the rent is not paid on the anniversary date, the office shall again notify the lessee or the lessee's authorized agent by certified mail that the lease may be cancelled if the rent and a late fee equal to ten percent (10%) of the annual rental is not received within thirty (30) days following the date of the certified notice. If the lease is cancelled, the office shall as soon as possible thereafter, advertise the lands in the county where located, as vacant and subject to lease.
(a) A lessee of state lands shall have the right to construct or make improvements upon state lands in an amount not to exceed four thousand dollars ($4,000.00) per section for each separate improvement, without first obtaining permission. If the lessee or any other person desires to construct or make improvements upon state lands in excess of the value of four thousand dollars ($4,000.00) per section for each separate improvement, he shall file an application for permission to construct or make the improvements with the director, which shall be subject to allowance or rejection as the best interests of the state require. The director shall have authority to grant permission to construct improvements in excess of four thousand dollars ($4,000.00) per section for each separate improvement for fencing, water development, livestock handling facilities and range enhancements. Any other improvement in excess of four thousand dollars ($4,000.00) per section for each separate improvement shall be applied for under a special use permit. Unless permission has been obtained in the manner provided by this section or the improvement has been registered as provided in subsection (b) of this section, the owner of any improvement in excess of the value of four thousand dollars ($4,000.00) per section at the time of construction of the improvement shall not be entitled to compensation therefor as provided by W.S. 36-5-111 and 36-9-105, and upon the expiration of the lease the improvement shall forfeit to and become the property of the state; except, that within one hundred twenty (120) days from the date of the expiration of the lease, the owner may remove the improvement in a manner that minimizes injury to the land.
(b) Notwithstanding subsection (a) of this section, a lessee of state lands may register all improvements made upon state lands which were made prior to June 30, 2010, with or without prior approval by the director. Improvements registered under this subsection may include improvements for which approval was not applied for pursuant to subsection (a) of this section. Improvements for which permission was denied under subsection (a) of this section shall not be eligible for registration under this subsection. Registrations under the provisions of this subsection shall be made not later than June 30, 2014. Improvements registered under this subsection shall be entitled to compensation therefor as provided by W.S. 36-5-111 and 36-9-105.
36-5-111. Payment for or removal of existing improvements.
Any applicant applying to lease state lands upon which there are fences, buildings, reservoirs, ditches, dams, wells, or other improvements of any kind, belonging to or made by another, or for which water rights or proportionate interests in irrigation reservoirs, canals, or systems, have been acquired, shall before receiving the lease, pay to the director for the use and benefit of the owner or maker of any improvements at the time of the execution of the lease, the current market value of the improvements unless a different value is agreed to between the owner of the improvements and the applicant thereof as finally determined by the board in accordance with its rules and regulations. Alternatively, the owner of the improvements shall, upon giving notice to the director in writing within the time fixed by board rule and regulation, have the right to remove those improvements in a manner which minimizes injury to the land; provided, that the improvements be removed within a period of one hundred twenty (120) days from the date of the expiration of the lease. For purposes of this section, "current market value" means the replacement value of the lessee's improvement at the time of transition of the lease, after the remaining useful life of the improvement is considered.
The general form of grazing and agricultural lease upon state lands shall be prescribed by the board and shall be signed by the director on behalf of the state. Except in cases where the board deems necessary, leases shall be issued without bond.
The board shall have the power and authority to cancel leases procured by fraud, deceit or misrepresentation, or for use of the lands for unlawful or illegal purposes, or for the violation of the covenants of the lease, upon proper proof thereof.
36-5-114. Leasing for industrial, commercial, residential
and recreational purposes; authority; rental fees; rules and regulations.
(a) The board of land commissioners may lease for a term of not more than seventy-five (75) years state lands for industrial, commercial and recreational purposes.
(b) The board may lease state lands for purposes which shall bring about the compatible use of the surface area and shall inure to the greatest long term benefit of the state land trust. Provided, however, that nothing herein contained shall result in the substantive impairment of existing leases or the preferential right to the renewal thereof.
(c) The board shall fix a rental value based upon not less than the fair market value of each use of the land. If the land to be leased under this subsection was originally acquired by the state for the benefit of the common school permanent land fund, and is to be used by a Wyoming school district for the construction and maintenance of school buildings and facilities, the board may assess an annual rental fee of one hundred dollars ($100.00) per acre or not less than fair market value, whichever is less.
