reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 1 - RULES OF PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 1-7 - Conflicting Application Appeals

Current through July 13, 2024
(a) A contested
				case, as defined by
				W.S.
				16-3-101(b)(ii), shall be
				held upon the appeal of a decision of the Director in a case of conflicting
				applications to purchase, lease, enter, or otherwise acquire title to, interest
				in, benefits from, or use of the lands under the jurisdiction of the Board, as
				provided by W.S.
				W.S.
				36-3-102(a).
(b) Any applicant affected by the Director's
				decision in a case of conflicting applications may appeal the Director's
				decision to the Board by filing, with the Office of State Lands and
				Investments, a notice of appeal setting forth:
(i) The name and address of the appellant and
				the name and address of the appellant's attorney, if any,
(ii) The decision of the Director being
				appealed,
(iii) The name and
				address of each applicant adversely claiming or affected,
(iv) The legal description of the land
				involved; and
(v) A statement in
				ordinary, concise language of the facts on which the appeal is based, including
				references to any statutes or rules allegedly violated by the Director's
				decision.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 1 - RULES OF PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 1-8 - Lease Cancellation Proceedings

Current through July 13, 2024
(a) A contested
				case, as defined by
				W.S.
				16-3-101(b)(ii), shall be
				held, if requested by the lessee, before the Board cancels any lease.
(b) A lease cancellation proceeding shall be
				commenced when the Director files a "request for cancellation" in the record. A
				request for cancellation shall:
(i) Identify
				the lease requested to be cancelled; and
(ii) Allege in ordinary, concise language,
				the facts and the law which form the grounds for the cancellation.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 1 - RULES OF PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 1-9 - General Procedures for Contested Cases

Current through July 13, 2024
The following procedures apply to proceedings under Section
				  7 and
				  8 of these rules.
(a) Role of the Director. In any contested
				case, the Director shall serve as the clerk of the Board, docketing the case
				and maintaining the record of all notices, motions, transcripts, and orders
				filed in the case. The Director shall defend his or her decisions in all
				contested cases.
(b) Disposition by
				Agreement. Any contested case may be finally disposed of by stipulation,
				consent order, or default of a party when approved by the Board. Any such
				disposition shall be made by order of the Board.
(c) The Director may forward any contested
				case to the Office of Administrative Hearings.
(d) Contested cases shall be conducted
				pursuant to the Office of Administrative Hearing's uniform rules pertaining to
				contested case proceedings.
(e)
				Findings of Fact, Conclusions of Law, Orders. At a regular meeting following
				service of the recommended decision and any written exceptions, the Board shall
				make and enter into the record a written order containing findings of fact and
				conclusions of law based upon the evidence in the record. In addition, all
				matters that have been officially noticed by the Board and taken into
				consideration as a basis for its decision will be noted in that decision.
				Decisions, findings of fact, conclusions of law, and orders issued by the Board
				will be filed with the Director and constitute the final administrative
				decision in the contested case. The Director shall send a copy of any order to
				all parties within five (5) days of receipt.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 1 - RULES OF PRACTICE AND PROCEDURE BEFORE THE BOARD › Section 1-10 - Incorporation by Reference

Current through July 13, 2024
(a) The Board
				hereby incorporates by reference the following uniform rules:
(i) Chapter 2 - Uniform Rules for Contested
				Case Practice and Procedure adopted by the Office of Administrative Hearings
				and effective on October 17, 2014, found at:
https://rules.wyo.gov
.
(ii) 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, found at:
https://rules.wyo.gov
.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 3 - PHARMACY INTERNSHIP REGULATIONS › Section 3-1 - Authority

Current through July 13, 2024
(a) This chapter is promulgated under
				authority of
				W.S.
				36-2-107, and W.S. W.S.
				W.S.
				36-9-118.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 3 - PHARMACY INTERNSHIP REGULATIONS › Section 3-2 - Definitions

Current through July 13, 2024
As used in this chapter:
(a) "Board" means the Board of Land
				Commissioners.
(b) "Director" means
				the Director of the Office of State Lands and Investments.
(c) "Office" means the Office of State Lands
				and Investments.
(d) "State lands"
				means all lands under the jurisdiction of the Board of Land
				Commissioners.
(e) "Surface impact
				payment" means money paid by an easement applicant in compensation for
				potential negative impacts to the leasehold estate as a result of construction
				pursuant to an easement granted under this chapter, including, but not limited
				to, destruction of forage, disruption of grazing, agricultural, or commercial
				operations, nuisance, and inconvenience.
(f) "Surface lessee" means a holder of a
				grazing and agricultural lease or a special use lease issued in accordance with
				Chapters 4 or 5 of these rules.
(g)
				"Easement" means an interest in land which entitles the grantee of such
				interest to a limited use or enjoyment of the land in which the interest
				exists, but not ownership in the land.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 3 - PHARMACY INTERNSHIP REGULATIONS › Section 3-3 - Uses on Easements

