reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 6 - WIND ENERGY LEASING › Section 6-2 - 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) "Existing Lease" means a surface or
				subsurface lease of state land or state minerals approved by the Board and in
				effect prior to the wind energy lease.
(d) "Surface Impact Payment" means money paid
				by a wind energy lessee to an existing surface lessee in compensation for
				potential negative impacts to the 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.
(e) "Wind Energy Leasing"
				means leasing of state land for the exclusive right to convert wind energy into
				electrical energy including collecting and transmitting the electrical energy
				so converted to the substation from which the electricity will be transmitted
				from the wind energy development to the interconnection of the transmission
				grid.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 6 - WIND ENERGY LEASING › Section 6-3 - Lease Purposes

Current through July 13, 2024
(a) The Board may
				lease suitable state land for wind energy development under the provisions of
				this chapter. The wind (wind resource, wind energy, or wind right) is
				considered an unseverable interest in the surface estate and the right to use
				the wind for wind energy development is included in a wind energy
				lease.
(b) The Board shall
				determine that the proposed lease does not adversely affect its management
				goals 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; and
(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 6 - WIND ENERGY LEASING › Section 6-4 - Existing Lease Impairment

Current through July 13, 2024
(a) The leased
				premises of a wind energy lease may coincide with the leased premises of an
				Existing Lease(s) and is subject to any Existing Lease(s).
(b) Prior to issuing a wind energy lease, the
				Board shall determine whether or not the proposed wind energy lease would
				result in substantive impairment of an Existing Lease(s).
(c) Upon application, the wind energy lease
				applicant shall advise the Office of the planned or contemplated improvements
				to be placed on state land and the Office shall consult with the existing
				lessee(s) to determine if the existing uses are anticipated to interfere with
				the contemplated wind energy development.
(d) The wind energy lease applicant shall
				notify the existing lessee(s) of the application and such notification shall
				include a description of the proposed use. If the wind energy lease applicant
				obtains written consent from the existing lessee(s) to the issuance of a wind
				energy lease, the wind energy lease shall be deemed to not result in
				substantive impairment of the Existing Lease(s).
(e) If the wind energy lease applicant is
				unable to obtain written consent from the existing lessee(s) to the issuance of
				the wind energy lease, the Board shall determine whether the issuance of the
				proposed wind energy lease will substantively impair the Existing Lease(s). The
				Office shall notify the existing lessee(s) at least twenty (20) days before the
				proposed wind energy 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 6 - WIND ENERGY LEASING › Section 6-5 - Term of Leases

Current through July 13, 2024
(a) Wind energy
				leases may be for any term, up to seventy-five (75) years, at the discretion of
				the Board.
(b) The Board shall set
				the term of the lease for a period that does not exceed the anticipated
				economic life of the lessee improvements for wind energy development.
(c) The Board may extend the lease term if
				the Board determines that the economic life of the proposed use has not been
				reached, provided:
(i) All of the criteria
				within this section of the rules are still met; and
(ii) The overall term of the lease does not
				exceed seventy-five (75) years.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 6 - WIND ENERGY LEASING › Section 6-6 - Applications

Current through July 13, 2024
(a) Forms and Fees.
				All applications to lease lands for wind energy development shall be made on
				forms furnished by the Office. Application forms must be completed in full,
				setting forth the proposed 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. An application fee as determined by the Office
				must be submitted as indicated on the application form.
(b) Signature. If an application is signed by
				a party other than the wind energy lease 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) Renewal periods. The wind energy lessee
				must apply for renewal on forms provided by the Office at least ninety (90)
				days prior to the expiration of a wind energy lease. In such event, lessee and
				Office shall negotiate a new wind energy lease agreement evidencing the
				additional lease term not to exceed seventy-five (75) years from the effective
				date of the original wind energy lease. Any new wind energy lease agreement
				shall contain the terms and conditions (including the total rents to be paid
				under such new lease term) agreed to by Office and lessee, and approved by the
				Board.
(d) Competitive interest. If
				two or more applications are filed to lease the same land for wind energy
				development or if competitive interest exists, the Office shall consider
				issuing a Request for Proposal (RFP) to solicit competitive wind energy lease
				offers. Prior to issuing an RFP under this Subsection, the Office shall provide
				not less than thirty (30) days notice of its intent to issue an RFP:
(i) On the Office of State Lands
				website;
(ii) In a newspaper of
				general circulation in the county or counties where the state lands are to be
				leased;
(iii) To current lessees of
				the state land and owners of adjoining lands by certified mail.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 6 - WIND ENERGY LEASING › Section 6-7 - Rentals

