reglab/statecodes huggingface dataset:
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 24-2 - 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, metallic & non-metallic rocks & minerals 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 24 - LEASING OF METALLIC & NON-METALLIC ROCKS & MINERALS › Section 24-3 - General Provisions

Current through July 13, 2024
(a) The Board may,
				without prior notice, withdraw specific lands from leasing for metallic &
				non-metallic rocks & minerals when it appears reasonably necessary to
				protect the economic or environmental interests of the beneficiaries. Any party
				desiring to lease lands for metallic & non-metallic rocks & minerals
				which have been withdrawn may request that a withdrawal be rescinded in whole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 metallic & non-metallic rocks & minerals
				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 metallic & non-metallic rocks & minerals 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 metallic & non-metallic rocks & minerals lease or approve an
				assignment of an interest in an existing metallic & non-metallic rocks
				& minerals 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 metallic & non-metallic rocks &
				minerals 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 24 - LEASING OF METALLIC & NON-METALLIC ROCKS & MINERALS › Section 24-4 - 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 24 - LEASING OF METALLIC & NON-METALLIC ROCKS & MINERALS › Section 24-5 - Leasing Procedures

Current through July 13, 2024
(a) Metallic &
				non-metallic rocks & minerals 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 metallic & non-metallic rocks & minerals 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 24 - LEASING OF METALLIC & NON-METALLIC ROCKS & MINERALS › Section 24-6 - Rentals

Current through July 13, 2024
(a) The annual rental payments on all
				metallic & non-metallic rocks & minerals 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 24 - LEASING OF METALLIC & NON-METALLIC ROCKS & MINERALS › Section 24-7 - Royalties

Current through July 13, 2024
(a) Royalties for metallic & non-metallic
				rocks & minerals 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:
Sales Value
Royalty
per Ton Percentage
$00.01 to $50.00
5%
$50.01 to $100.00
7%
$100.01 to $150.00
9%
$150.01 and up
10%
but in no case will royalty be less than fifty cents
				  ($0.50)/ton
(b) After a
				metallic & non-metallic rocks & minerals lease becomes an operating
				lease, the Board may reduce the royalty payable to the state, as to all or any
				of the lands or formations covered by the lease, if it determines that such a
				reduction is necessary to allow the lessee to undertake additional operations
				or to continue to operate with a reasonable expectation that the operations
				will be profitable. Such a reduction in the royalty payable to the state shall
				in all cases be conditioned upon the cancellation of all cost-free interests.
				The Board may also impose other conditions to the reduction in
				royalty.
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 24-8 - Lease Term

Current through July 13, 2024
(a) Metallic &
				non-metallic rocks & minerals leases shall be for a primary term often (10)
				years.
(b) The term of a metallic
				& non-metallic rocks & minerals 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 24 - LEASING OF METALLIC & NON-METALLIC ROCKS & MINERALS › Section 24-9 - 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 metallic
				  & non-metallic rocks & minerals;
(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 24 - LEASING OF METALLIC & NON-METALLIC ROCKS & MINERALS › Section 24-10 - 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 24 - LEASING OF METALLIC & NON-METALLIC ROCKS & MINERALS › Section 24-11 - 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.
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 24-12 - 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 24 - LEASING OF METALLIC & NON-METALLIC ROCKS & MINERALS › Section 24-13 - Relinquishment

Current through July 13, 2024
(a) A metallic & non-metallic rocks &
				minerals 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 24 - LEASING OF METALLIC & NON-METALLIC ROCKS & MINERALS › Section 24-14 - 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 metallic & non-metallic rocks &
				  minerals. 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 24 - LEASING OF METALLIC & NON-METALLIC ROCKS & MINERALS › Section 24-15 - 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 metallic & non-metallic rocks & minerals 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 metallic
				& non-metallic rocks & minerals 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 24 - LEASING OF METALLIC & NON-METALLIC ROCKS & MINERALS › Section 24-16 - Cancellation for Default

Current through July 13, 2024
(a) If any metallic
				& non-metallic rocks & minerals 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, and if such failure or default continues for a period of
				thirty (30) days after the 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 lessor 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 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-1 - Authority

Current through July 13, 2024
This chapter is adopted pursuant to the authority granted in
				  W.S.
				  36-6-101(b).
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-2 - 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, metallic & non-metallic rocks & minerals 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 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-3 - General Provisions

Current through July 13, 2024
(a) The Board may,
				without prior notice, withdraw specific lands from leasing for sand and gravel,
				borrow material, and rip-rap rock when it appears reasonably necessary to
				protect the economic or environmental interests of the beneficiaries. Any party
				desiring to lease lands for sand and gravel, borrow material, and rip-rap rock
				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 sand and gravel, borrow material, and riprap rock
				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 sand and gravel, borrow material, and rip-rap rock 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 sand and gravel, borrow material, and rip-rap rock lease or approve an
				assignment of an interest in an existing sand and gravel, borrow material, and
				rip-rap rock 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 sand and gravel, borrow material, and rip-rap
				rock 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 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-4 - 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 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-5 - Leasing Procedures

Current through July 13, 2024
(a) Sand and
				gravel, borrow material, and rip-rap rock 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 sand and gravel, borrow material, and rip-rap rock 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 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-6 - Rentals

Current through July 13, 2024
(a) The annual rental payments on all sand
				and gravel, borrow material, and rip-rap rock leases shall be:
(i) One dollar ($1.00) per acre.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-7 - Royalties

