reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 21 - LEASING OF URANIUM › Section 21-13 - Relinquishment

Current through July 13, 2024
(a) A uranium lease or any divided interest
				therein may be relinquished by the record title holder to the Board in the
				following manner:
(i) If no operations have
				been conducted under the lease and no surface disturbance or damage has
				occurred on the land to be relinquished, the lessee shall file with the Office
				a written statement on a form provided by the Office that he wishes to
				relinquish the lease or interest. The relinquishment shall become effective on
				the date and hour of receipt by the Office or at some later date if
				specified.
(ii) If operations have
				been conducted under the lease or surface disturbance or damage has occurred on
				land proposed to be relinquished, the lessee shall file with the Office a
				statement on a form provided by the Office that he wishes to relinquish the
				lease or interest. Relinquishment shall not become effective until the land
				shall have been placed in acceptable condition and the Department of
				Environmental Quality or such other agency as may have jurisdiction has
				certified that the lands have been adequately reclaimed or restored before the
				relinquishment is effective.
(iii)
				Once a relinquishment on state lands becomes effective, the lease may not be
				reinstated. The lands shall be made available for lease as provided in Section
				5 of this chapter.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 21 - LEASING OF URANIUM › Section 21-14 - Royalty Reporting

Current through July 13, 2024
All lessees shall submit to the Office a completed monthly
				  reporting statement on a form provided by the Office for each lease (Form
				  M-3c). The lessee shall submit each lease statement within thirty (30) days of
				  the last day of the month of sales for uranium. The lessee shall attach to the
				  M-3c statement copies of original arms-length sales transaction documents
				  showing the quantity, quality, and value of products sold, including all lease
				  volume sales through affiliate companies.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 21 - LEASING OF URANIUM › Section 21-15 - Field Audits

Current through July 13, 2024
(a) The Wyoming
				Department of Audit, the Director, or the duly authorized representative of
				either shall have the right at reasonable times and intervals to audit the
				books and records of any uranium or operator on state lands and to inspect the
				leased premises and conduct field audits for the purpose of determining
				compliance with this chapter or the terms of the lease.
(b) Any and all parties producing, selling,
				transporting, and purchasing state lands royalty interest shall retain their
				records for six (6) years from the date of sale reporting as due under this
				chapter for any production from or allocated to state lands for all periods
				ending after January 1, 2000.
(c)
				Absent state lessee or operator production sales reporting as required in this
				subsection, the state's uranium lessee shall only sell or deliver any leased
				substance to any person who agrees:
(i) To
				file reports with the Office stating the price, quantity, origin, and
				disposition of all production purchased from a state lease; and
(ii) To allow an audit as provided for in
				this section.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 21 - LEASING OF URANIUM › Section 21-16 - Cancellation for Default

Current through July 13, 2024
(a) If any uranium
				lessee defaults in the performance or observance of any of this chapter or any
				of the terms, covenants, or conditions of the lease under which it is
				operating, the Board may serve notice of such failure or default either by
				personal service or by certified or registered mail upon the lessee. If the
				failure or default continues for a period of thirty (30) days after service of
				the notice, the Board may declare a forfeiture and cancel the lease, whereupon
				all rights and privileges obtained by the lessee under the lease shall
				terminate and the Board may re-enter and take possession of the
				premises.
(b) This section shall
				not be construed to prevent the exercise by the Director or the Board of any
				other legal or equitable remedy which the state might otherwise have nor to
				relieve the lessee from any accrued obligation under the lease. Failure of the
				lessor to give notice of default in any particular case or waiver of a
				particular cause of forfeiture shall not prevent the cancellation and
				forfeiture of the lease for any other cause of forfeiture or for the same
				default or cause if it continues or occurs at any other time.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-2 - Definitions

Current through July 13, 2024
(a) "Beneficiaries" means the common schools
				and those state institutions designated by Congress as beneficiaries of lands
				granted to the State of Wyoming.
(b) "Board" means the Board of Land
				Commissioners.
(c) "Director" means
				The Director of the Office of State Lands and Investments.
(d) "Office" means the Office of State Lands
				and Investments.
(e) "Mineral"
				means coal, trona/sodium, bentonite and associated minerals, clays, stones of
				various sorts, salts, and any and all substances formed by nature in or as
				rocks of the earth and recognized in law, geology, or by the courts as
				minerals.
(f) "State Lands" means
				all lands under the jurisdiction of the Board of Land Commissioners in which
				the Board owns some or all of the mineral estate.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-3 - General Provisions