Current through July 13, 2024
(a) The Board may
				grant easements for the following uses of state land:
(i) Ditches
(ii) Overhead wires
(iii) Pipelines
(iv) Railroads
(v) Reservoirs
(vi) Public Roads and Highways
(vii) Roadways to Private Land or
				Residences
(viii) Snow
				fences
(ix) Underground
				cables
(x) Open space
(xi) Any other appropriate use
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 3 - PHARMACY INTERNSHIP REGULATIONS › Section 3-4 - Easement Characteristics

Current through July 13, 2024
(a) Width.
				Easements should be limited to the narrowest possible width. Applicants have
				the burden of justifying the width requested in the application.
(b) Location. Easement routes that follow
				section lines or previously established roads, pipelines, or utility corridors
				are generally preferred. Field reviews and investigations, and communication
				with the surface lessees, if any, may be conducted by the Office to determine
				potential alternative locations and access routes that minimize or eliminate
				impacts to state lands.
(c)
				Duration. The Board may grant easements in perpetuity or for any term of years.
				Whenever possible and practical, and consistent with the purpose, easements
				will be issued for no greater than a thirty-five (35) year term, with an option
				for the holder of the easement to renew, upon expiration, for specified terms
				and conditions pursuant to subsection (d) of this section.
(d) Renewal of Easement Grants. Prior to the
				expiration date of any easement granted for a limited term of years, the Office
				will, during the last year of the easement, notify the easement holder of the
				impending expiration and within ninety (90) days of the expiration an
				application may be submitted for a renewal of the grant. If the renewal
				involves no change in the location or status of the original easement grant,
				the applicant may file with the application a certificate under oath setting
				out this fact, and the Board may thereupon extend the grant for an additional
				term upon payment of such consideration as the Board determines.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 3 - PHARMACY INTERNSHIP REGULATIONS › Section 3-5 - Surface Impacts

Current through July 13, 2024
(a) For all
				easements:
(i) Surface impact payments. Prior
				to commencing construction, the applicant shall remit directly to the surface
				lessee of the state land, if any, a surface impact payment in accordance with a
				schedule maintained and updated by the Office which reflects impact to the
				leasehold interest. The schedule of surface impact payments will be reviewed
				and approved by the Board annually.
(ii) Reclamation. Upon completion of
				construction, all state land disturbed by the applicant shall be restored to a
				condition and forage density reasonably similar to its original condition and
				forage density, consistent with the use of the easement. Reclamation shall
				include leveling, terracing, mulching and other necessary steps to prevent soil
				erosion and impacts to water quality, the establishment of suitable grasses and
				forbs, and control of noxious weeds and pests. The reclaimed area shall be
				restored as nearly as practical to its original condition, and the Director
				shall not require enhancements to the original condition. Upon termination,
				cancellation, or relinquishment of an easement, the grantee shall remove or
				stabilize, in the Director's discretion, any facilities placed on the land and
				restore all disturbed land.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 3 - PHARMACY INTERNSHIP REGULATIONS › Section 3-6 - Consideration for Easements

Current through July 13, 2024
(a) Market value.
				Payment for the grant of an easement shall be on a negotiated basis, but no
				easement shall be granted for less than its market value. These rules apply to
				all federal, state, county, municipal or other governmental agencies as well as
				quasi-governmental bodies or organizations the same as if they were private
				parties.
(b) Minimum.
				Notwithstanding subsection (a) of this section, the minimum consideration for
				any easement shall be two hundred fifty dollars ($250.00).
(c) Notwithstanding subsections (a) and (b)
				of this section, for roadway easements granted to the Wyoming Department of
				Transportation or any Wyoming county or municipality, the consideration for any
				portion of an easement that is congruent with an existing state highway, county
				road, or municipal street or road that was validly established prior to 1974
				shall be ten dollars ($10.00) per acre.
(d) Exchange. Notwithstanding the previous
				subsections of this section, for reasons of improved management and increased
				value of trust land, the Board may exchange an easement across state land for
				an easement of equal or greater value over land owned by another
				party.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 3 - PHARMACY INTERNSHIP REGULATIONS › Section 3-8 - Encroachment on Existing Easements and Conflicting Use

