reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 3 - ELECTRONIC TRANSACTIONS SECURITY › Section 3-2 - State Agency and Employee Responsibilities

Current through July 13, 2024
(a) State agencies
				shall protect information against unauthorized access, disclosure, modification
				or destruction, whether accidental or deliberate, as well as assure the
				availability, integrity, utility, authenticity, and confidentiality of
				information for the entire lifecycle of that information. Data shall be
				encrypted where appropriate using industry accepted encryption practices.
				Access to State information resources must be appropriately managed.
(b) All State agencies are required to have
				information resources security practices consistent with these rules, including
				adequate controls and separation of duties for tasks that are susceptible to
				fraudulent or other unauthorized activity. The agency head is responsible for
				the protection of information resources.
(c) All State agency employees are
				accountable for their actions relating to information resources. Information
				resources shall be used only for intended purposes as defined by the agency and
				consistent with applicable laws.
(d) Risks to information resources must be
				managed. The expense of security safeguards must be commensurate with the value
				of the assets being protected.
(e)
				The integrity of data, its source, its destination, and the processes applied
				to it must be assured. Changes to data must be made only in an authorized and
				documented manner.
(f) Information
				resources must be available when needed. Continuity of information resources
				supporting critical governmental services must be ensured in the event of a
				disaster or business disruption.
(g) Security requirements shall be
				identified, documented, and addressed in all phases of development or
				acquisition of information resources.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 4 - ELECTRONIC TRANSACTIONS ELECTRONIC SIGNATURES › Section 4-1 - General Information

Current through July 13, 2024
(a) In accordance
				with W.S. 40-21-118(b)(ii), this
				chapter applies to the electronic communications or transactions conducted with
				a State agency, for which a method of signing is required, where:
(i) a user or signer must be verified or
				signature authenticated; and
(ii)
				requires a capture of intent for legal purposes.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 4 - ELECTRONIC TRANSACTIONS ELECTRONIC SIGNATURES › Section 4-2 - State Agency and Employee Responsibilities

Current through July 13, 2024
(a) The agency is
				responsible for establishing adequate guidelines and procedures for the
				management and administration of technologies that are consistent with the
				risks and consequences associated with the compromise of the information or
				transaction in accordance with state policies and standards. An electronic
				signature:
(i) should be unique to the signer
				within the context in which it is used;
(ii) should be used to objectively identify
				the person signing and transmitting the electronic record;
(iii) should provide reasonable assurance the
				electronic signature created by such identified person cannot be readily
				duplicated or compromised; and
(iv)
				should be linked to the electronic record to which it relates, in a manner such
				that if the record or the signature is intentionally or unintentionally changed
				after signing the electronic signature is invalidated.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 4 - ELECTRONIC TRANSACTIONS ELECTRONIC SIGNATURES › Section 4-3 - Policies

Current through July 13, 2024
The Chief Information Officer may issue written policy
				  statements relating to the interpretation or application of this chapter, to
				  include electronic signature authentication procedures, attribution of
				  signatures, electronic signatures technologies, transaction record
				  authentication procedures, and supporting procedures as fit to ensure proper
				  management of this service and technology. Agency heads shall ensure
				  dissemination of, and compliance with, such policy statements.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 4 - ELECTRONIC TRANSACTIONS ELECTRONIC SIGNATURES › Section 4-4 - Electronic Signatures Technologies

Current through July 13, 2024
The technology or technologies selected by an agency for use
				  of electronic signatures may change over time. Existing technologies shall be
				  implemented in a manner consistent with the requirements of these rules. The
				  types of technologies acceptable for use for electronic signatures
				  include:
(a) Non-Cryptographic
				technology that employs the use of passwords, personal identification numbers
				(PIN), smart card or similar technology.
(i)
				The agency is responsible for establishing adequate guidelines and procedures
				for the management and administration of non-cryptographic technologies that
				are consistent with the risks and consequences associated with the compromise
				of the information or transaction.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 4 - ELECTRONIC TRANSACTIONS ELECTRONIC SIGNATURES › Section 4-5 - Transaction Record Authentication Procedures

