§ 36-1-101. Definitions.

1. Unless the context indicates otherwise, as used in this act:
   1. The term “board” shall mean the board of land commissioners;
   2. The term “director” means the director of the office of state lands and investments;
   3. The term “state” shall mean the state of Wyoming;
   4. The terms “state lands”, “land” or “lands” shall mean and include all lands under the jurisdiction of the board of land commissioners;
   5. The terms “school land” or “school lands” shall mean and include all lands granted to the state of Wyoming by the United States of America for the benefit and support of public schools, either directly or through exchange for other lands;
   6. The term “institutional lands” shall mean state lands selected for the benefit of state institutions or any lands other than school lands;
   7. The term “old lessee” means the person, firm, association or corporation in whose name the expiring lease appeared of record in the office of state lands and investments at the time of its expiration;
   8. “This act” means W.S. 36-1-101 through 36-3-111 , 36-5-101 through 36-7-510 and 36-9-101 through 36-9-120 .

History. Laws 1929, ch. 108, § 1; R.S. 1931, § 91-101; C.S. 1945, § 24-101; W.S. 1957, § 36-1; Laws 1992, ch. 55, § 3; 1998, ch. 13, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 36-1-102. Recording and filing documents of title.

Every department, institution, board and commission of the state of Wyoming which now has or shall hereafter acquire an interest in real property, except leases, easements and rights-of-way for a term not exceeding three (3) years, shall record the document of title with the appropriate county clerk, unless previously recorded, and after recording, shall file the original document with the director excepting, however, easement and right-of-way conveyances previously obtained by the state department of transportation or state transportation commission. This section shall have no effect on existing recording statutes.

History. Laws 1975, ch. 140, § 1; W.S. 1957, § 36-1.1; Laws 1991, ch. 241, § 3; 1992, ch. 55, § 3.

§ 36-1-103. Computation of time after registered notice.

When the provisions of this act or the rules and regulations of the board require registered notice to be given, the time shall be reckoned from the date of delivery of such notice by the United States post office, or in the event of nondelivery thereof, from the date of the return thereof to the board by the United States post office.

History. Laws 1929, ch. 108, § 19; R.S. 1931, § 91-119; C.S. 1945, § 24-120; W.S. 1957, § 36-2.

Cross references. —

For civil rule as to computation of time, see Rule 6, W.R.C.P.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 36-1-101(a)(viii).

§ 36-1-104. Acceptance of school lands.

Under the provisions of article 18 of the constitution of the state of Wyoming, the state of Wyoming hereby accepts the lands granted to it by the act of congress entitled “An act to provide for the admission of the state of Wyoming into the union, and for other purposes”, approved July 10, 1890 [26 Statutes at Large 222, Ch. 664], for the purposes in the said act specified; and hereby accepts the grant of numbered school sections mineral in character as made by the act of congress entitled “An act confirming in states and territories title to lands granted by the United States of America in aid of common or public schools”, approved January 25, 1927 [43 U.S.C. §§ 870, 871], subject to the provisions and conditions of the said act, and the said lands so granted by the United States of America to the state of Wyoming are hereby solemnly set apart to the purposes specified in the said acts.

History. Laws 1929, ch. 108, § 6; 1931, ch. 40, § 1; R.S. 1931, § 91-106; C.S. 1945, § 24-106; W.S. 1957, § 36-3.

Cross references. —

As to terms of payment for school and state lands sold, see § 36-9-107 .

Cited in

Mayor v. Board of Land Comm'rs, 64 Wyo. 409, 192 P.2d 403, 1948 Wyo. LEXIS 7 (1948).

§ 36-1-105. Exchange of land granted by federal government.

Whenever, in the judgment of a majority of the members of the board, the interests of the state will be advanced by granting, conveying or deeding to the United States of America, any lands which have been heretofore granted, selected by, and patented to the state, then, in such case said board is hereby authorized and empowered to so grant, convey and deed to the United States of America, such lands. And the president of said board, and the director are authorized and empowered to execute and deliver all necessary instruments to complete such grant, or conveyance; provided, always, that no such lands shall be so granted, conveyed and deeded, unless the United States of America shall, and will permit and allow this state to select, and have patented to it, an equal area of other lands in lieu of the lands so reconveyed to the United States of America; provided, however, that the state shall not give both surface and mineral rights with any lands exchanged unless it receives the same from the federal government.

History. Laws 1929, ch. 108, § 22; R.S. 1931, § 91-122; C.S. 1945, § 24-123; W.S. 1957, § 36-4; Laws 1992, ch. 55, § 3.

Law reviews. —

For comment, “Wyoming School Trust Lands Trapped Inside Grand Teton National Park — Alternative Solutions for the Commissioner of Public Lands,” see XX Land & Water L. Rev. 207 (1985).

§ 36-1-106. Exchange of state-owned and federal-owned lands.

The state of Wyoming, in accordance with the provisions of the Taylor Grazing Act [43 U.S.C. § 315 et seq.] and other acts of congress authorizing the exchange of federal-owned lands, is hereby authorized and empowered to exchange state-owned lands for federal-owned lands.

History. Laws 1935, ch. 76, § 1; C.S. 1945, § 24-126; Laws 1955, ch. 30, § 1; W.S. 1957, § 36-5.

Cross references. —

As to Taylor Grazing Act funds, see § 9-4-401 et seq.

§ 36-1-107. Exchange of state-owned and privately owned lands.

The state of Wyoming is also authorized to exchange state-owned lands for privately owned lands.

History. Laws 1935, ch. 76, § 2; C.S. 1945, § 24-127; W.S. 1957, § 36-6.

Cross references. —

As to sale of state lands, see chapter 9 of this title.

§ 36-1-108. Pole Mountain district of Medicine Bow national forest; history and relinquishment of legislative jurisdiction by federal government.

1. By W.S. 19-7-301 , the legislature of the state of Wyoming ceded exclusive jurisdiction to what was then known as Fort Francis E. Warren, now referred to as Warren Air Force Base and at the same time, exclusive jurisdiction was extended to future additions to such post. The Pole Mountain district of the Medicine Bow national forest was set aside for military purposes by Executive Order No. 4245, dated June 5, 1925, as amended by Public Land Order No. 1897, dated July 10, 1959. Use for military purposes terminated in accordance with Public Land Order No. 2446, dated July 20, 1961.
2. By the act of August 27, 1964 (Public Law 88-494, 78 Stat. 611) the secretary of agriculture was authorized to relinquish to the state of Wyoming such measure of legislative jurisdiction as he deemed desirable over such lands. On December 24, 1964, Orville L. Freeman, secretary of the department of agriculture, United States of America, notified the governor of the state of Wyoming that the United States relinquishes and retrocedes to the state of Wyoming any and all legislative jurisdiction heretofore acquired by the United States over lands within the Medicine Bow national forest constituting the area known as the Pole Mountain district, created as above stated, to take effect upon acceptance of such jurisdiction by the state of Wyoming.

History. Laws 1965, ch. 182, § 1; W.S. 1957, § 36-6.1; 1998, ch. 99, § 2.

§ 36-1-109. Pole Mountain district of Medicine Bow national forest; acceptance by state.

The state of Wyoming hereby accepts legislative jurisdiction over the Pole Mountain district of the Medicine Bow national forest.

History. Laws 1965, ch. 182, § 2; W.S. 1957 § 36-6.2.

§ 36-1-110. Authority of director to effect and complete exchanges.

The director is hereby authorized and empowered, subject to the approval of the state board of land commissioners, to effect and complete such exchange of state-owned lands for federal-owned lands; and also to effect and complete such exchange of state-owned lands for privately owned lands; and to do any and all things necessary or required to be done by the state of Wyoming in order to enable said state to comply with the provisions of said Taylor Grazing Act and other acts of congress authorizing the exchange of federal-owned lands, and any order, rule or regulation passed or promulgated in pursuance thereof; and to effect and complete the exchange of state-owned lands for privately-owned lands. The board of land commissioners may authorize the purchase of lands only in an amount necessary to effect and complete the exchange of state-owned lands for other lands and only for those lands identified in the authorization of purchase. The board shall not use the power of eminent domain pursuant to W.S. 1-26-801 et seq. to purchase any lands under this section.

History. Laws 1935, ch. 76, § 3; C.S. 1945, § 24-128; Laws 1955, ch. 30, § 2; W.S. 1957, § 36-7; Laws 1992, ch. 55, § 3; 1999, ch. 87, § 1.

Taylor Grazing Act. —

The federal Taylor Grazing Act, referred to in this section, appears as 43 U.S.C. § 315 et seq.

§ 36-1-111. Orders, rules and regulations relative to exchange of lands.

1. The board of land commissioners is hereby authorized and empowered to pass and promulgate all such orders, rules and regulations as may be necessary or required relative to the appraisal and valuation of the lands to be exchanged as provided in this act, and to provide for the execution of conveyances, contracts and other instruments pertaining to the exchange of the lands, and to enable the director to effect and complete each exchange of the lands. The board may authorize the purchase of lands only in an amount necessary to effect and complete the exchange of state-owned lands for other lands and only for those lands identified in the authorization of purchase. The board shall not use the power of eminent domain pursuant to W.S. 1-26-801 et seq. to purchase any lands under this section. The board of land commissioners is authorized to promulgate rules and regulations necessary to implement the exchange of state lands on a value for value basis. The exchange program may authorize a cash equalization receipt or payment of up to twenty-five percent (25%) of the value of the lands exchanged. Any receipt shall be deposited into, and any payment shall be made from, the permanent land fund. State lands may be exchanged upon the board’s finding the exchange is necessary to:
   1. Make state lands more manageable where the lands are not otherwise manageable;
   2. Meet a specific need of a school or community for land;
   3. Better meet the multiple use objectives for the benefit of the trust; or
   4. Realize a clear long term benefit to the trust which substantially exceeds the present and probable future benefit from continued ownership.

History. Laws 1935, ch. 76, § 4; C.S. 1945, § 24-129; W.S. 1957, § 36-8; Laws 1992, ch. 55, § 3; 1997, ch. 200, § 1; 1999, ch. 87, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 36-1-101(a)(viii).

Repealing clauses. —

Laws 1935, ch. 76, § 5, repealed all laws and parts of laws in conflict therewith.

§ 36-1-112. Cutting of timber by lessee of state lands prohibited; general penalty for violations; damages.

1. The lessee of state lands shall in no case be allowed to cut or use more timber therefrom, than shall be necessary for the improvement of such lands, or for fuel for the use of the family of the lessee. The director may, in his discretion and subject to criteria established by the board, sell and dispose of timber located or growing on state lands, at not less than the reasonable market value thereof.
2. Removal of forest products from state lands is permitted only under a valid contract or small sale permit. Any person who knowingly or with reckless disregard removes forest products from state lands without proper authorization is guilty of a misdemeanor and shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned for not more than six (6) months, or both. In addition to these penalties, a person removing forest products from state lands without proper authorization is liable for damages up to the amount of three (3) times the bid value of the most recent auction of similar species and product, or the appraised value whichever is greater, plus actual restoration and administrative costs.

History. Laws 1929, ch. 108, § 23; R.S. 1931, § 91-123; C.S. 1945, § 24-124; W.S. 1957, § 36-9; 1997, ch. 200, § 1; 2006, ch. 95, § 1.

Cross references. —

As to disposal of slashings and debris on timber lands, see § 36-3-109 .

As to driving or floating logs, timber or lumber on streams, see § 41-5-108 .

The 2006 amendment, effective July 1, 2006, rewrote (b), deleting designations (i) and (ii) regarding settlement negotiation provisions and inserting penalty and fees for removal of forest products from state land without authorization.

Repealing clauses. —

Laws 1929, ch. 108, § 25, repealed all laws and parts of laws in conflict therewith.

Law reviews. —

For comment, “State Participation in Federal Policy Making for the Yellowstone Ecosystem: A Meaningful Solution or Business as Usual?” see XXI Land & Water L. Rev. 397 (1986).

Am. Jur. 2d, ALR and C.J.S. references. —

Constitutionality of reforestation or forest conservation legislation, 13 ALR2d 1095.

§ 36-1-113. [Repealed.]

Repealed by Laws 1997, ch. 200, § 2.

Editor's notes. —

This section, which derived from Laws 1897, ch. 77, § 1, related to a conditional right to cut and use timber from public lands.

§ 36-1-114. Protection of prehistoric ruins; permits to excavate, regulations and violations.

Before any excavation on any prehistoric ruins, pictographs, hieroglyphics, or any other ancient markings, or writing or archaeological and paleontological deposits in the state of Wyoming on any state or federal lands, shall be undertaken, a permit shall first be obtained from the state board of land commissioners. The state board of land commissioners is hereby authorized to promulgate and enforce such regulations as it may deem needful to protect from vandalism or injury the prehistoric ruins, relics, archaeological and paleontological deposits of the state, as well as all natural bridges and natural scenic features and formations. Any violation of such regulations shall be a misdemeanor.

History. Laws 1935, ch. 37, § 1; C.S. 1945, § 24-131; W.S. 1957, § 36-11; 2007, ch. 33, § 1.

The 2007 amendment, effective July 1, 2007, substituted “state or federal” for “public” and deleted “either state or federal.”

Law reviews. —

For article, “Industrial Siting Legislation: The Wyoming Industrial Development Information and Siting Act — Advance or Retreat?” see XI Land & Water L. Rev. 27 (1976).

Am. Jur. 2d, ALR and C.J.S. references. —

Application and construction of § 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470f), dealing with federally sponsored projects which affect historic properties, 68 ALR Fed 578.

Library References. —

American Law of Mining, 2nd Edition § 176.03 (Matthew Bender).

§ 36-1-115. Protection of prehistoric ruins; consent to removal from state.

No person shall remove from the state of Wyoming any part of any such ruins or deposit except with the consent of the state board of land commissioners. Said board may require, as a condition to such consent, that such portion of such relics, materials, or deposit as said board shall require, shall forever remain the property of the state of Wyoming.

History. Laws 1935, ch. 37, § 2; C.S. 1945, § 24-132; W.S. 1957, § 36-12.

§ 36-1-116. Protection of prehistoric ruins; penalty.

1. Except as provided by subsection (d) of this section, any person violating any of the provisions of this act shall be guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00), or imprisoned in the county jail not more than six (6) months, or by both fine and imprisonment, and shall forfeit to the state all articles and materials discovered by or through his efforts.
2. Persons holding permits or leases on state lands may not sublease or subcontract archeological or paleontological removal without prior written approval of the board.
3. All state leases are subject to inspection by state or county law enforcement agencies or their designees for violation of W.S. 36-1-114 and 36-1-115 .
4. Any person who, for monetary gain or for commercial or any other purpose, removes any archeological or paleontological artifacts in violation of W.S. 36-1-114 or 36-1-115 with a cumulative value in excess of five hundred ($500.00), shall be guilty of a felony and upon conviction shall be fined up to ten thousand dollars ($10,000.00), imprisoned for up to ten (10) years, or both.

History. Laws 1935, ch. 37, § 3; C.S. 1945, § 24-133; W.S. 1957, § 36-13; 1997, ch. 200, § 1.

Meaning of “this act.” —

For the definition of “this act” as used in this section, see § 36-1-101(a)(viii).

§ 36-1-117. Sale or trade of state lands; hearing upon request of county commissioners.

No sale or trade of any state land including state land currently held by the state of Wyoming shall be made without a public hearing in the county in which the land is located if a hearing is requested by the county commissioners.

History. Laws 1980, ch. 53, § 2.

Editor's notes. —

Prior to 1987, this section had been set out as an uncodified editor's note following § 36-12-109 .

§ 36-1-118. Sale of experimental farms and stations.

1. The board of trustees of the University of Wyoming is authorized and empowered on behalf of the state to sell and to execute any document of title necessary to convey title to any agricultural experimental farm or station in Uinta county, in Laramie county and if in existence before January 1, 2003, in Goshen county, title to which is held in the name of the state of Wyoming, provided:
   1. The sale is made for adequate consideration and complies with all statutory requirements;
   2. Proceeds of the sale shall be credited to the University of Wyoming.

History. Laws 1991, ch. 181, § 1; 2003, ch. 147, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 36-1-119. Posting notice of restrictions to public lands; restrictions; penalties.

1. No person shall post a notice on any public land or on a public road as defined by W.S. 24-1-133(b) restricting access to public lands unless the restriction has been approved by the governing body having jurisdiction over the public land.
2. For purposes of this section “public land” means any land under the jurisdiction of the board of land commissioners or under the jurisdiction of any political subdivision of the state which the public is authorized to use without obtaining legal permission from a private landowner.
3. The governing body or its authorized representative having jurisdiction over the public land shall issue a written demand to any person who unlawfully posts a notice in violation of subsection (a) of this section directing that the notice be removed within three (3) days following receipt of the notice. The demand shall be delivered in person by a peace officer or mailed by both first class mail and certified mail return receipt requested to the person’s last known mailing address. Any person who knowingly posts an illegal notice or who fails to remove an illegal notice within three (3) days after receiving the demand from the governing body is guilty of a misdemeanor. If the person cannot be personally served because he deliberately made himself unavailable for service, or refused to accept delivery of the demand by certified mail, then he shall be guilty of a misdemeanor if he fails to remove the illegal notice within five (5) days after the demand was mailed to him by the governing body. Any person convicted of a misdemeanor under this section shall be punished by a fine up to six hundred dollars ($600.00) for each day the person fails to remove the illegal notice. For a second or subsequent offense, the penalty shall be a fine of not more than six hundred dollars ($600.00) per day, and up to six (6) months in jail, or both.
4. It shall be a defense to any charge under this section, that severe weather or other circumstance not within control of the person charged prevented removal of the notice.

History. Laws 2002, Sp. Sess., ch. 13, § 1.

§ 36-1-120. Posting of public access to state lands; signage.

1. The office of state lands and investments shall supervise the placement of signs on state lands readily identifiable by the office, using trained volunteers. The signs shall indicate that the land is administered by the board of land commissioners.
2. The signage shall be placed:
   1. On identifiable state land that has legal access;
   2. To reasonably identify state land that is adjacent to, or contiguous with, private land and which is accessible to the public for hunting, fishing or recreation.
3. The signage shall include notice that:
   1. Motorized vehicles shall be confined to established roads; and
   2. Use of the state land is subject to board of land commissioners’ rules.
4. For purposes of this section, “state land” means any land under the jurisdiction of the board of land commissioners, which the public is authorized to use without obtaining legal permission from a private landowner.

History. Laws 2003, ch. 169, § 1.

§ 36-1-121. Conservation easements.

1. Except for any conservation easement received or accepted by the board before the effective date of this act [§§ 36-1-101 through 36-1-121 ], the board shall not accept or receive any conservation easement pursuant to W.S. 34-1-202 .
2. Except for any conservation easement received or accepted by the board before the effective date of this act, the board shall not be considered a “holder” pursuant to W.S. 34-1-201(b)(ii)(A).

History. Laws 2008, ch. 26, § 1.

Effective dates. —

Laws 2008, ch. 26, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 4, 2008.

Articles 2 and 3. [Reserved]

§ 36-1-401. Definitions.

1. As used in this article:
   1. “Division” means the Wyoming state forestry division of the office of state lands and investments;
   2. “Emergency fire” means a fire located in a rural area which is, or clearly threatens to be, beyond the fire control resources of the county responsible for suppression of the fire or the state if the fire is located on state lands;
   3. “Emergency fire suppression account” or “account” means the account created by W.S. 36-1-402 ;
   4. “Participating county” means a county which has entered into a contract with the division to participate in the emergency fire suppression account and has paid the assessments provided by W.S. 36-1-404 .

History. Laws 1986, ch. 51, § 1; 2005, ch. 231, § 1; 2008, ch. 116, § 1.

The 2005 amendment, effective July 1, 2005, substituted “account” for “fund” in (a)(iv).

The 2008 amendment, substituted “office of state lands and investments” for “state land office” in (a)(i).

Laws 2008, ch. 116, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

Cited in

State v. Black Hills Power, Inc., 2015 WY 99, 2015 Wyo. LEXIS 114 (Aug. 3, 2015).

§ 36-1-402. Emergency fire suppression account; creation; investment of funds; authorized expenditures; reversion of funds from division.

1. There is created the emergency fire suppression account. The account shall include all legislative appropriations, all assessments paid into the account by participating counties and all income from investments of monies in the account. Appropriations to the account shall not lapse at the end of any fiscal period.
2. The state treasurer shall invest any portion of the funds in the account which the state forester determines is not needed for immediate use. Investments shall be made as authorized by W.S. 9-4-715(a), (d) and (e).
3. Upon written approval of the state forester, expenditures shall be made out of the account to participating counties and the division for the actual costs of suppressing emergency fires.
4. If the state forester determines monies in the account may be insufficient to make reimbursement for the full cost of suppressing all emergency fires occurring or which may occur during the year, he may delay paying reimbursement to any entity until the close of the program year at which time available monies shall be prorated among those entitled to reimbursement at an amount less than one hundred percent (100%).
5. In addition to expenditures made out of the emergency fire suppression account pursuant to subsection (c) of this section, up to five hundred thousand dollars ($500,000.00) may be expended from the account by the division each fiscal year for bark beetle mitigation projects. Any expenditures under this subsection are subject to the availability of funds in the account and shall only be expended on or after July 1 of each fiscal year and upon approval of the governor. These funds may be expended for bark beetle mitigation on private, state or federal lands pursuant to memoranda of agreement entered into by the division and any appropriate local, state or federal agency. This subsection is repealed effective June 30, 2020.
6. Notwithstanding W.S. 9-2-1008 , 9-2-1012(e) and 9-4-207 , general funds appropriated to the division which are unexpended and unobligated and which would otherwise lapse and revert pursuant to W.S. 9-4-207 (a) at the end of a biennium shall revert to the emergency fire suppression account. This subsection shall not be construed to apply to any appropriation to a special revenue fund or revolving account within the division.

History. Laws 1986, ch. 51, § 1; 1996, ch. 112, § 2; 2005 ch. 231, § 1; 2008, ch. 113, § 2; 2017, ch. 87, § 1; 2019, ch. 124, § 1.

The 2005 amendment, effective July 1, 2005, deleted “within the trust and agency fund” in the first sentence in (a).

The 2008 amendment, effective July 1, 2008, substituted “W.S. 9-4-715(a), (d) and (e)” for “W.S. 9-4-711 ” in (b).

The 2017 amendment , added (e).

Laws 2017, ch. 87, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 1, 2017.

The 2019 amendment, effective July 1, 2019, added (f).

Appropriations. —

Laws 2004, ch. 95, § 2, subsection 60, effective July 1, 2004, appropriates $2,580,000 to the county emergency fire suppression fund [account]. Of this, $764,490 from the general fund, and $992,500 from federal funds are appropriated effective immediately (March 5, 2004).

Laws 2005, ch. 227, § 1, appropriates $375,000 from the general fund to the state forestry division for the purpose of leasing a helicopter for fire suppression for a period of up to 120 days during the fire season. The act authorizes four additional seasonal positions for the state forestry division to provide helicopter support services and, when not engaged in fire suppression activities, to perform forestry project work pursuant to § 36-2-108(b). The division is to obtain additional helicopter crew support as appropriate from local and county fire service entities.

Laws 2005, ch. 227, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

Cited in

State v. Black Hills Power, Inc., 2015 WY 99, 2015 Wyo. LEXIS 114 (Aug. 3, 2015).

§ 36-1-403. Powers and duties of state forester.

1. The state forester shall:
   1. Administer the emergency fire suppression account;
   2. Enter into contracts on behalf of the division with counties desiring to participate in the account;
   3. Establish and collect assessments from participating counties in accordance with this article;
   4. Adopt rules governing the administration of the emergency fire suppression account and to carry out the purposes of this article.

History. Laws 1986, ch. 51, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Cited in

State v. Black Hills Power, Inc., 2015 WY 99, 2015 Wyo. LEXIS 114 (Aug. 3, 2015).

§ 36-1-404. Participation by counties; assessments; withdrawal from participation; forfeiture of assessments for failure to pay assessments.

1. Counties desiring to participate in the emergency fire suppression account shall enter into a written contract with the state forester and shall pay the assessments provided for in this section.
2. Each participating county shall pay an annual assessment to the account in an amount equal to:
   1. Four-tenths of a cent ($.004) per acre for each acre of private land in the county as determined by reference to the current equality state almanac published by the department of administration and information; plus
   2. An amount equal to .00002 times the assessed valuation of the county.
3. Participation in the account shall be on a fiscal year basis and annual assessments shall be paid on or before July 15 of each year in which the county elects to participate in the account.
4. Repealed by Laws 2008, ch. 8, § 2.
5. Any county electing to participate in the account in any year may become a participating county by paying an initial assessment equal to the annual assessment computed for that county under subsection (b) of this section multiplied by three (3).
6. Any county electing to withdraw from participation in the account or failing to pay the annual assessment when due shall forfeit all of its rights to the account and any assessments previously paid by that county shall remain in the account.

History. Laws 1986, ch. 51, § 1; 1987, ch. 197, § 1; 2001, ch. 134, § 1; 2003, ch. 109, § 1; 2005, ch. 76, § 1; ch. 231, § 1; 2008, ch. 8, §§ 1, 2.

The 2005 amendments. —

The first 2005 amendment, by ch. 76, § 1, effective July 1, 2005, in (d), substituted “five million dollars ($5,000,000.00)” for “three million dollars ($3,000,000.00)” and “four million dollars ($4,000,000.00)” for “two million four hundred thousand dollars ($2,400,000.00).”

The second 2005 amendment, by ch. 231, § 1, effective July 1, 2005, substituted “account” for “fund” in (c).

See the conflicting legislation note. This section is set out incorporating the amendments by both 2005 acts.

The 2008 amendment, deleted “Except as provided in subsection (d) of this section,” at the beginning of the introductory language of (b); and repealed former (d), which provided for abatement of county assessments for the emergency fire suppression account.

Laws 2008, ch. 8, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 3, 2008.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

Cited in

State v. Black Hills Power, Inc., 2015 WY 99, 2015 Wyo. LEXIS 114 (Aug. 3, 2015).

§ 36-1-501. Definitions.

1. As used in this article:
   1. “Division” means the Wyoming state forestry division of the office of state lands and investments;
   2. “Good neighbor authority” means an agreement between the division, the bureau of land management and the United States forest service to allow the state to perform forestry services on bureau of land management and forest service lands as specified in the agreement;
   3. “Wyoming state forestry good neighbor authority revolving account” or “account” means the account created by W.S. 36-1-502 .

History. Laws 2020, ch. 93, § 1.

Effective date. — Laws 2020, ch. 93, § 2, makes the act effective July 1, 2020.

§ 36-1-502. Wyoming state forestry good neighbor authority revolving account; creation; investment of funds; authorized expenditures.

1. There is created the Wyoming state forestry good neighbor authority revolving account. The account shall include all legislative appropriations, federal funds, county funds, partner funds, funds generated from good neighbor authority projects or other federally funded cooperative forest management projects and all income from investments of monies in the account. If a contract is entered into pursuant to W.S. 36-1-503(a)(iii), funds in the account may be expanded on good neighbor authority projects prior to receipt of federal fund reimbursements. Funds deposited into the account are continuously appropriated to the state forester to be expended only as provided in this section. Unless otherwise specifically provided, appropriations to the account shall not lapse or revert at the end of any fiscal period.
2. Upon written approval of the state forester, expenditures shall be made out of the account for good neighbor authority projects or other cooperative forest management projects.

History. Laws 2020, ch. 93, § 1.

Effective date. — Laws 2020, ch. 93, § 2, makes the act effective July 1, 2020.

§ 36-1-503. Powers and duties of state forester.

1. The state forester shall:
   1. Administer the account;
   2. Ensure that all funds generated from good neighbor authority projects or other federally funded cooperative forest management projects are deposited in the account;
   3. Enter into contracts on behalf of the division for good neighbor authority projects or other federally funded cooperative forest management projects funded through the account;
   4. Adopt rules governing the administration of the account and to carry out the purposes of this article;
   5. Have the authority to partner with one (1) or more counties on good neighbor authority projects or other cooperative forest management projects and disburse funds from the account for these purposes.
2. The state forester may hire additional employees as necessary to conduct good neighbor authority projects or other federally funded cooperative forest management projects funded through the account. Employees hired under this subsection shall be funded using federal funds deposited in the account. The state forester shall not fill more than one (1) full-time employee position and four (4) at-will employee contract positions under this subsection.

History. Laws 2020, ch. 93, § 1.

Effective date. — Laws 2020, ch. 93, § 2, makes the act effective July 1, 2020.

§ 36-2-101. Composition; powers generally.

The governor, secretary of state, state treasurer, state auditor, and superintendent of public instruction, being constituted a “board of land commissioners” by the provisions of section 3, article 18, of the constitution of the state of Wyoming, shall as such board, have the direction, control, leasing, care and disposal of all lands heretofore or hereafter granted or acquired by the state for the benefit and support of public schools or for any other purpose whatsoever, subject to the limitations contained in the constitution of the state, and the laws enacted by the legislature. The board shall have the power and authority to take such official action as may be necessary in securing title to land grants, or any other lands acquired by the state. The board shall oversee the compensatory mitigation credit system established under W.S. 9-19-201 through 9-19-204 and shall promulgate rules and regulations in accordance with W.S. 9-19-201 through 9-19-204 .

History. Laws 1929, ch. 108, § 2; R.S. 1931, § 91-102; C.S. 1945, § 24-102; W.S. 1957, § 36-14; Laws 2020, ch. 112, § 3.

The 2020 amendment, effective October 1, 2020, added the last sentence.

Editor's notes. —

Following the words “constitution of the state of Wyoming,” this section as enacted contained the words “as amended by amendment No. 8.” They were omitted by the 1931 compiler.

Laws 2007, ch. 25, directed and authorized the board of land commissioners to convey its right, title and interest, in described parcels of land to the department of state parks and cultural resources and the game and fish commission. There was appropriated an amount not to exceed six million dollars ($6,000,000.00) from the budget reserve account to the state land board for the period beginning with the effective date of the act and ending June 30, 2008 for purposes of funding the purchases.

Notice to old lessee. —

Section 36-5-108 must be read in pari materia with art. 18, § 3, Wyo. Const., and with this section and § 36-3-102 . When so read, it becomes clear that § 36-5-108 requires 15 days' notice to be given to the old lessee after the rental has been finally fixed — either by the board approving the recommendation of the commissioner of public lands (now director of the office of state lands and investments) or by taking some other action. There can be no doubt that the board is free to follow, or to modify or to disregard, what the commissioner (now director) has recommended. Reese v. Bruegger Ranches, 463 P.2d 23, 1969 Wyo. LEXIS 172 (Wyo. 1969).