Current through July 13, 2024
(a) Applicants shall be responsible for
				determining whether or not the proposed easement would spatially encroach upon
				any existing easements or other permitted uses on state lands and for
				implementing any necessary measures to prevent or mitigate impacts on existing
				easements or uses.
(b) An easement,
				granted to a person for a specific purpose, shall not be used for other
				purposes or by other persons without the approval of the Board. The Board
				reserves the right to grant easements to additional applicants for use of the
				established route, provided that such subsequent easements do not adversely
				affect the existing easement or facility. In such cases the Director may
				require the subsequent applicant to negotiate a maintenance agreement with the
				holder of the existing easement prior to the grant of easement.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 3 - PHARMACY INTERNSHIP REGULATIONS › Section 3-9 - Standards for Construction of Easements

Current through July 13, 2024
(a) All
				construction methods and materials used on state land shall comply with
				generally accepted industry standards. Construction shall be in a manner which
				complies with laws and regulations to protect health, safety, and the
				environment.
(b) Cultural
				Resources. Steps shall be taken in the construction and use of easements to
				protect and preserve archeological, paleontological, historical and any other
				cultural resources on state land. The applicant, or holder of an easement,
				shall notify the Director immediately in the event any historic or prehistoric
				ruin or monument, or any object of historical, archeological, or scientific
				value is discovered upon the easement, and shall refrain from further
				disturbance of such area until notice to the Director, and if deemed necessary
				by the Director, inspection and clearance by the State Historic Preservation
				Office (SHPO), State Archeologist, State Geologist or other
				authorities.
(c) Timber Resources.
				Timber standing within the easement corridor may be marked by the Wyoming State
				Forestry Division, and if deemed necessary, the applicant, or holder of the
				easement, will pay the current stumpage value as determined by the Wyoming
				State Forester.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 3 - PHARMACY INTERNSHIP REGULATIONS › Section 3-10 - Construction Activity Outside Easements

Current through July 13, 2024
(a) If it is
				necessary to use state land outside the easement boundary for the purposes of
				constructing or maintaining a facility on an easement or proposed easement, a
				temporary use permit shall be secured under the provisions of Chapter 14 of
				these rules.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 3 - PHARMACY INTERNSHIP REGULATIONS › Section 3-11 - Transfers of Easements

Current through July 13, 2024
(a) Easements are
				freely transferable, however, no transfer may increase the burden on the
				servient estate or detract from the value of the state land. Any transfer of a
				state land easement, or change of name or mailing address of the easement
				holder, shall be reported to the Office within thirty (30) days of the
				transfer.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 3 - PHARMACY INTERNSHIP REGULATIONS › Section 3-12 - Bonding Provisions

Current through July 13, 2024
(a) Throughout the
				construction phase of the easement, the grantee may be required to post a bond
				with the Board in an amount, to be determined by the Director, sufficient to
				assure compliance with all terms and conditions of the easement. All bonds
				posted on easements may be used for payment of all monies, rentals, and
				royalties due to the grantor, also for costs of reclamation and for compliance
				with all other terms and conditions of the easement, and rules pertaining to
				the easement.
(b) The bond shall be
				in effect even if the grantee has conveyed all or part of the easement interest
				to an assignee, or subsequent operator until the grantee fully satisfies the
				easement obligations, or until the bond is replaced with a new bond posted by
				the assignee.
(c) Additional
				bonding to cover risks not anticipated at the time of the original grant may be
				required, at any time by the Director, provided grantor first gives grantee 30
				days written notice stating the reason and amount of the bond. The bond will
				remain in place until the unanticipated risk is diminished.
(d) Bonds may be accepted in any of the
				following forms at the discretion of the Director:
(i) Surety bond with a corporate surety
				registered in Wyoming.
(ii)
				Certificate of deposit in the name of the "Board of Land Commissioners", with a
				state or federally insured financial institution in Wyoming. The grantee shall
				be entitled to all interest payments.
(iii) Other forms of surety as may be
				acceptable to the Director.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 3 - PHARMACY INTERNSHIP REGULATIONS › Section 3-13 - Survey Plats

Current through July 13, 2024
(a) The Director
				shall only accept survey plats and legal descriptions which comply with the
				survey plat instructions incorporated into the easement application and with
				the requirements of W.S. 33-29-101 through 139.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 3 - PHARMACY INTERNSHIP REGULATIONS › Section 3-14 - Termination or Cancellation