(d) The board shall promulgate rules and regulations implementing policies, procedures and standards for the long-term leasing of state lands for industrial, commercial and recreational purposes under the provisions of W.S. 36-5-114 through 36-5-117, including provisions requiring compliance with all applicable land use planning and zoning laws and permitting the board to terminate a lease for good cause shown. When the office of state lands and investments initiates a request for a proposed leasing of state lands, the office shall require not less than thirty (30) days notice be provided:
(i) On the website of the office of state lands and investments;
(ii) In a newspaper of general circulation in the county or counties where the state lands are to be leased; and
(iii) To current lessees of the state lands and owners of adjoining lands by certified mail.
36-5-115. Leasing for industrial, commercial and recreational purposes; "recreational purposes" defined.
As used in W.S. 36-5-114 through 36-5-117 the term "recreational purposes" means land used for cabin sites, public camp sites, public parks and recreation areas, golf courses and any associated residential development, youth groups and ski or winter sports areas.
36-5-116. Leasing for industrial, commercial and recreational purposes; assignment or transfer.
Leases issued under the provisions of W.S. 36-5-114 through 36-5-117 shall not be assignable or transferable except with written consent of the board of land commissioners.
(a) A state lands lessee's liability to users of those lands is limited as specified in W.S. 34-19-101 through 34-19-107. A state lands lessee's liability to users of improvements upon those lands is limited to the same extent, provided that:
(i) The improvement is properly authorized under W.S. 36-5-110 or has otherwise been authorized by the board of land commissioners; and
(ii) The lessee did not charge the user to use the improvement.
36-5-118. Renewal of state land leases and rental payments.
All state land lease renewal applications and rental payments required under this act that are submitted using a mail service shall be deemed filed on the date of the postmark stamped on the envelope in which the renewal application or rental payment is mailed.
36-6-101. Terms of leases; extensions; lessees specified;
rules and regulations; rent and royalties; assignment of leases; grazing and agricultural leases; cooperation with United States or its lessees, in cooperative or unit plans.
(a) The board of land commissioners may lease any state or state school lands for oil and gas for a primary term up to ten (10) years and as long thereafter as oil or gas may be produced in paying quantities, and may extend the term of existing oil and gas leases in good standing for as long as oil or gas may be produced in paying quantities.
(b) The board is further authorized to make and establish rules and regulations governing the issuance of oil and gas, coal and other mineral leases and covering the conduct of development and mining operations.
(c) Mineral leases may be issued upon such monthly or annual minimum rental payment basis as shall be fixed by the board, which payment shall be annually applied against such royalty as shall accrue for the same lease year by the terms of such lease, which royalty, as to lands leased for oil or gas shall not be less than five percent (5%) of all oil and gas produced and saved from and not used in operations on the lands under the lease, and royalty of not less than five cents ($.05) per ton on coal produced from the lands under any such lease for coal purposes, such royalty to be paid on mine run of coal. No mineral lease issued under the provisions of this section shall be assignable or transferable except with written consent of the director, subject to criteria established by the board, and he shall require the lessee's full compliance with and observance of all rules and regulations adopted by the board and for the lessee's compliance with all other terms of the lease. All mineral leases issued pursuant to this section shall be separate and distinct from each lease of the same land for grazing or agricultural purposes, issued by the board, and rules and regulations adopted by the board as herein authorized, shall provide for joint use of such lands for grazing and agricultural or mineral purposes without undue interference by the lessees under any such class of leases with lessees under any other such class.
(d) The director, subject to criteria established by the board, on behalf of the state, and its lessee or lessees in any such mineral lease are hereby further authorized to join, in the interest of conservation and greater ultimate recovery of oil and gas, in fair and equitable cooperative or unit plans of development or operation of oil and gas pools, with the United States government and its lessees, or permittees, or others, or any of them, and the director, subject to criteria established by the board, is hereby authorized to modify and change any and all terms and conditions of any such oil and gas lease or leases, heretofore or hereafter issued, as mutually agreed by the lessor and lessee in any such lease, as required to conform to the terms of any such lease to such cooperative or unit plan and as required to effectuate proper operations thereunder, which changes may include extension of the term of years otherwise applicable to any such lease, for the full period of time during which such cooperative or unit plan may remain in effect.
