(a) Unless the context indicates otherwise, as used in this act:
(i) The term "board" shall mean the board of land commissioners;
(ii) The term "director" means the director of the office of state lands and investments;
(iii) The term "state" shall mean the state of Wyoming;
(iv) The terms "state lands", "land" or "lands" shall mean and include all lands under the jurisdiction of the board of land commissioners;
(v) The terms "school land" or "school lands" shall mean and include all lands granted to the state of Wyoming by the United States of America for the benefit and support of public schools, either directly or through exchange for other lands;
(vi) The term "institutional lands" shall mean state lands selected for the benefit of state institutions or any lands other than school lands;
(vii) The term "old lessee" means the person, firm, association or corporation in whose name the expiring lease appeared of record in the office of state lands and investments at the time of its expiration;
(viii) "This act" means W.S. 36-1-101 through 36-3-111, 36-5-101 through 36-7-510 and 36-9-101 through 36-9-121.
36-1-102. Recording and filing documents of title.
Every department, institution, board and commission of the state of Wyoming which now has or shall hereafter acquire an interest in real property, except leases, easements and rights-of-way for a term not exceeding three (3) years, shall record the document of title with the appropriate county clerk, unless previously recorded, and after recording, shall file the original document with the director excepting, however, easement and right-of-way conveyances previously obtained by the state department of transportation or state transportation commission. This section shall have no effect on existing recording statutes.
36-1-103. Computation of time after registered notice.
When the provisions of this act or the rules and regulations of the board require registered notice to be given, the time shall be reckoned from the date of delivery of such notice by the United States post office, or in the event of nondelivery thereof, from the date of the return thereof to the board by the United States post office.
Under the provisions of article 18 of the constitution of the state of Wyoming, the state of Wyoming hereby accepts the lands granted to it by the act of congress entitled "An act to provide for the admission of the state of Wyoming into the union, and for other purposes", approved July 10, 1890, for the purposes in the said act specified; and hereby accepts the grant of numbered school sections mineral in character as made by the act of congress entitled "An act confirming in states and territories title to lands granted by the United States of America in aid of common or public schools", approved January 25, 1927, subject to the provisions and conditions of the said act, and the said lands so granted by the United States of America to the state of Wyoming are hereby solemnly set apart to the purposes specified in the said acts.
36-1-105. Exchange of land granted by federal government.
Whenever, in the judgment of a majority of the members of the board, the interests of the state will be advanced by granting, conveying or deeding to the United States of America, any lands which have been heretofore granted, selected by, and patented to the state, then, in such case said board is hereby authorized and empowered to so grant, convey and deed to the United States of America, such lands. And the president of said board, and the director are authorized and empowered to execute and deliver all necessary instruments to complete such grant, or conveyance; provided, always, that no such lands shall be so granted, conveyed and deeded, unless the United States of America shall, and will permit and allow this state to select, and have patented to it, other lands in lieu of the lands so reconveyed to the United States of America subject to W.S. 36-1-111; provided, however, that the state shall not give both surface and mineral rights with any lands exchanged unless it receives the same from the federal government.
36-1-106. Exchange of state-owned and federal-owned lands.
The state of Wyoming, in accordance with the provisions of the Taylor Grazing Act and other acts of congress authorizing the exchange of federal-owned lands, is hereby authorized and empowered to exchange state-owned lands for federal-owned lands.
36-1-108. Pole Mountain district of Medicine Bow national
forest; history and relinquishment of legislative jurisdiction by federal government.
(a) By W.S. 19-7-301, the legislature of the state of Wyoming ceded exclusive jurisdiction to what was then known as Fort Francis E. Warren, now referred to as Warren Air Force Base and at the same time, exclusive jurisdiction was extended to future additions to such post. The Pole Mountain district of the Medicine Bow national forest was set aside for military purposes by Executive Order No. 4245, dated June 5, 1925, as amended by Public Land Order No. 1897, dated July 10, 1959. Use for military purposes terminated in accordance with Public Land Order No. 2446, dated July 20, 1961.