Current through July 13, 2024
(a) The Board may,
				without prior notice, withdraw specific lands from leasing for bentonite when
				it appears reasonably necessary to protect the economic or environmental
				interests of the beneficiaries. Any party desiring to lease lands for bentonite
				which have been withdrawn may request that a withdrawal be rescinded in whole
				or in part.
(b) The Board may
				condition the issuance of any bentonite lease upon specific stipulations for
				the protection of the public, the environment, the waters of the state,
				historical, archeological or paleontological materials, the wildlife resources,
				or any of the subsurface or surface resources of the state.
(c) The Board may deny a bentonite lease to
				any person or legal entity which has failed to comply with any rules of the
				Board or any terms and conditions of any lease or other agreement with the
				Board.
(d) The Board may refuse to
				issue a bentonite lease or approve an assignment of an interest in an existing
				bentonite lease if issuing the lease or approving the assignment will diminish
				the interest of the beneficiaries.
(e) On lands in which the state owns less
				than the entire interest in the bentonite estate, a lease will be issued by the
				Board covering the state's interest independent of the other
				co-owners.
(f) An application may
				be filed for a lease on lands not shown by the records of the Office to be
				owned by the state. The applicant must submit evidence through the Office to
				the Wyoming Attorney General showing that it is probable that the lands applied
				for, or any interest therein, have escheated to the State of Wyoming. Such
				applicant shall coordinate with and pay for all costs for the Office and the
				Attorney General pursuant to the filing of a petition under
				W.S.
				9-5-203 seeking title for the state. After
				receiving a court order vesting title in the state, the applicant shall have
				the right to lease the escheated lands under the Board's current form of lease
				without bidding thereon at auction. If the lands are not found to have
				escheated to the state, applicant will not be entitled to any lease or cost
				reimbursement.
(g) Discovery of
				historical, archaeological, or paleontological deposits on state lands during
				the course of development shall be reported to the Office by the lessee prior
				to further disturbance, and operations may only re-commence as authorized by
				the Director. The Director shall notify the lessee regarding mitigation within
				five (5) working days after receiving the report.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-4 - Qualified Lessee

Current through July 13, 2024
To be qualified to receive or hold any interest in a state
				  lease, corporations, limited partnerships, and limited liability companies must
				  be authorized to transact business in the State of Wyoming by the Secretary of
				  State, and general partnerships shall provide the Office with a copy of their
				  partnership papers.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-5 - Leasing Procedures

Current through July 13, 2024
(a) Bentonite shall
				be available for lease to the first qualified applicant filing an application.
				Applications may be filed with the Office during the regular hours of any
				business day. The Office shall note the date of filing on all applications.
				Applications filed on the same day, whether presented by personal delivery or
				received through any mail service, shall be considered as filed
				simultaneously.
(b) Each
				application must be accompanied by the required filing fee as established by
				the Board in Chapter 17 of the Board's rules. The filing fee will not be
				refunded on any application. An application under this section must also be
				accompanied by a remittance for the advance rental for the first year, at the
				rental per acre specified in Section
				6 of this chapter.
(c) If two or more applications for the same
				interests in bentonite are filed simultaneously, the applications are in
				conflict.
(i) An application which is in
				conflict as to only a part of the lands applied for, shall be processed as to
				the lands not in conflict in the same manner as a separate application for such
				lands.
(ii) The priority of
				applications which are in conflict as to all or any part of the lands applied
				for shall, as to the lands in conflict, be determined by sealed bid between the
				applicants in conflict.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-6 - Rentals

Current through July 13, 2024
(a) The annual rental payments on all
				bentonite leases shall be:
(i) One dollar
				($1) per acre for the first through the fifth years;
(ii) Two dollars ($2) per acre for the sixth
				through tenth years of the primary lease term and for any renewal year within a
				second ten (10) year term.
(iii)
				Three dollars ($3) per acre for each year for renewals for a third ten (10)
				year term; and
(iv) Four dollars
				($4) per acre for each year for renewals for a fourth ten (10) year
				term.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-7 - Royalties