Current through July 13, 2024
(a) Any easement
				granted by the Board may be terminated in whole or in part for failure to
				comply with any term or condition of the easement or applicable laws or
				regulations. Easement holders shall be notified of any default or failure to
				observe the terms and conditions of the easement and shall have an opportunity
				to present a proposal to correct the situation before the easement is
				terminated. Upon determining that an easement holder has violated the terms and
				conditions of the grant, and proposals are not adequate to correct the
				situation, the Board shall issue an appropriate instrument terminating the
				easement.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 4 - GRAZING AND AGRICULTURAL LEASING › Section 4-2 - Definitions

Current through July 13, 2024
As used in this chapter:
(a) "AUM" means an "animal-unit-month," which
				is equivalent to the quantity of forage necessary to sustain one cow and one
				calf for one month.
(b) "Board"
				means the Board of Land Commissioners.
(c) "Current Market Value" means the
				replacement value of the lessee's improvement at the time of transition of the
				lease, after the remaining useful life of the improvement is
				considered.
(d) "Director" means
				the Director of the Office of State Lands and Investments.
(e) "Full Management Responsibility" means
				all duties, obligations and liabilities as if the livestock were owned by the
				lessee.
(f) "Office" means the
				Office of State Lands and Investments.
(g) "Parity Ratio" means a measure of price
				received for agricultural products divided by the parity index. The parity
				ratio is an indication of the per unit purchasing power of agricultural
				commodities generally in terms of the goods and services currently bought by
				agriculturalists, in relation to purchasing power of agricultural products in
				the 1910 - 1914 base period.
(h)
				"Preference" means the elevated position of an applicant to participate in the
				vacant land bidding process as described in subsection
				6(d) of this chapter, above
				applicants who are not the owners, lessees or lawful occupants of adjoining
				lands in good standing with the Board.
(i) "Surface impact payment" means money paid
				by a user of state lands in compensation for potential negative impacts to the
				fee simple or leasehold estate, including, but not limited to, destruction of
				forage, disruption of grazing, agricultural, or commercial operations,
				nuisance, inconvenience, and for incidental use of the land surface.
(j) "Vacant land" means land not currently
				subject to a grazing and agricultural lease from the Board.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 4 - GRAZING AND AGRICULTURAL LEASING › Section 4-3 - Lease Purposes

Current through July 13, 2024
The Board may lease suitable state land for the grazing of
				  livestock, production of crops, or other agricultural purposes under the
				  provisions of this chapter.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 4 - GRAZING AND AGRICULTURAL LEASING › Section 4-4 - Term of Leases

Current through July 13, 2024
Leases for grazing or agricultural purposes shall be for a
				  term of ten years, unless a shorter term is designated in special circumstances
				  by the Board.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 4 - GRAZING AND AGRICULTURAL LEASING › Section 4-6 - Vacant Land

Current through July 13, 2024
(a) The Office may
				offer vacant land for lease, and shall do so recognizing its fiduciary duty to
				the state land trust beneficiaries and in a manner as shall inure to the
				greatest benefit of the state land trust beneficiaries.
(b) No applicant shall be qualified to lease
				vacant lands unless that applicant is qualified under the provisions of
				W.S.
				36-5-101, has actual and necessary use for
				the land, has or can gain access to the land and offers to pay an annual rental
				at not less than fair market value, as determined by the economic analysis
				pursuant to
				W.S.
				36-5-101(b), for the same or
				similar use of the land for a period of (10) years and who has not been found
				to have significantly violated any laws or regulations related to state
				lands.
(c) Conflicting
				applications. If two (2) or more applications to lease the same vacant land for
				grazing and agricultural purposes are filed within the filing periods
				established in subsection (b) of this section, they shall be considered to be
				in conflict and shall be handled under the provisions of
				W.S.
				36-3-102,
				36-5-105,
				36-5-108 and Chapter 1 of these
				rules.
(d) Specific filing periods
				for particular tracts of vacant land will be established by advertisement.
				However, before accepting applications to lease vacant land, the Director shall
				provide notice on the Office's website, and directly to each adjoining private
				landowner as recorded within the real property records with the County
				Assessor's office.
(e) Preference
				shall be given to applicants who are the owners, lessees or lawful occupants of
				adjoining lands, unless the Board determines that the preference should not be
				recognized for good cause.
(i) In instances
				where one (1) applicant is eligible for the preference and a competing bidder
				is not, the applicant eligible for the preference may elect to meet the highest
				bid of the applicants not eligible for the preference.
(ii) When two (2) or more applicants are
				eligible for the preference, in determining to which applicant to award the
				lease, the Director shall request a final bid from the applicants eligible for
				the preference in a manner as directed by the Director to determine the
				successful applicant.
(iii) When
				two (2) or more applicants are eligible for the preference and one (1) or more
				applicants are not eligible for the preference, those applicants who are
				eligible for the preference may elect to match the highest bid. If two (2) or
				more applicants who are eligible for the preference elect to meet the highest
				bid, the lease shall be awarded pursuant to subsection
				6(e)(ii) of this
				chapter.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 4 - GRAZING AND AGRICULTURAL LEASING › Section 4-7 - Rentals for Non-Conflicted Leases