Current through July 13, 2024
For purposes of this chapter an acceptable transaction record
				  authentication procedure is one that demonstrates, in a trustworthy manner,
				  that the transaction record data:
(a)
				Is maintained in such a manner that the original data can be verified
				throughout the lifecycle of the record;
(b) Provides reasonable assurance the
				transaction record data cannot be readily compromised;
(c) Is linked to the electronic signature to
				which it relates, in a manner such that if the original transaction record data
				or the signature is intentionally or unintentionally changed after signing the
				transaction record is invalidated.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 5 - ELECTRONIC RECORDS ELECTRONIC TRANSACTIONS › Section 5-1 - General Information

Current through July 13, 2024
State agencies shall assess the impact of agency operations
				  prior to initiating electronic procedures and records. The assessment includes
				  but is not limited to examining electronic procedures for receipt, storage or
				  transmission of agency information.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 5 - ELECTRONIC RECORDS ELECTRONIC TRANSACTIONS › Section 5-2 - Assessment of Impact of Acceptance of Electronic Records

Current through July 13, 2024
State agencies shall perform an assessment of the benefits,
				  level of effort, and risks that are associated with various categories of
				  records that may be accepted in electronic form. In addition, a State agency
				  shall review and consider any applicable guidelines and recommendations that
				  have been adopted by the ETS in determining whether and to what extent the
				  State agency shall accept electronic records.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 5 - ELECTRONIC RECORDS ELECTRONIC TRANSACTIONS › Section 5-3 - Integrity of Electronic Records

Current through July 13, 2024
(a) An agency shall
				adopt procedures where necessary to provide safeguards to protect the
				reliability, authenticity, integrity, and usability of those records.
(b) To accept, create, and store an
				electronic record, a State agency must ensure the integrity of the information
				from the time it is first received and accepted, throughout the entire life
				cycle of the record. The criteria for assessing integrity shall be whether the
				information has remained complete and unaltered, apart from the addition of any
				endorsement or other information that arises in the normal course of
				communication, storage and display. The standard of reliability required to
				ensure that information has remained complete and unaltered should be
				consistent with the risks and consequences associated with the compromise of
				the information or transaction.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 5 - ELECTRONIC RECORDS ELECTRONIC TRANSACTIONS › Section 5-4 - Retention of Electronic Records

Current through July 13, 2024
State agencies shall comply with all statutes and rules
				  relating to public records.
(a) For
				public records created and/or stored exclusively in electronic format, a State
				agency shall:
(i) Maintain those records so
				they are accessible, accurate, authentic, reliable, legible, and readable
				throughout the record life cycle.
(ii) Document policies, assign
				responsibilities, and develop appropriate formal mechanisms for creating and
				maintaining those records throughout the record life cycle, including
				documentation of hardware and software technologies.
(iii) Prescribe a procedure for converting
				information transmitted electronically to paper and certifying the paper copy
				for persons requiring paper copies.
(iv) Maintain confidentiality or restricted
				access of those records, including limiting access only to those persons
				authorized by law, administrative rule or established agency policy.
(v) Use information systems that accurately
				reproduce those records.
(vi)
				Document authorization for the creation and modification of those records and,
				where required, ensure that only authorized persons create or modify those
				records.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 6 - ELECTRONIC TRANSACTIONS INTEROPERABILITY › Section 6-1 - Authority

Current through July 13, 2024
The Department of Enterprise Technology Services in adopting
				  standards may encourage and promote consistency and interoperability with
				  similar requirements adopted by other governmental agencies of this and other
				  states and the federal government and nongovernmental persons interacting with
				  governmental agencies of this state. If appropriate, those standards may
				  specify differing levels of standards from which governmental agencies of this
				  state may choose in implementing the most appropriate standard for a particular
				  application.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 7 - ELECTRONIC TRANSACTIONS COUNTY CLERK PROVISIONS › Section 7-2 - Definitions

Current through July 13, 2024
(a) In addition
				to the definitions in W.S. §
									
										34-1-402, the following definitions apply:
(i) "Readable" means the quality of a group
				of letters, numbers or symbols is recognized as words, complete numbers or
				distinct symbols with a specific meaning.
(ii) "Reliable" means the electronic record
				copy produced correctly reflects the initial record each time the system is
				requested to produce that record copy.
(iii) "Structure" means the appearance or
				arrangement of the information in the record. "Structure" can include, but is
				not limited to, such elements as heading, body and form.
(iv) "Digital Signature" means the result of
				cryptographic transformation of data that, when properly implemented, provides
				a mechanism for verifying origin authentication, data integrity and signatory
				non-repudiation.
(v) "Availability"
				means assurance that the systems responsible for delivering, storing, and
				processing information are accessible when needed, by those who need
				them.
(vi) "Confidentiality" means
				assurance that the information is shared only among authorized persons or
				organizations.
(vii) "Integrity"
				means assurance that the information is authentic and complete. Ensuring that
				information can be relied upon to be sufficiently accurate for its
				purpose.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 7 - ELECTRONIC TRANSACTIONS COUNTY CLERK PROVISIONS › Section 7-3 - Security