(e) When a cooperative or unit agreement is terminated or ceases to be effective as to lands upon which there is no production of oil or gas, the lease covering such lands shall remain in effect for a period of two (2) years from the date such lands ceased to be subject to said agreement, or for the remaining length of the term of the original lease, whichever shall be the greater, and so long thereafter as oil or gas is produced from said lands in accordance with the requirements of the original lease.
(f) The terms of any lease issued under this section for land on which actual drilling operations were commenced prior to the end of its primary term and are being diligently prosecuted at that time shall be extended for one (1) year and so long thereafter as oil or gas is produced in paying quantities.
(g) All natural gas leases executed hereunder shall provide that the state of Wyoming may require the lessee to dedicate all the natural gas produced on lands owned by the state for the use or benefit of the people of the state of Wyoming.
(h) If the state board of land commissioners determines it would benefit the people of the state to have the natural gas dedicated, the board may arrange for the sale of the natural gas for the use of the people of the state or arrange for the exchange of the natural gas produced with producers of natural gas produced from lands not owned by the state if the exchange will benefit the people of the state. If the board determines the dedication would not be in the public interest; or would cause waste as defined by W.S. 30-5-101; or would unreasonably deny the lessee the opportunity to economically market the natural gas, it may waive dedication.
(j) The board shall adopt and promulgate necessary rules and regulations to carry out the provisions of subsections (g),
(h) and (j) of this section.
(k) The board, on behalf of the state, and its lessee or lessees in coal and other mineral leases, may approve cooperative mining development plans established for the purpose of development of the mineral resources in an efficient and economical manner and in accordance with sound engineering practice. The board may also modify and change any and all terms and conditions of any coal and other mineral lease or leases, heretofore or hereafter issued, as mutually agreed by the lessor and lessee in the lease. The director, subject to criteria established by the board, may conform the terms of the lease to a cooperative mining development plan required to effectuate proper operations, with changes that may include extension of the term of years otherwise applicable to the lease, for the full period of time during which the cooperative mining development plan may remain in effect. A cooperative development plan may consist of one (1) or more private, state or federal leaseholds or mineral interests. All lands in a cooperative mining development plan shall be under the effective control of a single operator, capable of being developed and operated as a single operation.
(m) The director, subject to criteria established by the board, may lease any state or state school lands for coal and other mineral purposes for a primary term of not exceeding ten (10) years. Lessee shall have the exclusive right to renew the lease for successive terms of ten (10) years each, if at the time application for renewal is filed:
(i) Coal or other minerals covered by the lease are actually being produced from the leased lands and the lessee is complying with all lease terms; or
(ii) The leased lands are committed to a cooperative mining development plan approved by the board and coal or other minerals are actually being produced from the cooperative mining development plan and the lessee is complying with the plan and all lease terms; or
(iii) The lessee is proceeding in good faith to develop the leased lands; or
(iv) If the lessee shows to the satisfaction of the director or the board that production of coal or other minerals has been delayed by the necessity of obtaining licenses, permits, or other approvals from governmental authorities and that the lessee has used reasonable diligence in an effort to obtain the licenses, permits or other required authorizations.
(n) As used in subsection (m) of this section, good faith development means the substantial expenditures or firm commitments for exploration, engineering, environmental studies, hydrological studies or research and development which is required for development of the lease. To assist the lessee in planning for the orderly development of the lease or leases, the lessee may submit to the board at any time during the term of the lease or leases a schedule and discussion of proposed expenditures or commitments for the development of the lease or leases. After reviewing the schedule and discussion, the board shall issue a ruling in writing within ninety (90) days binding upon the state and the lessee, determining whether or not the proposed expenditures or commitments, when and if actually made by lessee, shall qualify as "substantial expenditures or commitments" so as to constitute "good faith development" within the meaning of subsection (m) of this section.
(o) Any mineral lessee or producer shall report all production including total volume, value and disposition of the mineral production under any lease, unit or communitization agreement in a timely manner and in such form as determined by the board. Any person failing to comply with this subsection shall be subject to penalties enacted by the board or the cancellation of the lease or agreement under which they are operating.