(b) By the act of August 27, 1964 (Public Law 88-494, 78 Stat. 611) the secretary of agriculture was authorized to relinquish to the state of Wyoming such measure of legislative jurisdiction as he deemed desirable over such lands. On December 24, 1964, Orville L. Freeman, secretary of the department of agriculture, United States of America, notified the governor of the state of Wyoming that the United States relinquishes and retrocedes to the state of Wyoming any and all legislative jurisdiction heretofore acquired by the United States over lands within the Medicine Bow national forest constituting the area known as the Pole Mountain district, created as above stated, to take effect upon acceptance of such jurisdiction by the state of Wyoming.
36-1-110. Authority of director to effect and complete exchanges.
The director is hereby authorized and empowered, subject to the approval of the state board of land commissioners, to effect and complete such exchange of state-owned lands for federal-owned lands; and also to effect and complete such exchange of state-owned lands for privately owned lands; and to do any and all things necessary or required to be done by the state of Wyoming in order to enable said state to comply with the provisions of said Taylor Grazing Act and other acts of congress authorizing the exchange of federal-owned lands, and any order, rule or regulation passed or promulgated in pursuance thereof; and to effect and complete the exchange of state-owned lands for privately-owned lands. The board of land commissioners may authorize the purchase of lands only in an amount necessary to effect and complete the exchange of state-owned lands for other lands and only for those lands identified in the authorization of purchase. The board shall not use the power of eminent domain pursuant to W.S. 1-26-801 et seq. to purchase any lands under this section.
36-1-111. Orders, rules and regulations relative to exchange of lands.
(a) The board of land commissioners is hereby authorized and empowered to pass and promulgate all such orders, rules and regulations as may be necessary or required relative to the appraisal and valuation of the lands to be exchanged as provided in this act, and to provide for the execution of conveyances, contracts and other instruments pertaining to the exchange of the lands, and to enable the director to effect and complete each exchange of the lands after the director provides notice and opportunity to interested persons to provide the board comments, including direct notice to leaseholders of the state lands to be exchanged, owners of adjoining lands and county commissioners from the affected county or counties. The board may authorize the purchase of lands only in an amount necessary to effect and complete the exchange of state-owned lands for other lands and only for those lands identified in the authorization of purchase. The board shall not use the power of eminent domain pursuant to W.S. 1-26-801 et seq. to purchase any lands under this section. The board of land commissioners is authorized to promulgate rules and regulations necessary to implement the exchange of state lands on a value for value basis. The exchange program may authorize a cash equalization receipt or payment of up to twenty-five percent (25%) of the value of the lands exchanged. Any receipt shall be deposited into, and any payment shall be made from, the permanent land fund. State lands may be exchanged upon the board's finding the exchange is necessary to:
(i) Make state lands more manageable where the lands are not otherwise manageable;
(ii) Meet a specific need of a school or community for land;
(iii) Better meet the multiple use objectives for the benefit of the trust; or
(iv) Realize a clear long term benefit to the trust which substantially exceeds the present and probable future benefit from continued ownership.
36-1-112. Cutting of timber by lessee of state lands prohibited; general penalty for violations; damages.
(a) The lessee of state lands shall in no case be allowed to cut or use more timber therefrom, than shall be necessary for the improvement of such lands, or for fuel for the use of the family of the lessee. The director may, in his discretion and subject to criteria established by the board, sell and dispose of timber located or growing on state lands, at not less than the reasonable market value thereof.
(b) Removal of forest products from state lands is permitted only under a valid contract or small sale permit. Any person who knowingly or with reckless disregard removes forest products from state lands without proper authorization is guilty of a misdemeanor and shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned for not more than six (6) months, or both. In addition to these penalties, a person removing forest products from state lands without proper authorization is liable for damages up to the amount of three (3) times the bid value of the most recent auction of similar species and product, or the appraised value whichever is greater, plus actual restoration and administrative costs.
36-1-114. Protection of prehistoric ruins; permits to excavate, regulations and violations.