Current through July 13, 2024
(a) A county
				clerk shall develop security standards and policies based on industry accepted
				security practices and protocols.
(b) An electronic record can be considered
				secure from a specified point in time to the point of verification if it can be
				shown that the record has not been altered during that time.
(c) Security procedures shall be:
(i) Commercially reasonable under the
				circumstances;
(ii) Applied in a
				trustworthy manner;
(iii)
				Reasonably and in good faith relied upon by the party utilizing the
				procedure;
(iv) Capable of
				providing reliable evidence that an electronic record has not been altered;
				and
(v) Consistent with the risks
				and consequences associated with the compromise of the information or
				transaction.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 7 - ELECTRONIC TRANSACTIONS COUNTY CLERK PROVISIONS › Section 7-4 - Integrity

Current through July 13, 2024
(a) A county
				clerk shall adopt procedures where necessary to provide safeguards to protect
				the reliability, authenticity, integrity and usability of those
				records.
(b) To receive, index,
				store, archive and transmit an electronic record, a county clerk must ensure
				the integrity of the information from the time it is first received and
				accepted, throughout the entire lifecycle of the record. The criteria for
				assessing integrity shall be whether the information has remained complete and
				unaltered, apart from the addition of any endorsement or other information that
				arises in the normal course of communication, storage and display. The standard
				of reliability required to ensure that information has remained complete and
				unaltered should be consistent with the risks and consequences associated with
				the compromise of the information or transaction.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 7 - ELECTRONIC TRANSACTIONS COUNTY CLERK PROVISIONS › Section 7-5 - Technology

Current through July 13, 2024
(a) Electronic
				records systems require hardware (equipment) and software (computer programs)
				to retrieve and translate information into a human readable format. Because the
				storage medium is not permanent, and because hardware and software evolve
				regularly, county clerks must select an appropriate system based on specific
				information/operational needs and operate it in a manner that allows retention
				and retrieval of information from the system over time as hardware and software
				change, technology enhancements evolve, and storage media physically
				deteriorate.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 7 - ELECTRONIC TRANSACTIONS COUNTY CLERK PROVISIONS › Section 7-6 - Electronic Payment of Fees

Current through July 13, 2024
(a) Electronic
				payment of fees shall be collected as prescribed by state and local statutes
				and in accordance with accepted industry standards without incurring
				unreasonable electronic processing fees.
(b) Electronic payment of fees shall be
				collected according to statute and in a manner consistent with the promotion of
				electronic recording, and in accordance with accepted industry standards. Each
				county clerk may collect electronic recording fees in a manner compatible with
				its internal software and county financial practices.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 8 - PROCEDURES, FEES, COSTS AND CHARGES FOR INSPECTING, COPYING AND PRODUCING PUBLIC RECORDS › Section 8-1 - Authority

Current through July 13, 2024
(a) The
						Department of Enterprise Technology Services (ETS) is required under W.S. 16-3-103(j)(ii) to adopt the Department of Administration and Information's
						uniform rules pertaining to procedures, fees, costs, and charges for
						inspecting, copying, and producing public records.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 8 - PROCEDURES, FEES, COSTS AND CHARGES FOR INSPECTING, COPYING AND PRODUCING PUBLIC RECORDS › Section 8-2 - Adoption of Uniform Rules

Current through July 13, 2024
(a) The
						Department of Enterprise Technology Services hereby incorporates by reference
						the following uniform rules:
(i) Chapter 2 -
						Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and
						Producing Public Records adopted by the Department of Administration and
						Information and effective on September 6, 2016.
(ii) For these rules incorporated by
						reference:
(A) The Department of Enterprise
						Technology has determined that incorporation of the full text in these rules
						would be cumbersome or inefficient given the length or nature of the
						rules;
(B) The incorporation by
						reference does not include any later amendments or editions of the incorporated
						matter beyond the applicable date identified in subsection (a) of this section;
						and
(C) The incorporated rules are
						maintained at the Department of Enterprise Technology Service's office and are
						available for public inspection and copying at the same location.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 1 - AUTHORITIES, DEFINITIONS AND GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
These rules and regulations are adopted by the Governor
				  pursuant to the authority provided by
				  W.S.
				  35-11-1207(a) (West
				  2007).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 1 - AUTHORITIES, DEFINITIONS AND GENERAL PROVISIONS › Section 1-2 - Definitions (applicable to AML Division)