Current through July 13, 2024
(a) Royalties for bentonite shall be based on
				the terms of the particular lease agreement, subject to all state royalty
				statutes and rules, and shall be based on the total consideration received for
				state production. The following royalty rates shall apply, unless a different
				rate is specifically authorized by the Board:
(i) Where the average sales price for bulk
				bentonite products is under twenty dollars and ninety-nine cents ($20.99), at a
				rate of fifty-five cents ($0.55) per ton.
(ii) Where the average sales price for bulk
				bentonite products is from twenty-one dollars ($21) to twenty-three dollars and
				ninety-nine cents ($23.99), at a rate of sixty cents ($0.60) per ton.
(iii) Where the average sales price for bulk
				bentonite products is twenty-four dollars ($24) and above, at a rate of sixty
				cents ($0.60) per ton plus five cents ($0.05) per ton for each dollar or
				fraction thereof above twenty-four dollars ($24).
(iv) Royalties are due on a proportionate
				basis for State lease production in inventory at the percentage of tons that
				the State lease production bears to total production in inventory for each
				sale.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-8 - Lease Term

Current through July 13, 2024
(a) Bentonite
				leases shall be for a primary term often (10) years.
(b) The term of a bentonite lease may be
				extended beyond its primary term only as provided by law, by these rules, or by
				a specific lease provision.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-9 - General Assignment Requirements

Current through July 13, 2024
(a) Pursuant to
				W.S.
				36-6-101(c), the Director
				shall approve or disapprove any assignment or transfer of a lease or an
				interest therein. Assignments shall be submitted for approval in duplicate on
				the form provided by the Office. If an assignment transfers an interest in more
				than one lease, an extra duly executed copy of the assignment or a photostatic
				copy of the original assignment shall be furnished for each lease in which an
				interest is transferred. The required filing fee must be paid for each separate
				lease in which an interest is assigned.
(b) The Director shall approve an assignment
				which has been properly executed and appears to comply with the law and this
				chapter, unless he determines that:
Approval would interfere with the development of the
				  bentonite;
(ii) The assignable lease
				is delinquent in rental or royalty payment status;
(iii) Existing bonding is insufficient to
				cover lease premises activities;
(iv) Conditions exist that would otherwise be
				detrimental to the interests of the beneficiaries;
(v) The assignee is not a qualified lessee as
				provided in Section
				4 of this chapter; or
(vi) The number of persons holding undivided
				interest in a lease exceed two (2) in number, unless a designation of agent or
				a power of attorney executed by all lessees is filed with the Office which
				designates one of the lessees as agent or attorney to receive all notices, pay
				all rentals, and is authorized to represent the lessees with the same effect as
				though the agent or attorney was the sole lessee. For the purposes of this
				paragraph, owners of overriding royalties, production payments or other
				cost-free interests are not considered lessees, but owners of carried working
				interest, net profit owners, and other persons who may be required to bear a
				share of the cost out of their share of the production are considered
				lessees.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-10 - Partial Assignments

Current through July 13, 2024
(a) Subject to the
				requirements of this chapter, a lessee may assign or transfer all or part of
				his interest in the released acreage as to either a divided or undivided
				interest therein, including cost-free interest such as overriding royalties and
				production payments.
(b) The
				Director shall approve assignments or reservations of an overriding royalty
				subject to the condition that the overriding royalty or a portion thereof may
				be cancelled or suspended by the Board if it finds that it creates a burden
				upon the lease which prevents or unreasonably interferes with
				development.
(c) Assignment of a
				divided interest, i.e., an assignment of the full leasehold or working interest
				in a lease as to all interest in all deposits, formations, or depths below a
				separate tract of the lands subject to the lease or as to one or more separate
				deposits, formations, or depths below all or a part of the land subject to the
				lease, segregates the assigned interest from the retained interest and creates
				new lease obligations as to the lands and the deposits, formations, or depths
				assigned.
(i) The rights and obligations of
				the lessees under the retained portion and the assigned portion of the original
				lease are separate and distinct as though two (2) separate leases, one (1)
				covering only the retained interest and the other the assigned interest, had
				originally been issued on the effective date of the original lease.
(ii) The Director may disapprove any
				assignment which has the effect of creating separate lease obligations covering
				the retained and the assigned interest even though it purports to assign less
				than all of the leasehold or working interest, unless both assignor and
				assignee agree to accept the separate obligations.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-11 - Surface Integrity and Minimum Reclamation