Before any excavation on any prehistoric ruins, pictographs, hieroglyphics, or any other ancient markings, or writing or archaeological and paleontological deposits in the state of Wyoming on any state or federal lands, shall be undertaken, a permit shall first be obtained from the state board of land commissioners. The state board of land commissioners is hereby authorized to promulgate and enforce such regulations as it may deem needful to protect from vandalism or injury the prehistoric ruins, relics, archaeological and paleontological deposits of the state, as well as all natural bridges and natural scenic features and formations. Any violation of such regulations shall be a misdemeanor.
36-1-115. Protection of prehistoric ruins; consent to removal from state.
No person shall remove from the state of Wyoming any part of any such ruins or deposit except with the consent of the state board of land commissioners. Said board may require, as a condition to such consent, that such portion of such relics, materials, or deposit as said board shall require, shall forever remain the property of the state of Wyoming.
36-1-116. Protection of prehistoric ruins; penalty.
(a) Except as provided by subsections (d) and (e) of this section, any person violating any of the provisions of this act shall be guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00), or imprisoned in the county jail not more than six (6) months, or by both fine and imprisonment, and shall forfeit to the state all articles and materials discovered by or through his efforts.
(b) Persons holding permits or leases on state lands may not sublease or subcontract archeological or paleontological removal without prior written approval of the board.
(c) All state leases are subject to inspection by state or county law enforcement agencies or their designees for violation of W.S. 36-1-114 and 36-1-115.
(d) Any person who, for monetary gain or for commercial or any other purpose, removes any archeological or paleontological artifacts in violation of W.S. 36-1-114 or 36-1-115 with a cumulative value in excess of five hundred ($500.00), shall be guilty of a felony and upon conviction shall be fined up to ten thousand dollars ($10,000.00), imprisoned for up to ten (10) years, or both.
(e) Any person who breaks, breaks off, cracks, carves upon, writes, or otherwise marks upon or in any manner destroys, mutilates, injures, defaces, removes, displaces, mars or harms petroglyphs, pictographs or historic inscriptions without consent of the state board of land commissioners is guilty of a misdemeanor and shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned for not more than six (6) months, or both.
36-1-117. Sale or trade of state lands; hearing upon request of county commissioners.
No sale or trade of any state land including state land currently held by the state of Wyoming shall be made without a public hearing in the county in which the land is located if a hearing is requested by the county commissioners.
36-1-118. Sale of experimental farms and stations.
(a) The board of trustees of the University of Wyoming is authorized and empowered on behalf of the state to sell and to execute any document of title necessary to convey title to any agricultural experimental farm or station in Uinta county, in Laramie county and if in existence before January 1, 2003, in Goshen county, title to which is held in the name of the state of Wyoming, provided:
(i) The sale is made for adequate consideration and complies with all statutory requirements;
(ii) Proceeds of the sale shall be credited to the University of Wyoming.
36-1-119. Posting notice of restrictions to public lands; restrictions; penalties.
(a) No person shall post a notice on any public land or on a public road as defined by W.S. 24-1-133(b) restricting access to public lands unless the restriction has been approved by the governing body having jurisdiction over the public land.
(b) For purposes of this section "public land" means any land under the jurisdiction of the board of land commissioners or under the jurisdiction of any political subdivision of the state which the public is authorized to use without obtaining legal permission from a private landowner.
(c) The governing body or its authorized representative having jurisdiction over the public land shall issue a written demand to any person who unlawfully posts a notice in violation of subsection (a) of this section directing that the notice be removed within three (3) days following receipt of the notice. The demand shall be delivered in person by a peace officer or mailed by both first class mail and certified mail return receipt requested to the person's last known mailing address. Any person who knowingly posts an illegal notice or who fails to remove an illegal notice within three (3) days after receiving the demand from the governing body is guilty of a misdemeanor. If the person cannot be personally served because he deliberately made himself unavailable for service, or refused to accept delivery of the demand by certified mail, then he shall be guilty of a misdemeanor if he fails to remove the illegal notice within five (5) days after the demand was mailed to him by the governing body. Any person convicted of a misdemeanor under this section shall be punished by a fine up to six hundred dollars ($600.00) for each day the person fails to remove the illegal notice. For a second or subsequent offense, the penalty shall be a fine of not more than six hundred dollars ($600.00) per day, and up to six (6) months in jail, or both.