Current through July 13, 2024
(a) The annual
				rental for wind energy leases shall be the amount determined by the Board on an
				individual lease basis.
(b) At a
				minimum, the annual rental shall be based on fair market value as determined by
				the Office for the same or similar use of the land and any improvements owned
				by the state after an economic analysis is made. In cases where annual rental
				cannot be established based on fair market value for the same or similar use of
				the land, the minimum annual rental shall be the greater of one thousand
				dollars ($1000.00) or five and one-half percent (51/2%) of the appraised land
				value and any improvements owned by the state.
(c) All rental rates are subject to review
				and adjustment if specified in the wind energy lease.
(d) All rental payments are due and payable
				at the Office on the dates specified within the wind energy lease.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 6 - WIND ENERGY LEASING › Section 6-8 - Board Approval of Assignments

Current through July 13, 2024
(a) A wind energy
				lease may not be assigned without prior approval of the Board.
(b) Lessees or their assignees shall request
				Board approval of proposed assignments on a form provided by the
				Office.
(c) 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 6 - WIND ENERGY LEASING › Section 6-9 - Director Approval of Subleases

Current through July 13, 2024
(a) The leased
				premises under a wind energy 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.
(b) 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 6 - WIND ENERGY LEASING › Section 6-10 - Improvements

Current through July 13, 2024
(a) Prior to
				construction, the wind energy lessee shall submit to the Office for approval a
				detailed description and location of the lessee improvements to be placed on
				state land.
(b) The Office shall
				approve the lessee improvements and locations thereof provided:
(i) The wind energy lessee is in compliance
				with the wind energy lease;
(ii)
				Substantive impairment to any Existing Lease(s) will not result (unless the
				existing lessee consents);
(iii)
				Lessee improvements on state land are necessary for wind energy conversion to
				electricity on state land; and
(iv)
				Impacts to state land are minimized.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 6 - WIND ENERGY LEASING › Section 6-11 - 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.
(b) When grounds for
				cancellation exist, 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 6 - WIND ENERGY LEASING › Section 6-12 - Surface Impact Payments and Surface Use Agreements

Current through July 13, 2024
(a) Any wind energy
				lease applicant desiring to survey the state lands shall contact the existing
				surface lessee(s) prior to entry and comply with Chapter 16 of the Rules and
				Regulations of the Board of Land Commissioners.
(b) For all entries on the state land by the
				wind energy lessee or contactors thereof that occur during the term of the wind
				energy lease in which there is to be actual or potential negative impacts as
				defined in Section
				2(e) of these rules to the
				surface leasehold estate, the wind energy lessee and the existing surface
				lessee(s) shall negotiate a Surface Impact Payment. The wind energy lessee
				shall remit directly to the existing surface lessee(s) the Surface Impact
				Payment and provide evidence of such payment to the Office.
(c) If the wind energy lessee is unable to
				reach an agreement with an existing surface lessee(s) regarding a Surface
				Impact Payment and having negotiated with the existing surface lessee(s) in
				good faith for a period of ninety (90) days after having provided sufficient
				information to the existing surface lessee(s), the wind energy lessee and/or
				the existing surface lessee(s) may submit evidence to the Office to establish
				the Surface Impact Payment.
(i) The evidence
				and any information the Director deems relevant will be analyzed by the
				Director, whereupon, the Director will enter an order establishing the Surface
				Impact Payment and recommend the decision to the Board for final
				approval.
(ii) Either party may
				appeal the Director's decision. The petition shall be treated as a contested
				case pursuant to
				W.S.
				16-3-107 et seq. A hearing officer shall
				preside over the contested case hearing and make a recommended decision. The
				decision of the Board establishing the Surface Impact Payment shall constitute
				final agency action.
(iii) The wind
				energy lessee may immediately enter the state lands while the Office is
				establishing and the Board is approving the Surface Impact Payment, upon
				providing the Office with a deposit for the Surface Impact Payment in an amount
				determined by the Office. When the Director enters an order establishing the
				Surface Impact Payment, the Office shall forward the Surface Impact Payment to
				the existing surface lessee and return any excess money on deposit to the wind
				energy lessee, without interest.
(iv) The costs of the contested case hearing,
				including hiring a hearing officer, shall be paid in equal shares by the wind
				energy lessee and the existing surface lessee(s).
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 6 - WIND ENERGY LEASING › Section 6-13 - Financial Assurances