Current through July 13, 2024
(a)
				Lessees shall use care and proper safeguards to prevent pollution of the soil
				or any water, including underground aquifers, by virtue of lessee's or lessee's
				designee's operation on state lands and shall capture and dispose of any
				operation's pollutants not permitted under Wyoming Department of Environmental
				Quality regulation, resulting from lessee's or lessee's designee's operations,
				and shall be responsible for any and all damages caused thereby related to
				lessee's operations.
(b) Upon
				completion of operations on state lands, all related disturbances on state
				lands must be reclaimed to leave the land in as near as practicable to the
				original condition of the land prior to operations. All topsoil must be
				salvaged before an area is disturbed by roads, buildings or other related
				activities. The salvaged topsoil must be stockpiled in such a way to protect it
				from wind and water erosion. If no topsoil exists for use in reclamation, with
				the Director's written approval, a cover soil that has been amended to sustain
				vegetation may be applied. If lessees can demonstrate that stripping and
				stockpiling of topsoil as precursor to their activities will be more
				detrimental to the topsoil as relates to reclamation, the Director may waive
				this requirement.
(c) New roads
				shall cross all drainages at right angles with culverts installed in a manner
				to avoid constricting the flow of surface water. All drainage or creek
				crossings must be constructed of erosion resistant material and constructed in
				a manner to prevent degradation of waters of the state from eroded sediment. No
				pits or impoundments shall remain after operations and reclamation activities,
				unless they have developed into viable wetlands as that term is defined by
				current federal regulation or if the pits or impoundments could potentially be
				of use to the state or to the surface lessee. All reclaimed areas must have
				slopes as approved by the Director and in conformance with existing State of
				Wyoming laws, rules, and regulations governing reclamation.
(d) All reclaimed areas must be reseeded,
				where possible, with an approved seed mixture.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-12 - Bonds

Current through July 13, 2024
(a) A lessee is not required to post a bond
				until actual operations, including exploration activities, are to be commenced
				on the leased lands. Before commencing actual operations, the lessee shall
				advise the Office and outline in detail the nature of the operations proposed.
				Operations shall not commence until an adequate bond has been furnished and
				approved.
(b) The bond shall be in
				an amount found by the Director sufficient to protect and indemnify the State
				of Wyoming and shall be in the form approved by the Wyoming Attorney General.
				Two (2) executed copies of the bond must be submitted to the Office. The bond
				shall bind the principal and its surety for:
(i) The payment of all moneys, rents, and
				royalties accruing to the Board;
(ii) Full compliance with all applicable
				statutes and terms and conditions of the Board's leases and rules and
				regulations;
(iii) Reclamation of
				the surface; and
(iv) For the
				payment of all disturbances to the surface and improvements thereon.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-13 - Relinquishment

Current through July 13, 2024
(a) A bentonite lease or any divided interest
				therein may be relinquished by the record title holder to the Board in the
				following manner:
(i) If no operations have
				been conducted under the lease and no surface disturbance or damage has
				occurred on the land to be relinquished, the lessee shall file with the Office
				a written statement on a form provided by the Office that he wishes to
				relinquish the lease or interest. The relinquishment shall become effective on
				the date and hour of receipt by the Office or at some later date if
				specified.
(ii) If operations have
				been conducted under the lease or surface disturbance or damage has occurred on
				land proposed to be relinquished, the lessee shall file with the Office a
				statement on a form provided by the Office that he wishes to relinquish the
				lease or interest. Relinquishment shall not become effective until the land
				shall have been placed in acceptable condition and the Department of
				Environmental Quality or such other agency as may have jurisdiction has
				certified that the lands have been adequately reclaimed or restored before the
				relinquishment is effective.
(iii)
				Once a relinquishment on state lands becomes effective, the lease may not be
				reinstated. The lands shall be made available for lease as provided in Section
				5 of this chapter.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-14 - Royalty Reporting

Current through July 13, 2024
All lessees shall submit to the Office a completed monthly
				  reporting statement on a form provided by the Office for each lease (Form
				  M-3c). The lessee shall submit each lease statement within thirty (30) days of
				  the last day of the month of sales for bentonite. The lessee shall attach to
				  the M-3c statement copies of original arms-length sales transaction documents
				  showing the quantity, quality, and value of products sold, including all lease
				  volume sales through affiliate companies.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-15 - Field Audits