(d) It shall be a defense to any charge under this section, that severe weather or other circumstance not within control of the person charged prevented removal of the notice.
36-1-120. Posting of public access to state lands; signage.
(a) The office of state lands and investments shall supervise the placement of signs on state lands readily identifiable by the office, using trained volunteers. The signs shall indicate that the land is administered by the board of land commissioners.
(b) The signage shall be placed:
(i) On identifiable state land that has legal access;
(ii) To reasonably identify state land that is adjacent to, or contiguous with, private land and which is accessible to the public for hunting, fishing or recreation.
(c) The signage shall include notice that:
(i) Motorized vehicles shall be confined to established roads; and
(ii) Use of the state land is subject to board of land commissioners' rules.
(d) For purposes of this section, "state land" means any land under the jurisdiction of the board of land commissioners, which the public is authorized to use without obtaining legal permission from a private landowner.
(a) Except for any conservation easement received or accepted by the board before the effective date of this act, the board shall not accept or receive any conservation easement pursuant to W.S. 34-1-202.
(b) Except for any conservation easement received or accepted by the board before the effective date of this act, the board shall not be considered a "holder" pursuant to W.S. 34-1-201(b)(ii)(A). ARTICLES 2 - RESERVED ARTICLES 3 - RESERVED
(a) As used in this article:
(i) "Division" means the Wyoming state forestry division of the office of state lands and investments;
(ii) "Emergency fire" means a fire located in a rural area which is, or clearly threatens to be, beyond the fire control resources of the county responsible for suppression of the fire or the state if the fire is located on state lands;
(iii) "Emergency fire suppression account" or "account" means the account created by W.S. 36-1-402;
(iv) "Participating county" means a county which has entered into a contract with the division to participate in the emergency fire suppression account and has paid the assessments provided by W.S. 36-1-404.
36-1-402. Emergency fire suppression account; creation;
investment of funds; authorized expenditures; reversion of funds from division.
(a) There is created the emergency fire suppression account. The account shall include all legislative appropriations, all assessments paid into the account by participating counties and all income from investments of monies in the account. Appropriations to the account shall not lapse at the end of any fiscal period.
(b) The state treasurer shall invest any portion of the funds in the account which the state forester determines is not needed for immediate use. Investments shall be made as authorized by W.S. 9-4-715(a), (d) and (e).
(c) Upon written approval of the state forester, expenditures shall be made out of the account to participating counties and the division for the actual costs of suppressing emergency fires.
(d) If the state forester determines monies in the account may be insufficient to make reimbursement for the full cost of suppressing all emergency fires occurring or which may occur during the year, he may delay paying reimbursement to any entity until the close of the program year at which time available monies shall be prorated among those entitled to reimbursement at an amount less than one hundred percent (100%).
(e) Repealed by Laws 2017, ch. 87, § 1.
(f) Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207, general funds appropriated to the division which are unexpended and unobligated and which would otherwise lapse and revert pursuant to W.S. 9-4-207(a) at the end of a biennium shall revert to the emergency fire suppression account. This subsection shall not be construed to apply to any appropriation to a special revenue fund or revolving account within the division.
(a) The state forester shall:
(i) Administer the emergency fire suppression account;
(ii) Enter into contracts on behalf of the division with counties desiring to participate in the account;
(iii) Establish and collect assessments from participating counties in accordance with this article;
(iv) Adopt rules governing the administration of the emergency fire suppression account and to carry out the purposes of this article.
withdrawal from participation; forfeiture of assessments for failure to pay assessments.
(a) Counties desiring to participate in the emergency fire suppression account shall enter into a written contract with the state forester and shall pay the assessments provided for in this section.
(b) Each participating county shall pay an annual assessment to the account in an amount equal to:
(i) Four-tenths of a cent ($.004) per acre for each acre of private land in the county as determined by reference to the current equality state almanac published by the department of administration and information; plus
(ii) An amount equal to .00002 times the assessed valuation of the county.