Current through July 13, 2024
(a) The annual
				rental for all non-conflicted leases shall be the amount bid by the applicant,
				if accepted by the Board. In no event shall the annual rental be less than the
				minimum rate established in subsection (b) of this section.
(b) The minimum annual rental shall be:
(i) For grazing land, as established by
				formula as follows:
(A) Private land lease
				rate on a per AUM basis, averaged for the five years preceding the current
				year, as estimated by the Wyoming Agricultural Statistics Service; times the
				five year weighted average "parity ratio" for beef cattle per cwt. as
				established by the National Agricultural Statistics Service as an adjustment
				for changing resource conditions, market demand and industry viability; less
				20% to reflect contributions made by the lessee.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 4 - GRAZING AND AGRICULTURAL LEASING › Section 4-8 - Rentals for Conflicted Leases

Current through July 13, 2024
(a) In no event
				shall the annual rental be less than the minimum rate established in Section
				7(b).
(b) The maximum rental that may be accepted
				shall not be more than 120% of the maximum fair market value as determined by
				the board based on the previous year's values for the State, District or
				County, whichever is most localized and available, as determined by the
				National Agricultural Statistics Service utilizing:
(i) The private land lease rate per AUM for
				Wyoming grazing leases; or
(ii) The
				private land irrigated or nonirrigated cropland lease rate, as applicable, for
				Wyoming cropland leases on irrigated or nonirrigated cropland; and
(iii) A downward adjustment of 20 percent to
				reasonably reflect lessee contributions typically provided as a part of a
				private land grazing lease rate or a private cropland lease rate, as
				applicable.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 4 - GRAZING AND AGRICULTURAL LEASING › Section 4-9 - Assignments

Current through July 13, 2024
(a) Any grazing or
				agricultural lease assigned without the approval of the Director is subject to
				cancellation. Lessees shall request approval of assignments, pursuant to
				W.S.
				36-5-105(d), on a form
				provided by the Office.
(b) If a
				request for approval of an assignment is signed by a party other than the
				lessee, the legal instrument authorizing such signature must accompany the
				request.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 4 - GRAZING AND AGRICULTURAL LEASING › Section 4-10 - Subleases and Other Contracts

Current through July 13, 2024
(a) Any grazing and
				agricultural lease is subject to cancellation if the lessee subleases the
				leased premises or enters into any contract or agreement of any kind concerning
				the leased premises, except "price support and production adjustment" contracts
				of the Farm Service Agency, without the approval of the Director. Lessees shall
				request approval of subleases or other contracts, pursuant to
				W.S.
				36-5-105(d), by submitting a
				copy of the sublease or other agreement to the Office. In no event shall lands
				be subleased unless one-half (1/2) of the excess rental is paid to the
				State.
(b) The grazing of livestock
				that are not owned by the lessee shall not be deemed to be a sublease, contract
				or agreement concerning the leased premises as defined in subsection (a)
				provided that:
(i) The ratio of owned to
				non-owned livestock grazed by the lessee does not exceed one to one (1:1) for
				more than two (2) years in any ten (10) year period;
(ii) The lessee provides documentation of the
				lessee's grazing of non-owned livestock to the Office not more than sixty (60)
				days following the first day non-owned livestock are allowed to graze the
				leased area on a form provided by the Office; and
(iii) The lessee retains full management
				responsibility of the livestock that graze on the state lands.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 4 - GRAZING AND AGRICULTURAL LEASING › Section 4-11 - Security Interests in Leases

Current through July 13, 2024
Whenever a security interest in a leasehold is created or
				  released, the secured party shall notify the Office on a form provided by the
				  Office.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 4 - GRAZING AND AGRICULTURAL LEASING › Section 4-12 - Improvements