Current through July 13, 2024
(a) "Adversely
				affected" means a harmful or unfavorable impact that can be directly connected
				to mining or mining practices.
(b)
				"Appraisal" means an appraisal which meets the quality of practices found in
				the handbook on "Uniform Appraisal Standards for Federal Land Acquisitions"
				(Interagency Land Acquisition Conference 2000).
(c) "Certified In Lieu Funds" means:
(i) Those moneys distributed to the state by
				the Office of Surface Mining from the general funds of the United States
				Treasury in lieu of moneys allocated to the state share of the Fund from AML
				fees collected after October 1 2007.
(ii) Certified In Lieu Funds are separate and
				distinct from the Prior Balance Replacement Funds that are distributed by the
				Office of Surface Mining from the balance owed the state from AML fees
				collected prior to October 1, 2007 but were not appropriated by Congress to be
				returned to the state.
(iii)
				Certified In Lieu Funds are not restricted in their use but priority shall be
				given to the eligible reclamation and remediation categories listed in Chapter
				5 with eligible coal sites given priority over other projects.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 1 - AUTHORITIES, DEFINITIONS AND GENERAL PROVISIONS › Section 1-3 - Definitions applicable to the Mine Subsidence Insurance Program

Current through July 13, 2024
In addition to the definitions contained in
				  W.S.
				  35-11-1301 (West 2007) the following
				  definitions apply to the program:
(a)
				"Aggregate" means the total amount of funds available in the Mine Subsidence
				Insurance Program at any given time to pay for claims of which the Mine
				Subsidence Insurance Program has been notified and which are in the process of
				settlement.
(b) "Fair market" value
				means a value as determined by either the local tax assessor, an appraisal by a
				licensed appraiser, or a market analysis by a licensed realtor.
(c) "Fixture" means sidewalks, driveways,
				utilities and other physical improvements permanently affixed to the realty
				which enhance use and enjoyment of the realty which are either owned by or the
				responsibility of the insured, excluding land, trees, plants and
				crops.
(d) "Known subsidence areas"
				means lands beneath which m1rung has occurred and such mining has been
				documented in public records, or where there is physical evidence of
				subsidence.
(e) "Loss" means
				physical damage to a structure or the adverse effect to the utility of a
				structure as defined by
				W.S.
				35-11-1301(a)(iii) (West
				2007).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 1 - AUTHORITIES, DEFINITIONS AND GENERAL PROVISIONS › Section 1-4 - General Provisions

Current through July 13, 2024
AML will:
(a) Make
				all determinations and findings which are required under the program in
				writing.
(b) When conducting mine
				subsidence mitigation:
(i) Coordinate
				activities with the Mine Subsidence Insurance Program and offer insurance to
				those properties identified under Chapter 7, Section
				3 for the duration of the project in
				accordance with that Chapter. Failure of the property owner to accept the
				insurance will make them ineligible for consideration for repairs if in the
				event damage from subsidence occurs;
(ii) Undertake all reasonable and necessary
				steps to reclaim the land including single family lots; and
(iii) Repair any improvements to the land
				that AML has to remove or otherwise impact in the process of reclaiming and/or
				mitigating the subsidence. This provision is restricted to repairs to the
				improvements on the land that is being mitigated for subsidence.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 1 - AUTHORITIES, DEFINITIONS AND GENERAL PROVISIONS › Section 1-5 - Public Records

Current through July 13, 2024
(a) These rules
				incorporate by reference the following rules and regulations, in effect as of
				September 6, 2016:
(i) Wyoming Department of
				Administration and Information, Director's Office, Chapter 2, Uniform
				Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing
				Public Records, available at
https://rules.wyo.gov
.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 2 - RIGHTS OF ENTRY FOR STUDIES, EXPLORATION, OR RECLAMATION › Section 2-1 - General