(p) Before issuing a lease of any state lands or state school lands for oil and gas production under this article, the director, subject to criteria established by the board, shall review the highest bid offered by an applicant to determine if the applicant is a qualified oil and gas lease applicant in accordance with rules of the board. If the highest bidder is not a qualified bidder, then the board shall consider the second highest bidder to determine whether that bidder is a qualified applicant, upon which the board may issue the lease if the applicant agrees to lease the lands for the highest amount bid before the disqualified applicant entered the lease auction or process or for the amount that the second highest bidder bid, whichever is lower. Any applicant whose bid is rejected under this subsection because the applicant is not a qualified oil and gas lease applicant shall be subject to a civil penalty in the amount of the applicant's highest bid. The attorney general may bring an action in a court of competent jurisdiction to recover the penalty specified in this subsection from the applicant.
36-6-102. Submission, custody and confidentiality of subsurface log reports.
(a) Contingent upon the leasing of any state or state school lands for coal, uranium or other mineral exploration, the board of land commissioners shall require copies of all electrical, gamma-ray neutron, resistivity or other types of subsurface log reports, and all assay reports for any rock cores or cuttings to be submitted to the office of the state geologist within ninety (90) days after completion of drilling and completion of associated reports. Reports submitted to the oil and gas conservation commission are deemed to satisfy the requirements of this subsection.
(b) All subsurface log reports and assay reports will be held confidential for a period of three (3) years after initial receipt by the state geologist. Confidentiality may be extended in one (1) year increments upon receipt by the state geologist of a written request by certified mail, return receipt requested, from the person or legal entity requesting that confidentiality be extended. All requests must be received prior to the expiration of the period of confidentiality. All reports filed under this section shall become the property of the state to be retained within the permanent files of the Wyoming geological survey board for the use of the office and public after the period of confidentiality has expired.
The issuance of all oil and gas leases upon any state or school lands heretofore issued by the board of land commissioners for primary terms up to ten (10) years and as long thereafter as oil or gas may be produced in paying quantities, and the granting of all extensions heretofore granted by the board of land commissioners of the terms of existing oil and gas leases upon any state or state school lands for as long after the primary term as oil or gas may be produced in paying quantities, are hereby ratified, confirmed, and validated. Each joinder by the board of land commissioners on behalf of the state of Wyoming in any cooperative or unit plan of development or operation of any oil or gas pool, and all modifications and changes in any of the terms or conditions of any oil or gas lease arising from any such joinder, or incident thereto, and all thereof, are hereby ratified, confirmed, and validated.
36-6-104. Payment for improvements; "improvements" defined.
If mineral lands upon which improvements have been made shall be sold or if such lands shall be leased to other than the owner of the improvements thereon, then such purchaser or such new lessee shall pay to the owner thereof the value of said improvements, at an agreed price with the owner thereof; or if such agreement cannot be reached, then at such price as shall be fixed by appraisement under the authority of the board of land commissioners. The word "improvements" shall be construed to mean surface improvements, machinery and other equipment used and necessary for the operation of the plant on such land, and work performed in the development of the property for operation and mining when such development work is of practical use in future mineral operations on such land. Wells drilled for oil which do not produce oil in commercial quantities, shafts, tunnels or drifts from which coal or other minerals have been practically exhausted, shall not be considered as improvements.
The state geologist or any state coal mine inspector shall, when requested by the board of land commissioners, visit and make a report upon any lands held under coal and mineral leases. Such report shall be made without any fee to the officer making same.
36-6-201. Authority to lease or otherwise contract.
The governing body of any county, city, town or school district authorized to acquire and hold real property, may, upon determining that such action will be in the best interests of such county, city, town or school district, lease any lands owned in fee by such county, city, town or school district, for the exploration for and development and production of oil, gas or other hydrocarbons, and otherwise contract for such exploration, development and production, upon such terms as such governing body may determine and as are not inconsistent with the provisions of this act; providing the exploration for, development and production of oil, gas or other hydrocarbons shall in no way interfere with the public use of said lands or the purpose for which said lands were acquired.
36-6-202. Power to modify or change leases or contracts.
Any such governing body may, by such lease or contract or by other agreement, include, or provide for the inclusion of, the lands of such county, city, town or school district, or any part or portion of such lands, with other lands in any plan or agreement for cooperative or unit development or operation for oil, gas or other hydrocarbons, and modify and change any and all terms of any lease or contract heretofore entered into or hereafter entered into under the provisions of this act, including the extension of the term of any such lease or contract for the full period of time such cooperative or unit plan or agreement may remain in effect, as required to conform the terms of any such lease or contract to such cooperative or unit plan or agreement.