(c) Participation in the account shall be on a fiscal year basis and annual assessments shall be paid on or before July 15 of each year in which the county elects to participate in the account.
(d) Repealed by Laws 2008, Ch. 8, § 2.
(e) Any county electing to participate in the account in any year may become a participating county by paying an initial assessment equal to the annual assessment computed for that county under subsection (b) of this section multiplied by three (3).
(f) Any county electing to withdraw from participation in the account or failing to pay the annual assessment when due shall forfeit all of its rights to the account and any assessments previously paid by that county shall remain in the account.
(a) As used in this article:
(i) "Division" means the Wyoming state forestry division of the office of state lands and investments;
(ii) "Good neighbor authority" means an agreement between the division, the bureau of land management and the United States forest service to allow the state to perform forestry services on bureau of land management and forest service lands as specified in the agreement;
(iii) "Wyoming state forestry good neighbor authority revolving account" or "account" means the account created by W.S. 36-1-502.
36-1-502. Wyoming state forestry good neighbor authority
revolving account; creation; investment of funds; authorized expenditures.
(a) There is created the Wyoming state forestry good neighbor authority revolving account. The account shall include all legislative appropriations, federal funds, county funds, partner funds, funds generated from good neighbor authority projects or other federally funded cooperative forest management projects, grants, gifts, transfers, bequests, donations and all income from investments of monies in the account. The state forester is specifically empowered to accept grants, gifts, transfers, bequests and donations for deposit in the account, including those which are limited in their purpose by the grantor except as provided in W.S. 36-1-503(a)(vi). If a contract is entered into pursuant to W.S. 36-1-503(a)(iii), funds in the account may be expanded on good neighbor authority projects prior to receipt of federal fund reimbursements. Funds deposited into the account are continuously appropriated to the state forester to be expended only as provided in this section. Unless otherwise specifically provided, appropriations to the account shall not lapse or revert at the end of any fiscal period.
(b) Upon written approval of the state forester, expenditures shall be made out of the account for good neighbor authority projects, other cooperative forest management projects or hiring additional employees under W.S. 36-1-503(b).
(a) The state forester shall:
(i) Administer the account;
(ii) Ensure that all funds generated from good neighbor authority projects or other federally funded cooperative forest management projects are deposited in the account;
(iii) Enter into contracts on behalf of the division for good neighbor authority projects or other federally funded cooperative forest management projects funded through the account;
(iv) Adopt rules governing the administration of the account and to carry out the purposes of this article;
(v) Have the authority to partner with one (1) or more counties on good neighbor authority projects or other cooperative forest management projects and disburse funds from the account for these purposes.
(b) The state forester may hire additional employees as necessary to conduct good neighbor authority projects or other federally funded cooperative forest management projects funded through the account. Employees hired under this subsection shall be funded using funds deposited in the account.
36-1-601. Forest health grant program; duties of state
forester; account created; eligible entities; attorney general approval.
(a) There is created the forest health grant program. The grant program shall be administered by the state forester, who shall establish the application process and any other requirements of the grant program not otherwise provided by this section.
(b) The state forester may only grant funds to nonprofit and governmental organizations for the purposes specified in this section.
(c) Except as otherwise provided in subsection (d) of this section, grants under the forest health grant program shall pay for not more than seventy-five percent (75%) of the cost of an eligible forest health project as specified in this subsection. Any other source of funds, cash or in-kind contributions may be used as matching funds to cover the remainder of a project's costs and the state forester may require that matching funds be obligated to pay for a portion of any project. Forest health projects eligible for grant funding under this section shall be conducted on state, federal government, local government or private land, shall be necessary in the public interest and shall be designed to accomplish one (1) or more of the following:
(i) Enhancement of water yield or quality;
(ii) Reduction of the risk of catastrophic wildfire damage;
(iii) Increased production of forest products;
(iv) Improvement of habitat conditions for wildlife and livestock;
(v) Any other project that is beneficial to forest health, that is substantially beneficial to the interest of the state and that has a public purpose as determined by the state forester.