Current through July 13, 2024
(a) Lessees of
				state land shall have the right to construct or make improvements upon the land
				in an amount not to exceed $4,000.00 per section for each separate improvement,
				without first obtaining permission.
(b) Lessees shall request permission, on a
				form provided by the Office, prior to construction of any improvement valued in
				excess of $4,000.00 per section for each separate improvement.
(c) The Director shall have authority to
				grant permission to construct improvements in excess of $4,000.00 per section
				for each separate improvement for fencing, water development, livestock
				handling facilities and range enhancements. However, any improvement,
				regardless of value, which will restrict existing public access or alter
				existing authorized use(s) of the lands must be approved by the
				Board.
(d) Any other improvement in
				excess of $4,000.00 per section for each separate improvement shall be applied
				for under a special use lease in accordance with Wyoming Statute
				36-5-114 and Chapter 5 of Board
				rules.
(e) Any applicant applying
				to lease state lands upon which there are improvements of any kind belonging to
				another shall, before receiving the lease, pay to the Director for the use and
				benefit of the owner or maker of any improvements at the time of the execution
				of the lease, the current market value of improvements unless a different value
				is agreed to between the owner of the improvements and the applicant.
				Alternatively, the owner of the improvements shall have the right to remove the
				improvements in a manner which minimizes injury to the land; provided, that the
				improvements be removed within a period of one hundred twenty (120) days from
				the expiration of the lease or final Board decision in a related contested case
				proceeding. Should the owner of the improvements elect to remove the
				improvements, the owner must notify the Director in writing within thirty (30)
				days from the expiration of the lease or final Board decision in a related
				contested case proceeding. For the purposes of this section "contributory
				value" means the increased value of the property after the lessee's
				improvements are considered.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 4 - GRAZING AND AGRICULTURAL LEASING › Section 4-13 - Cancellation

Current through July 13, 2024
The Office shall investigate any allegation of fraud, deceit,
				  or misrepresentation in the procurement of leases and shall monitor all leases
				  for violations of lease covenants. When grounds for cancellation exist under
				  W.S.
				  36-5-113 or the terms and provisions of the
				  lease, the Director shall request that the Board cancel leases under the
				  procedure at Chapter 1, Section
				  9, of these rules.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 4 - GRAZING AND AGRICULTURAL LEASING › Section 4-14 - Weed and Pest Control

Current through July 13, 2024
Lessee is required to work in cooperation with the Office to
				  make every reasonable effort to control noxious weeds and pests. Lessee may
				  work in conjunction with County Weed and Pest Control Districts to develop
				  projects to be submitted to the Office for reimbursement pursuant to Chapter 28
				  of these rules.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 4 - GRAZING AND AGRICULTURAL LEASING › Section 4-15 - Surface Impact Payments

Current through July 13, 2024
(a) Anyone desiring
				to enter upon the leased premises shall contact the lessee prior to entry,
				unless otherwise provided in subsection (c) of this section.
(b) For all entries, the lessee may negotiate
				a surface impact payment provided that any payment is consistent with payments
				for impacts to adjacent lands. By separate checks or money orders, the payor
				shall remit the lessee's share of the surface impact payment directly to the
				lessee and the Board's share of the surface impact payment directly to the
				Office, in accordance with the following schedule:
(i) For the first five thousand dollars
				($5,000), the lessee's share shall be forty percent (40%), and the Board's
				share shall be sixty percent (60%).
(ii) For that portion of a payment exceeding
				five thousand dollars ($5,000), through ten thousand dollars ($10,000), the
				lessee's share shall be thirty percent (30%), and the Board's share shall be
				seventy percent (70%).
(iii) For
				that portion of a payment exceeding ten thousand dollars ($10,000), the
				lessee's share shall be twenty percent (20%), and the Board's share shall be
				eighty percent (80%).
(iv) For
				annual payments, the lessee's share shall be twenty percent (20%), and the
				Board's share shall be eighty percent (80%). For purposes of this section,
				"annual payments" means any portion of a surface impact payment remitted
				subsequent to the initial remittance on periodic basis, regardless of the
				length of the period.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 5 - SPECIAL USE LEASING › Section 5-1 - Authority

Current through July 13, 2024
This chapter is promulgated under the authority of
				  W.S.
				  36-2-107 and
				  W.S.
				  36-5-114 through
				  W.S.
				  36-5-116.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 5 - SPECIAL USE LEASING › Section 5-2 - Definitions