Mandamus to require lease issuance not available. —

Where mineral lease applicant had adequate remedy by appeal from contest proceeding before the board to determine priority of applications for mineral prospectors' leases under board rules, mandamus to require issuance of lease would not lie. State ex rel. Walls v. State Bd. of Land Comm'rs, 36 Wyo. 302, 254 P. 491, 1927 Wyo. LEXIS 34 (Wyo. 1927).

Lease without competitive bidding not against public policy. —

State oil land lease issued to developing occupant without competitive bidding was not against public policy under former C.S. 1920, §§ 699 and 706, as it was proper exercise of board's discretion to encourage improvement of the property. Miller v. Hurley, 37 Wyo. 344, 262 P. 238, 1927 Wyo. LEXIS 95 (Wyo. 1927).

Authority to sell surface rights first. —

Under existing statutes, board was authorized to sell surface rights first, reserving minerals by requirement that purchaser convey mineral rights to state. State ex rel. Cross v. Board of Land Comm'rs, 50 Wyo. 181, 58 P.2d 423, 1936 Wyo. LEXIS 7 (Wyo. 1936).

Cited in

Mayor v. Board of Land Comm'rs, 64 Wyo. 409, 192 P.2d 403, 1948 Wyo. LEXIS 7 (1948).

Law reviews. —

For comment, “State Participation in Federal Policy Making for the Yellowstone Ecosystem: A Meaningful Solution or Business as Usual?” see XXI Land & Water L. Rev. 397 (1986).

§ 36-2-102. Authority to administer oaths.

Each member of the board is hereby authorized and empowered to administer oaths in any proceeding of any character which may be pending before it.

History. Laws 1929, ch. 108, § 3; R.S. 1931, § 91-103; C.S. 1945, § 24-103; W.S. 1957, § 36-15.

Cross references. —

As to officers authorized to administer oaths generally, see § 1-2-102 .

§ 36-2-103. President; quorum; duties of employees.

The governor shall be president of said board, but in his absence from any meeting, one (1) of the members may act as president pro tempore, and shall preside at such meeting. A majority of the members of the board shall constitute a quorum for the transaction of business. The board shall have authority to prescribe the duties of all persons employed by it.

History. Laws 1929, ch. 108, § 4; R.S. 1931, § 91-104; C.S. 1945, § 24-104; W.S. 1957, § 36-16.

§ 36-2-104. Meetings; rules, regulations and forms of procedure; records.

The board shall hold such regular and special meetings as it may prescribe and consider necessary for the proper transaction of the business before it. All meetings and transactions incident to the duties of the board, together with all protests, contests or other proceedings before it, shall be regulated by such reasonable rules, regulations and forms of procedure as may from time to time be prescribed by the board; and such rules, regulations and forms of procedure shall bear the same relation to proceedings pending before the board, and have the same legal force and effect, upon all parties to such proceedings, as the Code of Civil Procedure bears and has to civil actions and the parties thereto in the courts of this state. The board shall cause proper records of its meetings and other proceedings to be kept in suitable books, and shall preserve all important documents and papers pertaining to the lands of the state and business of the board. All votes taken to decide the board’s final action on any matter shall be recorded.

History. Laws 1929, ch. 108, § 5; R.S. 1931, § 91-105; C.S. 1945, § 24-105; W.S. 1957, § 36-17; 1997, ch. 200, § 1; 2013, ch. 184, § 1.

The 2013 amendment, effective July 1, 2013, added the last sentence in the provision.

Cross references. —

See Editor's note to § 36-7-102 .

As to special meetings, see § 36-7-202 .

§§ 36-2-105 and 36-2-106. [Repealed.]

Repealed by Laws 1997, ch. 200, § 2.

Editor's notes. —

These sections, which derived from Laws 1929, ch. 108, § 7, related to the appraisal and classification of lands and to the maximum and minimum rental of lands.

§ 36-2-107. Rules and regulations; general penalty for violations; enforcement.

1. The board shall have the power and authority to promulgate and adopt rules and regulations not inconsistent with the laws of the state, as it may from time to time deem necessary in the direction, control, disposition and care of all state lands, and to preserve the value of the land and to recognize the fiduciary duties of the state land office.
2. Any person who knowingly violates any provision of this subsection is guilty of a misdemeanor and shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned for not more than six (6) months, or both. In addition, any person found guilty under this section may be ordered to pay restitution to the board for actual pecuniary damage resulting from the illegal actions of the person. Restitution may be excused if a court finds that the defendant has no ability to pay. In determining the amount of restitution under this subsection, the court shall consider, and include as a special finding, the reasonably foreseeable actual pecuniary damage that has or will result from the illegal activities of the defendant. Any restitution received under this subsection shall be deposited into an account designated by the board for use to restore the rights and property of the board. The acts prohibited under this subsection are:
   1. Damaging state lands under circumstances not a violation of W.S. 6-3-201 ;
   2. Using a motor vehicle on state lands off an established road as defined by the board or on a road closed by the board;
   3. Charging for or receiving payment for purposes of allowing persons to engage in hunting, fishing or any other recreational use of state lands, unless the payment is collected pursuant to a lease or temporary use permit issued by the state;
   4. Building, maintaining, using or attending an open fire, campfire or charcoal grill on state land except in areas established by the board;
   5. Camping overnight on state land except in areas established by the board;
   6. Violating any lawful order issued by the board pursuant to W.S. 36-2-101 to protect state lands and assets from resource damage; and
   7. Violating any lawful order issued by the board closing state lands for the purpose of protecting public health and safety.
3. Any peace officer as defined in W.S. 7-2-101 shall have the authority to enforce this section on state lands. Any game and fish department law enforcement personnel qualified pursuant to W.S. 9-1-701 through 9-1-707 shall have authority to enforce this section to the extent that there is no diminishment in federal funds provided for under W.S. 23-1-601 and 23-1-602 .
4. The provisions of subsection (b) of this section shall not apply to the actions of any person acting pursuant to the terms of a valid lease, authorization or permit issued by the board.

History. Laws 1929, ch. 108, § 20; R.S. 1931, § 91-120; C.S. 1945, § 24-121; W.S. 1957, § 36-20; Laws 2006, ch. 95, § 1; 2013, ch. 56, § 1.

Cross references. —

As to rules under Carey Act, see § 36-7-204 .

The 2006 amendment, effective July 1, 2006, added (b) and (c) and added “and to preserve the value of the land and to recognize the fiduciary duties of the state land office” in (a).

The 2013 amendment, added the second through fourth sentences in the introductory language in (b); added (b)(vi) and (b)(vii); added (d); and made stylistic changes.

Laws 2013, ch. 22, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo Const. Approved February 15, 2013.

Reasonable to grant lease to first duly qualified applicant. —

Rule of board that, in granting mineral prospectors' leases, lease will be granted to first duly qualified applicant who accompanies application with rental and fees is neither unreasonable nor unconstitutional. Walls v. Evans, 38 Wyo. 103, 265 P. 29, 1928 Wyo. LEXIS 34 (Wyo. 1928).

Lease without competitive bidding not against public policy. —

State oil land lease issued to developing occupant without competitive bidding was not against public policy under former C.S. 1920, §§ 699 and 706, as it was proper exercise of board's discretion to encourage improvement of the property. Miller v. Hurley, 37 Wyo. 344, 262 P. 238, 1927 Wyo. LEXIS 95 (Wyo. 1927).

Discretion of board in renewing of leases should not be interfered with by courts except in cases of fraud or grave abuse resulting in manifest wrong or injustice. Baker v. Brown, 12 Wyo. 198, 74 P. 94, 1903 Wyo. LEXIS 34 (Wyo. 1903).

Library references. —

American Law of Mining, 2nd Edition § 62.03 (Matthew Bender).

§ 36-2-108. Appointment of state forester; qualifications; duties.

1. The state board of land commissioners shall appoint a state forester who shall be the administrative head of the Wyoming state forestry division of the office of state lands and investments. He shall serve at the pleasure of the board. He shall have a bachelor’s degree in forestry with not less than four (4) years experience in professional forestry work. The state forester shall, under the general supervision of the board, have direction of all forest interest and all matters pertaining to forestry within the jurisdiction of the state of Wyoming; and may, with approval of the board, appoint such assistants and employees as are necessary in executing the duties of his office.
2. The state forester shall:
   1. Take such action as may be deemed necessary by the state board of land commissioners to protect forest, range and other rural resources from fire. This responsibility shall in no way diminish the responsibility or authority of local fire protection districts;
   2. Assist the county sheriff in the enforcement of all laws pertaining to the protection of forest and range lands from fire;
   3. Collect data relative to forest conditions;
   4. Prepare an annual report on the progress and condition of state forestry work;
   5. Recommend plans for improving the state system of forest protection, management and replacement;
   6. Whenever it is deemed essential and to the best interest of the state, cooperate with counties, cities, towns, corporations, or individuals for the protection, management and planting of trees, woodlots and timber tracts;
   7. Promote the development of the forest industry;
   8. Cooperate with federal agencies to fulfill the intent of this section.

History. Laws 1945, ch. 57, § 1; C.S. 1945, § 24-130; W.S. 1957, § 36-21; Laws 1959, ch. 19, § 1; 1967, ch. 64, § 1; 1983, ch. 111, § 1; 1992, ch. 55, § 3; 1997, ch. 200, § 1; 1998, ch. 13, § 1; 2003, ch. 89, § 1.

Appropriations. —

Laws 2005, ch. 227, § 1, appropriates $375,000 from the general fund to the state forestry division for the purpose of leasing a helicopter for fire suppression for a period of up to 120 days during the fire season. The act authorizes four additional seasonal positions for the state forestry division to provide helicopter support services and, when not engaged in fire suppression activities, to perform forestry project work pursuant to § 36-2-108(b). The division is to obtain additional helicopter crew support as appropriate from local and county fire service entities.

Laws 2005, ch. 227, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2005.

Law reviews. —

For comment, “State Participation in Federal Policy Making for the Yellowstone Ecosystem: A Meaningful Solution or Business as Usual?” see XXI Land & Water L. Rev. 397 (1986).

§ 36-2-109. Fire protection revolving account.

There is created the fire protection revolving account. Funds received by the state forester from local and county fire service entities and other payments received by the state forester for billable fire expenses shall be deposited into the account. Funds deposited into the account are continuously appropriated to the state forester to be expended only for costs related to fire protection activities and services, the purchase of wildland fire equipment, parts for federal excess property, supplies and to provide repairs for county and local fire service entities. As used in this section, “billable fire expenses” means any payment received from a federal, state or local entity for fire protection services or other related activities.

History. Laws 1999, ch. 38, § 1; 2005 ch. 231, § 1; 2018, ch. 23, § 1.

The 2005 amendment, effective July 1, 2005, deleted “within the enterprise fund” at the end of the first sentence in (a).

The 2018 amendment, inserted “and other payments received by the state forester for billable fire expenses” in the second sentence, “costs related to fire protection activities and services” in the third sentence, added the fourth sentence, and made stylistic changes.

Laws 2018, ch. 23, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2018.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 36-2-110. Interstate compact for the prevention and control of forest fires.

The interstate compact for the prevention and control of forest fires as contained herein is hereby enacted into law and entered into on behalf of this state with any and all other states legally joining therein in a form substantially as follows:

History. Laws 2007, ch. 75, § 1.

INTERSTATE COMPACT FOR THE PREVENTION AND CONTROL OF FOREST FIRES

§ 36-2-201. Questions may be reserved to district court.

Whenever an important or difficult matter of law or fact is to be decided in a contest or other proceeding pending before the board of land commissioners, or whenever in the judgment of the members of said board any of its members are for any reason disqualified from considering and deciding the questions or issues involved in any contest or other proceeding before such board, then and in that event, the board of land commissioners may on the motion of either party interested, or upon its own motion, cause the said contest or other proceeding to be reserved and sent to the district court for the county in which the land in controversy is situated.

History. Laws 1901, ch. 68, § 1; C.S. 1910, § 651; Laws 1919, ch. 131, § 1; C.S. 1920, § 748; R.S. 1931, § 91-301; C.S. 1945, § 24-301; W.S. 1957, § 36-22.

Law reviews. —

For note, “De Novo Judicial Review of Wyoming Administrative Findings,” see 15 Wyo. L.J. 67 (1960).

§ 36-2-202. Certified copies of papers to be sent to court; docket fee.

When a contest or other proceeding is reserved and ordered sent to a district court, the director shall transmit certified copies of all the papers in the case in his possession and in his office to the clerk of the said district court and the board of land commissioners shall determine who shall pay the docket fee in the district court.

History. Laws 1901, ch. 68, § 2; C.S. 1910, § 652; Laws 1919, ch. 131, § 2; C.S. 1920, § 749; R.S. 1931, § 91-302; C.S. 1945, § 24-302; W.S. 1957, § 36-23; Laws 1992, ch. 55, § 3.

§ 36-2-203. When issues made up before removal.

If the issues in said reserved contest or proceeding have been made up before the same shall have been removed, then in that case the said contest or proceeding when so removed shall be deemed ready for hearing; provided, however, that the judge of said district court may grant amendments to the pleadings already filed.

History. Laws 1901, ch. 68, § 3; C.S. 1910, § 653; C.S. 1920, § 750; R.S. 1931, § 91-303; C.S. 1945, § 24-303; W.S. 1957, § 36-24.

Cross references. —

As to amended and supplemental pleadings, see Rule 15, W.R.C.P.

§ 36-2-204. When issues not made up before removal.

If the issues in said contest or proceeding have not been made up at the time the same is so removed to the district court then in that case the date when said contest or proceeding is filed in said district court shall be deemed the date of the filing of the petition of the contestant, and all of the proceedings thereafter shall be in accordance with the rules governing the trial of civil cases, including the making up of the issue, the trial of the case and an appeal from the judgment of the district court.

History. Laws 1901, ch. 68, § 4; C.S. 1910, § 654; C.S. 1920, § 751; R.S. 1931, § 91-304; C.S. 1945, § 24-304; W.S. 1957, § 36-25.

Cross references. —

For Wyoming Rules of Civil Procedure, see Wyoming Court Rules.

§ 36-2-205. Determination, certification, recordation and effect.

When such case is reserved to the district court the same shall be tried and determined by such court, and its findings and judgments thereon shall be certified by the clerk of said court, to the director and he shall record the same in the record of the proceedings of the board of land commissioners, and when so recorded, such findings and judgments shall have the same force and effect as though rendered by said board.

History. Laws 1901, ch. 68, § 5; C.S. 1910, § 655; Laws 1919, ch. 131, § 3; C.S. 1920, § 752; R.S. 1931, § 91-305; C.S. 1945, § 24-305; W.S. 1957, § 36-26; Laws 1992, ch. 55, § 3.

Cited in

Spaugh v. Ross, 37 Wyo. 396, 263 P. 613, 1928 Wyo. LEXIS 7 (1928).

§ 36-2-206. Appeals to district court.

Any party who may feel himself aggrieved by the decision of the board of land commissioners rendered in any contest proceeding held before said board, may have an appeal from such decision to the district court sitting within and for the county in which the land in controversy is situated. All persons joining in the appeal shall be joined as appellants, and all persons having interests adverse to the parties appealing, or any of them, shall be joined as appellees; and upon said appeal being perfected, said contest proceeding shall stand to be heard and for trial de novo, by said court.

History. Laws 1899, ch. 86, § 1; R.S. 1899, § 843; C.S. 1910, § 656; Laws 1919, ch. 131, § 4; C.S. 1920, § 753; R.S. 1931, § 91-306; C.S. 1945, § 24-306; W.S. 1957, § 36-27.

Cross references. —

As to appeal by persons aggrieved by decisions of oil and gas conservation commission, see § 30-5-113 .

As to judicial review of administrative action, see Rule 12, W.R.A.P.

When board decision deemed rendered. —

In the normal course of events, a decision of the board is not rendered until the mailing of the notice of the decision to the parties. Rayburne v. Queen, 76 Wyo. 393, 303 P.2d 486, 1956 Wyo. LEXIS 49 (Wyo. 1956).

Requirements for binding decision. —

Any decision of the board, in order to be binding upon a party, must be made either: (1) unequivocally in the parties' presence; or (2) by a written record of the board's decision which is actually available to the public. Rayburne v. Queen, 76 Wyo. 393, 303 P.2d 486, 1956 Wyo. LEXIS 49 (Wyo. 1956).

Mandamus precluded. —

Where applicant for mineral lease had adequate remedy by appeal from contest proceeding, mandamus against board would not lie. State ex rel. Walls v. State Bd. of Land Comm'rs, 36 Wyo. 302, 254 P. 491, 1927 Wyo. LEXIS 34 (Wyo. 1927).

Who may appeal. —

Appeal from rejection by board for application for mineral lease was not limited to persons having vested right to lease. Walls v. Evans, 38 Wyo. 103, 265 P. 29, 1928 Wyo. LEXIS 34 (Wyo. 1928).

When appeal not warranted. —

Denial by board of mineral lease to land does not involve contest proceedings warranting appeal to district court, where court had theretofore ordered lease issued to another. State ex rel. Walls v. District Court, 38 Wyo. 427, 267 P. 1060, 1928 Wyo. LEXIS 62 (Wyo. 1928).

District court jurisdiction. —

The district court is limited to questions that were, or might have been, raised before the board and may not enlarge the proceedings into an equitable or common-law action, although its judgment is not review upon error, but is based upon its own findings on the evidence. Bucknum v. Johnson, 21 Wyo. 26, 127 P. 904, 1912 Wyo. LEXIS 11 (Wyo. 1912).

Appeal under this section being purely statutory, district court had no jurisdiction unless appeal came within the provisions of statute. State ex rel. Walls v. District Court, 38 Wyo. 427, 267 P. 1060, 1928 Wyo. LEXIS 62 (Wyo. 1928).

Perfecting appeal. —

Appeal is not perfected until proper notice has been given, and the abstract of record, while it should be concise, should be sufficiently complete to enable court to determine merits of the case. Wyodak Chem. Co. v. Board of Land Comm'rs, 51 Wyo. 265, 65 P.2d 1103, 1937 Wyo. LEXIS 18 (Wyo. 1937).

Presumption as to ground of trial court's dismissal of appeal.—

Where the trial court dismissed appeal from board pursuant to a motion by appellee, limited to single ground that appeal was not filed within 30 days after board's decision, the supreme court would not presume that the dismissal was based on the ground that a proper certificate was not attached. Rayburne v. Queen, 76 Wyo. 393, 303 P.2d 486, 1956 Wyo. LEXIS 49 (Wyo. 1956).

Written notice of board's decision is not required to be given to parties. Rayburne v. Queen, 76 Wyo. 393, 303 P.2d 486, 1956 Wyo. LEXIS 49 (Wyo. 1956).

Testimony before board should be preserved verbatim for court.—

The testimony before the board in contested cases should be preserved verbatim and be available to the district court in the trial de novo as one of the bases for its judgment. Rayburne v. Queen, 78 Wyo. 359, 326 P.2d 1108, 1958 Wyo. LEXIS 20 (Wyo. 1958).

Meaning of “trial de novo.” —

The court from the facts before it should determine whether or not the board might reasonably have arrived at its decision. Rayburne v. Queen, 78 Wyo. 359, 326 P.2d 1108, 1958 Wyo. LEXIS 20 (Wyo. 1958).

Trial de novo mentioned in this section is limited to determination by district court whether on facts proved there was “an illegal exercise” of board's discretion, fraud or “grave abuse of such discretion.” Banzhaf v. Swan Co., 60 Wyo. 201, 148 P.2d 225, 1944 Wyo. LEXIS 8 (Wyo. 1944).

Trial “de novo,” as mentioned in section, is limited to a determination on the part of the district court as to whether on the facts proven there was “an illegal exercise” of the board's discretion, a case of fraud or a “grave abuse of discretion.” Howard v. Lindmier, 67 Wyo. 78, 214 P.2d 737, 1950 Wyo. LEXIS 6 (Wyo. 1950); L. L. Sheep Co. v. Potter, 67 Wyo. 348, 224 P.2d 496, 1950 Wyo. LEXIS 17 (Wyo. 1950).

Court may not enlarge issues before board. —

Although a district court in deciding an appeal under this section is entitled to determine whether the decision of the board was illegal, fraudulent or a grave abuse of discretion, and in so doing is not confined to the facts actually or assumedly presented to the board but may conduct an independent inquiry, it may not enlarge the issues before the board. In re Hagood, 356 P.2d 135, 1960 Wyo. LEXIS 87 (Wyo. 1960).

Findings of board, if supported by substantial evidence, shouldbe approved. —

The findings of the board if supported by substantial evidence should be approved by the court on the trial de novo. Such substantial evidence may consist of competent testimony either: (1) taken before the board and properly preserved; or (2) adduced in the trial before the court “as in the trial of a civil action.” Rayburne v. Queen, 78 Wyo. 359, 326 P.2d 1108, 1958 Wyo. LEXIS 20 (Wyo. 1958).

Unless fraud, illegal action or abuse of discretion shown.—

The evidence developed in the trial de novo before the district court in general supported the decision of the board. No fraud being charged and no illegal action or abuse of discretion having been shown, the board's determination should not be disturbed. Rayburne v. Queen, 78 Wyo. 359, 326 P.2d 1108, 1958 Wyo. LEXIS 20 (Wyo. 1958).

Discretion of board is such that except in case of fraud or grave abuse resulting in manifest injustice, courts probably will not, in ordinary cases of renewal of leases, feel warranted in interfering with its exercise. Cooper v. McCormick, 10 Wyo. 379, 69 P. 301, 1902 Wyo. LEXIS 18 (Wyo. 1902).

In leasing state lands, board exercises wide discretion which should be controlling except in case of illegal exercise thereof, or fraud or grave abuse of such discretion. Banzhaf v. Swan Co., 60 Wyo. 201, 148 P.2d 225, 1944 Wyo. LEXIS 8 (Wyo. 1944).

Discretion of board not eliminated on appeal. —

Trial before district court is de novo and judgment of trial court cannot be entirely ignored as to facts which first appeared there, but discretion of board is not thereby wiped out on appeal and that of trial judge substituted. Sullivan Co. v. Meer, 58 Wyo. 90, 125 P.2d 168, 1942 Wyo. LEXIS 16 (Wyo. 1942).

Discretion of land board in leasing land is controlling on appeal, in absence of illegality, fraud or abuse, notwithstanding provision for trial de novo. Miller v. Hurley, 37 Wyo. 344, 262 P. 238, 1927 Wyo. LEXIS 95 (Wyo. 1927).

Court must determine that board abused its discretion. —

Even if the district court comes to a different conclusion than that of the board, considering the evidence as a whole, that is in no sense conclusive. The court must go further. It must be able to determine that the board might not reasonably, under the same state of facts, have come to a different conclusion; in other words that the board abused its discretion. Howard v. Lindmier, 67 Wyo. 78, 214 P.2d 737, 1950 Wyo. LEXIS 6 (Wyo. 1950).

Weight and credibility given witnesses by board not to be disregarded.—

Since the board in the first instance as trier of the facts sees and hears the witnesses, the weight and credibility given the witnesses by the board should not be lightly disregarded. Under such circumstances the action of the board, which has the constitutional power to lease or decline to lease state lands, should ordinarily be upheld by the district court. L. L. Sheep Co. v. Potter, 67 Wyo. 348, 224 P.2d 496, 1950 Wyo. LEXIS 17 (Wyo. 1950).

Evidence required to overrule board. —

The district court, in order to overrule the board, must have evidence before it to show that the conclusion of the board was wrong and unreasonable. Howard v. Lindmier, 67 Wyo. 78, 214 P.2d 737, 1950 Wyo. LEXIS 6 (Wyo. 1950).

Ultimate fact to be found by district court in case where board preferred new applicant to old lessee is as to whether or not the board abused its discretion, and there must be satisfactory evidence to show that the board abused its discretion in order to comply with the rule that the decision of the board should not be lightly overturned. Howard v. Lindmier, 67 Wyo. 78, 214 P.2d 737, 1950 Wyo. LEXIS 6 (Wyo. 1950).

When board action must be affirmed. —

Where board in exercising its discretionary power leased state lands to qualified corporation holding expired lease and neither exercised its discretion illegally, nor gravely abused it, and no fraud is proven, board action must be affirmed. Banzhaf v. Swan Co., 60 Wyo. 201, 148 P.2d 225, 1944 Wyo. LEXIS 8 (Wyo. 1944).

No reversal of board on point on which party changes position.—

It would not be fair to the board to have its decision reversed on a point on which a party takes a position in the trial of the case before the district court exactly opposite to that which he took before the board. Howard v. Lindmier, 67 Wyo. 78, 214 P.2d 737, 1950 Wyo. LEXIS 6 (Wyo. 1950).

Award based on conflicting evidence. —

There was no “grave abuse” of discretion by the board in awarding 137.3 acres to individual applicant and the balance of the tract of 621.28 acres of grazing land to a sheep company where the evidence was in conflict as to the necessary use of the land. L. L. Sheep Co. v. Potter, 67 Wyo. 348, 224 P.2d 496, 1950 Wyo. LEXIS 17 (Wyo. 1950).

Conversion of grazing land into hay or meadow land valid consideration.—

The board has the right, if not the duty, to cause the conversion of state land from grazing land into hay or meadow land, since the latter land brings an increased rental price. Even the possibility of such a conversion is within the range of facts to be considered by the board. The board did not abuse its discretion in leasing state land to new applicant in preference to old lessee where only the new applicant was willing to convert grazing land into hay and meadow land. Howard v. Lindmier, 67 Wyo. 78, 214 P.2d 737, 1950 Wyo. LEXIS 6 (Wyo. 1950).

Finding warranting lease preference sustained. —

Evidence showing that to deprive applicant for renewal of state land leases of land included therein, which its owners had held many years, would depreciate remaining property and inflict severe hardships sustained finding warranting lease to him in preference to others. Hawks v. Creswell, 60 Wyo. 1, 144 P.2d 129, 1943 Wyo. LEXIS 1 (Wyo. 1943).

Leasehold owner. —

Where title to state land leases passed to stepson and his nephews under residuary clause of stepmother's will, stepson with nephews' consent continuing to operate same, and where value thereof was not needed to pay estate debts, stepson was holder of expiring leases, notwithstanding failure of administratrix's final report and order discharging her to mention them. Hawks v. Creswell, 60 Wyo. 1, 144 P.2d 129, 1943 Wyo. LEXIS 1 (Wyo. 1943).

Cited in

Spaugh v. Ross, 37 Wyo. 396, 263 P. 613, 1928 Wyo. LEXIS 7 (1928); Walls v. Evans, 38 Wyo. 103, 265 P. 29, 1928 Wyo. LEXIS 34 (1928); Brown v. Wintermute, 59 Wyo. 254, 139 P.2d 435, 1943 Wyo. LEXIS 13 (1943); Hoy v. Frederick, 70 Wyo. 496, 252 P.2d 112, 1953 Wyo. LEXIS 29 (1953).

Law reviews. —

For article, “Administrative Law, Wyoming Style,” see XVIII Land & Water L. Rev. 223 (1983).

Library References. —

American Law of Mining, 2nd Edition § 62.03 (Matthew Bender).

§ 36-2-207. Written notice of intent to appeal; bond.

The party appealing shall, within thirty (30) days after receiving notice by registered mail of the decision of the board, file with the director, a notice in writing to the board of land commissioners stating that such party intends to appeal to said district court from said decision; and at the same time shall file a like notice in the said district court; and upon the filing of said notices, the appeal shall be deemed to have been taken; provided, however, that the party appealing shall within fifteen (15) days after the said notices have been filed, enter into an undertaking to be approved by the clerk or the judge of the said district court and to be given to the appellees, and to be in such an amount as said court or the judge thereof shall fix, but in any case, shall not be less than five hundred dollars ($500.00), and conditioned that the appellant shall prosecute his appeal without unnecessary delay and will pay all costs and damages which the appellees or any of them may sustain in consequence of such appeal.

History. Laws 1899, ch. 86, § 2; R.S. 1899, § 844; C.S. 1910, § 657; Laws 1919, ch. 131, § 5; C.S. 1920, § 754; R.S. 1931, § 91-307; C.S. 1945, § 24-307; Laws 1957, ch. 65, § 1; W.S. 1957, § 36-28; Laws 1992, ch. 55, § 3.

Strict compliance with requirements of section must be made in order to confer jurisdiction of the appeal on the district court. Ginn v. Parrish, 362 P.2d 824, 1961 Wyo. LEXIS 101 (Wyo. 1961).

Perfecting appeal. —

Appeal is not perfected until proper notice has been given. Wyodak Chem. Co. v. Board of Land Comm'rs, 51 Wyo. 265, 65 P.2d 1103, 1937 Wyo. LEXIS 18 (Wyo. 1937).

Appeal from board held timely where notice of appeal was delivered to clerk within time allowed, though marked “filed” as of later date. Walls v. Evans, 38 Wyo. 103, 265 P. 29, 1928 Wyo. LEXIS 34 (Wyo. 1928).

Appeal by old lessee of school land, taken within 30 days after land commissioners affirmed prior order granting another's application for lease, was timely where prior order had been made without notice to old lessee. Mercer v. Thorley, 48 Wyo. 141, 43 P.2d 692, 1935 Wyo. LEXIS 26 (Wyo. 1935).

Cited in

Spaugh v. Ross, 37 Wyo. 396, 263 P. 613, 1928 Wyo. LEXIS 7 (1928).

§ 36-2-208. Transmission of evidence to district court; hearing on appeal.

Upon notice of intention to appeal having been filed with the director, he shall at once transmit to the clerk of the district court to which such appeal has been taken, a certified copy of all papers and documents in evidence in the case together with a transcript of all orders and journal entries concerning the same and a certified copy of the decision appealed from. Unless otherwise ordered by the court, said appeal shall be heard upon the pleadings filed before the board of land commissioners and at the trial of such appeal, evidence shall be taken and other proceedings had as in the trial of a civil action before said court.

History. Laws 1899, ch. 86, § 3; R.S. 1899, § 845; C.S. 1910, § 658; Laws 1919, ch. 131, § 6; C.S. 1920, § 755; R.S. 1931, § 91-308; C.S. 1945, § 24-308; W.S. 1957, § 36-29; Laws 1992, ch. 55, § 3.

Records which should be kept by board. —

In view of the fact that the legislature has provided for an appeal from the board to the courts, except perhaps insofar as the record of the land commissioner (now director) already shows the facts, the board should keep records in accordance with its dignity and importance, letting them show in contested cases at least a summary of the facts and circumstances shown before it and in accordance with which it acted and the reasons for its action. Howard v. Lindmier, 67 Wyo. 78, 214 P.2d 737, 1950 Wyo. LEXIS 6 (Wyo. 1950).

Legislature intended board to require pleadings by those appearing before it. In re Hagood, 356 P.2d 135, 1960 Wyo. LEXIS 87 (Wyo. 1960).