(d) Any grant under the forest health program that is used on federal land shall not pay for more than fifty percent (50%) of the cost of an eligible forest health project as specified under subsection (c) of this section. Any other source of funds, cash or in-kind contributions may be used as matching funds to cover the remainder of a project's costs and the state forester may require that matching funds be obligated to pay for a portion of any project. If a forest health project is conducted through good neighbor authority, receipts collected through implementation of the project may be used as matching funds under this subsection.
(e) No forest health grant shall be made under this section without the attorney general's review and approval of the grant.
(f) There is created the forest health grant program account. The account shall consist of those funds designated to the account by law. Funds in the account shall be used for grants authorized to be made under this section. Any person may also grant, give, transfer, bequest or donate funds to the account. Funds in the account shall be invested as provided by law. Any funds remaining in the account at the end of any fiscal year shall not lapse or revert as provided by W.S. 9-4-207 but shall remain in the account and be used to implement the purposes of this section. Accrued interest and other earnings on unexpended funds within the forest health grant program account shall be credited to the account.
(g) The state forester shall annually report to the joint agriculture, state and public lands and water resources interim committee not later than September 1 on all grants awarded under this section including the amounts of the grants and the projects the grants were authorized to fund.
The governor, secretary of state, state treasurer, state auditor, and superintendent of public instruction, being constituted a "board of land commissioners" by the provisions of section 3, article 18, of the constitution of the state of Wyoming, shall as such board, have the direction, control, leasing, care and disposal of all lands heretofore or hereafter granted or acquired by the state for the benefit and support of public schools or for any other purpose whatsoever, subject to the limitations contained in the constitution of the state, and the laws enacted by the legislature. The board shall have the power and authority to take such official action as may be necessary in securing title to land grants, or any other lands acquired by the state. The board shall oversee the compensatory mitigation credit system established under W.S. 9-19-201 through 9-19-204 and shall promulgate rules and regulations in accordance with W.S. 9-19-201 through 9-19-204.
The governor shall be president of said board, but in his absence from any meeting, one (1) of the members may act as president pro tempore, and shall preside at such meeting. A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall have authority to prescribe the duties of all persons employed by it.
36-2-104. Meetings; rules, regulations and forms of procedure; records.
The board shall hold such regular and special meetings as it may prescribe and consider necessary for the proper transaction of the business before it. All meetings and transactions incident to the duties of the board, together with all protests, contests or other proceedings before it, shall be regulated by such reasonable rules, regulations and forms of procedure as may from time to time be prescribed by the board; and such rules, regulations and forms of procedure shall bear the same relation to proceedings pending before the board, and have the same legal force and effect, upon all parties to such proceedings, as the Code of Civil Procedure bears and has to civil actions and the parties thereto in the courts of this state. The board shall cause proper records of its meetings and other proceedings to be kept in suitable books, and shall preserve all important documents and papers pertaining to the lands of the state and business of the board. All votes taken to decide the board's final action on any matter shall be recorded.
36-2-107. Rules and regulations; general penalty for violations; enforcement.
(a) The board shall have the power and authority to promulgate and adopt rules and regulations not inconsistent with the laws of the state, as it may from time to time deem necessary in the direction, control, disposition and care of all state lands, and to preserve the value of the land and to recognize the fiduciary duties of the state land office. Rules adopted under this subsection shall provide that weed and pest control on all state lands be coordinated with and managed by the department of agriculture pursuant to the Wyoming Weed and Pest Control Act.