36-6-203. Rules and regulations; requisites of leases or contracts.
(a) Any such governing body may, in its discretion, make and establish such rules and regulations governing the issuance of such leases and contracts as are not inconsistent with the provisions of this act. Any such lease or contract:
(i) Shall be entered into pursuant to resolution duly adopted by the governing body;
(ii) May cover parcels of land of such size and shape as the governing body may determine;
(iii) May be for a term not exceeding ten (10) years and as long thereafter as oil, gas or other hydrocarbons shall be, or can be, produced in commercial quantities from the lands included in such lease, except as such term may be extended pursuant to the provisions of W.S. 36-6-202; and
(iv) Shall reserve to the governing body a royalty of not less than one-eighth of all oil, gas or other hydrocarbons produced from said lands.
36-6-204. Existing leases, contracts and agreements validated.
Nothing in this act contained shall operate or be construed as in anywise limiting or affecting the power or authority of the governing body of any county, city, town, or school district, to have entered into any lease or contract for the exploration for the development and production of oil, gas or other hydrocarbons, or any agreement for cooperative or unit development or operation for oil, gas or other hydrocarbons, entered into by such governing body prior to the passage of this act, and all such leases, contracts and agreements previously entered into in substantial compliance with the above provision are hereby validated and confirmed.
(a) As used in this article:
(i) "Associated natural resource" means any substance, element or compound, either gaseous, liquid or solid, associated with the production, refining or processing of oil or gas. The term includes, but is not limited to, propane, butanes, ethane, methane, carbon dioxide, sulfur, helium, nitrogen and natural gas liquids;
(ii) "Natural gas" means hydrocarbons or nonhydrocarbons which at atmospheric conditions of temperature and pressure are in a gaseous phase;
(iii) "Oil" means crude petroleum and other hydrocarbons regardless of gravity which are produced at the wellhead in liquid form, and the liquid hydrocarbons known as distillate or condensate recovered or extracted from gas, other than gas produced in association with oil and commonly known as casinghead gas;
(iv) "Processing plant" means a plant to remove liquefiable hydrocarbons from a gas stream or to separate natural gas into physically or chemically distinct marketable associated natural resources;
(v) "Return on investment" means a percentage rate applied over a period of years to the equity investment for construction of transportation facilities or processing plants for oil, natural gas or associated natural resources. This percentage rate represents the rate a lessee or successor in interest supposedly could have received from investment of equity in some other commercial or financial undertaking. "Return on investment" also means a percentage of earnings or profitability ratio which a lessee, producer or successor in interest anticipates or desires to receive on the equity investment in transportation facilities or processing plant;
(vi) "Transportation facilities" means those facilities constructed for moving any oil, natural gas or associated natural resource from the place of production to the closest point of sale or to a processing plant.
36-6-302. "Return on investment" deduction not allowed for calculation of royalty.
(a) For state lease royalty and overriding royalty, other than royalty owing to the United States of America, calculations for oil, natural gas and associated natural resources, neither lessee nor any successor in interest will be allowed any deduction for any "return on investment cost."
(b) This article applies to all state leases of oil, natural gas or associated natural resources.
The state of Wyoming hereby accepts the conditions of § 4 of an act of congress entitled "An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30th, 1895, and for other purposes"; approved August 18th, A.D. 1894, together with all the grants of land to the state under the provisions of the aforesaid act, and conditions of Section 1 of an act of congress entitled, "An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30th, 1897, and for other purposes"; approved June 11th, 1896, and the conditions of an act of congress entitled, "An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30th, 1909, and for other purposes"; approved May 27th, 1908, providing for the granting of an additional million (1,000,000) acres of land to the state of Wyoming to be reclaimed as provided in the acts above mentioned, and all acts of congress and parts of acts of congress now or hereafter enacted by congress for the reclamation of desert lands within the state of Wyoming, together with all the grants of land to the state of Wyoming, and any and all interests therein, with all rights and privileges thereunder, under the provisions of the aforesaid acts or parts of acts.
36-7-102. Selection, management and disposal of lands.
The selection, management and disposal of said land shall be vested in the state board of land commissioners, as constituted by section 3 of article 18 of the constitution of the state of Wyoming. Said state board of land commissioners shall be hereinafter designated as "the board".