Testimony before board should be preserved verbatim for districtcourt. —

The testimony before the board in contested cases should be preserved verbatim and be available to the court in the trial de novo as one of the bases for its judgment. Rayburne v. Queen, 78 Wyo. 359, 326 P.2d 1108, 1958 Wyo. LEXIS 20 (Wyo. 1958).

Under section appellant is entitled to assume that record he has filed is sufficient until objection is made thereto. Rayburne v. Queen, 76 Wyo. 393, 303 P.2d 486, 1956 Wyo. LEXIS 49 (Wyo. 1956).

Court is, in a sense, substituted for board to determine the matter in issue upon the facts. The question to be determined by the court is the same as that which was presented to the board. Bucknum v. Johnson, 21 Wyo. 26, 127 P. 904, 1912 Wyo. LEXIS 11 (Wyo. 1912).

Findings of board, if supported by substantial evidence, shouldbe approved by court. —

The findings of the board if supported by substantial evidence should be approved by the court on the trial de novo. Such substantial evidence may consist of competent testimony either: (1) taken before the board and properly preserved; or (2) adduced in the trial before the court “as in the trial of a civil action.” Rayburne v. Queen, 78 Wyo. 359, 326 P.2d 1108, 1958 Wyo. LEXIS 20 (Wyo. 1958).

Unless fraud, illegal action or abuse of discretion shown.—

The evidence developed in the trial de novo before the district court in general supported the decision of the board. No fraud being charged and no illegal action or abuse of discretion having been shown, the board's determination should not be disturbed. Rayburne v. Queen, 78 Wyo. 359, 326 P.2d 1108, 1958 Wyo. LEXIS 20 (Wyo. 1958).

Exclusion of instrument. —

It is not an abuse of discretion by the court to exclude an instrument not transmitted as one of the papers in the case or as evidence produced before the board. Baker v. Brown, 12 Wyo. 198, 74 P. 94, 1903 Wyo. LEXIS 34 (Wyo. 1903).

Cited in

Spaugh v. Ross, 37 Wyo. 396, 263 P. 613, 1928 Wyo. LEXIS 7 (1928).

Law reviews. —

For article, “Administrative Law, Wyoming Style,” see XVIII Land & Water L. Rev. 223 (1983).

§ 36-2-209. Notice of perfected appeal; proof of service.

Upon the approval of the bond as aforesaid, the clerk of the district court shall immediately issue a notice to the director and to said appellees and each of them that said appeal has been perfected; such notice may be served personally upon the appellees or their attorneys of record by any appellant or his attorney of record, or by registered mail, by the clerk of the district court. Proof of service may be made by the affidavit of the person making the service and also by the return registry receipt where service is made by registered mail.

History. Laws 1899, ch. 86, § 4; R.S. 1899, § 846; C.S. 1910, § 659; C.S. 1920, § 756; R.S. 1931, § 91-309; C.S. 1945, § 24-309; W.S. 1957, § 36-30; Laws 1992, ch. 55, § 3.

Cited in

Spaugh v. Ross, 37 Wyo. 396, 263 P. 613, 1928 Wyo. LEXIS 7 (1928).

§ 36-2-210. Hearing and trial upon appeal; appeal to supreme court.

At the expiration of the time for the appearance of the appellees, the case is to be deemed ready for hearing; and it shall be heard and tried the same in all respects as civil cases are tried in said district court; and an appeal from the judgment, finding and decree of said court shall lie to the supreme court the same in all respects as prescribed by law for appeals and proceedings in error from the district courts to the supreme court of this state.

History. Laws 1899, ch. 86, § 5; R.S. 1899, § 847; C.S. 1910, § 660; C.S. 1920, § 757; R.S. 1931, § 91-310; C.S. 1945, § 24-310; W.S. 1957, § 36-31.

Nature of district court's judgment. —

The jurisdiction of the district court on the appeal is to try the case de novo on the facts, and its judgment is not one of affirmance, reversal or modification as upon review upon error, but is based upon its finding upon the evidence and is not governed by the findings of the board. Bucknum v. Johnson, 21 Wyo. 26, 127 P. 904, 1912 Wyo. LEXIS 11 (Wyo. 1912).

Affirmance properly included on appeal. —

In contest of lease of state lands granted by board, express affirmance of board's decision was properly included in judgment on appeal. Miller v. Hurley, 37 Wyo. 344, 262 P. 238, 1927 Wyo. LEXIS 95 (Wyo. 1927).

Cited in

Spaugh v. Ross, 37 Wyo. 396, 263 P. 613, 1928 Wyo. LEXIS 7 (1928); Brown v. Wintermute, 59 Wyo. 254, 139 P.2d 435, 1943 Wyo. LEXIS 13 (1943).

§ 36-3-101. Appointment; term; salary; removal.

1. There shall be a director of the office of state lands and investments, who shall be appointed by the governor by and with the consent of the state senate. The term of his office shall expire at the end of the term of office of the governor during which he was appointed, unless sooner removed. He shall receive an annual salary as provided by law, to be paid monthly by the state treasurer on the warrant of the state auditor. The governor may remove the director as provided in W.S. 9-1-202 .
2. Effective July 1, 1979, appointments and terms under this section shall be in accordance with W.S. 28-12-101 through 28-12-103 .

History. Laws 1905, ch. 36, § 1; 1909, ch. 65, § 1; C.S. 1910, § 224; Laws 1919, ch. 40, § 4; C.S. 1920, § 235; Laws 1921, ch. 95, § 4; R.S. 1931, § 91-201; Laws 1933, ch. 103, § 11; 1937, ch. 149, § 6; C.S. 1945, § 24-201; Laws 1947, ch. 97, § 1; 1949, ch. 65, § 14; 1951, ch. 44, § 10; 1953, ch. 139, § 10; 1957, ch. 157, § 17; W.S. 1957, § 36-32; Laws 1961, ch. 148, § 45; 1963, ch. 116, § 13; 1965, ch. 115, § 45; 1967, ch. 181, § 15; 1969, ch. 168, § 27; 1979, ch. 17, § 2; 1987, ch. 175, § 1; 1992, ch. 55, § 3; 1998, ch. 13, § 1.

Improper delegation of powers. —

Hiring an auditing firm to ascertain whether state had been paid all royalties due under mineral leases was invalid as delegating to others duly impliedly imposed on state officials by statute. MacDougall v. Board of Land Comm'rs, 48 Wyo. 493, 49 P.2d 663, 1935 Wyo. LEXIS 47 (Wyo. 1935).

Stated in

County Court Judges Ass'n v. Sidi, 752 P.2d 960 (Wyo. 1988).

§ 36-3-102. Duties generally.

1. The director shall keep the records of the board of land commissioners, and be the secretary thereof. He shall make out and countersign all patents, contracts or other instruments issued by him to purchasers and others, and make out and sign all leases. He shall keep a record of all such leases, patents or other instruments in books or other records. He shall file and preserve in his office all bonds, contracts, leases, and other instruments given by lessees, purchasers and others. He shall have the custody of the seal of the board, and shall keep the minutes of the proceedings thereof, and shall perform such other duties concerning the business transactions of the board as it may direct. He shall receive all applications for purchasing, leasing, entering, locating or in any manner acquiring title to, interest in, or any benefit from or use of any lands belonging to or under the control of the state of Wyoming, and he shall allow or disallow, subject to the approval of the board of land commissioners, such applications to purchase, lease, enter or otherwise acquire title to, interest in, benefit from or use of the lands, or the appurtenances thereof, and in all cases where there have been no conflicting applications, he shall report his decisions to the board for its approval at its next ensuing regular or special meeting, but in all cases where there have been conflicting applications to lease or otherwise acquire interests or benefits in the lands, he shall, before reporting his decisions to the board, give each of the applicants notice of what his decision is with reference to their applications, and if none of the applicants files an appeal in writing from the decisions of the director to the board within a period of thirty (30) days, except in the case of oil and gas leases when the period shall be not less than ten (10) days nor more than thirty (30) days at the discretion of the board, after the date of the notice, the director shall report his decision to the board for approval at its next meeting and in case an appeal in writing is taken from the decision of the director to the board of land commissioners within the time provided, the director shall give each of the applicants at least ten (10) days’ notice, except in the case of oil and gas leases when the period shall be five (5) days’ notice in writing of the date on which the appeal will be heard by the board. The director shall keep on file in his office the original of all documents filed as required by W.S. 36-1-102 . He shall insure that these documents are properly indexed for reasonable public access, and to show ownership by each state commission, institution, department or board.
2. Upon application and the annual payment of fifteen dollars ($15.00) by any person qualified to lease oil and gas lands of the state of Wyoming, the director shall place the name and address of the person on a mailing list and mail to the person a complete list of lands open for filing prior to the date when the lands become subject to filing. The payments shall be placed in the general fund.
3. The board shall have authority to override any decision made by the director. Upon such terms and conditions as shall be established by the board, in addition to other powers enumerated in this section, the director shall have authority to:
   1. Issue all standard lease and permit renewals which do not convey any permanent interest in state lands;
   2. Approve lease assignments, sublease agreements and surface damage payments, and concur in water right petitions involving state lands;
   3. Approve applications to construct improvements within criteria established by the board pursuant to W.S. 36-5-110(a) and 36-5-111 ;
   4. Approve timber sale auctions within criteria established by the board pursuant to W.S. 36-1-112 ;
   5. Approve acreage adjustments, suspension of operations and unit or communitization agreements under W.S. 36-6-101 ;
   6. Determine, subject to approval of the board, the best use for acquired institutional lands managed by the board pursuant to W.S. 9-2-2005 , 9-2-2006 and 9-2-2012 consistent with:
      1. Consideration of the needs of the institution;
      2. Consideration of alternative uses of the property which are compatible with the mission of the institution; and
      3. Limitations contained in the constitution of the state of Wyoming, state and federal law and the conveyance instrument.

History. Laws 1905, ch. 36, § 3; C.S. 1910, § 226; Laws 1919, ch. 121, § 1; C.S. 1920, § 237; R.S. 1931, § 91-203; C.S. 1945, § 24-203; W.S. 1957, § 36-34; Laws 1961, ch. 164, § 1; 1965, ch. 120, § 1; 1974, ch. 16, § 2; 1975, ch. 140, § 2; 1978, ch. 2, § 1; 1992, ch. 55, § 3; 1997, ch. 200, § 1; 2011, ch. 118, § 1; 2013, ch. 155, § 1.

Cross references. —

For additional duties, see § 36-7-202 .

The 2011 amendment, effective July 1, 2011, in (c)(iii), substituted “36-5-110(a)” for “36-5-110.”

The 2013 amendment, effective July 1, 2013, added (c)(vi).

Editor's notes. —

Laws 2013, ch. 155, § 2, directs: “The director of the office of state lands, in consultation with the directors of the departments of corrections, family services and health shall submit a report to the board of land commissioners and the joint minerals, business and economic development interim committee identifying lands that will be managed by the board of land commissioners pursuant to this act by October 1, 2013. The report shall also identify the potential best use for each managed property consistent with the management considerations required by this act.”

Laws 1935, ch. 33, directed the commissioner (now director) to obtain patents from the federal government for school lands owned by the state.

Task force. —

Laws 2005, ch. 235, §§ 1 and 2, as amended by Laws 2006, ch. 93, § 1, creates a legislative-executive task force to review funding for the office of state lands and investments' trust programs. The task force is to: (1) familiarize itself with the trust responsibilities of the office of state lands and investments; (2) conduct a comprehensive review of the office of state lands and investments' budget and its expenditures for trust responsibilities to determine if any change to the budgeted funding of the office of state lands and investments' trust responsibilities is necessary; (3) conduct a comprehensive review, by source, of the relationship of administrative costs to revenues of the office of state lands and investments' trust programs to determine if any change to the budgeted funding of the office of state lands and investments' trust responsibilities is necessary; (4) no later than June 1, 2006, prepare and submit a report to the legislature, which details the task force's findings, recommends whether any change in the manner or source of funding for the office of state lands and investments' trust responsibilities is necessary, recommend any preferable alternatives for funding trust responsibilities; and (5) no later than September 1, 2006, recommend to the joint agriculture, public lands and water resources interim committee and the joint appropriations interim committee any statutory changes that may be required to implement the task force's final recommendations. This act terminates April 1, 2007. The act appropriates $30,000 from the general fund to the office of state lands and investments to fund interim meetings and activities of the task force and to contract with appropriate professionals as necessary to complete the duties assigned to the task force. Laws 2006, ch. 93, § 2, appropriates an additional $20,000 to fund interim meetings and activities of the task force and to contract with appropriate professionals as necessary to complete the duties assigned to the task force.

Laws 2005, ch. 235, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 11, 2005.

Laws 2006, ch. 93, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 24, 2006.

Director as secretary of board. —

The commissioner of public lands (now director) is the secretary of the board and, as such, receives applications for mineral leases, with the power to grant or refuse such applications, subject to the right of appeal to the board. Walls v. Evans, 38 Wyo. 103, 265 P. 29, 1928 Wyo. LEXIS 34 (Wyo. 1928).

Improper delegation of powers. —

Hiring an auditing firm to ascertain whether state had been paid all royalties due under mineral leases was invalid as delegating to others duty impliedly imposed on state officials by statute. MacDougall v. Board of Land Comm'rs, 48 Wyo. 493, 49 P.2d 663, 1935 Wyo. LEXIS 47 (Wyo. 1935).

Notice to old lessee. —

Section 36-5-108 must be read in pari materia with art. 18, § 3, Wyo. Const., and with § 36-2-101 and this section. When so read, it becomes clear that § 36-5-108 requires 15 days' notice to be given to the old lessee after the rental has been finally fixed — either by the board approving the recommendation of the commissioner (now director) or by taking some other action. There can be no doubt that the board is free to follow or to modify or to disregard what the commissioner has recommended. Reese v. Bruegger Ranches, 463 P.2d 23, 1969 Wyo. LEXIS 172 (Wyo. 1969).

Cited in

State ex rel. Walls v. State Bd. of Land Comm'rs, 36 Wyo. 302, 254 P. 491, 1927 Wyo. LEXIS 34 (1927).

Law reviews. —

For article, “Rights of Way to Mining Claims Across Public Lands,” see 12 Wyo. L.J. 162 (1958).

For comment, “Wyoming School Trust Lands Trapped Inside Grand Teton National Park — Alternative Solutions for the Commissioner of Public Lands,” see XX Land & Water L. Rev. 207 (1985).

Library References. —

American Law of Mining, 2nd Edition § 62.02 (Matthew Bender).

§ 36-3-103. Selection and location of lands.

The director shall select and locate all lands which are now or may be hereafter granted to the state of Wyoming by the United States for any purpose whatever.

History. Laws 1905, ch. 36, § 4; C.S. 1910, § 227; C.S. 1920, § 238; R.S. 1931, § 91-204; C.S. 1945, § 24-204; W.S. 1957, § 36-35; Laws 1992, ch. 55, § 3.

Quoted in

Wyoming v. United States, 310 F.2d 566, 1962 U.S. App. LEXIS 3929 (10th Cir. 1962).

§ 36-3-104. Notice of selection.

Before any selection of lands granted to the state is made, it shall be the duty of the director to publish in at least one (1) newspaper of general circulation in each county in the state a notice giving the area of the said lands so to be selected, and the time on or about when the director will receive applications for and begin the selection of said lands, and before any lands so selected shall be leased, sold or otherwise disposed of, a description of such lands together with the name of the person for whom selected, shall be published at least once in a newspaper of general circulation in each county wherein said lands are located, and such lands shall thereafter be sold, leased or otherwise disposed of in the same manner and under the same restrictions as provided by law for the disposition of other state lands.

History. Laws 1905, ch. 36, § 5; C.S. 1910, § 228; C.S. 1920, § 239; R.S. 1931, § 91-205; C.S. 1945, § 24-205; W.S. 1957, § 36-36; Laws 1992, ch. 55, § 3.

§ 36-3-105. Annual report.

On or before the 10th day of December, immediately preceding the meeting of the legislature, the director shall make a report of the business of his office, the transactions of the board of land commissioners, and the condition of the land affairs of the state, showing by tables the land belonging to the several funds of the state, to whom sold, leased or otherwise disposed of, the receipts from all sources, the condition of the conditional grants made to the state under the provisions of section 4 of an act of congress entitled “An act making appropriations for sundry civil expenses, approved August 18th, A.D. 1894”, and acts amendatory thereof, including in his said report a comprehensive statement of the development and progress made by corporations or individuals reclaiming land under the provisions of said acts of congress, and of chapter 15, title 9, div. 1, Wyoming Revised Statutes of 1899 and showing in said report any and all facts or statistics concerning the lands of the state of Wyoming that will exhibit the condition of the said state lands.

History. Laws 1905, ch. 36, § 6; C.S. 1910, § 229; C.S. 1920, § 240; R.S. 1931, § 91-206; C.S. 1945, § 24-206; W.S. 1957, § 36-37; Laws 1992, ch. 55, § 3.

Editor's notes. —

Chapter 15, title 9, div. 1, Wyoming Revised Statutes of 1899, referred to in this section, appears as §§ 36-7-101 through 36-7-103 , 36-7-201 through 36-7-206 , 36-7-301 through 36-7-324 , 36-7-401 , 36-7-403 , 36-7-404 and 36-7-407 through 36-7-508 .

Federal act. —

The federal provision referred to in this section appears as 43 U.S.C. § 641.

§ 36-3-106. Arid land fund.

As provided in the said acts of congress, all moneys collected by the director from the sale of lands selected under the provisions of such acts of congress shall be deposited by the director with the state treasurer, and shall constitute a trust fund in the hands of said treasurer to be used only for the reclamation of other arid lands when appropriated by the legislature for that purpose in the manner that other appropriations are made.

History. Laws 1905, ch. 36, § 7; C.S. 1910, § 230; C.S. 1920, § 241; R.S. 1931, § 91-207; C.S. 1945, § 24-207; W.S. 1957, § 36-38; Laws 1992, ch. 55, § 3.

Editor's notes. —

As to meaning of “said acts of congress,” see § 36-3-105 and notes thereto.

§ 36-3-107. Oaths; acknowledgments of written instruments; depositions.

The director is hereby authorized to administer oaths and affirmations, to receive acknowledgments of powers of attorney and other instruments in writing, and to take depositions in matters relating to state, school, or arid land business, within the state of Wyoming.

History. Laws 1909, ch. 139, § 1; C.S. 1910, § 231; C.S. 1920, § 242; R.S. 1931, § 91-208; C.S. 1945, § 24-208; W.S. 1957, § 36-39; Laws 1992, ch. 55, § 3.

Library references. —

18 Nat. Resources & Env't Law Review 24.

§ 36-3-108. Official seal.

The director shall provide himself with an official seal with which he shall authenticate such official acts as are not performed as secretary of the board of land commissioners, which seal shall be engraved with his official title and the word “Wyoming.”

History. Laws 1909, ch. 139, § 2; C.S. 1910, § 232; C.S. 1920, § 243; R.S. 1931, § 91-209; C.S. 1945, § 24-209; W.S. 1957, § 36-40; Laws 1992, ch. 55, § 3.

Law reviews. —

For comment, “State Participation in Federal Policy Making for the Yellowstone Ecosystem: A Meaningful Solution or Business as Usual?” see XXI Land & Water L. Rev. 397 (1986).

§ 36-3-109. Disposal of slash on timber lands; forestry performance account.

1. The state forester shall provide for the disposal of any slash resulting from the harvest of forest products and may require forest management work through a forest product sales contract or a service contract. The state forester may, when deemed necessary, require a slash deposit or performance bond to cover the anticipated cost of any slash disposal or required management work as a guarantee of compliance with contract specifications.
2. When any slash is not disposed of or management work is not completed in accordance with the requirements of the forest products sales contract or service contract, the state forester may go upon the premises with such personnel, equipment and supplies as may be necessary to burn or otherwise dispose of the slash or complete a required management project. The expense incurred in disposing of the slash or completing the required management project, shall be a charge against the posted performance bond or slash deposit.
3. Repealed by Laws 1999, ch. 124, § 2.
4. There is created the revolving forestry performance account in which any performance bond or slash deposit shall be deposited, and from which any expense incurred in the completion of slash disposal or another contract requirement not complying with forest products sale or service contract specifications shall be paid. The funds in the account are continuously appropriated to the state forester for the purposes of this section. Upon successful completion of required slash disposal or other contract requirements, as determined and approved by the state forester, the performance bond or slash deposit shall be refunded to the purchaser or contractor. If required slash disposal or other contract requirements are partially completed, the expense of completing the required work shall be charged against the forestry performance account with the balance of the performance bond or slash deposit, if any, refunded to the purchaser or contractor.

History. Laws 1923, ch. 47, § 1; R.S. 1931, § 91-124; C.S. 1945, § 24-210; W.S. 1957, § 36-41; Laws 1992, ch. 55, § 3; 1999, ch. 124, §§ 1, 2; 2005, ch. 231, § 1.

Cross references. —

As to driving or floating logs, timber or lumber on streams, see § 41-5-108 .

The 2005 amendment, effective July 1, 2005, deleted “within the special revenue fund” in the first sentence in (d).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

Repealing clauses. —

Laws 1923, ch. 47, § 2, repealed all laws and parts of laws in conflict therewith.

Law reviews. —

For comment, “State Participation in Federal Policy Making for the Yellowstone Ecosystem: A Meaningful Solution or Business as Usual?” see XXI Land & Water L. Rev. 397 (1986).

Library references. —

18 Nat. Resources & Env't Law Review 18.

§ 36-3-110. Fees.

1. The board shall determine by rule and regulation, and the director shall collect fees for the following administrative services:
   1. For filing each application to lease;
   2. For filing each application for easement;
   3. For filing each assignment of lease;
   4. For filing each application for timber or forest product contract;
   5. For filing each notice of security interest;
   6. For filing each change of name;
   7. For filing each unit or communitization agreement;
   8. For filing each application for a fossil permit;
   9. For filing each application for a temporary use permit;
   10. For filing each surface estate sale nomination;
   11. For each insufficient fund check returned.
2. The board shall determine the fees to be collected under subsection (a) of this section in an amount which approximates, but does not exceed, the direct and indirect costs of administering the regulatory provisions of this act [§§ 36-3-101 through 36-3-111 ]. The office of state lands and investments shall be entitled to retain that portion of the fees collected which represent the cost of county filing and recording. All of the remaining money collected for fees shall be paid to the treasurer of the state monthly and shall be credited to the general fund.

History. Laws 1909, ch. 42, § 1; C.S. 1910, § 233; Laws 1919, ch. 101, § 1; C.S. 1920, § 244; Laws 1921, ch. 130, § 1; 1925, ch. 62, § 1; R.S. 1931, § 91-210; C.S. 1945, § 24-211; W.S. 1957, § 36-42; Laws 1977, ch. 35, § 1; 1981, ch. 44, § 1; ch. 66, § 1; 1992, ch. 55, § 3; ch. 61, § 1; 1997, ch. 200, § 1; 1998, ch. 13, § 1.

Law reviews. —

For article, “School Finance Reform in Wyoming,” see XIX Land & Water L. Rev. 135 (1984).

§ 36-3-111. Appointment of deputy; compensation.

The director may appoint a deputy to perform the duties of his office and to hold such appointment at the will of the director. The annual compensation of such deputy shall be as determined by the human resources division of the department of administration and information, payable monthly, upon vouchers submitted in proper form to the state auditor, and in manner that other accounts against the state are paid, and shall receive no other compensation for any services rendered by him to the state.

History. Laws 1913, ch. 56, § 1; C.S. 1920, § 245; R.S. 1931, § 91-211; Laws 1933, ch. 41, § 1; 1935, ch. 82, § 1; 1937, ch. 149, § 8; 1943, ch. 113, § 3; C.S. 1945, § 24-212; Laws 1947, ch. 97, § 2; 1949, ch. 65, § 15; 1951, ch. 44, § 11; 1953, ch. 139, § 11; 1957, ch. 157, § 18; W.S. 1957, § 36-43; Laws 1961, ch. 148, § 46; 1963, ch. 116, § 14; 1965, ch. 115, § 46; 1967, ch. 181, § 16; 1969, ch. 168, § 28; 1971, ch. 190, § 12; 1992, ch. 55, § 3; 1997, ch. 178, § 1.

Cross references. —

As to all state officers being paid fixed and definite salaries, and as to duty of officer to pay all fees collected into proper treasury, see art. 14, §§ 1 and 2, Wyo. Const.

§ 36-4-101. Commission established; composition; appointment and terms of members; removal; representation from appointment districts; vacancies; meetings; president.

1. There is established the Wyoming parks and cultural resources commission within the department of state parks and cultural resources which shall consist of nine (9) members, citizens of Wyoming. Not more than seventy-five percent (75%) of the members shall be from the same political party. Commission members shall be appointed by the governor, by and with the advice and consent of the state senate, and may be removed by the governor as provided in W.S. 9-1-202 . Appointments made between sessions of the legislature shall be made in accordance with W.S. 28-12-101 . In addition, the governor is an ex officio member of the commission.
2. The term for commission members is five (5) years, and shall expire on March 1, providing that the terms of the members first appointed shall be staggered as follows:
   1. Three (3) members shall be appointed for a term of two (2) years;
   2. Three (3) members shall be appointed for a term of four (4) years; and
   3. Three (3) members shall be appointed for a term of five (5) years.
3. Each appointment district pursuant to W.S. 9-1-218 shall at all times be represented by at least one (1) commissioner who is a resident of that district.
4. All vacancies occurring on the commission shall be filled by the governor in accordance with W.S. 28-12-101 .
5. The first meeting of the commission shall be at the call of the governor. Thereafter, the commission shall meet at least once every three (3) months. Other meetings may be held at the call of the president of the commission, the governor or a majority of the commission members.
6. At the first meeting of the commission and thereafter at the regular September meeting of each year, the commission shall elect one (1) of its members president who shall hold his office for a term of one (1) year. If a vacancy occurs in the office of president, the commission shall elect a member of the commission to serve as president for the remainder of that term.
7. Effective July 1, 1979, appointments and terms under this section shall be in accordance with W.S. 28-12-101 through 28-12-103 .
8. Any statute or legal or other document which refers to the Wyoming recreation commission established under subsection (a) of this section, as existing on and after April 1, 1990 and serving in an advisory capacity to the department of state parks and cultural resources, means the Wyoming parks and cultural resources commission which is the successor to the recreation commission, as existing on and after April 1, 1990.
9. As used in W.S. 36-4-101 through 36-4-119 , “this act” means W.S. 36-4-101 through 36-4-119 .

History. Laws 1967, ch. 187, § 1; W.S. 1957, § 36-44.1; Laws 1977, ch. 21, § 2; 1979, ch. 17, § 2; 1987, ch. 175, § 1; 1990, ch. 44, § 2; 1991, ch. 55, § 1; 1999, ch. 69, § 2; 2004, ch. 125, § 1; 2016, ch. 119, § 1.

The 2004 amendment added (j).

Laws 2004, ch. 125, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2016 amendment , effective July 1, 2016, near the beginning of (a), substituted “Not more than seventy-five percent (75%) of the members shall be from the same political party” for “not more than five (5) of whom shall be registered in the same political party” and made a stylistic change.

Editor's notes. —

There is no subsection (i) in this section as it appears in the printed acts.

Laws 2016, ch. 119, § 2 states as follows: “Nothing in this act shall be deemed to affect the current term of any member of any authority, board, commission, committee or council. The governor shall make appointments in accordance with this act for any vacancy occurring on or after the effective date of this act.”

Applicability. —

Laws 2004, ch. 125, § 2, provides: “The provisions of this act shall be applicable to any lands sought to be acquired or designated as a state park, state public recreation area, state historical park, state historical site, state archeological site, state geological site or state ecological site on or after April 1, 2004.”

Stated in

County Court Judges Ass'n v. Sidi, 752 P.2d 960 (Wyo. 1988).

§ 36-4-102. Advisory board.

1. There is established an advisory board consisting of one (1) member from each county to be appointed by the governor and to serve for a term of two (2) years. The governor may remove any board member as provided in W.S. 9-1-202 .
2. The president of the commission shall serve as the chairman of the advisory board. The advisory board shall meet at the call of the president of the commission or the governor.

History. Laws 1967, ch. 187, § 2; W.S. 1957, § 36-44.2; Laws 1987, ch. 175, § 1.

§ 36-4-103. What constitutes outdoor recreation areas and facilities.

For the purposes of this act, outdoor recreation areas and facilities shall include state parks, public recreation grounds, historical parks, and historical, archaeological, geological and ecological sites now in existence or hereafter created. As used in this section, W.S. 36-4-105 and 36-4-108 , “historical parks” includes all land and structures at South Pass City and Fort Fred Steele.

History. Laws 1967, ch. 187, § 3; W.S. 1957, § 36-44.3; Laws 1987, ch. 20, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 36-4-101(j).

§ 36-4-104. Powers; interpretive service agreements.

1. The department of state parks and cultural resources, in consultation with the commission, may, subject to the provisions of this act:
   1. Acquire and accept title in the name of the state of Wyoming, by grant, dedication, gift, devise, donation, or demise, to any lands suitable as an outdoor recreation area or facility;
   2. With the concurrence of the board of land commissioners, set aside and designate as an outdoor recreation area or facility any suitable tract of land belonging to the state of Wyoming which is not appropriated to some other fund or use;
   3. Take options to purchase lands subject to the approval and appropriation therefor of the next succeeding legislature;
   4. Accept any gifts or grants for archives, museums and historical purposes;
   5. Deaccession artifacts from the state’s collection;
   6. Enter into agreements with Wyoming financial institutions, financial institutions or persons operating remote electronic terminals for the collection of donations for the operation and maintenance of Wyoming state parks, historic sites and recreation areas. Donations received by the department pursuant to this paragraph shall be deposited in an operations and maintenance account and upon legislative appropriation shall be expended by the department for the daily operation of outdoor locations and facilities as described in W.S. 36-4-103 .
2. To provide interpretive and educational services at recreation areas and facilities, the department may enter into agreements with private, nonprofit scientific, historic or educational organizations organized solely for the purpose of providing interpretive and educational services at Wyoming recreation areas and facilities. The department may under any agreement entered into pursuant to this subsection, provide personnel services to assist any private, nonprofit organization with carrying out its interpretive and educational program and may provide space at or within any recreation area or facility for interpretive materials provided by the organization. Any organization entering into an agreement may:
   1. Offer interpretive or educational materials for sale at recreation areas and facilities. Revenues collected from sales under this paragraph shall be retained by the organization solely for use in providing interpretive or educational services at the area or facility for which the organization provides these services;
   2. Acquire display materials and equipment for exhibit at areas and facilities;
   3. Support special area or facility interpretive or educational programs, other interpretive projects related to a specific area or facility and may support area or facility resource centers.
3. The department, with the advice of the commission, shall promulgate rules and regulations as necessary to implement subsection (b) of this section. Rules and regulations adopted under this subsection shall specify:
   1. Procedures for entering into agreements for interpretive and educational services;
   2. Guidelines for approving interpretive materials which present both sides of an issue, if appropriate, in a balanced manner to be provided by the contracting organization at recreation areas and facilities; and
   3. Procedures for renewal and dissolution of agreements between the department and private, nonprofit organizations.
4. As used in subsections (b) and (c) of this section, “recreation areas and facilities” include both indoor and outdoor facilities at state parks, historic sites, recreation areas and historical, archaeological, geological and ecological sites as enumerated under W.S. 36-4-103 .
5. The department, with the advice of the commission, shall adopt procedures in accordance with this act for the acquisition or designation of any lands to be used as an outdoor recreation area or facility.
6. The department, in consultation with the commission, may recommend that any outdoor recreation area and facility be no longer designated as such or may recommend that it be disposed of through sale, exchange, lease or assignment of fee ownership. The recommendation for removal of the designation or disposal shall follow application of the criteria and procedures for accessioning areas or facilities under W.S. 36-4-106(e), (f) and (g).