(b) Any person who knowingly violates any provision of this subsection is guilty of a misdemeanor and shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned for not more than six (6) months, or both. In addition, any person found guilty under this section may be ordered to pay restitution to the board for actual pecuniary damage resulting from the illegal actions of the person. Restitution may be excused if a court finds that the defendant has no ability to pay. In determining the amount of restitution under this subsection, the court shall consider, and include as a special finding, the reasonably foreseeable actual pecuniary damage that has or will result from the illegal activities of the defendant. Any restitution received under this subsection shall be deposited into an account designated by the board for use to restore the rights and property of the board. The acts prohibited under this subsection are:
(i) Damaging state lands under circumstances not a violation of W.S. 6-3-201;
(ii) Using a motor vehicle on state lands off an established road as defined by the board or on a road closed by the board;
(iii) Charging for or receiving payment for purposes of allowing persons to engage in hunting, fishing or any other recreational use of state lands, unless the payment is collected pursuant to a lease or temporary use permit issued by the state;
(iv) Building, maintaining, using or attending an open fire, campfire or charcoal grill on state land except in areas established by the board;
(v) Camping overnight on state land except in areas established by the board;
(vi) Violating any lawful order issued by the board pursuant to W.S. 36-2-101 to protect state lands and assets from resource damage; and
(vii) Violating any lawful order issued by the board closing state lands for the purpose of protecting public health and safety.
(c) Any peace officer as defined in W.S. 7-2-101 shall have the authority to enforce this section on state lands. Any game and fish department law enforcement personnel qualified pursuant to W.S. 9-1-701 through 9-1-707 shall have authority to enforce this section to the extent that there is no diminishment in federal funds provided for under W.S. 23-1-601 and 23-1-602.
(d) The provisions of subsection (b) of this section shall not apply to the actions of any person acting pursuant to the terms of a valid lease, authorization or permit issued by the board.
36-2-108. Appointment of state forester; qualifications; duties.
(a) The state board of land commissioners shall appoint a state forester who shall be the administrative head of the Wyoming state forestry division of the office of state lands and investments. The state forester shall serve at the pleasure of the board. The state forester shall have a bachelor's degree in forestry with not less than four (4) years experience in professional forestry work. The state forester shall, under the general supervision of the board, have direction of all forest interest and all matters pertaining to forestry within the jurisdiction of the state of Wyoming.
(b) The state forester shall:
(i) Take such action as may be deemed necessary by the state board of land commissioners to protect forest, range and other rural resources from fire. This responsibility shall in no way diminish the responsibility or authority of local fire protection districts;
(ii) Assist the county sheriff in the enforcement of all laws pertaining to the protection of forest and range lands from fire;
(iii) Collect data relative to forest conditions;
(iv) Prepare an annual report on the progress and condition of state forestry work;
(v) Recommend plans for improving the state system of forest protection, management and replacement;
(vi) Whenever it is deemed essential and to the best interest of the state, cooperate with counties, cities, towns, corporations, or individuals for the protection, management and planting of trees, woodlots and timber tracts;
(vii) Promote the development of the forest industry;
(viii) Cooperate with federal agencies and all political subdivisions of the state to fulfill the intent of this section;
(ix) Adopt rules as necessary to fulfill the duties described in this article;
(x) Appoint assistants and employees as are necessary in executing the duties of the division;
(xi) Maintain wildland and forestry fire control programs including, but not limited to:
(A) Fire management, coordination and reimbursement for all lands owned and managed by the state of Wyoming and its agencies;
(B) Fire management assistance within the state of Wyoming;
(C) Pre-position suppression equipment, personnel and other resources during periods of high wildfire risk;
(D) Support for local fire jurisdiction training programs;
(E) Establishing standards and regulations for privately contracted private wildland fire resources operating in Wyoming. As used in this subparagraph, "privately contracted private wildland fire resources" includes services retained by insurers for prevention and suppression activities on insured properties.
There is created the fire protection revolving account. Funds received by the state forester from local and county fire service entities and other payments received by the state forester for billable fire expenses shall be deposited into the account. Funds deposited into the account are continuously appropriated to the state forester to be expended only for costs related to fire protection activities and services, the purchase of wildland fire equipment, parts for federal excess property, supplies and to provide repairs for county and local fire service entities. As used in this section, "billable fire expenses" means any payment received from a federal, state or local entity for fire protection services or other related activities.
36-2-110. Interstate compact for the prevention and control of forest fires.