Current through July 13, 2024
(a) The Board shall
				require financial assurances as a condition of a wind energy lease sufficient
				to assure compliance with all terms and conditions of the lease including
				decommissioning and site reclamation.
(b) Financial assurances shall remain in
				effect even if the Board subsequently approves an assignment of the wind energy
				lease pursuant to Chapter 6, Section
				8, of these rules unless or until assignee
				provides adequate and sufficient financial assurances.
(c) Additional financial assurances to cover
				risks not anticipated at the time of the original wind energy lease may be
				required at any time by the Director, provided the Director first gives the
				wind energy lessee sixty (60) days written notice stating the reason for and
				the amount of the additional financial assurance. The Director shall prepare an
				informational board matter pursuant to Chapter 1 whenever such additional
				financial assurances are required. The financial assurance will remain in place
				until the unanticipated risk is diminished.
(d) Financial assurance may be accepted in
				any of the following forms at the discretion of the Director with consideration
				of credit worthiness, financial strength, credit history, credit rating, and
				debt:
(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 wind energy
				lessee shall be entitled to all interest payments.
(iii) Other forms of assurance such as
				corporate guarantee, letter of credit, insurance policy, security interest in
				net salvage value, or other forms 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 7 - DISPOSITION OF STATE IN-KIND ROYALTY OIL & GAS › Section 7-2 - Definitions

Current through July 13, 2024
As used in this chapter:
(a) "Board" means the Board of Land
				Commissioners.
(b) "Beneficiaries"
				means the State Land Trust and any other entity specifically designated as the
				beneficiary of lands administered under this chapter.
(c) "Director" means the Director of the
				Office of State Lands and Investments.
(d) "Eligible Products" includes gasoline,
				kerosene, diesel fuel, and such other refined products as the Board may
				determine to be in demand within the State of Wyoming forming a part of the
				total output of an eligible refinery.
(e) "Eligible Refiner" means a refiner whose
				refining operations are conducted entirely within the State of Wyoming and who
				is unable to purchase sufficient crude oil to continue to operate its refinery
				at the rated capacity. Neither the refiner nor any of its related companies may
				be engaged in exporting crude oil from the State of Wyoming. The refiner must
				be one which produces eligible products as a part of its total
				output.
(f) "Lessee" means the
				person, firm, association, or corporation in whose name an oil lease appears on
				record in the Office.
(g) "Market
				Price" means the highest price offered in an open bid/negotiation process by an
				eligible refiner, qualified marketer, or responsible bidder and accepted by the
				Board as indicative of the value of the Board's production royalty.
(h) "Office" means the Office of State Lands
				and Investments.
(j) "Qualified
				Marketer" means any party engaged in the daily marketing of crude oils or
				natural gas on a national or regional market basis, who handles at least
				$20,000,000 in oil or gas sales with non-affiliated entities per
				year.
(k) "Purchaser" means
				eligible refiner and/or responsible bidder to whom the Board has awarded an
				in-kind royalty oil contract.
(m)
				"Responsible Bidder" means one who routinely buys and sells crude oil or
				natural gas in the marketplace that can demonstrate financial and performance
				responsibility related to the volumes of royalty oil bid. The term may include,
				but is not limited to, resellers and refiners.
(n) "Royalty Oil" means crude oil and lease
				condensate from gas wells taken in kind when the Board exercises its authority
				to take its royalty from the lessees of state lands in kind rather than in cash
				payment.
(o) "Royalty Gas" means
				natural gas taken in kind when the Board exercises its authority to take its
				royalty from the lessees of state lands in kind rather than in cash
				payment.
(p) "State Lands" means
				all subsurface resource lands under the jurisdiction and control of the
				Board.
(q) "Volumetric
				Substantiation" means a refinery slate schedule detailing the refined products
				to be derived from in-kind royalty oil, and a notation of the sales disposition
				within the state for each product.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 7 - DISPOSITION OF STATE IN-KIND ROYALTY OIL & GAS › Section 7-3 - General Policy