History. Laws 1967, ch. 187, § 4; W.S. 1957, § 36-44.4; Laws 1990, ch. 44, § 2; 1991, ch. 55, § 1; 1994, ch. 37, § 1; 1999, ch. 69, § 2; 2004, ch. 125, § 1; 2010, ch. 10, § 1; 2014, ch. 9, § 1.

The 2004 amendment, in (a), added “subject to the provisions of this act” at the end; and added (e) and (f).

Laws 2004, ch. 125, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2010 amendment, effective July 1, 2010, rewrote (f).

The 2014 amendment added (a)(vi).

Laws 2014, ch. 9, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyo. Const. Approved March 4, 2014.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 36-4-101(j).

Appropriations. —

Laws 2004, ch. 125, § 3, provides: “There is a one-time appropriation from the budget reserve account to the department of state parks and cultural resources sixty-six thousand dollars ($66,000.00) for contract services and other administrative expenses under this act.”

Applicability. —

Laws 2004, ch. 125, § 2, provides: “The provisions of this act shall be applicable to any lands sought to be acquired or designated as a state park, state public recreation area, state historical park, state historical site, state archeological site, state geological site or state ecological site on or after April 1, 2004.”

§ 36-4-105. Naming of sites and parks.

Each state park, public recreation ground, historic park or archaeological, geological or ecological site created and established under this act shall be given an appropriate name by the department of state parks and cultural resources, in consultation with the commission.

History. Laws 1967, ch. 187, § 5; W.S. 1957, § 36-44.5; Laws 1987, ch. 20, § 1; 1990, ch. 44, § 2; 1999, ch. 69, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 36-4-101(j).

§ 36-4-106. Plan for acquisition and development of resources; authority of department; coordination of activities; exceptions; agreements with United States; state archaeologist.

1. The department of state parks and cultural resources, in consultation with the commission, shall prepare, maintain and keep up to date a comprehensive plan for the acquisition and development of outdoor recreation resources of the state. The department and the commission shall prepare the comprehensive plan in accordance with subsections (e) and (f) of this section. Authority is hereby granted to the department of state parks and cultural resources, in consultation with the commission, to develop, operate and maintain outdoor recreation areas and facilities of the state and to acquire pursuant to provisions of law, but not by the power of eminent domain, land, waters and interest in land and waters for such areas and facilities. Authority is hereby granted to the department, in consultation with the commission, to enter into contracts and agreements with the United States, or any appropriate agency thereof, to keep financial and other records relating thereto, and to furnish to appropriate officials and agencies of the United States such reports and information as may be reasonably necessary to enable such officials or agencies to perform their duties under the provisions of Public Law 88-578 or any other applicable federal statutes.
2. In connection with obtaining the benefits of any such program for the state of Wyoming, the department shall coordinate its activities with and fairly represent the interests of all agencies of the state, county, city and any other governmental units having interests in the planning, acquisition, development or maintenance of outdoor recreation resources and facilities within the state.
3. The department, in consultation with the commission, may enter into and administer agreements with the United States or any appropriate agency thereof for planning, acquisition and development of projects involving participation under federal aid funds on behalf of any county, city or other governmental unit; provided that such county, city or other local government unit gives necessary assurance to the department that it has available sufficient funds to meet its share of the cost of the project and that the acquired and developed areas will be operated and maintained at its expense for public outdoor recreation use.
4. There shall be appointed within the department of state parks and cultural resources a state archaeologist, who shall be a member of the department of anthropology of the University of Wyoming. The state archaeologist shall receive an annual salary to be determined by the Wyoming human resources division, which shall be in addition to any compensation received from the university. The state archaeologist may:
   1. Investigate, study, preserve and record such evidence of prehistoric and early historic human activity as shall be reported from time to time by citizens of the state or of which the survey may otherwise become aware;
   2. Begin and carry out as time permits an archaeological survey of the state, locating and recording all evidences of prehistoric and early historic human activity that may be encountered and maintaining records in the form of filed maps and documents deposited permanently at the University of Wyoming;
   3. Engage in systematic, intensive archaeological investigations of significance to the reconstruction of the prehistory and early history of the state as time and facilities permit and to solicit funds for this work from the various public and private foundations and other sources generally available to the field archaeologist;
   4. Prepare and publish from time to time technical reports bearing on the investigations carried out or of significance to the reconstruction of the prehistory and early history of the state;
   5. Cooperate to the extent of capacity with communities and other agencies in the state interested in the establishment of local archaeological museums and related activities;
   6. Cooperate with all agencies to the extent of capacity in the protection from vandalism, natural and other kinds of destruction of all objects of archaeological significance, to investigate, exhume and consult regarding archaeological human burials pursuant to W.S. 7-4-106 and to render aid in the enforcement of the Wyoming Antiquities Act;
   7. Distribute all publications of the survey to the public on request, either free or at a price to be determined.
5. The department of state parks and cultural resources, in consultation with the commission shall develop and maintain a comprehensive plan for the acquisition, disposal and development of outdoor recreation resources of the state. Criteria for evaluating resources for acquisition, disposal and development as an outdoor recreation area or facility under the plan shall be adopted as rules in accordance with the Wyoming Administrative Procedure Act.
6. Except as provided in subsection (g) of this section, prior to acquiring or accepting title to any lands for an outdoor recreation area or facility or designating or removing a designation of lands as an outdoor recreation area or facility, or disposing of any property as provided in W.S. 36-4-104(f), the department shall apply the site criteria process developed pursuant to subsection (e) of this section. The department shall consult with the commission regarding the application of the site criteria and may inform the joint travel, recreation, wildlife and cultural resources interim committee regarding the potential acquisition, designation, disposal or removal of designation. The department shall determine if the site should be acquired or disposed of or the lands so designated or removed from designation. After consultation with the commission, if the department determines the site should be acquired or disposed of or so designated or removed from designation, it shall make the recommendation to the joint travel, recreation, wildlife and cultural resources interim committee. The committee shall prepare legislation for the acquisition, disposal, removal from designation or designation of lands as an outdoor recreation area or facility as it determines appropriate and necessary.
7. The department may dispose of, designate or remove from designation any lands for an outdoor recreation area or facility without complying with the provisions of subsection (e) or (f) of this section if:
   1. The disposal, designation or removal of designation is de minimus in nature as provided in department rule and regulation. “De minimus”, as used in this paragraph, means the property in question is less than five (5) acres in size;
   2. The action conforms to either the department’s mission or the current strategic plan of the department;
   3. The action conforms to the provisions of the department’s current master plan for the park or site where the property is located; and
   4. The action is presented to the joint travel, recreation, wildlife and cultural resources interim committee for informational purposes prior to completion of the action.

History. Laws 1967, ch. 187, § 6; W.S. 1957, § 36-44.6; Laws 1969, ch. 168, § 15; 1973, ch. 162, § 1; 1989, ch. 140, § 2; 1990, ch. 44, § 2; 1999, ch. 69, § 2; 2004, ch. 125, § 1; 2010, ch. 10, § 1; 2019, ch. 59, § 2.

Cross references. —

For Wyoming Antiquities Act, see §§ 36-1-114 through 36-1-116 .

The 2004 amendment, in (a), inserted the second sentence and inserted “to” preceding “enter into contracts and agreements” in the fourth sentence; and added (e) and (f).

Laws 2004, ch. 125, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2010 amendment, effective July 1, 2010, inserted “disposal” twice in (e); in (f) inserted “Except as provided in subsection (g) of this section” and inserted variants of “disposal or removal of designation” throughout; and added (g).

The 2019 amendment, effective July 1, 2019, in (d)(vi), substituted “archaeological significance, to investigate, exhume and consult regarding archaeological human burials pursuant to W.S. 7-4-106 ” for “archaeological significance.”

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Federal act. —

Public Law 88-578, referred to in the last sentence in subsection (a), appears as 16 U.S.C. § 460 l -4 et seq.

Appropriations. —

Laws 2004, ch. 125, § 3, provides: “There is a one-time appropriation from the budget reserve account to the department of state parks and cultural resources sixty-six thousand dollars ($66,000.00) for contract services and other administrative expenses under this act.”

Applicability. —

Laws 2004, ch. 125, § 2, provides: “The provisions of this act shall be applicable to any lands sought to be acquired or designated as a state park, state public recreation area, state historical park, state historical site, state archeological site, state geological site or state ecological site on or after April 1, 2004.”

Law reviews. —

For article, “Conservation Easements: A Viable Tool for Land Preservation,” see XXXII Land & Water L. Rev. 89 (1997).

§ 36-4-107. Authority to lease; exchange of lands and contracts with United States.

The department, in consultation with the commission, shall have the power and is hereby authorized to lease, grant or operate any outdoor recreation area or facility belonging to the state which is not subject to lease, grant or operation by another agency of the state. The department, in consultation with the commission, may exchange state lands which are not appropriated to other use for United States outdoor recreation areas and facilities, and under contract with the United States, may take over the management, leasing and operation of any such area or facility. Where the department deems it to be in the best interest of the state, it may, in consultation with the commission, contract with the United States government or any authorized federal agency for the operation of any outdoor recreation area or facility established by the department.

History. Laws 1967, ch. 187, § 7; W.S. 1957, § 36-44.7; Laws 1990, ch. 44, § 2.

Cross references. —

As to exchange of state-owned and federal-owned lands, see § 36-1-106 .

§ 36-4-108. Acquisition and supervision of historical parks and sites.

1. The department, in consultation with the commission, may receive or acquire, but not by use of the power of eminent domain, historical parks and sites within the state. Nothing in this section limits the authority of the department to receive, acquire and to maintain, but not by use of the power of eminent domain, land for other outdoor recreation areas and facilities. The department shall be subject to the provisions of W.S. 36-4-106(e) and (f) when acting pursuant to this section.
2. The department shall:
   1. Supervise, maintain and control historic parks, including furnishing and controlling employees and equipment, possessing and controlling all items, objects and furnishings, and erecting all signs and markers;
   2. Interpret historic parks and prepare and arrange all items, objects, furnishings and information;
   3. Repealed by Laws 1990, ch. 44, § 3.
   4. Administer the state trails program; and
   5. Erect, maintain and remove monuments and markers.

History. Laws 1967, ch. 187, § 8; W.S. 1957, § 36-44.8; Laws 1987, ch. 20, § 1; 1990, ch. 44, §§ 2, 3; 1991, ch. 29, § 3; ch. 55, § 1; 2004, ch. 125, § 1.

The 2004 amendment, in (a), added the last sentence.

Laws 2004, ch. 125, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

Appropriations. —

Laws 2004, ch. 125, § 3, provides: “There is a one-time appropriation from the budget reserve account to the department of state parks and cultural resources sixty-six thousand dollars ($66,000.00) for contract services and other administrative expenses under this act.”

Applicability. —

Laws 2004, ch. 125, § 2, provides: “The provisions of this act shall be applicable to any lands sought to be acquired or designated as a state park, state public recreation area, state historical park, state historical site, state archeological site, state geological site or state ecological site on or after April 1, 2004.”

Am. Jur. 2d, ALR and C.J.S. references. —

Validity and construction of statute or ordinance protecting historical landmarks, 18 ALR4th 990.

Application and construction of § 106 of the National Historic Preservation Act of 1966 (16 USC § 470f), dealing with federally sponsored projects which affect historic properties, 68 ALR Fed 578.

§ 36-4-109. Contracts and agreements with United States for improvements and maintenance.

The department, in consultation with the commission, is authorized to enter into contracts and agreements with the United States or any duly authorized representative or agency thereof to cause state outdoor recreation areas and facilities to be improved and maintained and for that purpose may contract to secure the labor of members of organizations under the control of the federal government or some duly authorized representative or agency thereof.

History. Laws 1967, ch. 187, § 9; W.S. 1957, § 36-44.9; Laws 1990, ch. 44, § 2.

§ 36-4-110. Power to lease or rent concessions.

1. The department, in consultation with the commission, is empowered to lease, enter into contracts and assess fees for concessions, cabin sites, boat clubs, and other services of all lawful kinds and nature on state outdoor recreation areas or facilities to persons, partnerships, and corporations for a valuable consideration upon terms and conditions as the department deems fit and proper. Funds received by the department pursuant to this section shall be deposited and expended in accordance with W.S. 36-4-121(h).
2. The department, with the advice of the commission, shall promulgate rules that shall apply to any for profit business concession with a five (5) year or greater contract or lease term to promote the uniform and effective administration of state outdoor recreation areas and facilities. Rules adopted under this subsection shall specify:
   1. Uniform procedures for bidding, entering into leases or contracts and assessing fees under this section, consistent with W.S. 9-2-3204(b)(iv), and making any forms available in electronic format on the department website;
   2. Uniform guidelines for bonding and other obligations of service providers;
   3. Uniform contract and lease guidelines, including ranges within which to negotiate contract or lease terms including the duration of contracts and leases; and
   4. Any additional and prudent site-specific conditions and requirements.

History. Laws 1967, ch. 187, § 10; W.S. 1957, § 36-44.10; Laws 1990, ch. 44, § 2; 2005, ch. 97, § 1; 2019, ch. 66, § 1; 2021, ch. 56, § 3.

The 2005 amendment, rewrote this section to provide for deposit of funds for leases and concessions, cabin sites, boat clubs, and other services at state parks and historical and other sites.

Laws 2005, ch. 97, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2005.

The 2019 amendment, effective January 1, 2020, designated former undesignated paragraph as present (a), substituted “upon terms and conditions” for “upon such terms and conditions”; and added (b).

The 2021 amendment substituted "9-2-3204(b)(iv)" for "9-2-1016(b)(iv)" in (b)(i).

Laws 2021, ch. 56, § 7, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

Editor’s notes. —

Laws 2019, ch. 66, § 3, provides: “(a) This act and the rules required under this act shall apply to all new, renewed or renegotiated contracts or leases with for profit business concessions that have a five (5) year or greater contract or lease term provided that:

“(i) Any existing contract or lease shall expire when its current term ends without renewal and any new or replacement contract or lease shall comply with this act and any rules required under this act;

“(ii) For any existing contract or lease that expires between the effective date of this section and January 1, 2020, no new or replacement contract or lease shall be executed except that an interim contract or lease may be managed on a month to month basis subject to paragraph (iii) of this subsection;

“(iii) Any expired contract or lease that is being managed on a month to month basis shall terminate on or before January 1, 2020 and any new or replacement contract or lease shall comply with this act and any rules required under this act.”

§ 36-4-111. Authority to receive and expend monies; investments.

1. The state treasurer, after consultation with the governor, is hereby authorized and directed to receive and credit to the appropriate account any grant, donation, or bequest which is made to the state of Wyoming or the department which contains a condition or restriction that the income only therefrom shall be expended for the purposes provided by this act.
2. The department, in consultation with the commission, shall have the authority to receive in trust, any money or property of any kind or character, donated, granted, or bequeathed to the commission, the department or the state of Wyoming for outdoor recreation areas and facilities and to carry out the terms, if any, of any such grant, donation or bequest, or in the absence of any terms or limitations, to expend the money or the proceeds of any such property as it may deem advisable for outdoor recreation areas or facilities under the provisions of this act. The department shall be subject to the provisions of W.S. 36-4-106(e) and (f) when accepting property pursuant to this section to be designated as an outdoor recreation area or facility.
3. Money received and the proceeds or other property likewise received and disposed of by the department, in consultation with the commission, may be expended by the department for the purposes of this act.
4. Any money under this section shall be invested by the state treasurer in securities of any of the classes in which he is permitted by law to invest the general school funds of this state, and the interest received thereon shall be placed at the disposal of the department to be used by it in carrying out the purposes of this act.

History. Laws 1967, ch. 189, § 11; W.S. 1957, § 36-44.11; Laws 1974, ch. 16, §§ 2, 3; 1990, ch. 44, § 2; 2004, ch. 125, § 1; 2005, ch. 231, § 1.

The 2004 amendment, in (b), added the last sentence.

Laws 2004, ch. 125, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 19, 2004.

The 2005 amendment, effective July 1, 2005, substituted “appropriate account” for “trust and agency fund” in (a).

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 36-4-101(j).

Appropriations. —

Laws 2004, ch. 125, § 3, provides: “There is a one-time appropriation from the budget reserve account to the department of state parks and cultural resources sixty-six thousand dollars ($66,000.00) for contract services and other administrative expenses under this act.”

Applicability. —

Laws 2004, ch. 125, § 2, provides: “The provisions of this act shall be applicable to any lands sought to be acquired or designated as a state park, state public recreation area, state historical park, state historical site, state archeological site, state geological site or state ecological site on or after April 1, 2004.”

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 36-4-112. Receipt and expenditure of federal funds; use of funds from land and water conservation fund.

Authority is hereby granted for the state of Wyoming and its authorized representatives, with the approval of the governor, to receive and to disburse federal monies which may now and hereafter be available under the provisions of Public Law 88-578 [16 U.S.C. § 460 l -4 et seq.] or any other applicable federal statutes, for the acquisition, development, operation and maintenance of outdoor recreation areas and facilities of the state. All funds received because of state participation in the Land and Water Conservation Fund Act shall accrue to the state treasurer who shall deposit them in the appropriate accounts. No funds so received shall be used for any purpose other than the administration of the provisions of the Land and Water Conservation Fund Act. Such projects may be undertaken by the department in consultation with the commission only after it has been determined that sufficient funds are available for meeting the state’s share of project costs.

History. Laws 1967, ch. 187, § 12; W.S. 1957, § 36-44.12; Laws 1974, ch. 16, § 2; 1990, ch. 44, § 2; 1991, ch. 55, § 1.

Land and Water Conservation Fund Act. —

The federal Land and Water Conservation Fund Act (Public Law 88-578), referred to in the first three sentences, appears as 16 U.S.C. § 460 l -4 et seq.

§ 36-4-113. Private improvement permits.

The department of state parks and cultural resources may grant permits to any individual, improvement club or voluntary association, or committee representing such clubs and associations, to improve, without expense to the state, any outdoor recreation area or facility established under the provisions of this act. All such improvements, changes, alterations or restorations shall be outlined in writing or set forth in drawings and specifications furnished by the department and the work undertaken shall be subject to inspection and supervision by the department during the course thereof.

History. Laws 1967, ch. 187, § 13; W.S. 1957, § 36-44.13; Laws 1990, ch. 44, § 2; 1999, ch. 69, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 36-4-101(j).

§ 36-4-114. [Repealed.]

Repealed by Laws 1990, ch. 44, § 3.

Editor's notes. —

This section, which derived from Laws 1967, ch. 187, § 14, related to the organization and compensation of the Wyoming recreation commission.

§ 36-4-115. Rules and regulations; general penalty for violations.

1. The department of state parks and cultural resources in consultation with the commission shall promulgate and enforce all reasonable rules and regulations necessary to carry out this act.
2. Rules and regulations promulgated by the department under this act and governing state parks and historic sites shall include the:
   1. Conservation of peace and good order within each park;
   2. Preservation of state property;
   3. Promotion of the well-being of park visitors and residents; and
   4. Definition of a public nuisance within state parks and historic sites.
3. The department of state parks and cultural resources shall enforce its rules and regulations.
4. Any person violating this act or any rule and regulation promulgated by the department under subsection (b) of this section is guilty of a misdemeanor and shall be fined not more than seven hundred fifty dollars ($750.00), imprisoned for not more than six (6) months, or both.

History. Laws 1967, ch. 187, § 15; W.S. 1957, § 36-44.15; Laws 1989, ch. 8, § 1; 1990, ch. 44, § 2; 1999, ch. 69, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 36-4-101(j).

§ 36-4-116. [Repealed.]

Repealed by Laws 1982, ch. 48, § 3.

Cross references. —

As to administration of Hot Springs state park, see § 36-4-122 .

Editor's notes. —

This section, which derived from Laws 1967, ch. 187, § 16, provided an exemption from these provisions for Hot Springs state park.

§ 36-4-117. Jurisdiction over grazing districts.

Nothing in this act, shall be construed as giving jurisdiction to the department of state parks and cultural resources over interest in any grazing district established under the terms of the Taylor Grazing Act unless and until agreement and consent of the board of directors of the grazing district to this effect is formally secured.

History. Laws 1967, ch. 187, § 17; W.S. 1957, § 36.44-17; Laws 1990, ch. 44, § 2; 1999, ch. 69, § 2.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 36-4-101(j).

Taylor Grazing Act. —

The federal Taylor Grazing Act, referred to in this section, appears as 43 U.S.C. § 315 et seq.

§ 36-4-118. Compensation prohibited; per diem and travel expenses permitted.

The members of the commission and the advisory board shall not receive any compensation for their services, but when actually engaged in the performance of their duties, they shall be paid a per diem for each day of such actual service and be reimbursed for their travel expenses at the same rate applicable to travel expenses of other state officers.

History. Laws 1967, ch. 187, § 18; W.S. 1957, § 36-44.18.

Cross references. —

As to per diem allowance and transportation expenses for state officers, see § 9-3-102 .

§ 36-4-119. Existing agreements binding; successor to records and duties; taxation exemption.

1. Effective April 1, 1990 the department of commerce shall be bound by any and all agreements, contracts and obligations incurred by the Wyoming recreation commission to which it had been bound because they were incurred by the Wyoming state parks commission and land and water conservation commission and Old South Pass historical preserve commission prior to July 1, 1973, and shall succeed to all records, documents, equipment, and other personal or real property under the control and management of the parks commission of Wyoming and the state land and water conservation commission of Wyoming and the Old South Pass historical preserve commission of Wyoming acquired and used in the performance of duties previously imposed upon those commissioners. All money from operation of the Old South Pass historical preserve shall be credited to the general fund. Effective July 1, 1999 the department of state parks and cultural resources shall be bound by any and all agreements, contracts and obligations incurred by the department of commerce to which it had been bound because they were incurred by the Wyoming state parks commission and land and water conservation commission and Old South Pass historical preserve commission prior to July 1, 1973, and shall succeed to all records, documents, equipment, and other personal or real property under the control and management of the parks commission of Wyoming and the state land and water conservation commission of Wyoming and the Old South Pass historical preserve commission of Wyoming acquired and used in the performance of duties previously imposed upon those commissioners. All money from operation of the Old South Pass historical preserve shall be credited in accordance with W.S. 36-4-121(h).
2. The department of state parks and cultural resources, in consultation with the commission, is hereby charged with the duties and responsibilities heretofore devolved upon the Old South Pass historical preserve, and for the purpose of discharging same is hereby invested with all the powers and authority heretofore vested in such Old South Pass historical preserve, subject to the same limitations thereof; and the department of state parks and cultural resources, in consultation with the commission, is authorized to delegate the same, or so much thereof as it shall provide, to an administrator or to a committee appointed by it for the performance of its functions hereunder.
3. User fees and other charges for the South Pass preserve development are exempt from taxation by the state.

History. Laws 1967, ch. 187, § 19; W.S. 1957, § 36.44-19; Laws 1969, ch. 205, § 2; 1973, ch. 245, §§ 3, 5; 1990, ch. 44, § 2; 1999, ch. 69, § 2.

Cross references. —

As to powers of Old South Pass historical preserve, see §§ 36-8-501 and 36-8-502 .

Quoted in

Hagar v. Mobley, 638 P.2d 127, 1981 Wyo. LEXIS 404 (Wyo. 1981).

§ 36-4-120. [Repealed.]

Repealed by Laws 1990, ch. 44, § 3.

Editor's notes. —

This section, which derived from Laws 1967, ch. 187, § 20, related to transfer of employees from abolished commissions.

§ 36-4-121. Permits to use state parks, recreation areas and historic sites.

1. The department of state parks and cultural resources shall offer for sale permits that allow use of state parks, recreation areas, archeological sites and historic sites as designated by the department with the approval of the Wyoming parks and cultural resources commission. Permits may be subject to per person, per vehicle or time restrictions or any other restriction the director of the department deems appropriate. The director may waive any permit fee imposed pursuant to this section, offer discounts or offer at no charge complimentary permits or gift certificates for permits authorized by this section. Except as provided in subsection (n) of this section, the cost of the permits authorized under this section shall be approved by the commission and set in an amount not to exceed the following:
   1. through (xv) Repealed by Laws 2017, ch. 12, § 2.
   2. Waived for the following:
      1. Persons needing to pass through a state park or historic site to access private property shall be exempt from the entrance permit requirements of this section;
      2. Persons needing access to a state park or historic site to conduct official business or only to access a private commercial business without further use of the state park or historic site shall be exempt from the entrance permit requirements of this section;
      3. School groups on school sanctioned events including events sanctioned by educational programs defined under W.S. 21-4-101(a)(iii), (iv) and (v), and residents and staff of publicly owned homes or institutions while on official agency functions shall be exempt from the entrance permit requirements of this section;
      4. Not for profit groups or organizations needing access to a state park or historic site to provide volunteer assistance or services that have been previously agreed upon by the department of state parks and cultural resources shall be exempt from the permit requirements of this section.
   3. Resident annual daily use permit  . . . . .  $64.00
   4. Nonresident annual daily use permit  . . . . .  $96.00
   5. Resident daily use fee  . . . . .  $8.00
   6. Nonresident daily use fee  . . . . .  $12.00
   7. Resident overnight camping permit  . . . . .  $12.00
   8. Nonresident overnight camping permit  . . . . .  $18.00
   9. Annual resident overnight camping permit  . . . . .  $96.00
   10. Per person daily use bus fee for guided tours, which shall not be charged to persons under the age of eighteen (18) years  . . . . .  $5.00
   11. Daily use lodge permit  . . . . .  $300.00
   12. Daily use group picnic shelter and adjacent ground permit  . . . . .  $150.00
2. The department or any selling agent of the department may issue additional vehicle annual daily use permits or additional vehicle annual overnight camping permits upon payment of a fee in an amount not to exceed fifty percent (50%) of the cost of the original annual permit.
3. The department or any selling agent of the department may issue duplicate annual daily use permits or annual resident overnight camping permits upon the holder of the permit filing an affidavit showing the loss, mutilation or destruction of the original permit and upon payment of a fee in an amount not to exceed twenty-five percent (25%) of the cost of the original annual permit.
4. Repealed by Laws 1992, ch. 50, § 3.
5. The department through the division of state parks and historic sites shall in accordance with W.S. 36-4-123 , appoint selling agents to sell annual daily use and annual camping permits authorized under this section. Each appointed selling agent shall retain ten percent (10%) of the cost of each permit sold under this section as his sales commission. Designated department employees may sell permits required by this section but no employee of the department shall receive any commission on permits sold.
6. and (g) Repealed by Laws 1992, ch. 50, § 3.
7. The funds received by the department from the sale of the permits shall be deposited into an account within the special revenue fund, hereby created as the state parks account, and, except as otherwise provided by this subsection, may be expended by the department for capital construction projects, major maintenance, and site interpretation such as exhibits, signage and displays as approved by the legislature. Interest on funds in the account shall accrue to the account. Not more than thirty percent (30%) of the funds in the account in any fiscal year may also be expended, with legislative approval, for maintenance of outdoor recreation areas and facilities provided that no amount shall be expended for additional full-time employees or increases in salaries or overtime pay for full-time employees. For fiscal years 2022 and 2023 only, not more than sixty percent (60%) of the funds in the account may be expended, with legislative approval, for maintenance and operational costs associated with outdoor recreation areas and facilities provided that no amount shall be expended for additional full-time employees or increases in salaries or overtime pay for full-time employees.
8. Any person using state parks, recreation areas, archeological sites and historic sites and failing to obtain a permit authorized by this section and any person otherwise violating this section is guilty of a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
9. The department of state parks and cultural resources is authorized to contract with the town of Ranchester to implement a fee collection program at Connor Battlefield state historic site and to provide for park maintenance and operation. Notwithstanding subsection (h) of this section, fees collected for overnight camping at Connor Battlefield state historic site shall be deposited into a separate account and may be expended by the department pursuant to contracts entered into under this subsection.
10. Repealed by Laws 2009, ch. 168, § 207.
11. Any resident disabled veteran who receives fifty percent (50%) or more service connected disability compensation from the United States department of veteran’s affairs may apply to the department for a lifetime permit authorizing the use of state parks, recreation areas, archeological sites and historic sites without payment of any daily use, overnight or other fee authorized to be charged pursuant to this section. Only one (1) permit shall be issued to any qualified applicant under this subsection and shall be valid for the applicant and for all occupants of the applicant’s vehicle. In addition to information and other application procedural requirements prescribed by rule and regulation of the department, application for the lifetime permit shall include proof of residency and certification of the service connected disability. The lifetime permit is valid as long as the holder is a Wyoming resident. A permit under this subsection shall be issued to an eligible applicant without the imposition of a fee.
12. The department is authorized to sponsor special events and to contract with groups sponsoring special events at state parks, recreation areas, archeological sites or historic sites. A special event fee may be charged regardless of whether a daily use fee has been established by law and in addition to any other fee. All funds received from special events sponsored by the department shall be deposited in special events account. The funds deposited within the account are continuously appropriated to and may be expended by the department to conduct special events directly or pursuant to contracts entered under this subsection.
13. Repealed by Laws 2008, ch. 63, § 2.
14. There is created the LX Bar Ranch challenge account. The department of state parks and cultural resources may accept gifts from any individual or entity to maintain and improve the LX Bar Ranch and deposit those funds to the account. State funds deposited to the account are continuously appropriated to the department of state parks and cultural resources for purposes of maintaining and improving the LX Bar Ranch, but shall only be expended from the account upon a dollar for dollar matching distribution of nonstate funds or a matching contribution of in kind gifts. Funds in the account shall not lapse at the end of any fiscal period.
15. The department may establish methods whereby voluntary contributions may be accepted in support of state parks, historic sites, archeological sites or recreation areas. The department may suggest and solicit specific contribution amounts.
16. The department may, with the approval of the commission, charge an amenities fee in addition to any other fee authorized under this section for services designated by the commission as added amenities. Funds collected from the amenities fee authorized by this subsection shall be deposited in a separate account and are continuously appropriated to the department to pay the utility fees and maintenance costs for the additional amenities offered. The remaining funds collected from the amenities fee authorized by this subsection at the end of the fiscal year may be deposited in the state parks account and expended in accordance with subsection (h) of this section. Revenues and expenditures under this subsection for each of the immediately preceding two (2) fiscal years shall be reported within the department’s biennial budget request submitted under W.S. 9-2-1013 .
17. The department shall include as part of the opportunity to purchase a permit that allows use of state parks, recreation areas, archeological sites and historic sites the option for a permittee to donate an additional amount in support of wildlife conservation efforts related to the transportation system. Funds collected under this subsection shall be deposited into the wildlife conservation account created by W.S. 31-2-231(b).