Current through July 13, 2024
(a) Royalties for sand and gravel, borrow
				material, and rip-rap rock 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) Sand and gravel $0.60/ton or
				$0.90/yd3
(ii) Borrow
				material/common fill dirt $0.25/yd3
(iii) Rip-rap rock $1.50/ton
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-8 - Lease Term

Current through July 13, 2024
(a) Sand and
				gravel, borrow material, and rip-rap rock leases shall be for a primary term of
				two (2) years.
(b) The term of a
				sand and gravel, borrow material, and rip-rap rock 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 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-9 - 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 sand and
				  gravel, borrow material, and rip-rap rock;
(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 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-10 - 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 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-11 - 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 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-12 - Relinquishment

Current through July 13, 2024
(a) A sand and gravel, borrow material, and
				rip-rap rock 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 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-13 - 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. The lessee
				  shall submit each lease statement within thirty (30) days of the last day of
				  the month of sales for sand and gravel, borrow material, and rip-rap rock. The
				  lessee shall attach to the 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 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-14 - 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 sand and gravel, borrow material, and rip-rap rock 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 sand and
				gravel, borrow material, and rip-rap rock 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 25 - LEASING OF SAND AND GRAVEL, BORROW MATERIAL, AND RIP-RAP ROCK › Section 25-15 - Cancellation for Default

Current through July 13, 2024
(a) If any sand and
				gravel, borrow material, and rip-rap rock 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 26 - LAND ACQUISITION AND DISPOSAL › Section 26-2 - Definitions

Current through July 13, 2024
(a) As used in this
				chapter:
(i) "Board" means the Board of Land
				Commissioners.
(ii) "Director"
				means the director of the Office of State Lands and Investments.
(iii) "Office" means the Office of State
				Lands and Investments.
(iv)
				"Parcel" means a tract of real property, or an interest in real property
				constituting less than fee simple title.
(v) "Responsible bidder" means a bidder at
				public auction who tenders, at the auction, funds in accordance with Subsection
				7(b) of this
				chapter.
(vi) "Surface lessee"
				means a holder of a grazing and agricultural lease, special use lease, or wind
				energy lease issued in accordance with Chapters 4, 5, or 6 of the Board's
				rules.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 26 - LAND ACQUISITION AND DISPOSAL › Section 26-3 - Acquisition Procedure

Current through July 13, 2024
(a) Any person,
				including the Director, may identify a parcel for the Board to acquire as state
				trust land. Parcels identified for possible acquisition shall be placed on the
				Category I Acquisition List by the Office.
(b) The Office shall review all parcels
				appearing on the Category I Acquisition List for suitability for acquisition.
				If the Director determines that a parcel may be suitable for acquisition, the
				Director shall move the parcel onto the Category II Acquisition List. Any
				parcel that the Director has not moved onto the Category II Acquisition List
				within one year, shall be removed from the Category I Acquisition
				List.
(c) The Category I and
				Category II Acquisition Lists shall be held in confidence by the Office and the
				Board.
(d) The Office shall review
				all parcels appearing on the Category II Acquisition List and prepare a
				detailed analysis of each parcel. The analysis shall include:
(i) An estimate of the market value of the
				parcel, individually and in combination with other state trust lands;
(ii) The income-generating potential of the
				parcel, individually and in combination with other state trust lands;
				and
(iii) The manageability of the
				parcel, individually and in combination with other state trust lands.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 26 - LAND ACQUISITION AND DISPOSAL › Section 26-4 - Disposal Procedure

Current through July 13, 2024
(a) Any person,
				including the Director, may identify a state trust parcel for disposal by the
				Board. Parcels identified for possible disposal shall be placed on the Category
				I Disposal List by the Office.
(b)
				The Office shall review all parcels appearing on the Category I Disposal List
				for suit- ability for disposal. If the Director determines that a parcel may be
				suitable for disposal, the Director shall move the parcel onto the Category II
				Disposal List. Any parcel that has not been moved onto the Category II Disposal
				List within one year, shall be removed from the Category I Disposal
				List.
(c) The Office shall make the
				Category I and Category II Disposal Lists available to the public.
(d) For each parcel on the Category II
				Disposal List, the Office shall:
(i) Notify
				any surface lessees of the parcel, the Wyoming Department of State Parks and
				Cultural Resources, and the Wyoming Game & Fish Department of the proposed
				disposal; and
(ii) Prepare a
				detailed analysis of the parcel, including:
(A) An appraisal of the market value of the
				parcel;
(B) The income-generating
				potential of the parcel, individually and in combination with other state trust
				lands;
(C) The manageability of the
				parcel, individually and in combination with other state trust lands;
(D) The existence and importance of any
				wildlife habitat and wildlife-oriented recreational opportunities located on
				the parcel, as determined by the Wyoming Game & Fish Department;
				and
(E) The existence and
				importance of any public recreational opportunities or cultural resources
				located on the parcel, as determined by the Wyoming Department of State Parks
				and Cultural Resources;
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 26 - LAND ACQUISITION AND DISPOSAL › Section 26-5 - Exchanges

Current through July 13, 2024
Any person, including the Director, may propose a land
				  exchange by placing the parcels to be acquired by the Board in the exchange on
				  the acquisition list in accordance with Section
				  3 of this chapter, and placing the parcels
				  to be conveyed by the Board in the exchange on the disposal list in accordance
				  with Section
				  4 of this chapter. If the Board approves
				  both the acquisition, pursuant to the procedure in Section
				  3, and the disposal, pursuant to the
				  procedure in Section
				  4, of the parcels comprising the exchange
				  proposal, the Office shall complete the exchange.