Current through July 13, 2024
(a) The Board shall
				dispose of royalty oil and gas in a manner as shall, in the judgment of the
				Board, inure to the greatest benefit of the state land trust
				beneficiaries.
(b) The Board may
				dispose of royalty oil and gas, pursuant to this chapter, to eligible refiners,
				responsible bidders, and qualified marketers at no less than the market
				price.
(c) Royalty oil sales to
				eligible refiners is intended as a temporary measure to allow crude
				stock-deficient Wyoming refiners to continue to operate within the state, where
				no other sources of crude stocks are available to them at market
				prices.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 7 - DISPOSITION OF STATE IN-KIND ROYALTY OIL & GAS › Section 7-4 - Sale of Royalty Oil to Eligible Refiners

Current through July 13, 2024
(a) Any
				eligible refiner who is interested in purchasing royalty oil may file with the
				Office a request to be notified of any royalty sales. After the Board has
				decided to sell its royalty oil, the Office shall notify all eligible refiners
				who have made this request of the proposed sale.
(b) An eligible refiner may file an
				application to purchase royalty oil within thirty (30) days after the Director
				has, upon the direction of the Board, determined that royalty oil should be
				sold to eligible refiners within the state. An application, which shall be
				filed at the Office, shall include the following information:
(i) The full name and address of the
				applicant; the location of the refinery to be supplied; and a complete
				disclosure of applicant's affiliation or association with any other
				refinery.
(ii) A certified
				statement that the applicant is an eligible refiner.
(iii) A certified statement, including
				volumetric substantiation, that the applicant will make diligent efforts to
				market the products of the royalty oil within the state.
(iv) The capacity of the refinery to be
				supplied, the amount of royalty oil requested by the applicant, the kinds of
				refined products the applicant presently produces, and where refined products
				are being or will be marketed.
(v)
				The amount of additional crude oil needed to meet either existing refining
				capacity or the amount needed to meet the additional capacity which is
				projected to come on stream during the period of the royalty oil sale
				contract.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 7 - DISPOSITION OF STATE IN-KIND ROYALTY OIL & GAS › Section 7-5 - Sale of Royalty Oil and Gas to Responsible Bidders

Current through July 13, 2024
(a) For royalty oil and gas bid sales to
				responsible bidders, the Office will solicit bids under the terms and
				conditions, and for the royalty production only, as set out in its bid package.
				When offering in-kind royalty oil or gas for bid, the Board reserves the right
				to reject any or all bids, and to waive any informality or technical defect
				regarding any bid. The Board will award bid contracts to the most responsive
				and responsible bidders. No bidder will be allowed to withdraw its bid for a
				period of the earlier of forty-five (45) days having expired or until the
				successful bidder has entered into a contract with the Board.
(b) The Office may make such investigation as
				it deems necessary to determine the ability of a bidder to make payment and the
				bidder shall promptly furnish to the Office all such information and data for
				this purpose as the Office may request. If the bidder does not supply
				information requested by the Office in a timely manner, the Office may
				determine the bidder is unresponsive and may disqualify the bidder.
(c) Submission of a bid will indicate
				acceptance by the bidder of the provisions and terms contained in the
				applicable royalty sales contract contained in the bid package. The successful
				bidder will be required to enter into a formal contract with the
				Board.
(d) The Director shall
				examine all bids filed by responsible bidders to a royalty volume sale, and
				shall award upon Board approval, royalty oil or gas to the bidder(s) offering
				the highest price for the oil or gas available for the period available,
				relying on market indices and comparable value experiences for like production
				in quality and general location.
(e) The successful responsible bidder shall
				purchase the Board's entire monthly crude oil/ condensate or natural gas
				in-kind royalty available from the leases or wells contracted during the term
				of the contract.
(f) The purchase
				term for oil and gas sales to responsible bidders shall be for no greater than
				six months from the contract effective date, and monthly thereafter by
				agreement of both parties, in writing, subject to Board approval.
(g) Unless waived by the Board, the
				successful responsible bidder must furnish performance and payment bonds
				guaranteeing the faithful performance of the contract and the payment
				thereunder. Bonds are to be in a sum sufficient to cover the estimated monthly
				production for two (2) months of all of the Board's crude oil/condensate and
				three (3) months for all of the Board's gas royalties taken in-kind as bid and
				remain in force for a period of two (2) months after delivery cessation for oil
				and three (3) months for gas.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 7 - DISPOSITION OF STATE IN-KIND ROYALTY OIL & GAS › Section 7-6 - Use of Qualified Marketers