The interstate compact for the prevention and control of forest fires as contained herein is hereby enacted into law and entered into on behalf of this state with any and all other states legally joining therein in a form substantially as follows: INTERSTATE COMPACT FOR THE PREVENTION AND CONTROL OF FOREST FIRES Purpose The purpose of this compact is to promote effective prevention and control of forest fires in the great plains region of the United States by the maintenance of adequate forest firefighting services by the member states, and providing for reciprocal aid in fighting forest fires among the compacting states of the region, including South Dakota, North Dakota, Wyoming, Colorado and any adjoining state of a current member. Operative Date This compact is operative immediately as to those states ratifying it if any two (2) or more of the member states have ratified it. State Compact Administrator; Forest Fire Plan
(a) In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control may act as compact administrator for that state, consult with like officials of the other member states, and implement cooperation between the states in forest fire prevention and control. The compact administrators of the member states may organize to coordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact.
(b) Each member state may formulate and put in effect a forest fire plan for that state. Aid to Other Member States If the state forest fire control agency of a member state requests aid from the state forest fire control agency of another state in combating, controlling, or preventing forest fires, the state forest fire control agency of that state may render all possible aid to the requesting agency, consonant with the maintenance of protection at home. Privileges; Liability; Claims and Reimbursement
(a) If the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of the state shall, under the directions of the officers of the state to which they are rendering aid, have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid.
(b) No member state or its officers or employees rendering outside aid pursuant to this compact is liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection with rendering outside aid.
(c) All liability, except as otherwise provided in this compact, that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.
(d) Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving the aid for any loss or damage to, or expense incurred in the operation of, any equipment used in answering a request for aid, and for the cost of all materials, transportation, wages, salaries and maintenance of employees and equipment incurred in connection with the request. However, nothing in this compact prevents any assisting member state from assuming the loss, damage, expense, or other cost, from loaning the equipment, or from donating the services to the receiving member state without charge or cost.
(e) Each member state shall assure that workers compensation benefits in conformity with the minimum legal requirements of the state are available to all employees and contract firefighters sent to a requesting state pursuant to this compact.
(f) For the purposes of this compact, the term "employee" includes any volunteer or auxiliary legally included within the forest firefighting forces of the aiding state under the laws of the aiding state.
(g) The compact administrators may formulate procedures for claims and reimbursement under the provisions of this article in accordance with the laws of the member state. Effect of Compact on Existing Statutes; Duties
(a) Ratification of this compact does not affect any existing statute so as to authorize or permit curtailment or diminution of the forest firefighting forces, equipment, services or facilities of any member state.
(b) Nothing in this compact authorizes or permits any member state to curtail or diminish its firefighting forces, equipment, services or facilities. Each member state shall maintain adequate forest firefighting forces and equipment to meet the demands for forest fire protection within its borders in the same manner and to the same extent as if the compact were not operative.
(c) Nothing in this compact limits or restricts the powers of any state ratifying the compact to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in the prevention, control and extinguishment of forest fires in the state.
(d) Nothing in this compact affects any existing or future cooperative relationship or arrangement between the United States forest service and a member state or states. Representatives of the United States Forest Service Representatives of the United States forest service may attend meetings of the compact administrators. Operation of Articles IV and V The provisions of Articles IV and V of this compact that relate to reciprocal aid in combating, controlling or preventing forest fires are operative as between any state party to this compact and any other state which is party to this compact in another region if the legislature of the other state has given its assent to the mutual aid provisions of this compact. Withdrawal from Compact This compact shall continue in force and remain binding on each state ratifying it until the legislature or the governor of the state takes action to withdraw from the compact. Such action is not effective until six (6) months after notice of the withdrawal has been sent by the chief executive of the state desiring to withdraw to the chief executive of all states then party to the compact.
36-2-201. Questions may be reserved to district court.
Whenever an important or difficult matter of law or fact is to be decided in a contest or other proceeding pending before the board of land commissioners, or whenever in the judgment of the members of said board any of its members are for any reason disqualified from considering and deciding the questions or issues involved in any contest or other proceeding before such board, then and in that event, the board of land commissioners may on the motion of either party interested, or upon its own motion, cause the said contest or other proceeding to be reserved and sent to the district court for the county in which the land in controversy is situated.