Current through July 13, 2024
(a) All reasonable action shall be taken to
				obtain advance written consent, in the form required by the administrator, from
				the owner of record or lessee occupying the land, or their authorized agents,
				of the land or property to be entered.
(b) Written notice of the intent to enter
				shall be given at least 30 days before entry. The notice shall be mailed,
				return receipt requested, to the owner, if known, and shall include a statement
				of the reasons why entry is required by
				W.S.
				35-11-1204(a) (West 2007).
				For studies or exploratory work, these reasons shall include the need to
				determine the existence of adverse effects of past mining practices and to
				determine the feasibility of reclamation. If the owner, or his current mailing
				address is not known, the notice shall be posted in one or more readily visible
				places on the property to be entered, and advertised once in a local
				newspaper.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 2 - RIGHTS OF ENTRY FOR STUDIES, EXPLORATION, OR RECLAMATION › Section 2-2 - Entry Without Consent

Current through July 13, 2024
(a) The Director or
				his designated authorized representative shall have the right to enter without
				consent where:
(i) Following due care and
				deliberation, the Director has exhausted all reasonable possibilities of
				obtaining written consent pursuant to the notice requirements of Section
				1(b) above; or
(ii) Entry is required to investigate
				reported emergency conditions. All reasonable action consistent with the
				emergency shall be taken to notify the owner and obtain consent prior to the
				entry. Written notice pursuant to Section
				1(b) above shall be given
				as soon after entry as practical.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 2 - RIGHTS OF ENTRY FOR STUDIES, EXPLORATION, OR RECLAMATION › Section 2-3 - Certification of Completion, Recording

Current through July 13, 2024
The Director, upon completion of the reclamation work, shall
				  execute and file with the county clerk and landowner a Certificate of
				  Completion. The Certificate filed with the county clerk shall be for purposes
				  of recordation. The Certificate shall include a brief factual summary of the
				  reclamation work completed, a reference to the location of the complete file,
				  the location of the lands reclaimed, and evidence showing that it was duly
				  approved and executed by the Director.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 3 - LAND ACQUISITION, MANAGEMENT, AND DISPOSAL › Section 3-1 - Procedures for Acquisition

Current through July 13, 2024
(a) The State shall
				acquire only such interests under
				W.S.
				35-11-1205 (West 2007) as are necessary for
				the reclamation work or the post-reclamation use of the land.
(b) Interests in improvements on the land,
				mineral rights, or associated water rights may be acquired if:
(i) Necessary and;
(ii) If adequate written assurances cannot be
				obtained from the owner of the severed interest that the future use thereof
				will not be in conflict with the reclamation work.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 3 - LAND ACQUISITION, MANAGEMENT, AND DISPOSAL › Section 3-2 - Acceptance of gifts of land

Current through July 13, 2024
(a) The State may
				accept donations of title to land or interest in land that is necessary for
				reclamation and consistent with the program. Offers to make such a gift
				include:
(i) A statement of the interest
				which is being offered;
(ii) A
				legal description of the land and a description of any improvements on
				it;
(iii) A description of any
				limitations on the title or conditions as to the use or disposition of the land
				existing or to be imposed by the donor;
(iv) A statement that:
(A) The offeror is the record owner of the
				interest being offered;
(B) The
				interest offered is free and clear of all encumbrances except as clearly stated
				in the offer;
(C) There are no
				adverse claims against the interest offered;
(D) There are no unredeemed tax deeds
				outstanding against the interest offered; and
(E) There is no continuing responsibility by
				the operator under State or Federal statutory law for reclamation.
(v) An itemization of any unpaid
				taxes or assessments levied, assessed or due which could operate as a lien on
				the interest offered.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 3 - LAND ACQUISITION, MANAGEMENT, AND DISPOSAL › Section 3-3 - Management of Acquired Lands

Current through July 13, 2024
(a) Land acquired
				under this Chapter may be used pending disposition for any lawful purpose that
				is not inconsistent with the reclamation activities and post-reclamation uses
				for which the land was acquired.
(b) Unless waived in writing by the Governor
				based on the public interest, any user of acquired land shall be charged a user
				fee reflecting the fair market value of the benefits received by the user, or
				the costs to the State for providing the benefit, whichever is appropriate.
				Such fees shall be deposited in the account established by
				W.S.
				35-11-1203 (West 2007).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 3 - LAND ACQUISITION, MANAGEMENT, AND DISPOSAL › Section 3-4 - Disposition of Reclaimed Lands