Current through July 13, 2024
The Office is authorized to negotiate, for Board approval,
				  any terms for contracting its oil or gas royalty in-kind with any qualified oil
				  or gas marketer. Marketers shall take possession of all of the Board's royalty
				  in-kind made available at the wellhead and negotiate all the terms for lease
				  transfer, volume transportation, delivery scheduling, and sale
				  value.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 7 - DISPOSITION OF STATE IN-KIND ROYALTY OIL & GAS › Section 7-7 - Exchanges

Current through July 13, 2024
(a) The Office is authorized to exchange
				crude oil and natural gas on an equal value basis with any of its lessees or
				operators, responsible bidders, or eligible refiners in order to obtain a
				ultimate sales price that is greater than that which would have been received
				for the same collective volume of oil or gas on a cash royalty basis.
(b) Royalty oil and gas purchased by eligible
				refiners or responsible bidders or marketed by qualified marketers may be
				exchanged for other crude oil or gas only if the exchange operates to minimize
				transportation, distribution, and handling costs and does not serve to reduce
				the amount of refined products for existing available markets within the state
				or the market value of the oil or gas delivered. Exchange agreements will not
				be effective until approved by the Director.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 7 - DISPOSITION OF STATE IN-KIND ROYALTY OIL & GAS › Section 7-8 - Notice to Lessees or Operators

Current through July 13, 2024
At least forty-five (45) days in advance, the Office shall
				  notify each lessee or operator under the Board's oil and gas leases involved
				  that the lessee or operator shall deliver the Board's royalty oil or gas in
				  kind and in what manner the delivery of that production in kind will take
				  place. This notice shall specify the time period for delivery and to whom
				  delivery is to be made.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 7 - DISPOSITION OF STATE IN-KIND ROYALTY OIL & GAS › Section 7-9 - Responsibilities of Lessees and/or Operators

Current through July 13, 2024
(a) Sales
				reporting and payment responsibilities for RIK deliveries reside with the
				Board's "purchaser." Operator/lessees are responsible for reporting produced
				volume delivered to the Board's "purchaser."
(b) The Board's lessees and operators shall
				not be responsible for crude oil or natural gas beyond the points of delivery
				and shall not be responsible for costs or penalties imposed by a transporter
				against the Board's RIK purchased volumes. Purchasers shall not be liable for
				underpayments resulting from under-deliveries by the Board's lessees/operators
				if such lessees/operators under-deliver RIK production. Lessees/operators will
				be responsible for under-delivered volumes in excess often percent (10%) at the
				price bid by the Board's "purchaser " for those volumes. Variances that are
				less than ten percent (10%) shall be made up in the next month after
				identification thereof. Variances resulting in under-deliveries of greater than
				ten percent (10%) shall be settled by a cash call on the Board's mineral
				lessee/operator at the amount noted above.
(c) Lessees/operators shall not be
				interrupted or unduly delayed as a result of the Board's taking royalty
				production RIK insofar as disposition of non-RIK production
				remaining.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-1 - Authority

Current through July 13, 2024
(a) These rules and regulations are
				promulgated under the authority granted by
				W.S.
				36-1-112,
				36-2-107.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-2 - Definitions