History. Laws 1971, ch. 259, § 86; W.S. 1957, § 36-44.21; Laws 1973, ch. 58, § 1; 1974, ch. 16, § 2; 1988, ch. 32, § 1; 1990, ch. 44, § 2; 1991, ch. 85, § 1; 1992, ch. 45, § 1; ch. 50, §§ 2, 3; 1993, ch. 200, § 1; 1994, ch. 58, § 1; ch. 80, § 1; Laws 1999, ch. 68, § 1; ch. 69, § 2; 2001, ch. 4, § 1; 2003, ch. 7, § 1; ch. 57, § 2; ch. 84, § 1; 2004, ch. 67, § 1; 2005, ch. 128, § 1; ch. 231, § 1; 2008, ch. 63, § 2; ch. 106, § 1; 2009, ch. 168, § 207, ch. 169, § 1; 2012, ch. 63, § 1; 2014, ch. 7, § 2; 2015, ch. 14, § 1; 2017, ch. 12, §§ 1, 2; 2020, ch. 61, § 1; 2021, ch. 46, § 1.

The 2004 amendment, effective July 1, 2004, rewrote (h), which formerly directed that 80 percent of the funds be deposited in the capital construction account and 20 percent be deposited in the general fund.

The 2005 amendments. —

The first 2005 amendment, by ch. 128, § 1, in (h), substituted “department” for “division,” and inserted “major maintenance.”

Laws 2005, ch. 128, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 28, 2005.

The second 2005 amendment, by ch. 231, § 1, deleted “within the enterprise fund” in (h) and (o); and deleted “within the earmarked revenue fund” in (k).

See the conflicting legislation note. This section is set out incorporating the amendments by both 2005 acts.

The 2008 amendments.—

The first 2008 amendment, by ch. 63, § 2, effective March 7, 2008, repealed former (p), which read: “The Wyoming Veterans' Memorial Museum is exempt from the permit and fee requirements in this section.”

The second 2008 amendment, by ch. 106, § 1, effective January 1, 2009, in (a), revised dollar amounts, deleted “and sixty dollars ($60.00) per calendar year for an annual nonresident overnight camping permit” after “camping permit” in (ii), substituted “daily use” for “entrance” in (vii) and (ix), inserted present (xiv) and (xv) and redesignated former (xiv) to be (xvi).

The 2009 amendments. —

The first 2009 amendment, by Laws 2009, ch. 168, § 207, effective July 1, 2009, repealed (m), which read: “Notwithstanding subsection (h) of this section, fees collected at Keyhole state park by the department of state parks and cultural resources shall first be applied to expenses incurred by the department of state parks and cultural resources to implement and conduct the collection of such fees, and then shall be used to reimburse water development account I for the funds deposited in the Keyhole reservoir account established by W.S. 41-2-1001(a)(v) and funds expended to purchase water necessary to initially fill the recreation pool in Keyhole reservoir. Upon the repayment of the water development account, the fees shall be deposited in accordance with subsection (h) of this section. The game and fish department shall, from nonlicensure fees, reimburse water development account I in the amount of five thousand dollars ($5,000.00) per year until the water development account I is repaid.”

The second 2009 amendment, by Laws 2009, ch. 169, § 1, deleted “bucking horse” preceding “daily use permit” throughout the section; deleted “bucking horse” preceding “annual permit” in the second sentence of (a)(v); substituted “annual daily use” for “annual bucking horse daily” in the third sentence of (a)(xiii); substituted “daily use permit” for “bucking horse entrance permit” in two places and deleted “or nonresident” following “annual resident” in the first sentence of (b); deleted “or nonresident” following “annual resident” in (c); in (e), in the first sentence substituted “annual daily use and annual camping permits” for “bucking horse permits” and in the last sentence deleted “annual bucking horse daily use permits and other” preceding “permits”; substituted “permit” for “bucking horse permit or the other permits” in (j); and deleted “bucking horse” preceding permit in the first sentence in (n).

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2012 amendment, added (q).

Laws 2012, ch. 63 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 9, 2012.

The 2014 amendment, effective July 1, 2014, in (a)(xv), substituted “this paragraph for each of the immediately preceding two (2) fiscal years shall be reported within the department's biennial budget request submitted under W.S. 9-2-1013 ” for “this paragraph shall be reported annually to the joint appropriations and joint travel, recreation, wildlife and cultural resources interim committees on June 30, of each year” in the second sentence.

The 2015 amendment, effective July 1, 2015, in (a)(xv), substituted “the state parks” for “a capital construction” in the second sentence; in (h), substituted “into an account within the special revenue fund, hereby created as the state parks account” for “in a capital construction account” and made a related change, and added sentences two and three.

The 2017 amendments.— The first 2017 amendment, by ch. 12, § 1, effective July 1, 2017, rewrote the section.

The second 2017 amendment, by ch. 12, § 2, effective July 1, 2017, deleted (a)(i) through (a)(xv).

While neither amendment gave effect to the other, both have been given effect in this section as set out above.

The 2020 amendment, effective July 1, 2020, added (t).

The 2021 amendment added the last sentence in (h).

Laws 2021, ch. 46, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved April 1, 2021.

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Appropriations. —

Laws 2005, ch. 128, § 2, appropriates $7,000,000 from the general fund to the department of state parks and cultural resources, to fund road construction and major maintenance needs at outdoor recreation areas and facilities as defined in § 36-4-103 . The department is to prepare a five-year plan addressing capital needs, budget and need for general funds, if any, and is to submit its plan and a report to the joint appropriations and joint travel, recreation and wildlife interim committees by December 30, 2005.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 36-4-122. Administration of Hot Springs state park.

1. Effective April 1, 1990, the authority for management, control and administration of the Hot Springs state park located at Thermopolis, Hot Springs county, is vested in the department of state parks and cultural resources, in consultation with the commission. Effective July 1, 1999, the authority for management, control and administration of the Hot Springs state park located at Thermopolis, Hot Springs county, is vested in the department of state parks and cultural resources, in consultation with the commission. The state park will be administered by the department in accordance with W.S. 36-8-301 through 36-8-405 .
2. and (c) Repealed by Laws 1990, ch. 44, § 3.

History. Laws 1982, ch. 48, § 1; 1990, ch. 44, §§ 2, 3; 1999, ch. 69, § 2.

§ 36-4-123. Selling agents for registrations, licenses and permits.

1. The department of state parks and cultural resources through the division of parks and historic sites shall appoint selling agents to sell snowmobile registrations pursuant to W.S. 31-2-402 , permits under W.S. 36-4-121 and other licenses, registrations and permits for which the department may by law be required to issue and collect fees. Selling agents appointed under this section shall be bonded by the department, subject to the following:
   1. The appointed agent, prior to September 1 preceding the calendar year for which the bond is to be in effect, shall pay to the department a nonrefundable annual bonding fee of fifty dollars ($50.00);
   2. Any newly appointed agent shall pay the bonding fee prescribed under paragraph (a)(i) of this section to the department immediately upon appointment for the remainder of the calendar year in which appointed;
   3. Bonding fees collected under this subsection shall be deposited in a bond pool account, from which any claim against the bond of any selling agent and not directly collected from the agent shall be paid.
2. Each selling agent appointed under subsection (a) of this section shall:
   1. On or before the tenth day of each month on forms provided by the division, file a report with the division stating all sales of registrations, licenses or permits by the agent during the preceding month;
   2. Remit to the division all revenues collected by the agent from registration, license or permit sales during the preceding month reported under paragraph (b)(i) of this section, less any sales commission authorized by law;
   3. Annually account for and deliver to the division all unused, surplus or damaged registration decals, licenses or permits received by the agent.
3. In addition to any other penalty imposed by law, any selling agent failing to comply with this section and other applicable law shall not receive any sales commission authorized by law.

History. Laws 1992, ch. 50, § 1; 1999, ch. 69, § 2; 2005, ch. 231, § 1; 2009, ch. 169, § 1.

The 2005 amendment, effective July 1, 2005, deleted “within the trust and agency fund” in (a)(iii).

The 2009 amendment, effective July 1, 2009, deleted “bucking horse” following “31-2-402” in the introductory language of (a).

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 36-5-101. Qualifications of lessees; lease terms; rental.

1. No person shall be qualified to lease state lands unless that person has reached the age of majority, and is a citizen of the United States, or has declared an intention to become a citizen of the United States. No person or legal entity shall be qualified to lease state lands unless he or it has complied with the laws of this state and is authorized to transact business in this state.
2. The rental of any lease awarded shall be based on an economic analysis and shall reflect at least the fair market value for the same or similar use of the land based upon a formula adopted by the board using the following criteria:
   1. Readily available data averaged over an adequate number of years to remove any radical fluctuations;
   2. Factors which reasonably reflect the true market value of state leases;
   3. Parameters within which the board can be responsive to changing resource conditions, market demand and industry viability;
   4. Factors which reasonably reflect the contributions made by the lessee.

History. Laws 1929, ch. 108, § 9; R.S. 1931, § 91-109; Laws 1935, ch. 106, § 1; C.S. 1945, § 24-109; W.S. 1957, § 36-62; Laws 1973, ch. 213, § 2; 1997, ch. 200, § 1.

Rental offered must be considered by board. —

Under statute, amount of rental offered must be considered by board in leasing state lands, notwithstanding that offer exceeds reasonable rental value fixed by board. Sullivan Co. v. Meer, 58 Wyo. 90, 125 P.2d 168, 1942 Wyo. LEXIS 16 (Wyo. 1942).

Section permits lease and rights thereunder to pass to estate or representative of deceased lessee and, right of preference being property right, such representative becomes applicant entitled to preference in applying for renewal. Hogan v. Greenfield, 58 Wyo. 13, 122 P.2d 850, 1942 Wyo. LEXIS 11 (Wyo. 1942).

State school land leases and preferential rights thereunder pass to estate or representative of deceased and not to his heirs. Hogan v. Greenfield, 58 Wyo. 13, 122 P.2d 850, 1942 Wyo. LEXIS 11 (Wyo. 1942).

Discretion of board in leasing to qualified corporation. —

Where board, in exercising its discretionary power, leased state lands to qualified corporation holding expired lease, and neither exercised its discretion illegally, nor gravely abused it and no fraud is proved, board action must be affirmed. Banzhaf v. Swan Co., 60 Wyo. 201, 148 P.2d 225, 1944 Wyo. LEXIS 8 (Wyo. 1944).

Right to compulsory process. —

Court did not violate defendant's right to present a defense and to compulsory process because defendant identified the expert less than three days before trial, and if the expert's testimony was to be adequately “tested,” so as to facilitate the presentation of reliable evidence, the State must have been provided an opportunity to investigate the expert. Given such short notice by defendant, however, the State could not have assembled an adequate response to the expert's testimony prior to trial. Gruwell v. State, 2011 WY 67, 254 P.3d 223, 2011 Wyo. LEXIS 70 (Wyo. 2011).

Renewalapplicant required to match higher bid. —

Pursuant to this section, former Wyo. Stat. Ann. § 36-5-105(c), and Wyo. Bd. Land Comm'rs Rules, ch. 4, § 6, a party seeking to exercise its preferential right to renew a state lease was properly required to match a competing applicant's higher bid. Fair market value was established by the higher bid, without any maximum limit. Office of State Lands & Invs. v. Mule Shoe Ranch, Inc., 2011 WY 68, 252 P.3d 951, 2011 Wyo. LEXIS 71 (Wyo. 2011).

Applied in

Frolander v. Ilsley, 72 Wyo. 342, 264 P.2d 790, 1953 Wyo. LEXIS 47 (1953).

Quoted in

Stauffer v. Johnson, 71 Wyo. 386, 259 P.2d 753, 1953 Wyo. LEXIS 24 (1953).

Cited in

Riedel v. Anderson, 2003 WY 70, 70 P.3d 223, 2003 Wyo. LEXIS 88 (Wyo. 2003).

Law reviews. —

For comment, “Wyoming's Last Great Range War: The Modern Debate Over the State's Public School Lands,” see XXXIV Land & Water L. Rev. 75 (1999).

Library References. —

American Law of Mining, 2nd Edition §§ 63.01, 63.03 (Matthew Bender).

§ 36-5-102. Maximum term of agricultural or grazing lease.

No lease for agricultural or grazing purposes shall be issued for a term of more than ten (10) years.

History. Laws 1929, ch. 108, § 10; R.S. 1931, § 91-110; Laws 1937, ch. 49, § 1; C.S. 1945, § 24-110; W.S. 1957, § 36-63.

Entitled to renewal at same rental. —

Where lessee is entitled to renewal on ground of reclamation of land he is entitled to such renewal at same rental as that stipulated in original lease under which reclamation occurred. State ex rel. Harrison v. State Bd. of Land Comm'rs, 10 Wyo. 413, 69 P. 562, 1902 Wyo. LEXIS 20 (Wyo. 1902).

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-103. Application for lease; cancellation of application.

Any person, firm, association or corporation desiring to lease state lands for agricultural and grazing purposes shall file with the director an application on the form approved by the board, which must be accompanied by the regular filing fee, and a certified check, bank draft, cashier’s check, post office or express money order, cash or personal check acceptable to the director for the full amount of the first year’s rental offered; and if there are improvements owned by another located upon said lands, the applicant must also transmit in the manner above provided, the estimated amount of the value of the improvements as listed in his application, and in the event the successful applicant fails, refuses or neglects to complete the lease awarded, or otherwise fails, refuses, or neglects to comply with the provisions of this act, or the rules and regulations of the board, after having been given thirty (30) days notice by registered mail, the application shall be cancelled and the sum remitted as rentals and twenty-five percent (25%) of the sum remitted for improvements shall be retained by the board as liquidated damages; and the sum paid as rental shall be paid by the director to the state treasurer and credited by him to the proper permanent land income fund account, and the sum paid for improvements shall be credited to the general fund.

History. Laws 1929, ch. 108, § 11; 1931, ch. 41, § 1; R.S. 1931, § 91-111; C.S. 1945, § 24-111; W.S. 1957, § 36-64; Laws 1973, ch. 245, § 3; 1992, ch. 55, § 3.

Cross references. —

As to filing fees, see § 36-3-110 .

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 36-1-101(a)(viii).

Furnishing of untrue information in application. —

Although information furnished board in application for lease by other parties within one mile of tract applied for was untrue, board was not required to cancel lease in contest proceeding in absence of showing state had been damaged thereby or that contestant's interest had been injuriously affected. Bucknum v. Johnson, 21 Wyo. 26, 127 P. 904, 1912 Wyo. LEXIS 11 (Wyo. 1912).

Mandamus to require issuance of lease precluded. —

Where mineral lease applicant had adequate remedy by appeal from contest proceeding before the board to determine priority of applications for mineral prospectors' leases under board rules, mandamus would not lie to require issuance of lease. State ex rel. Walls v. State Bd. of Land Comm'rs, 36 Wyo. 302, 254 P. 491, 1927 Wyo. LEXIS 34 (Wyo. 1927).

Applied in

Frolander v. Ilsley, 72 Wyo. 342, 264 P.2d 790, 1953 Wyo. LEXIS 47 (1953).

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-104. Time for filing renewal applications.

All applications to lease grazing and agricultural lands under outstanding leases must be filed in the office of state lands and investments not earlier than one hundred twenty (120) days prior to, and not later than thirty (30) days prior to the expiration date of the existing lease. Any conflicting application to lease grazing and agricultural lands under any existing lease shall be filed in the office of state lands and investments not earlier than one hundred twenty (120) days prior to, and not later than, ninety (90) days prior to the expiration date of the existing lease. Upon receipt of a conflicting lease application the office of state lands and investments shall notify the current lessee that a conflicting lease application has been received and shall provide the current lessee not less than thirty (30) days from receipt of notice to file a lease renewal application.

History. Laws 1929, ch. 108, § 12; R.S. 1931, § 91-112; C.S. 1945, § 24-112; W.S. 1957, § 36-65; Laws 1992, ch. 55, § 3; 1998, ch. 13, § 1; 2000, ch. 49, § 1.

Right to renew. —

Former statute entitling lessee of state lands to renewal of lease for five-year periods, aggregating 20 years, did not give lessee of school lands granted to state by Act of Admission vested right to renewal, since that would violate condition on which school lands were granted to state. State ex rel. Huckfeldt v. State Bd. of Sch. Land Comm'rs, 20 Wyo. 162, 122 P. 94, 1912 Wyo. LEXIS 28 (Wyo. 1912).

Board's discretion in renewal of leases should not be interfered with by courts except in cases of fraud or grave abuse resulting in manifest wrong or injustices. Baker v. Brown, 12 Wyo. 198, 74 P. 94, 1903 Wyo. LEXIS 34 (Wyo. 1903).

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-105. Criteria for leasing; preferences; assignments, subleases or contracts; lands taken for war purposes; mineral lands excepted; agricultural lands.

1. All state lands leased by the state board of land commissioners, for grazing and other agricultural purposes shall be leased in such manner and to such parties as shall inure to the greatest benefit to the state land trust beneficiaries.
2. In leasing vacant lands, preference shall in all cases be given to applicants who are bona fide resident citizens of the state qualified under the provisions of W.S. 36-5-101 , and to persons or legal entities authorized to transact business in the state, having actual and necessary use for the land and who are the owners, lessees or lawful occupants of adjoining lands, who offer to pay an annual rental at not less than fair market value, as determined by the economic analysis pursuant to W.S. 36-5-101 (b), for the use of the forage or other commodity available annually on the land for a period of ten (10) years.
3. An applicant who is the holder of an expiring lease, and has paid the rental when due, and has not violated the provisions of the lease, and is qualified under the provisions of W.S. 36-5-101 , shall have a preferred right to renew such lease by meeting the highest bid offered by another qualified applicant who has actual and necessary use for the land and available forage and whose bid is not less than the minimum fair market value as determined by the board for the same or a similar use of land using the formula developed pursuant to W.S. 36-5-101 (b) and not more than one hundred twenty percent (120%) of the maximum fair market value as determined by the board based on the previous year’s values for the state, district or county, whichever is most localized and available, as determined by the national agricultural statistics service utilizing:
   1. The private land lease rate per animal unit month for Wyoming grazing leases; or
   2. The private land irrigated or nonirrigated cropland lease rate, as applicable, for Wyoming cropland leases on irrigated or nonirrigated cropland; and
   3. A downward adjustment of twenty percent (20%) to reasonably reflect lessee contributions typically provided as a part of a private land grazing lease rate or a private cropland lease rate, as applicable.
4. If the lessee of state lands shall assign, sublease or contract all or any part of the lease area, the lease shall be subject to cancellation unless such assignment or sublease or contract is approved by the director, subject to criteria established by the board of land commissioners; however, no such approval shall be arbitrarily or unreasonably withheld and all action upon each application therefor, shall be such as will inure to the greatest benefit to the state land trust beneficiaries, provided, that in no event shall the lands be subleased unless one-half (1/2) of the excess rental is paid to the state.
5. Repealed by Laws 2007, ch. 111, § 2.
6. Provided further, that whenever any state owned lands have been or may hereafter be condemned or acquired by the United States for war purposes and whenever said lands may hereafter be reconveyed to the state of Wyoming by the said United States or any department thereof, then in such event the state board of land commissioners shall give preference to the lessee holding said lands at the time of the taking of said lands by the said United States or any department thereof.
7. Provided further, that this act shall not be applicable to the leasing of state mineral lands under the provisions of W.S. 36-6-101 through 36-6-105 , as amended.

History. Laws 1929, ch. 108, § 13; 1931, ch. 45, § 1; R.S. 1931, § 91-113; Laws 1943, ch. 60, § 1; 1945, ch. 34, § 1; C.S. 1945, § 24-113; W.S. 1957, § 36-66; Laws 1967, ch. 223, § 1; 1997, ch. 200, § 1; 2007, ch. 111, §§ 1, 2; 2009, ch. 157, § 1.

The 2007 amendment, effective July 1, 2007, redesignated former (a) as present (a) through (c) and redesignated the existing paragraphs accordingly; in present (a) deleted “Except as herein provided” at the end of the paragraph; in present (b) inserted “In leasing vacant lands”; in present (c) substituted “by another qualified applicant who has actual and necessary use for the land and available forage and whose bid” for “which”; and repealed former (e), which pertained to further provision of the state board of land commissioners in the leasing of state agricultural lands in such manner and to such parties as shall inure to the greatest benefit to the state land trust beneficiaries.

The 2009 amendment, effective July 1, 2009, in (c), substituted “not less than the minimum fair market value as determined by the board” for “based on the fair market value using the formula developed by the board pursuant to W.S. 36 5 101(b)” and added the provisions beginning with “using the formula” at the end; and added (c)(i) through (c)(iii).

Meaning of “this act.” —

For the definition of “this act,” as used in (d), see § 36-1-101(a)(viii).

Legislative history of section. —

See Bosler v. McKechnie, 362 P.2d 809, 1961 Wyo. LEXIS 99 (Wyo. 1961).

Section supersedes § 36-5-108 to extent of conflict. —

This section with its preference in all cases for “lawful occupants” of adjoining land, has superseded § 36-5-108 to such extent as there may be a conflict. Risha v. Willadsen, 397 P.2d 803, 1964 Wyo. LEXIS 137 (Wyo. 1964).

Preference not unconstitutional. —

Giving preference to old lessee in applications for leases of school land is not unconstitutional as giving an absolute right of renewal. Mercer v. Thorley, 48 Wyo. 141, 43 P.2d 692, 1935 Wyo. LEXIS 26 (Wyo. 1935).

No vested right to renewal. —

Former statute entitling lessee of state lands to renewal of lease for five year periods, aggregating 20 years, did not give lessee of school lands granted to state by act of admission vested right to renewal, since that would violate condition on which school lands were granted to state. State ex rel. Huckfeldt v. State Bd. of Sch. Land Comm'rs, 20 Wyo. 162, 122 P. 94, 1912 Wyo. LEXIS 28 (Wyo. 1912).

Board is only authority vested with power to lease state lands. Banzhaf v. Swan Co., 60 Wyo. 201, 148 P.2d 225, 1944 Wyo. LEXIS 8 (Wyo. 1944).

Section becomes binding when board decides to lease. —

The provisions of law in this section become binding upon the board's action if and when it decides to lease school lands. Mayor v. Board of Land Comm'rs, 64 Wyo. 409, 192 P.2d 403, 1948 Wyo. LEXIS 7 (Wyo.), reh'g denied, 64 Wyo. 430, 195 P.2d 752 (Wyo. 1948).

Discretion of board in both leasing and sale of school lands of state has been given very broad scope subject only to the limitation that review by the courts may be had of its action in the event of the board's transgression of provisions of positive law, fraud or having committed a grave abuse of that discretion. Whether the board has exceeded this limitation must be determined from the varying circumstances of individual cases. Mayor v. Board of Land Comm'rs, 64 Wyo. 409, 192 P.2d 403, 1948 Wyo. LEXIS 7 (Wyo.), reh'g denied, 64 Wyo. 430, 195 P.2d 752 (Wyo. 1948).

In leasing state lands, board exercises wide discretion which should be controlling except in case of illegal exercise thereof, or fraud or grave abuse of such discretion. Banzhaf v. Swan Co., 60 Wyo. 201, 148 P.2d 225, 1944 Wyo. LEXIS 8 (Wyo. 1944).

Former § 91-113, R.S. 1931, provided that the greater revenue to the state should be considered. That clause was left out of the present statute, although, of course, the greatest revenue might still be involved in the greatest benefit. But the change in the statute seems to show that the legislature meant to increase the discretion of the board. Frolander v. Ilsley, 72 Wyo. 342, 264 P.2d 790, 1953 Wyo. LEXIS 47 (Wyo. 1953).

What is greatest benefit to state is matter within sound discretion of board, and in the absence of abuse of discretion, or fraud or illegal action, the supreme court would be compelled to uphold the lower court and the board. Thompson v. Conwell, 363 P.2d 927, 1961 Wyo. LEXIS 110 (Wyo. 1961).

Judgment of board judicial in character. —

The exercise of the power conferred upon the board to lease the lands of the state to parties which shall inure to the greatest benefit, and secure the largest revenue to the state, requires judgment and discretion. No inflexible rule is laid down for the guidance of the board in those matters. The judgment and discretion to be exercised is judicial in character, and in an application for the writ of mandamus, it is not proper for the supreme court to interpose its opinion and judgment in the place of that of the board, even if the conclusion which the latter has reached upon the facts should appear to have been erroneous. Jassman v. Wulfjen, 71 Wyo. 261, 257 P.2d 334, 1953 Wyo. LEXIS 17 (Wyo. 1953).

But board must consider preference right of renewal. —

By the preference right of renewal contained in this section, the legislature has, in this instance, distinctly limited or regulated the board's discretion. It must take into consideration that right. Frolander v. Ilsley, 72 Wyo. 342, 264 P.2d 790, 1953 Wyo. LEXIS 47 (Wyo. 1953).

And state policy to recognize equities in ranching business.—

This section clearly shows that the legislature meant to make it the policy of the state to recognize equities in those who have built up a ranching business in the state which should be considered in passing upon applications for renewal of expiring leases, and that the absence of such policy would be injurious, if not destructive, to that industry. Stauffer v. Johnson, 71 Wyo. 386, 259 P.2d 753, 1953 Wyo. LEXIS 24 (Wyo. 1953).

Under this section boards' discretion in granting renewal of lease of agricultural school land must be governed by policy of state to recognize equities in those who have built up ranching business. Kerrigan v. Miller, 53 Wyo. 441, 84 P.2d 724, 1938 Wyo. LEXIS 24 (Wyo. 1938); Frolander v. Ilsley, 72 Wyo. 342, 264 P.2d 790, 1953 Wyo. LEXIS 47 (Wyo. 1953).

But granting of renewal lease not mandatory. —

Contention that when an applicant for the lease of state school lands who is in all respects qualified to hold it as a renewal lessee presents his application for such a lease to the board that body must grant the lease and may not under any circumstances decline to issue it to him could not be sustained. Mayor v. Board of Land Comm'rs, 64 Wyo. 409, 192 P.2d 403, 1948 Wyo. LEXIS 7 (Wyo.), reh'g denied, 64 Wyo. 430, 195 P.2d 752 (Wyo. 1948).

Preference renewal right should not be rejected on slight, trivial or technical grounds, but only when the board finds, on sound grounds, that the greatest benefit to the state would not be subserved by granting it. The board has a large discretion, which can be overturned only if there is a violation of law, or fraud, or illegal exercise of discretion or an abuse of discretion. Frolander v. Ilsley, 72 Wyo. 342, 264 P.2d 790, 1953 Wyo. LEXIS 47 (Wyo. 1953).

Preferred applicant not required to be holder of expiring lease.—

This section does not expressly state that an applicant must be the holder of an expiring lease from the state in order to be entitled to a preference as the old lessee. Risha v. Willadsen, 397 P.2d 803, 1964 Wyo. LEXIS 137 (Wyo. 1964).

Person having only oral license or permission to graze livestock is “lawful occupant” of adjoining sections of land within the meaning of this section. Risha v. Willadsen, 397 P.2d 803, 1964 Wyo. LEXIS 137 (Wyo. 1964).

Requirement of leasing for greatest benefit qualified by preferenceright of renewal. —

Subsection (e) qualifies all preferences by making a further proviso that lands are to be leased to such parties as shall inure to the greatest benefit to the state. However, this qualification is itself limited by a proviso to the effect that the owner of an expiring lease shall have a preferred right to renew such lease. Therefore, even the legislative directive to lease for the greatest benefit to the state is still specifically made contingent upon the old lessee having a preferred right to renew his lease. Thompson v. Conwell, 363 P.2d 927, 1961 Wyo. LEXIS 110 (Wyo. 1961).

Which section gives qualified person. —

This section, on its face, and in the absence of violation of the lease, and when the rental has been paid, gives precedence to the right of renewal to a qualified person. Bosler v. McKechnie, 362 P.2d 809, 1961 Wyo. LEXIS 99 (Wyo. 1961); Thompson v. Conwell, 363 P.2d 927, 1961 Wyo. LEXIS 110 (Wyo. 1961).

And which is superior to right of applicant claiming on basisof need. —

In subsection (a), the preference afforded to applicants having actual and necessary use for the land and who are the owners of adjoining lands is limited by the words “Except as herein provided.” Then it is expressly stated in a proviso clause that the owner of an expiring lease shall have a preferred right to renew such lease. That language clearly gives the old lessee the first priority ahead of applicants claiming on the basis of a need and owning adjoining lands. Thompson v. Conwell, 363 P.2d 927, 1961 Wyo. LEXIS 110 (Wyo. 1961).

Refusing such preference deemed detriment to state's interest.—

What the legislature meant in the 1945 amendment to this section is that the refusal to give effect to the preference right of renewal is a detriment to the interest of the state. Bosler v. McKechnie, 362 P.2d 809, 1961 Wyo. LEXIS 99 (Wyo. 1961).

Exception to preference right of renewal. —

See Howard v. Lindmier, 67 Wyo. 78, 214 P.2d 737, 1950 Wyo. LEXIS 6 (Wyo. 1950).

New applicant favored over former lessee. —

Where new applicant owned land adjoining leased land, had livestock and needed land, board was justified in holding that best interest of state required lease of land to new applicant instead of to former lessee less favorably situated. Kerrigan v. Miller, 53 Wyo. 441, 84 P.2d 724, 1938 Wyo. LEXIS 24 (Wyo. 1938).

Unnecessary for applicant to have land adjoining. —

Board acted under misapprehension of law in rejecting applications for grazing leases on ground that applicants had no land adjoining that applied for. Sullivan Co. v. Meer, 58 Wyo. 90, 125 P.2d 168, 1942 Wyo. LEXIS 16 (Wyo. 1942).