Current through July 13, 2024
(a) The Wyoming
				Department of Audit, the Director, or the duly authorized representative of
				either shall have the right at reasonable times and intervals to audit the
				books and records of any bentonite or operator on state lands and to inspect
				the leased premises and conduct field audits for the purpose of determining
				compliance with this chapter or the terms of the lease.
(b) Any and all parties producing, selling,
				transporting, and purchasing state lands royalty interest shall retain their
				records for six (6) years from the date of sale reporting as due under this
				chapter for any production from or allocated to state lands for all periods
				ending after January 1, 2000.
(c)
				Absent state lessee or operator production sales reporting as required in this
				subsection, the state's bentonite lessee shall only sell or deliver any leased
				substance to any person who agrees:
(i) To
				file reports with the Office stating the price, quantity, origin, and
				disposition of all production purchased from a state lease; and
(ii) To allow an audit as provided for in
				this section.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 22 - LEASING OF BENTONITE › Section 22-16 - Cancellation for Default

Current through July 13, 2024
(a) If any
				bentonite lessee defaults in the performance or observance of any of this
				chapter or any of the terms, covenants, or conditions of the lease under which
				it is operating, the Board may serve notice of such failure or default either
				by personal service or by certified or registered mail upon the lessee. If the
				failure or default continues for a period of thirty (30) days after service of
				the notice, the Board may declare a forfeiture and cancel the lease, whereupon
				all rights and privileges obtained by the lessee under the lease shall
				terminate and the Board may re-enter and take possession of the
				premises.
(b) This section shall
				not be construed to prevent the exercise by the Director or the Board of any
				other legal or equitable remedy which the state might otherwise have nor to
				relieve the lessee from any accrued obligation under the lease. Failure of the
				lessor to give notice of default in any particular case or waiver of a
				particular cause of forfeiture shall not prevent the cancellation and
				forfeiture of the lease for any other cause of forfeiture or for the same
				default or cause if it continues or occurs at any other time.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-2 - Definitions

Current through July 13, 2024
(a) "Beneficiaries" means the common schools
				and those state institutions designated by Congress as beneficiaries of lands
				granted to the State of Wyoming.
(b) "Board" means the Board of Land
				Commissioners.
(c) "Director" means
				The Director of the Office of State Lands and Investments.
(d) "Office" means the Office of State Lands
				and Investments.
(e) "Mineral"
				means coal, trona/sodium, zeolite and associated minerals, clays, stones of
				various sorts, salts, and any and all substances formed by nature in or as
				rocks of the earth and recognized in law, geology, or by the courts as
				minerals.
(f) "State Lands" means
				all lands under the jurisdiction of the Board of Land Commissioners in which
				the Board owns some or all of the mineral estate.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-3 - General Provisions

Current through July 13, 2024
(a) The Board may,
				without prior notice, withdraw specific lands from leasing for zeolite when it
				appears reasonably necessary to protect the economic or environmental interests
				of the beneficiaries. Any party desiring to lease lands for zeolite which have
				been withdrawn may request that a withdrawal be rescinded in whole or in
				part.
(b) The Board may condition
				the issuance of any zeolite lease upon specific stipulations for the protection
				of the public, the environment, the waters of the state, historical,
				archeological or pale-ontological materials, the wildlife resources, or any of
				the subsurface or surface resources of the state.
(c) The Board may deny a zeolite lease to any
				person or legal entity which has failed to comply with any rules of the Board
				or any terms and conditions of any lease or other agreement with the
				Board.
(d) The Board may refuse to
				issue a zeolite lease or approve an assignment of an interest in an existing
				zeolite lease if issuing the lease or approving the assignment will diminish
				the interest of the beneficiaries.
(e) On lands in which the state owns less
				than the entire interest in the zeolite estate, a lease will be issued by the
				Board covering the state's interest independent of the other
				co-owners.
(f) An application may
				be filed for a lease on lands not shown by the records of the Office to be
				owned by the state. The applicant must submit evidence through the Office to
				the Wyoming Attorney General showing that it is probable that the lands applied
				for, or any interest therein, have escheated to the State of Wyoming. Such
				applicant shall coordinate with and pay for all costs for the Office and the
				Attorney General pursuant to the filing of a petition under
				W.S.
				9-5-203 seeking title for the state. After
				receiving a court order vesting title in the state, the applicant shall have
				the right to lease the escheated lands under the Board's current form of lease
				without bidding thereon at auction. If the lands are not found to have
				escheated to the state, applicant will not be entitled to any lease or cost
				reimbursement.
(g) Discovery of
				historical, archaeological, or paleontological deposits on state lands during
				the course of development shall be reported to the Office by the lessee prior
				to further disturbance, and operations may only re-commence as authorized by
				the Director. The Director shall notify the lessee regarding mitigation within
				five (5) working days after receiving the report.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-4 - Qualified Lessee