Current through July 13, 2024
As used in this chapter:
(a) "Applicant" means any person or persons,
				firm, association, or corporation who files an "Application for Forest Products
				Sale" from state lands.
(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) "Forest
				Products" means any portion of woody vegetation which includes but is not
				limited to logs, pulpwood, poles, posts, rails, railroad ties, props, Christmas
				trees, firewood, boughs, cones, and transplants.
(f) "State lands" means all lands under the
				jurisdiction of the Board of Land Commissioners.
(g) "Surface lessee" means the person or
				persons, firm, association, or corporation whose name appears on record in the
				Office as surface lessee of state land.
(h) "Appraisal" means the method of
				determining the value for forest products to be sold. Appraised value results
				from considering in part; the value of past sales, quantity and quality of
				forest products, distance to markets, road and other work
				requirements.
(i) "Bid Sale" means:
(i) A forest products sale with a total
				anticipated value greater than five thousand dollars ($5,000.00).
(ii) A forest products sale with a value less
				than five thousand dollars ($5,000.00) where two or more bidders have expressed
				interest in purchasing the sale.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-3 - Forest Products Sales

Current through July 13, 2024
(a) Forest products
				sales from state lands will be in accordance with sound forest management
				practices. The State Forester will prepare and submit to the Director an annual
				work plan that will outline anticipated forest products bid sales to be
				initiated during the next year.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-4 - Application for Forest Products Sale

Current through July 13, 2024
(a) An application
				is required for permit and bid sales not initiated by the Director.
(b) A complete application form will be
				submitted with the required application fee. Application fees are not
				refundable.
(c) If forest products
				are located on noncontiguous sections or parcels of state land, separate
				applications may be required.
(d)
				State land for which a forest products application has been made will be
				inspected to determine if harvest of forest products is appropriate. If
				appropriate, the requested sale will be prepared and sold in accordance with
				the provisions of these rules.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-5 - Preparation for Sale

Current through July 13, 2024
(a) Forest products
				will be offered for sale in accordance with legal survey descriptions of the
				land and sold according to legal subdivisions as established by the United
				States Public Survey, or by metes and bounds description.
(b) A forest products sale may be prepared on
				an entire section or in individual cutting units or blocks.
(c) Forest products will be marked, or
				designated for harvest.
(d) Access
				to treatment area will be determined. Access to state lands is not guaranteed
				by the Board.
(e) The State
				Forester shall recommend the time period during which forest products may be
				harvested and removed.
(f) The
				minimum acceptable price for designated forest products will be determined by
				appraisal.
(g) The surface lessee
				will be notified prior to commencing proposed sales or management activity. The
				surface lessee will be given fifteen (15) days to submit written comments to
				operations occurring on the land.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-6 - Purchase Price

Current through July 13, 2024
(a) The purchase
				price of forest products is independent of administrative fees.
(b) The purchase price of forest products
				shall be as follows:
(i) Personal Use Sales
				will be fair market value.
(ii)
				Permit Sales will be based on the most recent competitive bidding for
				comparable products in the same proximity. Forest Management Sales may be sold
				as a Permit Sale. The Director shall prepare an informational board matter
				pursuant to Chapter 1.
(iii) Bid
				Sales will be based on the minimum bid as determined by appraisal, with sale
				awarded to high bidder in accordance with Section
				8 of these rules.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-7 - Advertising Bid Sales

Current through July 13, 2024
(a) Subject to the
				requirements of subsection (b), the State Forester may give notice of a forest
				products sale using any means deemed appropriate.
(b) The Forest Products Sales' notices shall
				state the time, place, forest products description, sale terms, and shall be
				advertised a minimum of fifteen (15) days prior to the sale date. All parties
				known by the State Forester to be interested in purchasing the forest products,
				shall be informed by mail or electronically.
(c) The cost of newspaper advertising must be
				paid by the ultimate purchaser of the timber.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-8 - Competitive Bidding

Current through July 13, 2024
(a) Competitive
				bidding for forest products from state land shall be conducted by the Director
				or his agent.
(b) No sale, made by
				competitive bidding shall be final until approved.
(c) The Board reserves the right to reject
				any and all bids.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-9 - Bid Guarantee

Current through July 13, 2024
(a) A Bid guarantee
				shall be required for Bid Sales. The bid guarantee shall be by a certified
				check, cashier's check, or bank money order payable to the Office of State
				Lands and Investments. The bid guarantee shall be a minimum of five hundred
				dollars ($500.00). When the forest products contract is executed and required
				payments, bonds, and deposits are submitted, the bid guarantee will be applied
				to the payment.
(b) If the
				successful bidder does not sign the offered forest products contract and
				furnish the required payments within ninety (90) days of Board approval, the
				offered contract will be withdrawn. The successful bidder's bid guarantee is
				non-refundable. An extension of time to sign the contract and make the required
				payments may be granted if a written request outlining circumstances is
				submitted and approved during the ninety (90) day period.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-10 - Performance Bonds