Only lands in vicinity required. —

To obtain preferential rights applicant for lease need not own adjoining lands; all that is required is that he has lands in vicinity of that applied for. Sullivan Co. v. Meer, 58 Wyo. 90, 125 P.2d 168, 1942 Wyo. LEXIS 16 (Wyo. 1942).

Section does not require applicant use land by own livestock.—

This section does not, in terms at least, require that a party with a preference right of renewal and applying for renewal of an expiring lease must necessarily use the leasehold herself by means of her own livestock, and the supreme court has no right to read such a provision into it. Frolander v. Ilsley, 72 Wyo. 342, 264 P.2d 790, 1953 Wyo. LEXIS 47 (Wyo. 1953).

Long use of state lands by an applicant, when no renewal lease is involved, tends to show that use was “necessary” within section, so as to grant as preferential right. Sullivan Co. v. Meer, 58 Wyo. 90, 125 P.2d 168, 1942 Wyo. LEXIS 16 (Wyo. 1942).

Absolute necessity not required. —

This section does not contemplate absolute necessity in order to entitle applicant for state land lease to preferential right. Sullivan Co. v. Meer, 58 Wyo. 90, 125 P.2d 168, 1942 Wyo. LEXIS 16 (Wyo. 1942).

Consideration of need. —

In proceeding before land commissioner (now board) testimony in record was held ample to justify court in finding certain sheep were property of lessee's estate and that it needed land in controversy to graze them. Hogan v. Greenfield, 58 Wyo. 13, 122 P.2d 850, 1942 Wyo. LEXIS 11 (Wyo. 1942).

Provision that preference shall be given to citizens and taxpayers is required to be followed only where other things are equal and does not mean that in all cases and under all circumstances alien's or nontaxpayer's application must be rejected in favor of citizen or taxpayer. Cooper v. McCormick, 10 Wyo. 379, 69 P. 301, 1902 Wyo. LEXIS 18 (Wyo. 1902).

Individual deemed resident citizen. —

Applicant for renewal of state land lease who registered to vote for 1942 election in Wyoming, where he maintained office and home and lived practically all his life, was resident citizen even though he voted in Montana several years before. Hawks v. Creswell, 60 Wyo. 1, 144 P.2d 129, 1943 Wyo. LEXIS 1 (Wyo. 1943).

Grant of lease to nonresident. —

Where rival claimants both had a need for state land, but one was a nonresident, a lease on state land granted by the board to the nonresident who, together with her predecessors in interest, had a lease on the property for many years past, was not invalid in view of the provision of this section that preference in state leasing should be given to bona fide resident citizens of the state, since the board must be assumed to have known the law on this point, to have obeyed it and, in its deliberations, to have considered both the citizenship of the nonresident and her previous relationship as lessee, as well as all facts and circumstances relating to the needs, uses and benefits of each of the parties and of the people of the state of Wyoming. Jassman v. Wulfjen, 71 Wyo. 261, 257 P.2d 334, 1953 Wyo. LEXIS 17 (Wyo. 1953).

Title passing under will. —

Where title to state land leases passed to stepson and his nephews under residuary clause of stepmother's will, stepson with nephews' consent continuing to operate same, and where value thereof was not needed to pay estate debts, stepson was holder of expiring leases, notwithstanding failure of administratrix's final report and order discharging her to mention them. Hawks v. Creswell, 60 Wyo. 1, 144 P.2d 129, 1943 Wyo. LEXIS 1 (Wyo. 1943).

Preferential rights pass to estate or representative of deceasedlessee. —

State school land leases and preferential rights thereunder pass to estate or representative of deceased and not to his heirs. Hogan v. Greenfield, 58 Wyo. 13, 122 P.2d 850, 1942 Wyo. LEXIS 11 (Wyo. 1942).

Section 36-5-101 is broad enough to permit lease and rights thereunder to pass to estate or representative of deceased lessee and, right of preference being property right, such representative becomes applicant entitled to preference in applying for renewal. Hogan v. Greenfield, 58 Wyo. 13, 122 P.2d 850, 1942 Wyo. LEXIS 11 (Wyo. 1942).

Covenant against subletting not violated. —

Old lessees who during period of old lease had entered into written agreements to rent leased state land for pasturage in excess of yearly rent paid to the state were not guilty of fraud in answering “No” to question in application for new state lease as to whether they had ever subleased said lands for a cash consideration in excess of the rental paid to the state without payment of 1/2 of such excess to the state, or in failing to file copies of the written agreements in regard to pasturage or in failing to divide with the state the amounts received under the agreement, since the agreements did not violate covenant against subletting. Stauffer v. Johnson, 71 Wyo. 386, 259 P.2d 753, 1953 Wyo. LEXIS 24 (Wyo. 1953).

Misstatement of fact in application to renew expiring lease, resulting from change made without party's knowledge, would not deprive that party of a new lease. Frolander v. Ilsley, 72 Wyo. 342, 264 P.2d 790, 1953 Wyo. LEXIS 47 (Wyo. 1953).

An inaccurate statement of the record title to land in which party applying for renewal of expiring lease had interest was a technicality since board had facts before it and did not cause forfeiture of party's right of preference. Frolander v. Ilsley, 72 Wyo. 342, 264 P.2d 790, 1953 Wyo. LEXIS 47 (Wyo. 1953).

Section does not give any preference right to the first party complying therewith. The board fixes the rental. It may reject any offer that is made and demand a higher rental, at least one not exceeding the maximum rental fixed by rule. Frolander v. Ilsley, 72 Wyo. 342, 264 P.2d 790, 1953 Wyo. LEXIS 47 (Wyo. 1953).

Under section amount of rental offered must be considered by board in leasing state lands, notwithstanding that offer exceeds reasonable rental value fixed by board. Sullivan Co. v. Meer, 58 Wyo. 90, 125 P.2d 168, 1942 Wyo. LEXIS 16 (Wyo. 1942).

Highest rental offer. —

Where no renewal lease is involved, offer of the highest rental must be taken into consideration by board though it is not the sole factor. Sullivan Co. v. Meer, 58 Wyo. 90, 125 P.2d 168, 1942 Wyo. LEXIS 16 (Wyo. 1942).

District court's action which reversed board's decision denying two applications for leases of parts of tract awarded by it to another applicant held not error in view of higher rental offered by the denied applicants. Sullivan Co. v. Meer, 58 Wyo. 90, 125 P.2d 168, 1942 Wyo. LEXIS 16 (Wyo. 1942).

Where contesting applicant offered $.05 per acre as rental charge, there was no abuse of discretion on part of board in making award of leases to applicant who offered $.125 per acre. Brown v. Wintermute, 59 Wyo. 254, 139 P.2d 435, 1943 Wyo. LEXIS 13 (Wyo. 1943).

Renewalapplicant required to match higher bid. —

Pursuant to this section, Wyo. Stat. Ann. § 36-5-101(b), and Wyo. Bd. Land Comm'rs Rules, ch. 4, § 6, a party seeking to exercise its preferential right to renew a state lease was properly required to match a competing applicant's higher bid. Fair market value was established by the higher bid, without any maximum limit. Office of State Lands & Invs. v. Mule Shoe Ranch, Inc., 2011 WY 68, 252 P.3d 951, 2011 Wyo. LEXIS 71 (Wyo. 2011).

Renewal at same rental. —

Where lessee is entitled to renewal on ground of reclamation of land, he is entitled to such renewal at same rental as that stipulated in original lease under which reclamation occurred. State ex rel. Harrison v. State Bd. of Land Comm'rs, 10 Wyo. 413, 69 P. 562, 1902 Wyo. LEXIS 20 (Wyo. 1902) (decided under prior law).

Increased rental on renewal. —

On trial of conflicting land lease applications, court did not err in directing successful applicant for renewal leases to pay, and board to receive from him, reasonable increase in rental equal to that offered by unsuccessful applicants. Hawks v. Creswell, 60 Wyo. 1, 144 P.2d 129, 1943 Wyo. LEXIS 1 (Wyo. 1943).

Where party having preference right under section offered to pay rental below minimum limit in application to renew expiring lease, there was no violation of this section in loss of preference right, since provision requiring offer of rental within minimum and maximum limits refers to parties other than those who have a preference right. Frolander v. Ilsley, 72 Wyo. 342, 264 P.2d 790, 1953 Wyo. LEXIS 47 (Wyo. 1953).

Issuing lease without competitive bidding. —

State oil land lease issued to developing occupant without competitive bidding was not against public policy under former C.S. 1920, §§ 699 and 706, as it was proper exercise of board's discretion to encourage improvement of the property. Miller v. Hurley, 37 Wyo. 344, 262 P. 238, 1927 Wyo. LEXIS 95 (Wyo. 1927).

Cancelling lease. —

Although information furnished board in application for lease by other parties within a mile of tract applied for was untrue, board was not required to cancel lease in contest proceeding in absence of showing state had been damaged thereby or that contestant's interest had been injuriously affected. Bucknum v. Johnson, 21 Wyo. 26, 127 P. 904, 1912 Wyo. LEXIS 11 (Wyo. 1912).

Board's discretion in renewing leases should not be interfered with by courts except in cases of fraud or grave abuse resulting in manifest wrong or injustice. Baker v. Brown, 12 Wyo. 198, 74 P. 94, 1903 Wyo. LEXIS 34 (Wyo. 1903).

Review of board's discretion on appeal. —

Trial before district court is de novo and judgment of trial court cannot be entirely ignored as to facts which first appeared there, but discretion of board is not thereby wiped out on appeal and that of trial judge substituted. Sullivan Co. v. Meer, 58 Wyo. 90, 125 P.2d 168, 1942 Wyo. LEXIS 16 (Wyo. 1942).

Trial de novo mentioned in § 36-2-206 is limited to determination by district court whether, on facts proved, there was “an illegal exercise” of board's discretion, fraud or “grave abuse of such discretion.” Banzhaf v. Swan Co., 60 Wyo. 201, 148 P.2d 225, 1944 Wyo. LEXIS 8 (Wyo. 1944).

Jurisdiction of court. —

Where board had executed lease for state lands to a person and relator contended that lands were wrongfully leased, lessee not being party to proceeding, court was without jurisdiction to order cancellation of lease, and board should not be required to execute another lease for same land. State ex rel. Marsh v. State Land Comm'rs, 7 Wyo. 478, 53 P. 292, 1898 Wyo. LEXIS 15 (Wyo. 1898).

Burden of proof. —

Burden devolves upon unsuccessful applicant for state land lease to show that successful renewal applicant had “subleased for a cash consideration in excess of rental paid to the state.” Hawks v. Creswell, 60 Wyo. 1, 144 P.2d 129, 1943 Wyo. LEXIS 1 (Wyo. 1943).

Affirmance by court required. —

Where board, in exercising its discretionary power, leased state lands to qualified corporation holding expired lease and neither exercised its discretion illegally nor gravely abused it, and no fraud is proved, board action must be affirmed. Banzhaf v. Swan Co., 60 Wyo. 201, 148 P.2d 225, 1944 Wyo. LEXIS 8 (Wyo. 1944).

Board did not abuse its discretion in approving lease of state land to old lessee in preference to three other applicants where testimony showed that land had been classified as grazing land; that it was for the good of the state that it remain so; that the old lessee had complied with all provisions of the old lease and that he had actual use for the land. Hoy v. Frederick, 70 Wyo. 496, 252 P.2d 112, 1953 Wyo. LEXIS 29 (Wyo. 1953).

The board did not grossly or at all abuse its discretion and there was no “illegal exercise” of board's discretion in approving lease of land to old lessees for $320 annual rent though rival applicant offered $3,500 for lease of land for grazing purposes, where the evidence showed that old lessees had increased the value of the land from $2.00 an acre to $70.00 an acre and security of old lessee's ranch was dependent on lease of state land. Stauffer v. Johnson, 71 Wyo. 386, 259 P.2d 753, 1953 Wyo. LEXIS 24 (Wyo. 1953).

Evidence sustaining preference. —

Evidence showing that to deprive applicant for renewal of state land leases of land included therein which its owners had held many years would depreciate remaining property and inflict severe hardships sustained finding warranting lease to him in preference to others. Hawks v. Creswell, 60 Wyo. 1, 144 P.2d 129, 1943 Wyo. LEXIS 1 (Wyo. 1943).

Where evidence shows board was not misled by any statements of applicants to whom lease of state lands was awarded, board did not abuse its discretion in so awarding lease. Brown v. Wintermute, 59 Wyo. 254, 139 P.2d 435, 1943 Wyo. LEXIS 13 (Wyo. 1943).

Lump sum rental. —

Where lump sum rental was received for deeded and leased lands, conclusion of board and district court that there had been no violation of terms of expiring leases will be respected. Hawks v. Creswell, 60 Wyo. 1, 144 P.2d 129, 1943 Wyo. LEXIS 1 (Wyo. 1943).

Although appellant had standing to challenge the constitutionality of the preferential right-to-renew statute, Wyo. Stat. Ann. § 36-5-105 , governing the preferential leasing of school lands, appellant failed to prove that the statute violated any constitutional or fiduciary restraints on the State's management of the school lands. Riedel v. Anderson, 2003 WY 70, 70 P.3d 223, 2003 Wyo. LEXIS 88 (Wyo. 2003).

Applied in

Reese v. Bruegger Ranches, Inc., 463 P.2d 23, 1969 Wyo. LEXIS 172 (Wyo. 1969).

Quoted in

L.L. Sheep Co. v. Potter, 67 Wyo. 348, 224 P.2d 496, 1950 Wyo. LEXIS 17 (1950).

Cited in

Rayburne v. Queen, 78 Wyo. 359, 326 P.2d 1108, 1958 Wyo. LEXIS 20 (1958); Curtis v. Center Realty Co., 502 P.2d 365, 1972 Wyo. LEXIS 281 (Wyo. 1972); Riedel v. Anderson, 972 P.2d 586, 1999 Wyo. LEXIS 13 (Wyo. 1999).

Law reviews. —

For article,“Scope of Review of Decision of an Administrative Agency in Wyoming,” see 9 Wyo. L.J. 65 (1954).

For comment, “Wyoming's Last Great Range War: The Modern Debate Over the State's Public School Lands,” see XXXIV Land & Water L. Rev. 75 (1999).

Library References. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-106. Richard Bridge historical park.

The state board of land commissioners is hereby authorized and empowered, if after investigation and study the board deems it to the best interest of the state of Wyoming, to enter into a lease agreement with the town of Evansville, Wyoming, for a portion of the land belonging to the state of Wyoming lying south of the centerline of the North Platte River in section 36, township 34 north, range 79 west of the sixth principal meridian, Natrona county, Wyoming. The lease authorized herein shall contain a clause restricting the use of the leased property to historical landmark, park, recreation, museum and municipal purposes. The land leased shall be known as Richard Bridge historical park.

History. Laws 1967, ch. 223, § 2; W.S. 1957, § 36-66.1.

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-107. Preference in granting leases on exchanged lands.

The holder of a lease of any school, state or institutional land that is offered for exchange under section 8, of the Taylor Grazing Act [repealed], shall have preference to lease the land received in such exchange.

History. Laws 1945, ch. 34, § 2; C.S. 1945, § 24-114; W.S. 1957, § 36-67.

Cross references. —

As to Taylor Grazing Act funds, see § 9-4-401 et seq.

Editor's notes. —

Section 8 of the federal Taylor Grazing Act, referred to in this section, was codified as 43 U.S.C. § 315g, before being repealed by Pub. L. No. 94-579, § 705(a). Section 701 of Pub. L. No. 94-579 provides: “Nothing in this act, or in any amendment made by this act, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on the date of approval of this act.”

Law reviews. —

For article, “The Rise and Fall of Grazing Reform,” see XXXII Land & Water L. Rev. 413 (1997).

Library References. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-108. Even rental offers.

If two (2) or more qualified applicants shall offer the same annual rental for the same lands, and such offers are the highest offers received and are equal to or above the minimum rental fixed by the board, and no preference exists in the old lessee, or if such old lessee does not exercise such preference, the director shall grant the lease to the applicant holding title to lands nearest to the lands applied for. When a preference exists in the old lessee under the provisions of this act, he shall be given fifteen (15) days notice by registered mail, and if he fails or refuses to file his acceptance together with the balance of the rental due for the first year, within the time specified, the lease shall be awarded automatically to the applicant offering to pay the highest annual rental, or in the event of even offers, shall be disposed of as hereinbefore provided.

History. Laws 1929, ch. 108, § 14; R.S. 1931, § 91-114; C.S. 1945, § 24-115; W.S. 1957, § 36-68; 1997, ch. 200, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in the second sentence, see § 36-1-101(a)(viii).

Constitutionality. —

Giving preference to old lessee in applications for leases of school land is not unconstitutional as giving an absolute right of renewal. Mercer v. Thorley, 48 Wyo. 141, 43 P.2d 692, 1935 Wyo. LEXIS 26 (Wyo. 1935).

Legislative intent. —

Laws 1929, ch. 108, the source of this section, contained a section immediately preceding it (now § 36-5-105 ) which gave preference to persons holding title to lands “in the vicinity of the land applied for,” which provision was deleted from that section by a subsequent amendment and does not now appear in the statutes. However, it must be considered as having a bearing upon this section. Accordingly, it would seem that the legislature contemplated: (1) preference being given to an applicant whose land was in the vicinity; and (2) where two or more applicants had land in the vicinity, preference being given to the applicant holding title to lands nearest. Mahoney v. L. L. Sheep Co., 79 Wyo. 293, 333 P.2d 712, 1958 Wyo. LEXIS 46 (Wyo. 1958).

Unnecessary for applicant to have land adjoining. —

Board acted under misapprehension of law in rejecting applications for grazing leases on ground that applicants had no land adjoining that applied for. Sullivan Co. v. Meer, 58 Wyo. 90, 125 P.2d 168, 1942 Wyo. LEXIS 16 (Wyo. 1942).

Only lands in vicinity required. —

To obtain preferential rights applicant for lease need not own adjoining lands; all that is required is that he has lands in vicinity of that applied for. Sullivan Co. v. Meer, 58 Wyo. 90, 125 P.2d 168, 1942 Wyo. LEXIS 16 (Wyo. 1942).

Section has been superseded, if not repealed, by § 36-5-105 , to such an extent as it might be construed as giving preference to one “holding title” to the nearest land over and above “lawful occupants” of adjoining land. Risha v. Willadsen, 397 P.2d 803, 1964 Wyo. LEXIS 137 (Wyo. 1964).

“Title,” as used in this section, includes not necessarily a fee interest, but covers, in meaning, all the lesser estates in land. Brown v. Wintermute, 59 Wyo. 254, 139 P.2d 435, 1943 Wyo. LEXIS 13 (Wyo. 1943).

“Title” does not mean “fee title,” but it may mean all the lesser estates in land. Risha v. Willadsen, 397 P.2d 803, 1964 Wyo. LEXIS 137 (Wyo. 1964).

No vested right to renewal. —

Statute entitling lessee of state lands to renewal of lease for five-year periods, aggregating 20 years, did not give lessee of school lands granted to state by Act of Admission vested right to renewal, since that would violate condition on which school lands were granted to state. State ex rel. Huckfeldt v. State Bd. of Sch. Land Comm'rs, 20 Wyo. 162, 122 P. 94, 1912 Wyo. LEXIS 28 (Wyo. 1912).

Where evidence shows board was not misled by any statements of applicants to whom lease of state lands was awarded, board did not abuse its discretion in so awarding lease. Brown v. Wintermute, 59 Wyo. 254, 139 P.2d 435, 1943 Wyo. LEXIS 13 (Wyo. 1943).

Division of land in complete parity not required. —

The board, in applying a statutory provision as unspecific as this section, is not required to divide the available state land in complete parity between adjoining owners. Mahoney v. L. L. Sheep Co., 79 Wyo. 293, 333 P.2d 712, 1958 Wyo. LEXIS 46 (Wyo. 1958).

Preference of old lessee. —

An old lessee with a preference right will, in all cases, be given notice with an opportunity to file an acceptance and pay whatever balance of rental is due for the first year. Thompson v. Conwell, 363 P.2d 927, 1961 Wyo. LEXIS 110 (Wyo. 1961).

Notice to old lessee. —

This section must be read in pari materia with art. 18, § 3, Wyo. Const., and with §§ 36-2-101 and 36-3-102 . When so read, it becomes clear that this section requires 15 days' notice to be given to the old lessee after the rental has been finally fixed — either by the board approving the recommendation of the commissioner of public lands (now director of state land and farm loan office) or by taking some other action. There can be no doubt that the board is free to follow or to modify or to disregard what the commissioner (now director) has recommended. Reese v. Bruegger Ranches, 463 P.2d 23, 1969 Wyo. LEXIS 172 (Wyo. 1969).

When not properly given. —

The notice by registered mail which requires the old lessee to file its acceptance and pay the balance of the rental due for the first year would not be properly given while an appeal is pending or until the award to the old lessee has become final. Curtis v. Center Realty Co., 502 P.2d 365, 1972 Wyo. LEXIS 281 (Wyo. 1972).

Appeal by old lessee of school land, taken within 30 days after commissioners affirmed prior order granting another's application for lease, was timely where prior order had been made without notice to old lessee. Mercer v. Thorley, 48 Wyo. 141, 43 P.2d 692, 1935 Wyo. LEXIS 26 (Wyo. 1935).

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-109. When rental due; procedure upon failure to pay.

Upon notice provided not less than thirty (30) days prior to the anniversary date of a lease, all rentals accruing to the state by virtue of this act, except those for the first year, shall become due and payable at the office of the director on the anniversary date of the lease. If the rent is not paid on the anniversary date, the director shall notify the lessee or his authorized agent by certified mail that the lease will be cancelled if the rent and a late fee equal to ten percent (10%) of the annual rental is not received within thirty (30) days following the date of the notice. If the lease is cancelled, the director shall as soon as possible thereafter, advertise the lands in the county where located, as vacant and subject to lease.

History. Laws 1929, ch. 108, § 15; R.S. 1931, § 91-115; C.S. 1945, § 24-116; W.S. 1957, § 36-69; Laws 1992, ch. 55, § 3; 1997, ch. 200, § 1.

Meaning of “this act.” —

For the definition of “this act,” referred to in this section, see § 36-1-101(a)(viii).

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-110. Right to make and remove improvements.

1. A lessee of state lands shall have the right to construct or make improvements upon state lands in an amount not to exceed two thousand dollars ($2,000.00) per section for each separate improvement, without first obtaining permission. If the lessee or any other person desires to construct or make improvements upon state lands in excess of the value of two thousand dollars ($2,000.00) per section for each separate improvement, he shall file an application for permission to construct or make the improvements with the director, which shall be subject to allowance or rejection as the best interests of the state require. The director shall have authority to grant permission to construct improvements in excess of two thousand dollars ($2,000.00) per section for each separate improvement for fencing, water development, livestock handling facilities and range enhancements. Any other improvement in excess of two thousand dollars ($2,000.00) per section for each separate improvement shall be applied for under a special use permit. Unless permission has been obtained in the manner provided by this section or the improvement has been registered as provided in subsection (b) of this section, the owner of any improvement in excess of the value of two thousand dollars ($2,000.00) per section at the time of construction of the improvement shall not be entitled to compensation therefor as provided by W.S. 36-5-111 and 36-9-105 , and upon the expiration of the lease the improvements shall forfeit to and become the property of the state; except, that within one hundred twenty (120) days from the date of the expiration of the lease, the owner may remove such improvements in a manner which minimizes injury to the land.
2. Notwithstanding subsection (a) of this section, a lessee of state lands may register all improvements made upon state lands which were made prior to June 30, 2010, with or without prior approval by the director. Improvements registered under this subsection may include improvements for which approval was not applied for pursuant to subsection (a) of this section. Improvements for which permission was denied under subsection (a) of this section shall not be eligible for registration under this subsection. Registrations under the provisions of this subsection shall be made not later than June 30, 2014. Improvements registered under this subsection shall be entitled to compensation therefor as provided by W.S. 36-5-111 and 36-9-105 .

History. Laws 1929, ch. 108, § 16; R.S. 1931, § 91-116; C.S. 1945, § 24-117; W.S. 1957, § 36-70; Laws 1992, ch. 55, § 3; 1997, ch. 200, § 1; 2011, ch. 18, § 1; ch. 118, § 1.

Cross references. —

As to sale of land on which lessee constructed improvements, see § 36-9-105 .

The 2011 amendments. —

The first amendment, by Laws 2011, ch. 18, § 1, substituted “an amount not to exceed” for “the amount of,” inserted “for each separate improvement” in the first and second sentences, inserted “per section for each separate improvement” in the third and fourth sentences, and in the last sentence, substituted “any improvement” for “the improvements,” and inserted “at the time of construction of the improvement.”

Laws 2011, ch. 18 § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 17, 2011.

The second amendment, by Laws 2011, ch. 118, § 1, effective July 1, 2011, in (a), inserted “or the improvement has been registered as provided in subsection (b) of this section”; and added (b).

This section is set out as reconciled by the Wyoming legislative service office.

This section cannot be given retroactive application to facts which occurred prior to its enactment. White v. Board of Land Comm'rs, 595 P.2d 76, 1979 Wyo. LEXIS 415 (Wyo. 1979).

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-111. Payment for or removal of existing improvements.

Any applicant applying to lease state lands upon which there are fences, buildings, reservoirs, ditches, dams, wells, or other improvements of any kind, belonging to or made by another, or for which water rights or proportionate interests in irrigation reservoirs, canals, or systems, have been acquired, shall before receiving the lease, pay to the director for the use and benefit of the owner or maker of any improvements at the time of the execution of the lease, the contributory value thereof as finally determined by the board in accordance with its rules and regulations; or the owner of the improvements shall, upon giving notice to the director in writing within the time fixed by board rule and regulation, have the right to remove those improvements in a manner which minimizes injury to the land; provided, that the improvements be removed within a period of one hundred twenty (120) days from the date of the expiration of the lease. For purposes of this section, “contributory value” means the increased value of the property after the lessee’s improvements are considered.

History. Laws 1929, ch. 108, § 17; R.S. 1931, § 91-117; C.S. 1945, § 24-118; W.S. 1957, § 36-71; Laws 1992, ch. 55, § 3; 1997, ch. 200, § 1.

Cited in

White v. Board of Land Comm'rs, 595 P.2d 76, 1979 Wyo. LEXIS 415 (Wyo. 1979).

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-112. Form and execution of lease; bond.

The general form of grazing and agricultural lease upon state lands shall be prescribed by the board and shall be signed by the director on behalf of the state. Except in cases where the board deems necessary, leases shall be issued without bond.

History. Laws 1929, ch. 108, § 18; R.S. 1931, § 91-118; C.S. 1945, § 24-119; W.S. 1957, § 36-72; Laws 1992, ch. 55, § 3.

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-113. Cancellation of leases.

The board shall have the power and authority to cancel leases procured by fraud, deceit or misrepresentation, or for use of the lands for unlawful or illegal purposes, or for the violation of the covenants of the lease, upon proper proof thereof.

History. Laws 1929, ch. 108, § 21; R.S. 1931, § 91-121; C.S. 1945, § 24-122; W.S. 1957, § 36-73.

Court without jurisdiction to order cancellation. —

Where board had executed lease for state lands to a person and relator contended that lands were wrongfully leased, lessee not being party to proceeding, court was without jurisdiction to order cancellation of lease, and board should not be required to execute another lease for same land. State ex rel. Marsh v. State Land Comm'rs, 7 Wyo. 478, 53 P. 292, 1898 Wyo. LEXIS 15 (Wyo. 1898).

Board not required to cancel. —

Although information furnished board in application for lease by other parties within one mile of tract applied for was untrue, board was not required to cancel lease in contest proceeding, in absence of showing state had been damaged thereby or that contestant's interest had been injuriously affected. Bucknum v. Johnson, 21 Wyo. 26, 127 P. 904, 1912 Wyo. LEXIS 11 (Wyo. 1912).

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-114. Leasing for industrial, commercial and recreational purposes; authority; rental fees; rules and regulations.

1. The board of land commissioners may lease for a term of not more than seventy-five (75) years state lands for industrial, commercial and recreational purposes.
2. The board may lease state lands for purposes which shall bring about the compatible use of the surface area and shall inure to the greatest long term benefit of the state land trust. Provided, however, that nothing herein contained shall result in the substantive impairment of existing leases or the preferential right to the renewal thereof.
3. The board shall fix a rental value based upon not less than the fair market value of each use of the land. If the land to be leased under this subsection was originally acquired by the state for the benefit of the common school permanent land fund, and is to be used by a Wyoming school district for the construction and maintenance of school buildings and facilities, the board may assess an annual rental fee of one hundred dollars ($100.00) per acre or not less than fair market value, whichever is less.
4. The board shall promulgate rules and regulations implementing policies, procedures and standards for the long-term leasing of state lands for industrial, commercial and recreational purposes under the provisions of W.S. 36-5-114 through 36-5-117 , including provisions requiring compliance with all applicable land use planning and zoning laws and permitting the board to terminate a lease for good cause shown.

History. Laws 1963, ch. 187, § 1; W.S. 1957, § 36-73.1; Laws 1971, ch. 179, § 1; 1979, ch. 60, § 1; 1985, ch. 118, § 1; 1996, ch. 39, § 1; 1997, ch. 145, § 1; ch. 200, § 1; 2004, ch. 56, § 1.

The 2004 amendment, effective July 1, 2004, in (a), substituted “seventy-five (75) years” for “twenty-five (25) years,” and deleted “with a preferential right to renew for successive like periods” following “years”; in (b), substituted “compatible use” for “multiple use”; in (c), deleted “on the basis of a definite amount per acre” following “shall fix a rental value”; added (d); and made a stylistic change.

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-115. Leasing for industrial, commercial and recreational purposes; “recreational purposes” defined.

As used in W.S. 36-5-114 through 36-5-117 the term “recreational purposes” means land used for cabin sites, public camp sites, public parks and recreation areas, golf courses and any associated residential development, youth groups and ski or winter sports areas.

History. Laws 1963, ch. 187, § 2; W.S. 1957, § 36-73.2; Laws 1971, ch. 179, § 2; 2004, ch. 56, § 1.

The 2004 amendment, effective July 1, 2004, substituted “W.S. 36-5-114 through 36-5-117 ” for “this act,” and inserted “and any associated residential development.”

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-116. Leasing for industrial, commercial and recreational purposes; assignment or transfer.

Leases issued under the provisions of W.S. 36-5-114 through 36-5-117 shall not be assignable or transferable except with written consent of the board of land commissioners.

History. Laws 1963, ch. 187, § 3; W.S. 1957, § 36-73.3; Laws 2004, ch. 56, § 1.