Current through July 13, 2024
As used in this chapter:
(a) "Board" means the Board of Land
				Commissioners.
(b) "Director" means
				the Director of the Office of State Lands and Investments.
(c) "Office" means the Office of State Lands
				and Investments.
(d) "Special use"
				means any use of state land other than for grazing, agriculture, the extraction
				of minerals, or uses authorized under easements granted pursuant to Chapter 3
				of the Rules and Regulations of the Board, or hunting, fishing and general
				recreational uses pursuant to Chapter 13 of the Rules and Regulations of the
				Board. Specifically, "Special use" includes leases for industrial, commercial
				and recreational (as defined by
				W.S.
				36-5-115) purposes.
(e) "Surface impact payment" means money paid
				by a user of state lands in compensation for potential negative impacts to the
				fee simple or leasehold estate, including, but not limited to, destruction of
				forage, disruption of grazing, agricultural, or commercial operations,
				nuisance, inconvenience, and for incidental use of the land surface.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 5 - SPECIAL USE LEASING › Section 5-4 - Existing Lease Impairment

Current through July 13, 2024
(a) The leased
				premises of a special use lease may coincide with the leased premises of an
				existing surface lease. Prior to issuing a special use lease, the Board shall
				determine whether or not the proposed special use lease would result in
				substantive impairment of an existing surface lease.
(b) Lessee consultation and consent. If the
				applicant obtains written consent from the existing lessee(s) to the issuance
				of a special use lease, the special use lease shall be deemed to not result in
				substantive impairment of the existing lease(s). Such consent shall also
				specify the division of mutually held lease rights, if any, as to the common
				surface area of the leases.
(c)
				Board determination. If the applicant is unable to obtain written consent from
				the existing lessee(s) to the issuance of the special use lease, the Board
				shall determine whether the issuance of the proposed special use lease will
				substantively impair the existing lease(s). The Office shall notify the
				existing lessee(s) at least 20 days before the proposed special use lease is to
				be considered by the Board.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 5 - SPECIAL USE LEASING › Section 5-5 - Term of Leases

Current through July 13, 2024
(a) Leases for
				special uses, including industrial, commercial and recreational purposes may be
				for any term, up to seventy five years, in the discretion of the
				Board.
(b) The Board shall
				determine that the proposed lease does not adversely affect its management
				goals, as set forth in its policy preamble to these rules and regulations, on
				the land proposed for lease and on the adjacent state lands during the term of
				the lease. The Board may instruct the Director to prepare a detailed analysis
				of the parcel for lease and any adjoining state lands, including:
(i) An appraisal of the market value of the
				parcels;
(ii) The income-generating
				potential of the parcel, individually and in combination with any adjoining
				state parcel;
(iii) The
				manageability of the parcel, individually and in combination with any adjoining
				state parcel;
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 5 - SPECIAL USE LEASING › Section 5-6 - Applications

Current through July 13, 2024
(a) Forms. All
				applications to lease lands for special uses shall be made on forms furnished
				by the Office. Application forms must be completed in full, setting forth the
				location and estimated value of any and all improvements to be constructed on
				the leased area. Any false or incomplete statement willfully made that
				materially affects the application will be considered as fraud, deceit, or
				misrepresentation and shall be cause for the rejection of the
				application.
(b) Signature. If an
				application is signed by a party other than the applicant, the legal instrument
				authorizing such signature, i.e., power of attorney, letters of administration,
				letters testamentary, final decree of distribution, etc., together with the
				required filing fee must accompany the application.
(c) Filing periods.
(i) For land under an expiring lease,
				applications shall be accepted for a period of 90 days prior to the expiration
				of the lease. If the expiration date falls on Saturday, Sunday or legal
				holiday, applications shall be accepted on the following workday. At least 90
				days prior to the expiration of a lease, the Office shall mail a lease
				application form to the lessee or his authorized agent.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 5 - SPECIAL USE LEASING › Section 5-7 - Rentals

Current through July 13, 2024
(a) The annual
				rental for special use leases shall be:
(i)
				The amount bid by the applicant, if accepted by the Board, or
(ii) As set by the Board as part of its
				decision in a case of conflicting applications. However, in no event shall the
				rental be less than the minimum rate as established in subsection
				(b).
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 5 - SPECIAL USE LEASING › Section 5-8 - Board Approval of Assignments

Current through July 13, 2024
(a) A special use
				lease may not be assigned without prior approval of the Board. Lessees or their
				assignees shall request Board approval of proposed assignments, pursuant to
				W.S.
				36-5-116, on a form provided by the
				Office.
(b) If a request for Board
				approval of an assignment is signed by a party other than the lessee, the legal
				instrument authorizing such signature must accompany the request.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 5 - SPECIAL USE LEASING › Section 5-9 - Subleases