Current through July 13, 2024
(a) A performance
				bond may be required for sales where the purchaser has performance obligations
				as terms of the forest products contract. Bond amounts shall be the amount
				necessary to cover the expense of contractual obligations but not less than ten
				percent (10%) of the total sale value, or five hundred dollars ($500.00),
				whichever is greater. Cash bond, performance bond or an approved, irrevocable
				letter of credit are acceptable.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-11 - Permits and Contracts

Current through July 13, 2024
(a) A purchaser of
				any sale shall execute a written contract detailing terms and conditions of
				harvesting, removal and payment.
(b) The forest products contract may be
				extended if the Director is notified by the purchaser in writing, at least
				thirty (30) days prior to expiration date and the purchaser provides valid
				reasons why an extension is required.
(c) A forest products contract may be
				assigned by the Director or transferred when submitted, executed, and
				recorded.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-12 - Payments

Current through July 13, 2024
(a) Payment shall be paid in full, or as
				specified by the contract, before operations can begin. Contracts may provide
				for payment in installments but payment shall always precede harvesting of the
				proportional amount of volume.
(i) All
				payments shall be made payable to the Office of State Lands and
				Investments.
(ii) Payment for bid
				guarantee, cash bonds and deposits shall be by certified check, cashier's check
				or bank money order.
(iii) Payment
				for sales may be by personal or company check, certified funds or
				cash.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-13 - Slash Disposal Deposits

Current through July 13, 2024
(a) Slash disposal
				deposits shall be required for all sales except where heavy slash accumulation
				is not anticipated. The slash disposal deposit will be used for slash disposal
				or refunded based upon the amount of work completed by the purchaser. Partial
				refunds may be made.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 8 - SALE OF FOREST PRODUCTS FROM STATE LANDS › Section 8-14 - Forestry Fees

Current through July 13, 2024
(a) The fee for
				application of forest products sales shall be in accordance with Chapter 17 of
				these rules.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 9 - GOVERNING FIRE DANGER CLOSURES › Section 9-2 - Definitions

Current through July 13, 2024
As used in this chapter:
(a) "Closure" means the imposition of
				restrictions on, or prohibition of, designated activities within a defined area
				under the authority of
				W.S.
				35-9-301.
(b) "Unimproved areas'' means the fire
				restriction area shall include all county and private lands within the
				restricting County except lands within the incorporated cities and
				towns.
(c) "Campfire" means a fire,
				not within a building, mobile home or living accommodation, mounted on a
				vehicle or contained in a permanent fixture (incinerator, outdoor fireplace or
				BBQ grill). A campfire is any fire kindled for warmth, cooking, light,
				branding, religious or ceremonial purposes.
(d) "Campsite" means any specific area within
				organized campgrounds or other recreation areas that could be used for
				overnight stays by an individual, a single camping family, group, or other
				similar entity.
(e) "Fire Ring"
				means a construction or device used to contain campfires and prevent them from
				spreading and turning into wildfires. A fire ring is designed to contain a fire
				that is built directly upon the ground, such as a ring made of forged metal,
				stones, concrete, etc.
(f)
				"Restriction" means a limitation on an activity or use.
(g) "Fireworks" means any item covered by
				W.S.
				35-10-201
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 9 - GOVERNING FIRE DANGER CLOSURES › Section 9-3 - Closure Orders

Current through July 13, 2024
A board of county commissioners shall order a closure of an
				  area due to fire danger only upon proper showing by the county fire warden of
				  evidence supporting the need for a closure. Closures shall be by written order
				  which shall designate the exact area subject to the order, the activities
				  restricted or prohibited, and the date the closure is to be implemented.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 9 - GOVERNING FIRE DANGER CLOSURES › Section 9-4 - Notification of State Forester