Current through July 13, 2024
To be qualified to receive or hold any interest in a state
				  lease, corporations, limited partnerships, and limited liability companies must
				  be authorized to transact business in the State of Wyoming by the Secretary of
				  State, and general partnerships shall provide the Office with a copy of their
				  partnership papers.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-5 - Leasing Procedures

Current through July 13, 2024
(a) Zeolite shall
				be available for lease to the first qualified applicant filing an application.
				Applications may be filed with the Office during the regular hours of any
				business day. The Office shall note the date of filing on all applications.
				Applications filed on the same day, whether presented by personal delivery or
				received through any mail service, shall be considered as filed
				simultaneously.
(b) Each
				application must be accompanied by the required filing fee as established by
				the Board in Chapter 17 of the Board's rules. The filing fee will not be
				refunded on any application. An application under this section must also be
				accompanied by a remittance for the advance rental for the first year, at the
				rental per acre specified in Section
				6 of this chapter.
(c) If two or more applications for the same
				interests in zeolite are filed simultaneously, the applications are in
				conflict.
(i) An application which is in
				conflict as to only a part of the lands applied for, shall be processed as to
				the lands not in conflict in the same manner as a separate application for such
				lands.
(ii) The priority of
				applications which are in conflict as to all or any part of the lands applied
				for shall, as to the lands in conflict, be determined by sealed bid between the
				applicants in conflict.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-6 - Rentals

Current through July 13, 2024
(a) The annual rental payments on all zeolite
				leases shall be:
(i) One dollar ($1) per acre
				for the first through the fifth years;
(ii) Two dollars ($2) per acre for the sixth
				through tenth years of the primary lease term and for any renewal year within a
				second ten (10) year term.
(iii)
				Three dollars ($3) per acre for each year for renewals for a third ten (10)
				year term; and
(iv) Four dollars
				($4) per acre for each year for renewals for a fourth ten (10) year
				term.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-7 - Royalties

Current through July 13, 2024
(a) Royalties for zeolite shall be based on
				the terms of the particular lease agreement, subject to all state royalty
				statutes and rules, and shall be based on the total consideration received for
				state production. The following royalty rates shall apply, unless a different
				rate is specifically authorized by the Board:
(i) Where the average sales price for bulk
				zeolite products is under twenty dollars and ninety-nine cents ($20.99), at a
				rate of fifty-five cents ($0.55) per ton.
(ii) Where the average sales price for bulk
				zeolite products is from twenty-one dollars ($21) to twenty-three dollars and
				ninety-nine cents ($23.99), at a rate of sixty cents ($0.60) per ton.
(iii) Where the average sales price for bulk
				zeolite products is twenty-four dollars ($24) and above, at a rate of sixty
				cents ($0.60) per ton plus five cents ($0.05) per ton for each dollar or
				fraction thereof above twenty-four dollars ($24).
(iv) Royalties are due on a proportionate
				basis for State lease production in inventory at the percentage of pounds that
				the State lease production bears to total production in inventory for each
				sale.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-8 - Lease Term

Current through July 13, 2024
(a) Zeolite leases
				shall be for a primary term often (10) years.
(b) The term of a zeolite lease may be
				extended beyond its primary term only as provided by law, by these rules, or by
				a specific lease provision.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-9 - General Assignment Requirements

Current through July 13, 2024
(a) Pursuant to
				W.S.
				36-6-101(c), the Director
				shall approve or disapprove any assignment or transfer of a lease or an
				interest therein. Assignments shall be submitted for approval in duplicate on
				the form provided by the Office. If an assignment transfers an interest in more
				than one lease, an extra duly executed copy of the assignment or a photostatic
				copy of the original assignment shall be furnished for each lease in which an
				interest is transferred. The required filing fee must be paid for each separate
				lease in which an interest is assigned.
(b) The Director shall approve an assignment
				which has been properly executed and appears to comply with the law and this
				chapter, unless he determines that:
Approval would interfere with the development of the
				  zeolite;
(ii) The assignable lease is
				delinquent in rental or royalty payment status;
(iii) Existing bonding is insufficient to
				cover lease premises activities;
(iv) Conditions exist that would otherwise be
				detrimental to the interests of the beneficiaries;
(v) The assignee is not a qualified lessee as
				provided in Section
				4 of this chapter; or
(vi) The number of persons holding undivided
				interest in a lease exceed two (2) in number, unless a designation of agent or
				a power of attorney executed by all lessees is filed with the Office which
				designates one of the lessees as agent or attorney to receive all notices, pay
				all rentals, and is authorized to represent the lessees with the same effect as
				though the agent or attorney was the sole lessee. For the purposes of this
				paragraph, owners of overriding royalties, production payments or other
				cost-free interests are not considered lessees, but owners of carried working
				interest, net profit owners, and other persons who may be required to bear a
				share of the cost out of their share of the production are considered
				lessees.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-10 - Partial Assignments