Current through July 13, 2024
(a) Prior to the
				disposition of any acquired land, the Director shall:
(i) Publish a notice in a local newspaper
				describing the proposed disposition for a minimum of 4 successive weeks. The
				notice shall provide at least 30 days for public comment, state where copies of
				the plan for disposition may be reviewed or obtained, specify the address for
				submission of comments, and state that a public hearing will be held if
				requested or appropriate.
(ii)
				Publish notice of the time and place for any public hearing in a local
				newspaper at least 30 days before the hearing. All comments received at the
				hearing shall be recorded.
(iii)
				Make a written recommendation to the Governor that the proposed disposition is
				appropriate or not, after considering all comments received and any local,
				State or Federal lava's or regulations which apply. This recommendation shall
				not constitute a final decision until approved by the Governor.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 4 - LIENS FOR RECLAMATION ON PRIVATE LANDS › Section 4-1 - Appraisals

Current through July 13, 2024
(a) In order to determine whether property
				value has increased from reclamation work, the Director shall obtain an
				appraisal from an independent professional appraiser before any reclamation
				activities are started, which states the fair market value of the land as
				adversely affected by past mining. If work must start because of an emergency,
				the appraisal shall be completed at the earliest practical time and before
				nonemergency work is commenced
(b)
				Where reclamation work will require more that 6 months to complete, the final
				appraisal shall not be started until actual completion of all reclamation
				activities. This appraisal shall state the market value of the land as
				reclaimed.
(c) The landowner is to
				be provided with a statement of the increase in market value (excluding
				increases due to normal appreciation which do not result from reclamation), an
				itemized statement of reclamation expenses, and a notice that a lien will or
				will not be filed in accordance with Section
				2.
(d) The program may use abbreviated appraisal
				procedures or rely on existing and current independent appraisal information
				where liens will not apply or where they are waived under Section
				2.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 4 - LIENS FOR RECLAMATION ON PRIVATE LANDS › Section 4-2 - Liens

Current through July 13, 2024
(a) Unless waived under (b) below, or
				prohibited by
				W.S.
				35-11-1206 (West 2009), the Director shall
				file a lien against the land if the reclamation results in a substantial
				increase in the land's fair market value based on the appraisals obtained under
				Section
				1.
(b) The Governor may waive the lien if all
				costs of filing it exceed the fair market value increase, or if the reclamation
				work primarily benefits health, safety or environmental values of the greater
				community or area in which the land is located. In addition, the lien may be
				waived if reclamation is necessitated by an unforeseen occurrence and the
				reclamation work will not result in a significant increase in the land's fair
				market value.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 4 - LIENS FOR RECLAMATION ON PRIVATE LANDS › Section 4-3 - Satisfaction of Liens

Current through July 13, 2024
(a) A lien placed
				on private property shall be satisfied, to the extent of the value of the
				consideration received, at the time of transfer of ownership. Any insatisfied
				portion shall remain as a lien on the property.
(b) The State shall maintain or renew the
				lien as required by law. All money received from the satisfaction of liens
				shall be deposited in the account established by
				W.S.
				35-11-1203 (West 2007).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 5 - ELIGIBILITY AND PRIORITY OF RECLAMATION PROJECTS › Section 5-1 - General

Current through July 13, 2024
This Chapter establishes criteria for determining eligible
				  coal and noncoal projects and for prioritizing eligible projects for funding.
				  Eligible projects shall be ranked for funding in accordance with the
				  requirements established under this Chapter and
				  W.S.
				  35-11-1202 (West 2007).
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 5 - ELIGIBILITY AND PRIORITY OF RECLAMATION PROJECTS › Section 5-2 - Eligible coal lands and waters

Current through July 13, 2024
(a) Lands and water
				eligible for reclamation are those which were adversely affected by coal mining
				and processing practices prior to August 3, 1977; and
(b) The lands and waters were left in an
				unreclaimed or inadequate state of reclamation for which there is no continuing
				reclamation responsibility under state or federal law or as a result of bond
				forfeiture where the forfeited bond is insufficient to pay the total cost of
				reclamation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 5 - ELIGIBILITY AND PRIORITY OF RECLAMATION PROJECTS › Section 5-3 - Eligible noncoal lands and waters