Current through July 13, 2024
Whenever a board of county commissioners orders a Stage 1
				  restriction, Stage 2 restriction or the closure of an area due to fire danger,
				  the county fire warden shall immediately send a copy of the order to the State
				  Forester.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 9 - GOVERNING FIRE DANGER CLOSURES › Section 9-5 - Implementation of Closure Orders

Current through July 13, 2024
A restriction or closure, as provided in Section
				  8 shall be implemented immediately or as
				  defined in the order upon execution and notification shall be made to the State
				  Forester.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 9 - GOVERNING FIRE DANGER CLOSURES › Section 9-6 - Public Notification

Current through July 13, 2024
The State Forester shall provide an avenue to be used to
				  notify the public of Stage 1 restrictions and Stage 2 restrictions and full
				  closures under this chapter. The State Forester shall cooperate with all
				  relevant local, state, and federal agencies to ensure that the public is
				  notified of the restriction or closure.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 9 - GOVERNING FIRE DANGER CLOSURES › Section 9-7 - Enforcement of Closure Orders

Current through July 13, 2024
The State Forester shall cooperate with all relevant local,
				  state, and federal agencies to enforce Stage 1 and Stage 2 restrictions, and
				  closure orders in the identified area.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 9 - GOVERNING FIRE DANGER CLOSURES › Section 9-8 - Restricted, Prohibited and Allowable Activities

Current through July 13, 2024
Descriptions of restricted, prohibited, and allowable
				  activities under Stage 1 restrictions, Stage 2 restrictions, and Closures are
				  provided below:
(a) Stage 1
				Restrictions
(i) Discharge of fireworks and
				all outdoor fires are prohibited in unimproved areas.
(ii) Only campfires at residences or
				campsites, within a fire ring centered within a minimum of a 15ft. cleared
				radius of burnable materials.
(iii)
				Trash or refuse fires between the hours of 6:00 p.m. and 8:00 a.m., inside
				containers provided with spark arresters and located within a cleared radius of
				a minimum of 15ft. of burnable materials.
(iv) Charcoal fires within enclosed grills
				are permitted.
(v) Use of acetylene
				cutting torches, electric arc welders, or metal grinding in a cleared radius of
				15ft. burnable materials are permitted.
(vi) The use of portable stoves, lanterns
				using gas, jellied petroleum, pressurized liquid fuel or fully enclosed
				(sheepherder type) stove and open fire branding activities in a cleared radius
				of 15ft of burnable materials is permitted.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 9 - GOVERNING FIRE DANGER CLOSURES › Section 9-9 - Termination of Restrictions and Closure Orders

Current through July 13, 2024
A board of county commissioners may terminate the restriction
				  or closure order by rescinding the closure order upon a proper showing of
				  evidence by the county fire warden that the fire danger no longer warrants the
				  closure order. The county fire warden shall immediately notify the State
				  Forester if a restriction or closure order is terminated.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 9 - GOVERNING FIRE DANGER CLOSURES › Section 9-10 - Exemption from closure orders

Current through July 13, 2024
The following persons are exempt from the restrictions, and
				  closure orders:
(a) Any federal,
				state, or local officers engaged in fire, emergency, and law enforcement
				activities.
(b) Any member of
				rescue or firefighting force engaged in performance of an official
				duty.
(c) Exceptions to these
				restrictions and closures can be made in writing by the appropriate
				jurisdictional entity.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 11 - STATE LANDS EXCLUSIVE COMMERCIAL AND NON-EXCLUSIVE SCIENTIFIC FOSSIL PERMITS › Section 11-1 - Authority

Current through July 13, 2024
(a) The authority for these rules is based on
				W.S.
				36-2-107. The Board is solely responsible for
				interpretation of these rules.
Wyoming Administrative Code › Agency 060 - Lands and Investments, Office of › Sub-Agency 0002 - Land Commissioners, Board of › Chapter 11 - STATE LANDS EXCLUSIVE COMMERCIAL AND NON-EXCLUSIVE SCIENTIFIC FOSSIL PERMITS › Section 11-2 - Ownership of Fossils

Current through July 13, 2024
(a) All fossils and
				paleontological deposits on state lands are the property of the State of
				Wyoming and removal of specimens from these lands shall not be allowed unless
				authorized by the Board of Land Commissioners.