Current through July 13, 2024
(a) The leased
				premises under a special use lease may not be subleased in any manner or made
				subject to any contract or other agreement of any kind, without prior approval
				of the Director. Such approval may be conditioned upon payment of additional
				rental. Lessees shall request approval of proposed subleases, by submitting a
				copy of the proposed sublease agreement to the Office.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 5 - SPECIAL USE LEASING › Section 5-10 - Security Interests in Leases

Current through July 13, 2024
(a) Whenever a
				security interest in a leasehold is created or released, the secured party
				shall notify the Office on a form provided by the Office.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 5 - SPECIAL USE LEASING › Section 5-11 - Improvements

Current through July 13, 2024
(a) The lessee
				shall request permission from the Director to construct or make any
				improvements not approved concurrently with the granting of the special use
				lease. The Director shall prepare an informational board matter pursuant to
				Chapter 1.
(b) Any applicant
				applying to lease state land shall pay to the Director the contributory value
				of improvements of any kind authorized under Section (a) of this section or the
				owner of the improvement may upon giving notice to the Director in writing
				remove only those improvements, within a 120 day period, which will not cause
				injury to the land.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 5 - SPECIAL USE LEASING › Section 5-12 - Cancellation

Current through July 13, 2024
(a) The Office
				shall investigate any allegation of fraud, deceit or misrepresentation in the
				procurement of leases and shall monitor all leases for violations of lease
				covenants. When grounds for cancellation exist under
				W.S.
				36-5-113 the terms and provisions of the
				lease, the Director shall request that the Board cancel leases under the
				procedure at Chapter 1, Section
				8, of these rules.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 5 - SPECIAL USE LEASING › Section 5-13 - Surface Impact Payments

Current through July 13, 2024
(a) Anyone desiring
				to enter upon the leased premises shall contact the lessee prior to entry,
				unless otherwise provided in subsection (c) of this section.
(b) For all entries, the lessee may negotiate
				a surface impact payment, provided that any payment is consistent with payments
				for impacts to adjacent lands. By separate checks or money orders, the payor
				shall remit the lessee's share of the surface impact payment directly to the
				lessee and the Board's share of the surface impact payment directly to the
				Office, in accordance with the following schedule:
(i) For the first five thousand dollars
				($5,000), the lessee's share shall be forty percent (40%), and the Board's
				share shall be sixty percent (60%).
(ii) For that portion of a payment exceeding
				five thousand dollars ($5,000), through ten thousand dollars ($10,000), the
				lessee's share shall be thirty percent (30%), and the Board's share shall be
				seventy percent (70%).
(iii) For
				that portion of a payment exceeding ten thousand dollars ($10,000), the
				lessee's share shall be twenty percent (20%), and the Boards share shall be
				eighty percent (80%).
(iv) For
				annual payments, the lessee's share shall be twenty percent (20%), and the
				Board's share shall be eighty percent (80%). For purposes of this section,
				"annual payments" means any portion of a surface impact payment remitted
				subsequent to the initial remittance on periodic basis, regardless of the
				length of the period.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 5 - SPECIAL USE LEASING › Section 5-14 - Bonding Provisions

Current through July 13, 2024
(a) The Board may
				require a bond as a condition of a special use lease sufficient to assure
				compliance with all terms and conditions of the lease. All bonds posted on
				special use leases may be used by the Board for payment for costs of
				reclamation and for compliance with all other terms and conditions of the lease
				and rules pertaining to the lease.
(b) The bond shall be in effect even if the
				board subsequently approves an assignment of the lease pursuant to Chapter 5,
				Section 8, of these
				rules.
(c) Additional bonding to
				cover risks not anticipated at the time of the original lease may be required
				at any time by the Director, provided the Director first gives the lessee 30
				days written notice stating the reason and amount of the bond. The bond will
				remain in place until the unanticipated risk is diminished.
(d) Bonds may be accepted in any of the
				following forms at the discretion of
(i)
				Surety bond with a corporate surety registered in Wyoming.
(ii) Certificate of deposit in the name of
				the "Board of Land Commissioners", with a state or federally insured financial
				institution in Wyoming. The lessee shall be entitled to all interest
				payments.
(iii) Other forms of
				surety as may be acceptable to the Director.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 6 - WIND ENERGY LEASING › Section 6-1 - Authority

Current through July 13, 2024
This chapter is promulgated under the authority of
				  W.S.
				  36-2-107 and
				  W.S.
				  36-5-114 through
				  W.S.
				  36-5-116.