Current through July 13, 2024
(a) Lands and
				waters eligible for reclamation are those which were adversely affected by
				mineral mining and processing practices prior to August 3, 1977; and
(b) The lands and waters were left in an
				unreclaimed or inadequate state of reclamation for which there is no continuing
				reclamation responsibility under state or federal law or as a result of bond
				forfeiture where the forfeited bond is insufficient to pay the total cost of
				reclamation.
(c) In determining
				eligibility under subsection (a), lands and waters affected by mineral mining
				and processing practices and under the jurisdiction of the Forest Service shall
				utilize the effective date of August 28, 1974, whereas lands and waters under
				the jurisdiction of the Bureau of Land Management shall utilize the effective
				date of November 26, 1980.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 5 - ELIGIBILITY AND PRIORITY OF RECLAMATION PROJECTS › Section 5-4 - Prioritization of reclamation projects

Current through July 13, 2024
The following priority shall be used to determine the
				  expenditure of AML funds:
(a) Eligible
				coal lands and waters given the following ranking for funding:
(i) Protection of public health, safety,
				general welfare and property from the extreme danger of the adverse effects of
				coal mining and processing practices; and
(ii) Protection of the public health, safety
				and general welfare from adverse effects of coal mining and processing
				practices.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 6 - PUBLIC FACILITIES PROJECTS › Section 6-1 - General

Current through July 13, 2024
(a) This Chapter establishes the funding,
				eligibility, nomination, and procedures to rank and approve public facilities
				projects which are eligible for AML funding.
(b) If the certified in lieu funds received
				from the Office of Surface Mining is in excess of the annual amount required to
				execute the state's reclamation plan and the priorities listed in Chapter 5,
				the administrator may make the excess funds available for public facilities
				projects with priority given to those projects meeting the criteria in Section
				6(b) of this
				chapter.
(c) If funds are made
				available, the division shall solicit proposals for public facilities projects
				to be considered for selection.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 6 - PUBLIC FACILITIES PROJECTS › Section 6-2 - Public Facility Project Eligibility and Ranking

Current through July 13, 2024
(a) Upon
				receipt of a proposed public facility project, the division shall conduct an
				initial evaluation of the proposal to determine eligibility in accordance with
				the requirements of this Chapter.
(b) All public facilities proposals which are
				eligible for consideration under this Chapter shall be reviewed and ranked by
				the division in accordance with this chapter. The division shall present its
				recommendations to the State Loan and Investment Board for review and approval
				in accordance with Executive Order #1997-3. The board's review shall include
				consideration of public comment; the interest of the public body supporting the
				project and the recommendations of the division. Following analysis of all
				comments and recommendations, the board shall submit their findings to the
				division for implementation.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 6 - PUBLIC FACILITIES PROJECTS › Section 6-3 - Eligible Facilities and Utilities

Current through July 13, 2024
(a) Eligible public
				facilities and utilities projects include:
(i) Existing public facilities and utilities
				serving the public and adversely affected by mining and processing practices
				which occurred prior to August 3, 1977; and
(ii) The construction of new public
				facilities or utilities in communities impacted by mining and processing
				practices.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 6 - PUBLIC FACILITIES PROJECTS › Section 6-4 - Eligible Mining Industry Projects

Current through July 13, 2024
(a) Eligible
				projects include:
(i) The construction of
				specific public facilities which have a relationship to the mining
				industry.
(ii) Activities of public
				benefit which are related to impacts from the mining industry.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 6 - PUBLIC FACILITIES PROJECTS › Section 6-5 - Nomination of Public Facility Projects

Current through July 13, 2024
(a) This Section
				establishes procedure and application requirements whereby interested persons
				may seek abandoned mine land funding for public facility projects or activities
				in accordance with the requirements of W.S. 3511-1202(a)(v), (c) and Sections
				3,
				4 and
				6 of this chapter.
(b) Only incorporated cities and towns,
				counties, special districts or joint powers boards who own or would own the new
				facility or sponsor the activity may submit applications for funding.
(c) Applicants may seek abandoned mine land
				funding for costs associated with the site evaluation, engineering and design,
				site preparation, construction, equipment purchase, furnishings and maintenance
				of the facility. The costs to prepare an application in accordance with these
				requirements must be borne by the applicant.
(d) All applications must be accompanied by a
				resolution passed by the elected officials representing the applicant and must
				certify that the proposal contained in the application included public notice
				and opportunity for citizen input.
(e) All applications filed with the
				Department shall contain the following minimum information to be considered
				complete:
(i) Transmittal cover letter signed
				by a proper authority of the applicant.
(ii) Resolution of governing body supporting
				the project with documentation of public notice and opportunity for citizen
				input.
(iii) Description of the
				project, estimated total cost of project, and if the project involves
				construction of facilities or utilities, a schedule for design and construction
				with an annual budget breakdown.
(iv) Information to demonstrate eligibility
				of the project in accordance with requirements of Sections
				3 or
				4 of this chapter.
(v) Information to demonstrate need and
				importance of the project in accordance with the requirements of Section
				6(b) or
				(c) of this chapter.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 6 - PUBLIC FACILITIES PROJECTS › Section 6-6 - Ranking Eligible Projects for Funding