The 2004 amendment, effective July 1, 2004, substituted “W.S. 36-5-114 through 36-5-117 ” for “this act.”

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-5-117. Lessee’s liability.

1. A state lands lessee’s liability to users of those lands is limited as specified in W.S. 34-19-101 through 34-19-107 . A state lands lessee’s liability to users of improvements upon those lands is limited to the same extent, provided that:
   1. The improvement is properly authorized under W.S. 36-5-110 or has otherwise been authorized by the board of land commissioners; and
   2. The lessee did not charge the user to use the improvement.

History. Laws 1989, ch. 27, § 1; 2019, ch. 69, § 1.

The 2019 amendment, effective July 1, 2019, designated the existing paragraph as (a), substituted “W.S. 34-19-101 through 34-19-107 ” for “W.S. 34-19-101 through 34-19-106 ,” and added the second sentence, (a)(i) and (a)(ii).

Library references. —

American Law of Mining, 2nd Edition § 63.01 (Matthew Bender).

§ 36-6-101. Terms of leases; extensions; rules and regulations; rent and royalties; assignment of leases; grazing and agricultural leases; cooperation with United States or its lessees, in cooperative or unit plans.

1. The board of land commissioners may lease any state or state school lands for oil and gas for a primary term up to ten (10) years and as long thereafter as oil or gas may be produced in paying quantities, and may extend the term of existing oil and gas leases in good standing for as long as oil or gas may be produced in paying quantities.
2. The board is further authorized to make and establish rules and regulations governing the issuance of oil and gas, coal and other mineral leases and covering the conduct of development and mining operations.
3. Mineral leases may be issued upon such monthly or annual minimum rental payment basis as shall be fixed by the board, which payment shall be annually applied against such royalty as shall accrue for the same lease year by the terms of such lease, which royalty, as to lands leased for oil or gas shall not be less than five percent (5%) of all oil and gas produced and saved from and not used in operations on the lands under the lease, and royalty of not less than five cents ($.05) per ton on coal produced from the lands under any such lease for coal purposes, such royalty to be paid on mine run of coal. No mineral lease issued under the provisions of this section shall be assignable or transferable except with written consent of the director, subject to criteria established by the board, and he shall require the lessee’s full compliance with and observance of all rules and regulations adopted by the board and for the lessee’s compliance with all other terms of the lease. All mineral leases issued pursuant to this section shall be separate and distinct from each lease of the same land for grazing or agricultural purposes, issued by the board, and rules and regulations adopted by the board as herein authorized, shall provide for joint use of such lands for grazing and agricultural or mineral purposes without undue interference by the lessees under any such class of leases with lessees under any other such class.
4. The director, subject to criteria established by the board, on behalf of the state, and its lessee or lessees in any such mineral lease are hereby further authorized to join, in the interest of conservation and greater ultimate recovery of oil and gas, in fair and equitable cooperative or unit plans of development or operation of oil and gas pools, with the United States government and its lessees, or permittees, or others, or any of them, and the director, subject to criteria established by the board, is hereby authorized to modify and change any and all terms and conditions of any such oil and gas lease or leases, heretofore or hereafter issued, as mutually agreed by the lessor and lessee in any such lease, as required to conform to the terms of any such lease to such cooperative or unit plan and as required to effectuate proper operations thereunder, which changes may include extension of the term of years otherwise applicable to any such lease, for the full period of time during which such cooperative or unit plan may remain in effect.
5. When a cooperative or unit agreement is terminated or ceases to be effective as to lands upon which there is no production of oil or gas, the lease covering such lands shall remain in effect for a period of two (2) years from the date such lands ceased to be subject to said agreement, or for the remaining length of the term of the original lease, whichever shall be the greater, and so long thereafter as oil or gas is produced from said lands in accordance with the requirements of the original lease.
6. The terms of any lease issued under this section for land on which actual drilling operations were commenced prior to the end of its primary term and are being diligently prosecuted at that time shall be extended for one (1) year and so long thereafter as oil or gas is produced in paying quantities.
7. All natural gas leases executed hereunder shall provide that the state of Wyoming may require the lessee to dedicate all the natural gas produced on lands owned by the state for the use or benefit of the people of the state of Wyoming.
8. If the state board of land commissioners determines it would benefit the people of the state to have the natural gas dedicated, the board may arrange for the sale of the natural gas for the use of the people of the state or arrange for the exchange of the natural gas produced with producers of natural gas produced from lands not owned by the state if the exchange will benefit the people of the state. If the board determines the dedication would not be in the public interest; or would cause waste as defined by W.S. 30-5-101 ; or would unreasonably deny the lessee the opportunity to economically market the natural gas, it may waive dedication.
9. The board shall adopt and promulgate necessary rules and regulations to carry out the provisions of subsections (g), (h) and (j) of this section.
10. The board, on behalf of the state, and its lessee or lessees in coal and other mineral leases, may approve cooperative mining development plans established for the purpose of development of the mineral resources in an efficient and economical manner and in accordance with sound engineering practice. The board may also modify and change any and all terms and conditions of any coal and other mineral lease or leases, heretofore or hereafter issued, as mutually agreed by the lessor and lessee in the lease. The director, subject to criteria established by the board, may conform the terms of the lease to a cooperative mining development plan required to effectuate proper operations, with changes that may include extension of the term of years otherwise applicable to the lease, for the full period of time during which the cooperative mining development plan may remain in effect. A cooperative development plan may consist of one (1) or more private, state or federal leaseholds or mineral interests. All lands in a cooperative mining development plan shall be under the effective control of a single operator, capable of being developed and operated as a single operation.
11. The director, subject to criteria established by the board, may lease any state or state school lands for coal and other mineral purposes for a primary term of not exceeding ten (10) years. Lessee shall have the exclusive right to renew the lease for successive terms of ten (10) years each, if at the time application for renewal is filed:
    1. Coal or other minerals covered by the lease are actually being produced from the leased lands and the lessee is complying with all lease terms; or
    2. The leased lands are committed to a cooperative mining development plan approved by the board and coal or other minerals are actually being produced from the cooperative mining development plan and the lessee is complying with the plan and all lease terms; or
    3. The lessee is proceeding in good faith to develop the leased lands; or
    4. If the lessee shows to the satisfaction of the director or the board that production of coal or other minerals has been delayed by the necessity of obtaining licenses, permits, or other approvals from governmental authorities and that the lessee has used reasonable diligence in an effort to obtain the licenses, permits or other required authorizations.
12. As used in subsection (m) of this section, good faith development means the substantial expenditures or firm commitments for exploration, engineering, environmental studies, hydrological studies or research and development which is required for development of the lease. To assist the lessee in planning for the orderly development of the lease or leases, the lessee may submit to the board at any time during the term of the lease or leases a schedule and discussion of proposed expenditures or commitments for the development of the lease or leases. After reviewing the schedule and discussion, the board shall issue a ruling in writing within ninety (90) days binding upon the state and the lessee, determining whether or not the proposed expenditures or commitments, when and if actually made by lessee, shall qualify as “substantial expenditures or commitments” so as to constitute “good faith development” within the meaning of subsection (m) of this section.
13. Any mineral lessee or producer shall report all production including total volume, value and disposition of the mineral production under any lease, unit or communitization agreement in a timely manner and in such form as determined by the board. Any person failing to comply with this subsection shall be subject to penalties enacted by the board or the cancellation of the lease or agreement under which they are operating.

History. Laws 1907, ch. 81, § 2; C.S. 1910, § 619; C.S. 1920, § 716; Laws 1931, ch. 95, § 1; R.S. 1931, § 91-801; C.S. 1945, § 24-701; Laws 1951, ch. 157, § 1; 1955, ch. 84, § 1; W.S. 1957, § 36-74; Laws 1963, ch. 98, § 1; 1965, ch. 150, § 1; 1978, ch. 24, § 1; 1981, ch. 55, § 1; 1997, ch. 200, § 1.

Editor's notes. —

There is no subsection (i) or (l) in this section as it appears in the printed acts.

Board may sell surface rights first, reserving minerals by requirement that purchaser convey mineral rights to state. State ex rel. Cross v. Board of Land Comm'rs, 50 Wyo. 181, 58 P.2d 423, 1936 Wyo. LEXIS 7 (Wyo. 1936).

Act of 1945 did not authorize preferential right for oil and gas leases. In re Hagood, 356 P.2d 135, 1960 Wyo. LEXIS 87 (Wyo. 1960).

Failing to mention preference right in 1951 amendment did not abolish right but did remove any authority therefor previously extended, and the board may not now, by the pronouncement of a policy, grant preferences for which there is no constitutional or statutory authority. In re Hagood, 356 P.2d 135, 1960 Wyo. LEXIS 87 (Wyo. 1960).

Preference right to first applicant. —

No preference right to the first applicant can be found in either Wyoming constitution or this section. Henderson v. Midwest Refining Co., 43 F.2d 23, 1930 U.S. App. LEXIS 3830 (10th Cir. Wyo. 1930).

Rule of board that first application for mineral lease accompanied by fees and rental will be granted is reasonable. Walls v. Evans, 38 Wyo. 103, 265 P. 29, 1928 Wyo. LEXIS 34 (Wyo. 1928).

“Renewal” should not be narrowly construed, and old lessee must meet all reasonable terms and conditions which may be laid down from time to time by board, and which others are willing to meet, thus making the lease not a continuing one in violation of the Enabling Act and constitution, but in fact a new one. Wyodak Chem. Co. v. Board of Land Comm'rs, 51 Wyo. 265, 65 P.2d 1103, 1937 Wyo. LEXIS 18 (Wyo. 1937).

“Renewal,” as used in this section giving original lessee preferential right to renew, does not mean renewal under identical terms and conditions, but old lessee must meet all reasonable terms and conditions promulgated by commissioners which others are willing to meet. Wyodak Chem. Co. v. Board of Land Comm'rs, 51 Wyo. 265, 65 P.2d 1103, 1937 Wyo. LEXIS 18 (Wyo. 1937).

Mandamus would not lie to compel the issuance of mineral lease, as there was adequate remedy by appeal from board. State ex rel. Walls v. State Bd. of Land Comm'rs, 36 Wyo. 302, 254 P. 491, 1927 Wyo. LEXIS 34 (Wyo. 1927).

Order of board for sale of lease at auction was valid, and notice of appeal did not stay action thereunder. If appeal was successful, all action under the order and sale would be nullified; if not, sale and lease issued pursuant thereto would be valid. Wyodak Chem. Co. v. Board of Land Comm'rs, 51 Wyo. 265, 65 P.2d 1103, 1937 Wyo. LEXIS 18 (Wyo. 1937).

Cash deposit required. —

Old lessee seeking a renewal or new lease on offering to comply with the terms of the highest bidder at the auction sale must accompany his offer with the cash deposit required by the rules of the board; otherwise the offer may be ignored. Wyodak Chem. Co. v. Board of Land Comm'rs, 51 Wyo. 265, 65 P.2d 1103, 1937 Wyo. LEXIS 18 (Wyo. 1937).

Disposition of rents and royalties. —

Under § 36-9-113 , all rents received from lands sold or leased shall be paid by board to state treasurer, and this undoubtedly includes royalties from mineral lands received by it. MacDougall v. Board of Land Comm'rs, 48 Wyo. 493, 49 P.2d 663, 1935 Wyo. LEXIS 47 (Wyo. 1935).

No unitization of royalty interest absent consent. —

An owner who did not consent to unitization of his five-percent overriding royalty interest, either by signing the unitization agreement or by the terms of the original lease, was entitled to a full five-percent share of production from a producing gas well. Moncrief v. Harvey, 816 P.2d 97, 1991 Wyo. LEXIS 118 (Wyo. 1991), reh'g denied, 1991 Wyo. LEXIS 143 (Wyo. Aug. 9, 1991).

Law reviews. —

For an address on drafting conveyances of mineral and royalty interests, see 14 Wyo. L.J. 91 (1960).

For an address on damage claims by surface estate owners against mineral estate owners, see 14 Wyo. L.J. 99 (1960).

For article, “Forfeiture and Termination of Mining Leases,” see I Land & Water L. Rev. 201 (1966).

For article, “Judicial Review of Administrative Decisions Under the Mineral Leasing Act of 1920,” see I Land & Water L. Rev. 423 (1966).

For article, “Fifty Years of Rhetoric on the Range: Reframing the Debate on Public Land Management,” see XXXII Land & Water L. Rev. 339 (1997).

For article, “The Bureau of Land Management: A Half-Century of Challenges and Change,” see XXXII Land & Water L. Rev. 345 (1997).

For article, “The Rise and Fall of Grazing Reform,” see XXXII Land & Water L. Rev. 413 (1997).

Am. Jur. 2d, ALR and C.J.S. references. —

Validity of compulsory pooling or unitization statute or ordinance requiring owners or lessees of oil and gas lands to develop their holdings as a single drilling unit and the like, 37 ALR2d 434.

Duty of oil or gas lessee to restore surface of leased premises, 65 ALR2d 1356.

Meaning of “paying quantities” in oil and gas lease, 43 ALR3d 8.

What constitutes reasonably necessary use of the surface of the leasehold by a mineral owner, lessee or driller under an oil and gas lease or drilling contract, 53 ALR3d 16.

Cancellation, revocation, and automatic termination, under § 31 of Mineral Lands Leasing Act (30 USC § 188), of lease entered into under terms of act, for failure to comply with lease provisions, 62 ALR Fed 871.

Library References. —

American Law of Mining, (2nd Ed.) §§ 62.02, 63.04, 63.05, 63.06, 64.03 (Matthew Bender).

§ 36-6-102. Submission, custody and confidentiality of subsurface log reports.

1. Contingent upon the leasing of any state or state school lands for coal, uranium or other mineral exploration, the board of land commissioners shall require copies of all electrical, gamma-ray neutron, resistivity or other types of subsurface log reports, and all assay reports for any rock cores or cuttings to be submitted to the office of the state geologist within ninety (90) days after completion of drilling and completion of associated reports. Reports submitted to the oil and gas conservation commission are deemed to satisfy the requirements of this subsection.
2. All subsurface log reports and assay reports will be held confidential for a period of three (3) years after initial receipt by the state geologist. Confidentiality may be extended in one (1) year increments upon receipt by the state geologist of a written request by certified mail, return receipt requested, from the person or legal entity requesting that confidentiality be extended. All requests must be received prior to the expiration of the period of confidentiality. All reports filed under this section shall become the property of the state to be retained within the permanent files of the Wyoming geological survey board for the use of the office and public after the period of confidentiality has expired.

History. Laws 1977, ch. 151, § 1; W.S. 1957, § 36-74.1; 2003, ch. 30, § 1.

§ 36-6-103. Existing oil and gas leases ratified.

The issuance of all oil and gas leases upon any state or school lands heretofore issued by the board of land commissioners for primary terms up to ten (10) years and as long thereafter as oil or gas may be produced in paying quantities, and the granting of all extensions heretofore granted by the board of land commissioners of the terms of existing oil and gas leases upon any state or state school lands for as long after the primary term as oil or gas may be produced in paying quantities, are hereby ratified, confirmed, and validated. Each joinder by the board of land commissioners on behalf of the state of Wyoming in any cooperative or unit plan of development or operation of any oil or gas pool, and all modifications and changes in any of the terms or conditions of any oil or gas lease arising from any such joinder, or incident thereto, and all thereof, are hereby ratified, confirmed, and validated.

History. Laws 1955, ch. 84, § 2; W.S. 1957, § 36-75.

§ 36-6-104. Payment for improvements; “improvements” defined.

If mineral lands upon which improvements have been made shall be sold or if such lands shall be leased to other than the owner of the improvements thereon, then such purchaser or such new lessee shall pay to the owner thereof the value of said improvements, at an agreed price with the owner thereof; or if such agreement cannot be reached, then at such price as shall be fixed by appraisement under the authority of the board of land commissioners. The word “improvements” shall be construed to mean surface improvements, machinery and other equipment used and necessary for the operation of the plant on such land, and work performed in the development of the property for operation and mining when such development work is of practical use in future mineral operations on such land. Wells drilled for oil which do not produce oil in commercial quantities, shafts, tunnels or drifts from which coal or other minerals have been practically exhausted, shall not be considered as improvements.

History. Laws 1907, ch. 81, § 5; C.S. 1910, § 622; Laws 1915, ch. 80, § 2; C.S. 1920, § 718; R.S. 1931, § 91-804; C.S. 1945, § 24-704; W.S. 1957, § 36-76.

Library references. —

American Law of Mining, (2nd Ed.) § 63.05 (Matthew Bender).

§ 36-6-105. Inspection reports.

The state geologist or any state coal mine inspector shall, when requested by the board of land commissioners, visit and make a report upon any lands held under coal and mineral leases. Such report shall be made without any fee to the officer making same.

History. Laws 1907, ch. 81, § 9; C.S. 1910, § 626; C.S. 1920, § 721; R.S. 1931, § 91-807; C.S. 1945, § 24-707; W.S. 1957, § 36-77.

Cross references. —

As to state geologist, see § 9-2-803 .

As to inspector of mines, see § 30-2-201 et seq.

Repealing clauses. —

Laws 1907, ch. 81, § 10, repealed all laws and parts of laws in conflict therewith.

§ 36-6-201. Authority to lease or otherwise contract.

The governing body of any county, city, town or school district authorized to acquire and hold real property, may, upon determining that such action will be in the best interests of such county, city, town or school district, lease any lands owned in fee by such county, city, town or school district, for the exploration for and development and production of oil, gas or other hydrocarbons, and otherwise contract for such exploration, development and production, upon such terms as such governing body may determine and as are not inconsistent with the provisions of this act [§§ 36-6-201 through 36-6-204 ]; providing the exploration for, development and production of oil, gas or other hydrocarbons shall in no way interfere with the public use of said lands or the purpose for which said lands were acquired.

History. Laws 1949, ch. 86, § 1; C.S. 1945, § 24-901; W.S. 1957, § 36-79.

§ 36-6-202. Power to modify or change leases or contracts.

Any such governing body may, by such lease or contract or by other agreement, include, or provide for the inclusion of, the lands of such county, city, town or school district, or any part or portion of such lands, with other lands in any plan or agreement for cooperative or unit development or operation for oil, gas or other hydrocarbons, and modify and change any and all terms of any lease or contract heretofore entered into or hereafter entered into under the provisions of this act [§§ 36-6-201 through 36-6-204 ], including the extension of the term of any such lease or contract for the full period of time such cooperative or unit plan or agreement may remain in effect, as required to conform the terms of any such lease or contract to such cooperative or unit plan or agreement.

History. Laws 1949, ch. 86, § 2; C.S. 1945, § 24-902; W.S. 1957, § 36-80.

§ 36-6-203. Rules and regulations; requisites of leases or contracts.

1. Any such governing body may, in its discretion, make and establish such rules and regulations governing the issuance of such leases and contracts as are not inconsistent with the provisions of this act [§§ 36-6-201 through 36-6-204 ]. Any such lease or contract:
   1. Shall be entered into pursuant to resolution duly adopted by the governing body;
   2. May cover parcels of land of such size and shape as the governing body may determine;
   3. May be for a term not exceeding ten (10) years and as long thereafter as oil, gas or other hydrocarbons shall be, or can be, produced in commercial quantities from the lands included in such lease, except as such term may be extended pursuant to the provisions of W.S. 36-6-202 ; and
   4. Shall reserve to the governing body a royalty of not less than one-eighth of all oil, gas or other hydrocarbons produced from said lands.

History. Laws 1949, ch. 86, § 3; C.S. 1945, § 24-903; W.S. 1957, § 36-81.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 36-6-204. Existing leases, contracts and agreements validated.

Nothing in this act [§§ 36-6-201 through 36-6-204 ] contained shall operate or be construed as in anywise limiting or affecting the power or authority of the governing body of any county, city, town, or school district, to have entered into any lease or contract for the exploration for the development and production of oil, gas or other hydrocarbons, or any agreement for cooperative or unit development or operation for oil, gas or other hydrocarbons, entered into by such governing body prior to the passage of this act, and all such leases, contracts and agreements previously entered into in substantial compliance with the above provision are hereby validated and confirmed.

History. Laws 1949, ch. 86, § 4; C.S. 1945, § 24-904; W.S. 1957, § 36-82.

Editor's notes. —

Laws 1949, ch. 86, § 5, makes the act effective from and after passage. Approved February 24, 1949.

§ 36-6-301. Definitions.

1. As used in this article:
   1. “Associated natural resource” means any substance, element or compound, either gaseous, liquid or solid, associated with the production, refining or processing of oil or gas. The term includes, but is not limited to, propane, butanes, ethane, methane, carbon dioxide, sulphur, helium, nitrogen and natural gas liquids;
   2. “Natural gas” means hydrocarbons or nonhydrocarbons which at atmospheric conditions of temperature and pressure are in a gaseous phase;
   3. “Oil” means crude petroleum and other hydrocarbons regardless of gravity which are produced at the wellhead in liquid form, and the liquid hydrocarbons known as distillate or condensate recovered or extracted from gas, other than gas produced in association with oil and commonly known as casinghead gas;
   4. “Processing plant” means a plant to remove liquefiable hydrocarbons from a gas stream or to separate natural gas into physically or chemically distinct marketable associated natural resources;
   5. “Return on investment” means a percentage rate applied over a period of years to the equity investment for construction of transportation facilities or processing plants for oil, natural gas or associated natural resources. This percentage rate represents the rate a lessee or successor in interest supposedly could have received from investment of equity in some other commercial or financial undertaking. “Return on investment” also means a percentage of earnings or profitability ratio which a lessee, producer or successor in interest anticipates or desires to receive on the equity investment in transportation facilities or processing plant;
   6. “Transportation facilities” means those facilities constructed for moving any oil, natural gas or associated natural resource from the place of production to the closest point of sale or to a processing plant.

History. Laws 1988, ch. 94, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Royalties due to state on tax reimbursements. —

Under a “federal floor” provision in state natural gas leases, under which the state was entitled to receive the same royalty revenues that the federal government received from its leases in the same field, if other gas producers in the same field remitted royalties to the federal government and calculated on the basis of the Natural Gas Policy Act, 15 USCS § 3301 et seq., ceiling price plus tax reimbursements, state lease gas producers were required to calculate their state royalty payments on the same basis. Cities Serv. Oil & Gas Corp. v. State, 838 P.2d 146, 1992 Wyo. LEXIS 115 (Wyo. 1992).

The state was entitled to receive royalties on tax reimbursements for ad valorem, severance and conservation taxes under an “amount realized” provision set forth in natural gas leases entered into with a private corporation. Tax reimbursements were part of the “amount” that the corporation “realized” from the sale of the natural gas and the state's royalty was properly calculated under the basis of inclusion of the tax reimbursement amount in addition to the price received for the gas sold. Cities Serv. Oil & Gas Corp. v. State, 838 P.2d 146, 1992 Wyo. LEXIS 115 (Wyo. 1992).

§ 36-6-302. “Return on investment” deduction not allowed for calculation of royalty.

1. For state lease royalty and overriding royalty, other than royalty owing to the United States of America, calculations for oil, natural gas and associated natural resources, neither lessee nor any successor in interest will be allowed any deduction for any “return on investment cost.”
2. This article applies to all state leases of oil, natural gas or associated natural resources.

History. Laws 1988, ch. 94, § 1.

§ 36-7-101. Acceptance of federal grants.

The state of Wyoming hereby accepts the conditions of § 4 of an act of congress entitled “An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30th, 1895, and for other purposes”; approved August 18th, A.D. 1894 [43 U.S.C. § 641], together with all the grants of land to the state under the provisions of the aforesaid act, and conditions of Section 1 of an act of congress entitled, “An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30th, 1897, and for other purposes”; approved June 11th, 1896 [43 U.S.C. § 642], and the conditions of an act of congress entitled, “An act making appropriations for sundry civil expenses of the government for the fiscal year ending June 30th, 1909, and for other purposes”; approved May 27th, 1908 [43 U.S.C. § 645], providing for the granting of an additional million (1,000,000) acres of land to the state of Wyoming to be reclaimed as provided in the acts above mentioned, and all acts of congress and parts of acts of congress now or hereafter enacted by congress for the reclamation of desert lands within the state of Wyoming, together with all the grants of land to the state of Wyoming, and any and all interests therein, with all rights and privileges thereunder, under the provisions of the aforesaid acts or parts of acts.

History. Laws 1895, ch. 38, § 1; R.S. 1899, § 934; Laws 1909, ch. 160, § 1; C.S. 1910, § 661; C.S. 1920, § 769; R.S. 1931, § 91-701; C.S. 1945, § 24-401; W.S. 1957, § 36-83.

Cross references. —

As to acceptance of lands from United States, and as to sale of such lands, see art. 18, § 1, Wyo. Const.

Federal acts. —

The 1894, 1897 and 1909 federal acts referred to in this section appear as 43 U.S.C. § 641, 43 U.S.C. § 642 and 43 U.S.C. § 645, respectively.

Applied in

Walliker v. Escott, 608 P.2d 1272, 1980 Wyo. LEXIS 250 (Wyo. 1980).

Cited in

Lakeview Canal Co. v. R. Hardesty Mfg. Co., 31 Wyo. 182, 224 P. 853, 1924 Wyo. LEXIS 20 (1924); Bruegman v. Johnson Ranches, Inc., 520 P.2d 489, 1974 Wyo. LEXIS 193 (Wyo. 1974).

§ 36-7-102. Selection, management and disposal of lands.

The selection, management and disposal of said land shall be vested in the state board of land commissioners, as constituted by section 3 of article 18 of the constitution of the state of Wyoming. Said state board of land commissioners shall be hereinafter designated as “the board”.

History. Laws 1895, ch. 38, § 2; R.S. 1899, § 935; C.S. 1910, § 662; C.S. 1920, § 770; R.S. 1931, § 91-702; C.S. 1945, § 24-402; W.S. 1957, § 36-84.

Editor's notes. —

In R.S. 1931, §§ 91-702 and 91-703 (§§ 36-7-102 and 36-7-201 ) were reworded, apparently to comply with the changes made by the amendment to art. 18, § 3, Wyo. Const., by Laws 1921, p. 293, and with the provisions of Laws 1929, ch. 108, §§ 2 and 5, which designated the members of the board of land commissioners, prescribed its powers and provided for the meetings of the board and the rules and regulations therefor. These sections were restored by the 1945 compiler to read as originally enacted, and Laws 1929, ch. 108, §§ 2 and 5, are set out herein as §§ 36-2-101 and 36-2-104 .

Stated in

Dechert v. Christopulos, 604 P.2d 1039, 1980 Wyo. LEXIS 223 (Wyo. 1980).

§ 36-7-103. Institution of legal proceedings.

All suits or actions brought by the board, under the provisions of this act, shall be instituted by the board, in the name of the people of the state of Wyoming.

History. Laws 1895, ch. 38, § 26; R.S. 1899, § 967; C.S. 1910, § 693; C.S. 1920, § 806; R.S. 1931, § 91-738; C.S. 1945, § 24-434; W.S. 1957, § 36-85.

Meaning of “this act.” —

The term “this act,” referred in this section, means Laws 1895, ch. 38, which appears herein as this chapter (chapter 7 of title 36).

Repealing clauses. —

Laws 1895, ch. 38, § 27, repeals all laws and parts of laws in conflict therewith.

§ 36-7-104. Disposition of forfeitures.

All moneys received by the state of Wyoming as proceeds from forfeited bonds, pledges or other forfeitures of whatsoever kind in connection with the operations under the act commonly known as the “Carey Act” shall become a part of the general fund.

History. Laws 1915, ch. 53, § 1; C.S. 1920, § 777; R.S. 1931, § 91-709; C.S. 1945, § 24-440; W.S. 1957, § 36-86; Laws 1974, ch. 16, § 2.

Carey Act. —

See note following chapter heading.

§ 36-7-201. Meetings; president; duty; quorum.

The board shall meet at least once in each month, at such time as the board may prescribe, for the transaction of business. The governor shall be president of the board, and it shall be his duty to sign all contracts, papers or documents that shall be approved, made or directed by the board. Provided, however, that all leases approved or directed to be entered into by the board of land commissioners may be signed for and on behalf of the state by the director. A majority of the board shall constitute a quorum for the transaction of any and all business; and in the absence of the governor, one (1) of the other members may act as president pro tempore and may preside at such meeting.

History. Laws 1895, ch. 38, § 3; R.S. 1899, § 936; C.S. 1910, § 663; C.S. 1920, § 771; R.S. 1931, § 91-703; C.S. 1945, § 24-403; W.S. 1957, § 36-87; Laws 1965, ch. 139, § 1; 1992, ch. 55, § 3.

Cross references. —

For other provisions as to president of board and meetings, see §§ 36-2-103 and 36-2-104 .

As to appeals in connection with the decisions of board, see § 36-2-201 et seq.

For powers and duties of board as to reclamation of land, see § 36-7-301 et seq.

As to powers and duties of board with reference to settlement of land, see § 36-7-401 et seq.

Editor's notes. —

In R.S. 1931, §§ 91-702 and 91-703 (§§ 36-7-102 and 36-7-201 ) were reworded, apparently to comply with the changes made by the amendment to art. 18, § 3, Wyo. Const., by Laws 1921, p. 293, and with the provisions of Laws 1929, ch. 108, §§ 2 and 5, which designated the members of the board of land commissioners, prescribed its powers and provided for the meetings of the board and the rules and regulations therefor. These sections were restored by the 1945 compiler to read as originally enacted, and Laws 1929, ch. 108, §§ 2 and 5, are set out herein as §§ 36-2-101 and 36-2-104 .

Invalid contract. —

Contract by which company which obtained license from board to construct irrigation works gave to third person exclusive right to contract with settlers for perpetual water rights within a fixed cost range was contrary to law and against public policy. McKinney v. Big Horn Basin Development Co., 167 F. 770, 1909 U.S. App. LEXIS 4379 (8th Cir. Wyo. 1909).

§ 36-7-202. Special meetings; duties of secretary.

The president shall have the power to call a special meeting, if in his judgment, public good requires the same to be done for any purpose contemplated in this chapter, or any other chapter prescribing the duty of said board; and such call may be either a personal or written notice. The object of such meeting shall be made a matter of record by the secretary of the board. The director shall be the secretary of such board, and it shall be his duty to keep a careful record of the transactions of such board in a substantially bound book to be kept for that purpose, and which shall be known as the record and proceedings of the board of land commissioners as to Carey Act matters. The secretary shall countersign all papers, instruments or documents approved, made or directed by the board bearing the signature of the president.

History. Laws 1895, ch. 38, § 4; R.S. 1899, § 937; C.S. 1910, § 664; Laws 1919, ch. 38, § 1; C.S. 1920, § 772; R.S. 1931, § 91-704; C.S. 1945, § 24-404; W.S. 1957, § 36-88; Laws 1992, ch. 55, § 3.