Current through July 13, 2024
(a) Subject to the
				requirements of this chapter, a lessee may assign or transfer all or part of
				his interest in the released acreage as to either a divided or undivided
				interest therein, including cost-free interest such as overriding royalties and
				production payments.
(b) The
				Director shall approve assignments or reservations of an overriding royalty
				subject to the condition that the overriding royalty or a portion thereof may
				be cancelled or suspended by the Board if it finds that it creates a burden
				upon the lease which prevents or unreasonably interferes with
				development.
(c) Assignment of a
				divided interest, i.e., an assignment of the full leasehold or working interest
				in a lease as to all interest in all deposits, formations, or depths below a
				separate tract of the lands subject to the lease or as to one or more separate
				deposits, formations, or depths below all or a part of the land subject to the
				lease, segregates the assigned interest from the retained interest and creates
				new lease obligations as to the lands and the deposits, formations, or depths
				assigned.
(i) The rights and obligations of
				the lessees under the retained portion and the assigned portion of the original
				lease are separate and distinct as though two (2) separate leases, one (1)
				covering only the retained interest and the other the assigned interest, had
				originally been issued on the effective date of the original lease.
(ii) The Director may disapprove any
				assignment which has the effect of creating separate lease obligations covering
				the retained and the assigned interest even though it purports to assign less
				than all of the leasehold or working interest, unless both assignor and
				assignee agree to accept the separate obligations.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-11 - Surface Integrity and Minimum Reclamation

Current through July 13, 2024
(a)
				Lessees shall use care and proper safeguards to prevent pollution of the soil
				or any water, including underground aquifers, by virtue of lessee's or lessee's
				designee's operation on state lands and shall capture and dispose of any
				operation's pollutants not permitted under Wyoming Department of Environmental
				Quality regulation, resulting from lessee's or lessee's designee's operations,
				and shall be responsible for any and all damages caused thereby related to
				lessee's operations.
(b) Upon
				completion of operations on state lands, all related disturbances on state
				lands must be reclaimed to leave the land in as near as practicable to the
				original condition of the land prior to operations. All topsoil must be
				salvaged before an area is disturbed by roads, buildings or other related
				activities. The salvaged topsoil must be stockpiled in such a way to protect it
				from wind and water erosion. If no topsoil exists for use in reclamation, with
				the Director's written approval, a cover soil that has been amended to sustain
				vegetation may be applied. If lessees can demonstrate that stripping and
				stockpiling of topsoil as precursor to their activities will be more
				detrimental to the topsoil as relates to reclamation, the Director may waive
				this requirement.
(c) New roads
				shall cross all drainages at right angles with culverts installed in a manner
				to avoid constricting the flow of surface water. All drainage or creek
				crossings must be constructed of erosion resistant material and constructed in
				a manner to prevent degradation of waters of the state from eroded sediment. No
				pits or impoundments shall remain after operations and reclamation activities,
				unless they have developed into viable wetlands as that term is defined by
				current federal regulation or if the pits or impoundments could potentially be
				of use to the state or to the surface lessee. All reclaimed areas must have
				slopes as approved by the Director and in conformance with existing State of
				Wyoming laws, rules, and regulations governing reclamation.
(d) All reclaimed areas must be reseeded,
				where possible, with an approved seed mixture.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-12 - Bonds