Current through July 13, 2024
(a) The division
				shall review eligible projects and recommend funding priorities in the order
				listed in this section:
(b)
				Priority for funding for facilities eligible under Section
				3(a) of this Chapter shall
				be for the protection, repair, replacement, or enhancement of existing
				facilities or utilities serving the public and adversely affected by mining and
				processing practices, or the construction of new public facilities or utilities
				in communities impacted by mining and processing practices. Projects qualifying
				under this subsection shall be ranked for funding considering the following
				criteria:
(i) Availability of funds from
				other local, state or federal sources and the commitment of the impacted
				community to provide financial support, considering the local tax base and the
				ability of local governments to provide this support.
(ii) The extent to which the project will
				mitigate the impacts of coal or mineral mining and processing practices, giving
				first priority to projects which address public health and safety and second
				priority to providing basic public services and infrastructure.
(iii) The need and cost effectiveness of the
				project to the community and state. Except for projects involving threats to
				public health and safety, higher priority shall be given to those projects
				demonstrating a higher benefit to cost ratio.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 6 - PUBLIC FACILITIES PROJECTS › Section 6-7 - Funding Requirements

Current through July 13, 2024
Projects funded with abandoned mine land funds shall receive
				  financial support in accordance with federal grant requirements. All contract
				  services shall be procured through an open and free competitive process, in
				  accordance with
				  W.S.
				  9-2-1027 et seq. and W.S. W.S.
				  W.S.
				  9-2-1016. Expenditure of abandoned mine land
				  funds shall be on a cost reimbursement basis for costs allowable under the
				  grant and federal grant regulations. The Department may enter into agreements
				  with local governments to facilitate project planning, implementation and
				  coordination, provided that such agreements do not increase the costs of the
				  project to the Program nor delegate the responsibility of the Department to
				  fulfill its grant recipient duties and oversight functions.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 7 - MINE SUBSIDENCE INSURANCE PROGRAM › Section 7-1 - General

Current through July 13, 2024
(a) This chapter
				establishes rules and regulations for a program of insurance administered by
				the Abandoned Mine Land Division to insure structures in Wyoming from damage
				resulting from mine subsidence.
(b)
				These rules incorporate by reference the following rules and regulations, in
				effect as of September 6, 2016:
(i) Wyoming
				Department of Administration and Information, Director's Office, Chapter 2,
				Uniform Procedures, Fees, Costs, and Charges for Inspection, Copying, and
				Producing Public Records, available at
https://rules.wyo.gov
.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 7 - MINE SUBSIDENCE INSURANCE PROGRAM › Section 7-2 - Rights of Subrogation

Current through July 13, 2024
In the event of a loss, an insured person's rights to recover
				  from another become the rights of the State up to the amount of the covered
				  loss and the insured person must protect these rights and assist
				  representatives of the State in enforcing them.
Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0001 - Abandoned Mine Reclamation Program › Chapter 7 - MINE SUBSIDENCE INSURANCE PROGRAM › Section 7-3 - Notice to Property Owners

Current through July 13, 2024
(a) The division
				and their consultants, using best engineering and professional judgment based
				on analysis of the potential impact, shall identify surrounding properties that
				may reasonably be at risk from subsidence damage due to AML mitigation
				work.
(b) Prior to initiating
				subsidence mitigation work, the division's contractor shall notify the owner of
				all property identified in (a) and offer to purchase subsidence insurance for
				the property for the duration of the project.
(c) If accepted, the property owner must
				allow the property to be inspected to establish baseline conditions and allow
				the property to be inspected at any reasonable time during the
				project.
(d) This offer will be
				made to protect the state from subsidence damage claims for the duration of the
				project.