Current through July 13, 2024
(a) A lessee is not required to post a bond
				until actual operations, including exploration activities, are to be commenced
				on the leased lands. Before commencing actual operations, the lessee shall
				advise the Office and outline in detail the nature of the operations proposed.
				Operations shall not commence until an adequate bond has been furnished and
				approved.
(b) The bond shall be in
				an amount found by the Director sufficient to protect and indemnify the State
				of Wyoming and shall be in the form approved by the Wyoming Attorney General.
				Two (2) executed copies of the bond must be submitted to the Office. The bond
				shall bind the principal and its surety for:
(i) The payment of all moneys, rents, and
				royalties accruing to the Board;
(ii) Full compliance with all applicable
				statutes and terms and conditions of the Board's leases and rules and
				regulations;
(iii) Reclamation of
				the surface; and
(iv) For the
				payment of all disturbances to the surface and improvements thereon.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-13 - Relinquishment

Current through July 13, 2024
(a) A zeolite lease or any divided interest
				therein may be relinquished by the record title holder to the Board in the
				following manner:
(i) If no operations have
				been conducted under the lease and no surface disturbance or damage has
				occurred on the land to be relinquished, the lessee shall file with the Office
				a written statement on a form provided by the Office that he wishes to
				relinquish the lease or interest. The relinquishment shall become effective on
				the date and hour of receipt by the Office or at some later date if
				specified.
(ii) If operations have
				been conducted under the lease or surface disturbance or damage has occurred on
				land proposed to be relinquished, the lessee shall file with the Office a
				statement on a form provided by the Office that he wishes to relinquish the
				lease or interest. Relinquishment shall not become effective until the land
				shall have been placed in acceptable condition and the Department of
				Environmental Quality or such other agency as may have jurisdiction has
				certified that the lands have been adequately reclaimed or restored before the
				relinquishment is effective.
(iii)
				Once a relinquishment on state lands becomes effective, the lease may not be
				reinstated. The lands shall be made available for lease as provided in Section
				5 of this chapter.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-14 - Royalty Reporting

Current through July 13, 2024
All lessees shall submit to the Office a completed monthly
				  reporting statement on a form provided by the Office for each lease (Form
				  M-3c). The lessee shall submit each lease statement within thirty (30) days of
				  the last day of the month of sales for zeolite. The lessee shall attach to the
				  M-3c statement copies of original arms-length sales transaction documents
				  showing the quantity, quality, and value of products sold, including all lease
				  volume sales through affiliate companies.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-15 - Field Audits

Current through July 13, 2024
(a) The Wyoming
				Department of Audit, the Director, or the duly authorized representative of
				either shall have the right at reasonable times and intervals to audit the
				books and records of any zeolite or operator on state lands and to inspect the
				leased premises and conduct field audits for the purpose of determining
				compliance with this chapter or the terms of the lease.
(b) Any and all parties producing, selling,
				transporting, and purchasing state lands royalty interest shall retain their
				records for six (6) years from the date of sale reporting as due under this
				chapter for any production from or allocated to state lands for all periods
				ending after January 1, 2000.
(c)
				Absent state lessee or operator production sales reporting as required in this
				subsection, the state's zeolite lessee shall only sell or deliver any leased
				substance to any person who agrees:
(i) To
				file reports with the Office stating the price, quantity, origin, and
				disposition of all production purchased from a state lease; and
(ii) To allow an audit as provided for in
				this section.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 23 - LEASING OF ZEOLITE › Section 23-16 - Cancellation for Default

Current through July 13, 2024
(a) If any zeolite
				lessee defaults in the performance or observance of any of this chapter or any
				of the terms, covenants, or conditions of the lease under which it is
				operating, the Board may serve notice of such failure or default either by
				personal service or by certified or registered mail upon the lessee. If the
				failure or default continues for a period of thirty (30) days after service of
				the notice, the Board may declare a forfeiture and cancel the lease, whereupon
				all rights and privileges obtained by the lessee under the lease shall
				terminate and the Board may re-enter and take possession of the
				premises.
(b) This section shall
				not be construed to prevent the exercise by the Director or the Board of any
				other legal or equitable remedy which the state might otherwise have nor to
				relieve the lessee from any accrued obligation under the lease. Failure of the
				lessor to give notice of default in any particular case or waiver of a
				particular cause of forfeiture shall not prevent the cancellation and
				forfeiture of the lease for any other cause of forfeiture or for the same
				default or cause if it continues or occurs at any other time.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 24 - LEASING OF METALLIC & NON-METALLIC ROCKS & MINERALS › Section 24-1 - Authority

Current through July 13, 2024
This chapter is adopted pursuant to the authority granted in
				  W.S.
				  36-6-101(b).