Cross references. —

As to duties of director, see § 36-3-102 .

Carey Act. —

See note following chapter heading.

§ 36-7-203. Office; duties of director.

The board shall have an office in Cheyenne. The director shall be in charge of the office. He shall have the custody of the records of the board; shall receive and file all proposals for the construction of irrigation works to reclaim lands selected under the provisions of this act; prepare and keep for public inspection maps or plats, on a scale of two (2) inches to the mile, of all lands selected; receive entries of settlers on these lands, and hear or receive the final proof of their reclamation, and do any and all work required by the board in carrying out the provisions of this act. He shall have authority to administer oaths whenever necessary in the performance of his duties.

History. Laws 1895, ch. 38, § 6; R.S. 1899, § 939; C.S. 1910, § 665; C.S. 1920, § 773; R.S. 1931, § 91-705; C.S. 1945, § 24-405; W.S. 1957, § 36-89; Laws 1975, ch. 140, § 2; 1992, ch 55, § 3.

Cross references. —

As to other duties of director, see § 36-3-102 .

Meaning of “this act.” —

See note following § 36-7-103 .

§ 36-7-204. Rules; copies of maps, plats and contracts; annual report of contractors; waiver of rules.

The board shall provide suitable rules for the filing of proposals for constructing irrigation works, and for the entry of and payment for the land by settlers, and for the forfeiting of entry by settlers upon failure to comply with the provisions of this act. There shall be kept in the office of the board, for public inspection, copies of all maps, plats, contracts for the construction of irrigation works, and of the entries of land by settlers. It shall require from each person, company of persons, association or incorporated company engaged in the construction of irrigation works, under the provisions of this act, an annual report, to be submitted to the board on or before November first of each year. This report shall show the number of water rights sold, the number of users of water under said irrigation works, the legal subdivisions of land for which water is to be furnished, the names of the officers of the company, the acreage of land which the said irrigation works is prepared to supply with water, and such other data as the board sees fit to require. The rules required by this section may be waived in the case of irrigation works being constructed by a person, colony or association of persons to furnish water for land settled upon and being reclaimed by themselves.

History. Laws 1895, ch. 38, § 23; R.S. 1899, § 964; C.S. 1910, § 690; C.S. 1920, § 803; R.S. 1931, § 91-735; C.S. 1945, § 24-431; W.S. 1957, § 36-90.

Cross references. —

As to rules and regulations, see also § 36-2-107 .

As to irrigation generally, see chapter 5 of title 41.

Meaning of “this act.” —

See note following § 36-7-103 .

§ 36-7-205. Duties of employees; fees.

The board shall prescribe the duties of all its employees and shall collect the following fees: for filing each application, one dollar ($1.00); for filing each final proof, one dollar ($1.00); for issuing each patent, one dollar ($1.00); for making certified copies of papers or records, the same fees as provided for to be charged by the secretary of state for like services. The money collected for fees shall be paid to the treasurer of the state and by him credited to the general fund.

History. Laws 1895, ch. 38, § 24; R.S. 1899, § 965; C.S. 1910, § 641; C.S. 1920, § 804; R.S. 1931, § 91-736; C.S. 1945, § 24-432; W.S. 1957, § 36-91; Laws 1974, ch. 16, § 2.

Cross references. —

As to duties of employees, see also § 36-2-103 .

As to fees required by secretary of state, see § 9-1-305 .

§ 36-7-206. Annual report.

The board shall issue, on or before November thirtieth of each year, a report setting forth in detail the names, location and character of the irrigation works in process of construction, the acreage and legal subdivisions of land intended to be reclaimed, the estimated cost of said irrigation works, the price of water rights from such irrigation works, and the terms of payment for both water rights and land. Not less than five thousand (5,000) copies of such report shall be printed for gratuitous distribution.

History. Laws 1895, ch. 38, § 25; R.S. 1899, § 966; C.S. 1910, § 692; C.S. 1920, § 805; R.S. 1931, § 91-737; C.S. 1945, § 24-433; W.S. 1957, § 36-92.

Cross references. —

As to director's annual report, see § 36-3-105 .

§ 36-7-207. Grants of rights-of-way to counties.

The board of land commissioners is hereby empowered, under such terms and regulations as may be provided by it, to grant to the counties of this state, either temporary or permanent rights-of-way for roads and highways, over and across lands ceded to the state under the provisions of an act approved August 18, 1894, known as the Carey Act [43 U.S.C. § 641], and the title to which lands is still vested in the state at the time such grant is made.

History. Laws 1913, ch. 84, § 1; C.S. 1920, § 774; R.S. 1931, § 91-706; C.S. 1945, § 24-441; W.S. 1957, § 36-93.

Carey Act. —

See note following chapter heading.

§ 36-7-301. Requisites; contents.

Any person, company of persons, association or incorporated company constructing, having constructed or desiring to construct ditches, canals or other irrigation works to reclaim land under the provisions of this act shall file with the board a request for the selection on behalf of the state by the board, of the land to be reclaimed, designating said land by legal subdivisions. This request shall be accompanied by a proposal to construct the ditch, canal or other irrigation works necessary for the complete reclamation of the land asked to be selected. The proposal shall be prepared in accordance with the rules of the board and with the regulations of the department of the interior. It shall state the source of water supply, the location and dimensions of the proposed works, the estimated cost thereof, the price and terms per acre, at which perpetual water rights will be sold to settlers on the land to be reclaimed, said perpetual rights to embrace a proportionate interest in the canal or other irrigation works, together with all rights and franchises attached thereto. In the case of incorporated companies, it shall state the name of the company, the purpose of its incorporation, the names and places of residence of its directors and officers, the amount of its authorized and its paid-up capital. If the applicant is not an incorporated company, the proposal shall set forth the name or names of the party or parties, and such other facts as will enable the board to determine his or their financial ability to carry out the proposed undertaking.

History. Laws 1895, ch. 38, § 7; R.S. 1899, § 940; C.S. 1910, § 666; C.S. 1920, § 775; R.S. 1931, § 91-707; C.S. 1945, § 24-406; W.S. 1957, § 36-94.

Cross references. —

As to public works and contracts, see § 16-6-101 et seq.

As to irrigation generally, see chapter 5 of title 41.

Meaning of “this act.” —

See note following § 36-7-103 .

Reclamation corporation. —

Corporation organized for purpose of reclaiming lands patented by state from United States and held by state for benefit of public desiring to settle on lands reclaimed is not strictly a private corporation, and court had jurisdiction, on company becoming insolvent, to appoint receiver over its property as going concern, on petition by judgment creditor. State ex rel. Avenius v. Tidball, 35 Wyo. 496, 252 P. 499, 1927 Wyo. LEXIS 97 (Wyo. 1927).

Substitution of acreage. —

Under administrative law concerning storage water, irrigable acreage may be substituted for nonirrigable acreage included in original reservoir project. Anderson v. Wyoming Dev. Co., 60 Wyo. 417, 154 P.2d 318, 1944 Wyo. LEXIS 19 (Wyo. 1944).

Cited in

Lakeview Canal Co. v. R. Hardesty Mfg. Co., 31 Wyo. 182, 224 P. 853, 1924 Wyo. LEXIS 20 (1924).

§ 36-7-302. Guaranty; forfeiture.

The board shall have authority to prescribe that each request and proposal shall be accompanied by a certified check in an amount to be designated by the board, the same to be held as a guarantee of the execution of the contract with the state in accordance with its terms by the parties submitting such proposals, in case of the approval of the same and selection of the land by the board and to be forfeited to the state in case of failure of said parties to enter into a contract with the state in accordance with the provisions of this act.

History. Laws 1895, ch. 38, § 8; 1899, ch. 6, § 1; R.S. 1899, § 941; C.S. 1910, § 667; C.S. 1920, § 776; R.S. 1931, § 91-708; C.S. 1945, § 24-407; W.S. 1957, § 36-95.

Meaning of “this act.” —

See note following § 36-7-103 .

§ 36-7-303. Application for permit to appropriate water.

The person, company of persons, association or incorporated company, making application to the board for the selection of lands by the state, shall have filed with the state engineer an application for a permit to appropriate water for the reclamation of the lands described in the request to the board. This application shall be prepared in conformity with the provisions of W.S. 41-3-613 , 41-3-615 , 41-4-501 through 41-4-512 and 41-4-517 , except that the time for beginning construction, as specified by W.S. 41-4-506 thereof, shall begin within one (1) year from the date the lands, described in the said request to the board, are segregated to the state. The maps showing the proposed irrigation works and the lands to be irrigated shall be prepared in accordance with the regulations of the state engineer’s office and the rules of the department of the interior.

History. Laws 1895, ch. 38, § 9; R.S. 1899, § 942; Laws 1905, ch. 79, § 1; C.S. 1910, § 668; C.S. 1920, § 778; R.S. 1931, § 91-710; C.S. 1945, § 24-408; W.S. 1957, § 36-96.

Rights of appropriators limited. —

Common carrier of water is the agent or trustee of the actual appropriators who put water to beneficial use, and the rights of the latter are limited by contract with carrier as well as by provisions of law. State v. Laramie Rivers Co., 59 Wyo. 9, 136 P.2d 487, 1943 Wyo. LEXIS 4 (Wyo. 1943).

Stated in

Bruegman v. Johnson Ranches, Inc., 520 P.2d 489, 1974 Wyo. LEXIS 193 (Wyo. 1974).

Cited in

Dechert v. Christopulos, 604 P.2d 1039, 1980 Wyo. LEXIS 223 (Wyo. 1980).

§ 36-7-304. Examination.

Immediately upon receipt of any request and proposal, as designated in W.S. 36-7-301 , it shall be the duty of the director of the office of state lands and investments to examine the same, and ascertain if it complies with the rules of the board and the regulations of the department of the interior. If it does not, it is to be returned for correction, but if it does so comply, the director shall cause to be examined by an engineer in his office, the maps, plans, specifications and surveys, to determine whether or not the proposed works are feasible, whether the proposed irrigation system is practicable and the best that can be provided for the reclamation of said lands, whether there is sufficient unappropriated water in the source of supply to furnish an ample supply of water for the irrigation and reclamation of the lands described in such proposal, whether the capacity of the proposed works is adequate to reclaim the lands described, whether or not the proposed cost of construction is reasonable, considering the area of land to be reclaimed, and whether or not the lands proposed to be irrigated are desert in character, and such as may be properly set apart under the provisions of the aforesaid act of congress and the rules and regulations of the department of the interior thereunder. Whenever the director shall deem it necessary to obtain the desired information, he shall cause a field examination of such project to be made by an engineer from his office. The state engineer shall afford to the director or the engineers in his office, every facility to examine the records and files of the state engineer’s office to obtain the desired information, and upon request of the director, and without charge, shall furnish all information as to water permits issued, and concerning the water supply for such proposed irrigation system, and furnish such reports as may be called for by the director, or the interior department.

History. Laws 1895, ch. 38, § 10; R.S. 1899, § 943; C.S. 1910, § 669; Laws 1913, ch. 117, § 1; C.S. 1920, § 779; R.S. 1931, § 91-711; C.S. 1945, § 24-409; W.S. 1957, § 36-97; Laws 1992, ch. 55, § 3; 1998, ch. 13, § 1.

Federal act. —

As to meaning of “aforesaid act of congress,” referred to in the second sentence, see note catchlined “Carey Act” following chapter heading.

§ 36-7-305. Submission for consideration; approval.

Whenever the director shall have made the investigation of such request and proposal as he deems necessary, he shall submit such request and proposal, with the report of such investigation, to the board for its consideration. In case of approval, the board shall instruct the director to file in the local land office, a request for the withdrawal of the land described in said proposal.

History. Laws 1895, ch. 38, § 11; R.S. 1899, § 944; C.S. 1910, § 670; Laws 1913, ch. 117, § 2; C.S. 1920, § 780; R.S. 1931, § 91-712; C.S. 1945, § 24-410; W.S. 1957, § 36-98; Laws 1992, ch. 55, § 3.

§ 36-7-306. Notification of nonapproval; resubmission.

When requests and proposals are not approved by the board, the board shall notify the parties making such proposal of such action, and the reason therefor. The parties so notified shall have sixty (60) days in which to submit a satisfactory proposal, but the board may, at its discretion, extend the time to six (6) months.

History. Laws 1895, ch. 38, § 12; R.S. 1899, § 945; C.S. 1910, § 671; C.S. 1920, § 782; R.S. 1931, § 91-714; C.S. 1945, § 24-412; W.S. 1957 § 36-99.

§ 36-7-320. Duty to contract; contents; withdrawal of land and filing of bond necessary.

Upon the withdrawal of the land by the department of the interior, it shall be the duty of the board to enter into a contract with the parties submitting the proposal, which contract shall contain complete specifications of the location, dimensions, character and estimated cost of the proposed ditch, canal or other irrigation work; the price and terms per acre at which such works and perpetual water rights shall be sold to settlers; the price and terms upon which the state is to dispose of the land to settlers; provided, that such price and terms for irrigation works, water rights and for lands to be disposed of by the state to settlers shall, in all cases, be reasonable and just. This contract shall not be entered into on the part of the state until the withdrawal of these lands by the department of the interior and the filing of a satisfactory bond on the part of the proposed contractor for irrigation works, which bond shall be in a penal sum equal to five percent (5%) of the estimated cost of the works, and to be conditioned for the faithful performance of the provisions of the contract with the state.

History. Laws 1895, ch. 38, § 13; R.S. 1899, § 946; C.S. 1910, § 672; C.S. 1920, § 783; R.S. 1931, § 91-715; C.S. 1945, § 24-413; W.S. 1957, § 36-100.

Cross references. —

As to public works and contracts, see § 16-6-101 et seq.

As to irrigation generally, see chapter 5 of title 41.

Right to contract for surplus water. —

If reservoir has sufficient capacity above that required to satisfy contractual rights of owners of land in original project, reservoir owner has right to contract with others for use of storage water. Anderson v. Wyoming Dev. Co., 60 Wyo. 417, 154 P.2d 318, 1944 Wyo. LEXIS 19 (Wyo. 1944).

§ 36-7-321. Terms.

No contract shall be made by the board which requires a greater time than five (5) years for the construction of the canal, works or irrigation system, and all contracts shall be conditioned that active construction work shall begin within six (6) months from the date of the contract, and that at least one-tenth of the construction work shall be completed within one (1) year of the date of the contract; that at least one-third of the construction work shall be completed within two (2) years from the date of the contract, and that construction shall be prosecuted diligently and continuously to completion; and that a cessation of work under the contract with the state for a period of ninety (90) days during the months of May, June, July, August, September, October and November, after the second year will forfeit to the state all rights under the said contract.

History. Laws 1895, ch. 38, § 14; R.S. 1899, § 947; Laws 1909, ch. 160, § 2; C.S. 1910, § 673; C.S. 1920, § 784; R.S. 1931, § 91-716; C.S. 1945, § 24-414; W.S. 1957, § 36-101.

Invalid contract. —

Contract by which company which obtained license from board to construct irrigation works gave to third party exclusive right to contract with settlers for perpetual water rights within a fixed cost range was contrary to law and against public policy. McKinney v. Big Horn Basin Development Co., 167 F. 770, 1909 U.S. App. LEXIS 4379 (8th Cir. Wyo. 1909).

§ 36-7-322. Notice upon failure to fulfill; sale of incompleted works; option to complete.

Upon the failure of any parties, having contracts with the state for the construction of irrigation works, to begin the same within the time specified by the contract, or to complete the same within the time or in accordance with the specifications of the contract with the state, it shall be the duty of the director to give such parties written notice of such failure, and if, after a period of sixty (60) days from the sending of such notice, they shall have failed to proceed with the work, or to conform to the specifications of their contract with the state, unless said parties shall show to the satisfaction of the board good and sufficient reason for such delay and failure to complete said works or conform to said specifications and demonstrate to the satisfaction of said board their financial ability and intentions to proceed with said work in good faith, the bond and contract of such parties and all work constructed thereunder shall be at once and thereby forfeited to the state, and it shall be the duty of the board at once so to declare and to give notice once each week, for a period of four (4) weeks, in some newspaper of general circulation in the county in which the work is situated, and in one (1) newspaper at the state capital, in like manner and for a like period, of the forfeiture of said contract, and that upon a day fixed, proposals will be received at the office of state lands and investments in the capitol at Cheyenne, for the purchase of the incompleted works and for the completion of said contract; the time for receiving said bids to be at least sixty (60) days subsequent to the issuing of the last notice of forfeiture. The money received from the sale of partially completed works under the provisions of W.S. 36-7-321 , shall first be applied to the expenses incurred by the state in their forfeiture and disposal; secondly, to satisfying the bond; and the surplus, if any exists, shall be paid to the original contractors with the state; provided, however, that the board may, in its discretion, accept from any parties unable for any reason to fulfill the terms of their contract with the state, the full release, relinquishment and surrender of any rights acquired from the state under and by virtue of said contract, and may thereupon abrogate the same and release said parties from the conditions of the said contract and bond, and may proceed in its discretion to enter into a new contract with other parties, if such there be, for the completion of the works so surrendered.

History. Laws 1895, ch. 38, § 15; 1899, ch. 6, § 2; R.S. 1899, § 948; C.S. 1910, § 674; C.S. 1920, § 785; R.S. 1931, § 91-717; C.S. 1945, § 24-415; W.S. 1957, § 36-102; Laws 1992, ch. 55, § 3; 1998, ch. 13, § 1.

Board entitled to contract water rights priorities. —

The board may, under this section, accept from a defaulting water permittee the right to contract with other permittees as to the priority of water rights under a common permit, as an incident of the board's trustee obligations, and this right of contract is not related to, or in conflict with, the rights granted the board of control by art. 8, § 2, Wyo. Const.Dechert v. Christopulos, 604 P.2d 1039, 1980 Wyo. LEXIS 223 (Wyo. 1980).

§ 36-7-323. State not responsible for contractor failures.

Nothing in this act shall be construed as authorizing the board to obligate the state to pay for any work constructed under any contract, or to hold the state in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the state.

History. Laws 1895, ch. 38, § 16; R.S. 1899, § 949; C.S. 1910, § 675; C.S. 1920, § 786; R.S. 1931, § 91-718; C.S. 1945, § 24-416; W.S. 1957, § 36-103.

Meaning of “this act.” —

See note following § 36-7-103 .

§ 36-7-324. Maps; lands subject to rights-of-way.

The maps in the office of the board of the lands selected under the provisions of this act, shall show the location of the canals or other irrigation works approved in the contract with the board, and all lands filed upon shall be subject to the rights-of-way of such canals or irrigation works; said rights-of-way to embrace the entire width of the canals, and such additional width as may be required for their proper operation and maintenance, the width of such rights-of-way to be specified in the contracts provided for in this act.

History. Laws 1895, ch. 38, § 22; R.S. 1899, § 963; C.S. 1910, § 689; C.S. 1920, § 802; R.S. 1931, § 91-734; C.S. 1945, § 24-430; W.S. 1957, § 36-104.

Meaning of “this act.” —

See note following § 36-7-103 .

Mineral estate not included in grant. —

The single purpose of a grant under this chapter is for the construction and operation of an irrigation canal, and the mineral estate thereunder is neither included nor contemplated. Batzer Oil Co. v. Ohio Oil Co., 188 F. Supp. 367, 1960 U.S. Dist. LEXIS 4288 (D. Wyo. 1960).

Title to oil and gas underlying land is not included in right or easement acquired to construct and operate canal. As has been held by the Wyoming supreme court, “The land itself is not sold or granted to the company constructing such irrigation works.” Batzer Oil Co. v. Ohio Oil Co., 188 F. Supp. 367, 1960 U.S. Dist. LEXIS 4288 (D. Wyo. 1960).

And canal and ditch construction companies acquire only rights-of-way.—

This section permits only the inescapable conclusion that fee title to the lands could be acquired only by patents; that only settlers were entitled to receive fee patents from the state; that canal and ditch construction companies could contract for and receive only rights-of-way for the purpose of reclaiming the arid lands and providing water to the settlers thereon. Batzer Oil Co. v. Ohio Oil Co., 188 F. Supp. 367, 1960 U.S. Dist. LEXIS 4288 (D. Wyo. 1960).

§ 36-7-325. Inspection of completed systems; application for patent.

Whenever any person, firm or corporation constructing an irrigation system to reclaim lands under the Carey Act, shall notify the director that such irrigation system is completed, and that an ample supply of water is being delivered in a substantial ditch or canal to the lands included in such segregation, or any unit of such lands, the director shall cause an inspection to be made of such constructed system, and if he finds that said irrigation system has been constructed in a substantial manner, and in accordance with the plans and specifications agreed upon, and that an ample supply of water is being delivered to such lands in a substantial ditch or canal, he shall immediately apply to the United States government for patent to such lands, and shall submit to the interior department, proof of the reclamation of such lands.

History. Laws 1913, ch. 117, § 3; C.S. 1920, § 781; R.S. 1931, § 91-713; C.S. 1945, § 24-411; W.S. 1957, § 36-105; Laws 1992, ch. 55, § 3.

Carey Act. —

See note following chapter heading.

§ 36-7-326. Assessments for operation; failure to pay; enforcement of lien; costs and fees; injunction bond.

Companies, associations, or corporations operating or controlling irrigation systems, ditches, or reservoirs or other devices for the distribution of water for irrigation shall be authorized to levy and collect such reasonable and necessary assessments for the cost of operation, maintenance, repairs and improvements of such irrigation systems, ditches or reservoirs, and for the purpose of repaying money borrowed for such purposes, as may be authorized by a majority of the members of such companies, or associations, or fixed in the manner provided by the bylaws of such corporation. Payment of such assessments shall be the necessary requisite for the use of such reservoirs, irrigation systems or ditches for the storage or conveyance of water for the lands deeded or described in contracts for or deeds to proportionate interests in such reservoirs, irrigation systems and ditches upon which assessments are made, and in the event such assessments remain due and unpaid more than ten (10) days after the date fixed as the date of payment for the purpose, such companies, associations and corporations are authorized to close down any headgate or other diverting or measuring device used by any delinquent, or by any person in possession of or using such lands, and to refuse to allow the use of such reservoirs, irrigation systems and ditches for the purpose of storing water for or conveying water to the lands of such delinquents and refuse such delinquents the right to vote at any meeting of such company, association, or corporation, until such repair or maintenance assessment shall have been paid. Such companies, associations and corporations shall have a lien upon the proportionate interest in such reservoirs, irrigation systems and ditches, which shall become a first lien upon the lands deeded or described in contracts for or deeds to such proportionate interests for the amount of any unpaid assessments which may be enforced in a court of competent jurisdiction, as in the case of other liens. In all suits or actions to obtain a judgment on such account and to enforce the lien, when the plaintiff or complainant shall obtain judgment or decree, the costs, together with twenty-five dollars ($25.00) for attorney’s fees, shall be taxed or recovered from the adverse party. No restraining order, or order of injunction shall be issued against any such company, association or corporation unless applicant for same shall file a sufficient bond conditioned upon the immediate payment of all delinquent assessments if such shall be found by a competent court to be reasonable and just. This act [section] shall include all lands under any of the above named systems if water has been used or is being used in any one irrigation season and providing that water is in said canal, reservoir or ditches, subject to use of owners.

History. Laws 1909, ch. 160, § 5; C.S. 1910, § 679; Laws 1917, ch. 55, § 1; C.S. 1920, § 792; R.S. 1931, § 91-724; C.S. 1945, § 24-420; W.S. 1957, § 36-106.

Right to lien. —

Under this section, irrigation company was entitled to lien for delinquent assessments on interests represented by unsold water contracts, as well as by contracts disposed of. Bench Canal Co. v. Sullivan, 39 Wyo. 345, 271 P. 221, 1928 Wyo. LEXIS 103 (Wyo. 1928).

Section contemplates that parties subject to assessments have water available for their use. Laramie Rivers Co. v. Watson, 69 Wyo. 333, 241 P.2d 1080, 1952 Wyo. LEXIS 8 (Wyo. 1952).

Lien arising from assessments did not attach to mineral estate which had been severed from the surface estate before the assessments thereon were made, since, after severance, the two estates, owned separately, were held by separate and distinct titles. Ohio Oil Co. v. Wyoming Agency, 63 Wyo. 187, 179 P.2d 773, 1947 Wyo. LEXIS 9 (Wyo. 1947).

And purchaser at sheriff's sale acquired no interest in mineralestate. —

A purchaser at a sheriff's sale, held pursuant to a judgment enforcing a lien on a surface estate, acquired no interest in the mineral estate which had been severed from the surface estate before the assessments were made thereon from which the lien arose. Ohio Oil Co. v. Wyoming Agency, 63 Wyo. 187, 179 P.2d 773, 1947 Wyo. LEXIS 9 (Wyo. 1947).

Estoppel. —

Irrigation company was estopped by its assistant secretary's statement to prospective purchaser that there was no unpaid assessment against land. Seaman v. Big Horn Canal Ass'n, 29 Wyo. 391, 213 P. 938, 1923 Wyo. LEXIS 22 (Wyo. 1923).

In proceedings to sell property of irrigation company to satisfy judgments, it is assumed that assessments against lands provided by this section were collected, but were insufficient to pay judgment and expenses, and where company remained liable for half of claims itself, necessity for sale of property was shown. State ex rel. Avenius v. Tidball, 35 Wyo. 496, 252 P. 499, 1927 Wyo. LEXIS 97 (Wyo. 1927).

§ 36-7-401. Notice lands open for settlement.

Upon receipt of notice by the contracting company that water for beneficial irrigation can be furnished for all or any part of the lands in any segregation list at stated time, it being shown to the satisfaction of the board that the contracting company will be able to deliver water at the said time, it shall be the duty of the board, by publication, at the expense of the contracting company, in one (1) newspaper in the county in which said lands are situated and such other newspaper or newspapers as may be designated by the contracting company, to give notice that certain lands, generally described, are open for settlement; that the land will be sold at fifty cents ($.50) per acre by the state and that proportionate interests in the irrigation system for a perpetual water supply can be purchased at the price named and water for beneficial irrigation can be furnished on the date named, and such other information as the board shall deem advisable.

History. Laws 1895, ch. 38, § 17; R.S. 1899, § 950; C.S. 1910, § 676; Laws 1911, ch. 94, § 1; C.S. 1920, § 787; R.S. 1931, § 91-719; C.S. 1945, § 24-417; W.S. 1957, § 36-107.

§ 36-7-402. Proceeds earmarked for reclamation.

Pursuant to the act of congress, approved August 18, 1894 (28 Stat., 372-422) [43 U.S.C. § 641], all moneys received by the state of Wyoming from the payments of fifty cents ($.50) an acre received on lands segregated under what is commonly known as the Carey Act [43 U.S.C. § 641], and all moneys received as fees pursuant to operations of the Carey Act, are hereby appropriated for the purpose of reclaiming school or granted lands belonging to the state of Wyoming, and lands which may be hereafter granted or selected for the said state of Wyoming for any purpose whatsoever.

History. Laws 1909, ch. 63, § 1; C.S. 1910, § 694; C.S. 1920, § 807; R.S. 1931, § 91-739; C.S. 1945, § 24-437; W.S. 1957, § 36-108.

Carey Act. —

See note following chapter heading.

§ 36-7-403. Application for entry; certificate of location; payments.

Any adult citizen of the United States or any adult person having declared his intention of becoming a citizen of the United States, may make application, under oath, to the board, to enter any of said land in an amount not to exceed one hundred and sixty (160) acres for any one (1) person; and such application shall set forth that the person desiring to make such entry does so for the purpose of actual reclamation, cultivation and settlement in accordance with the act of congress and the laws of this state relating thereto, and that the applicant has never received the benefit of the provisions of this act to an amount greater than one hundred and sixty (160) acres, including the number of acres specified in the application under consideration. Such application must be accompanied by an original signed copy or a certified copy of a contract for a water right, made and entered into by the party making the application with the person, company or association who have been authorized by the board to furnish water for the reclamation of said lands, or, if the person, company or association who has been authorized by the board to furnish water for the reclamation of said lands is not the owner of the water right attached and appurtenant to the land upon which the applicant seeks to file, then, with the bona fide owner of said water right; such application for entry shall be made within thirty (30) days from the time the applicant shall have contracted with the owners of the water right attached and appurtenant to the land for the purchase of a proportionate interest in said water right, and it shall be the duty of the owners of the water rights to notify the director whenever they have contracted with applicants for the purchase of proportionate interests in said water rights; and if said applicant has at any previous time entered lands under the provisions of this article, he shall so state in his application, together with description, date of entry and location of said land. The board shall thereupon file in its office the application and papers relating thereto, and, if allowed, issue a certificate of location to the applicant. All applications for entry shall be accompanied by a payment of twenty-five cents ($.25) per acre, which shall be paid as a partial payment on the land if the application is allowed; and all certificates when issued shall be recorded in a book to be kept for that purpose. If the application is not allowed, the twenty-five cents ($.25) per acre accompanying it shall be returned to the applicant; provided, that where the construction company fails to furnish water to any settler under the provisions of its contract with the state, the state shall refund to such settler, all payments that he shall have made to the state. The board shall dispose of all lands accepted by the state under the provisions of this article at a uniform price of fifty cents ($.50) per acre, half to be paid at the time of entry and the remainder at the time of making final proof by the settler; and, provided, further, that whenever any citizen of the United States, or any person having declared his intention of becoming a citizen of the United States, shall make application as provided in this section to enter any of said land in an amount not exceeding one hundred and sixty (160) acres, and shall further prove to the satisfaction of the board that he or she is the father or mother of eight (8) living children, it shall be the duty of the board to permit the application for entry by him or her without charge and to issue a certificate of location to such applicant without charge, and to dispose of such lands to said applicant upon final proof being made.

History. Laws 1895, ch. 38, § 18; R.S. 1899, § 951; Laws 1909, ch. 35, § 1; C.S. 1910, § 677; C.S. 1920, § 788; R.S. 1931, § 91-720; Laws 1937, ch. 41, § 1; 1943, ch. 54, § 1; C.S. 1945, § 24-418; W.S. 1957, § 36-109; Laws 1973, ch. 213, § 2; 1992, ch. 55, § 3.

Cross references. —

As to water rights, see chapter 3 of title 41.

Meaning of “act of congress.” —

The “act of congress,” referred to in the first sentence, apparently means the federal Carey Act, which appears as 43 U.S.C. § 641.

Meaning of “this act.” —

See note following § 36-7-103 .

Right to use water for irrigation of arid lands is property right acquired by appropriation; that is, by diversion and application of water to beneficial uses. North Side Canal Co. v. State Board of Equalization, 17 F.2d 55, 1926 U.S. App. LEXIS 2732 (8th Cir. Wyo. 1926), cert. denied, 274 U.S. 740, 47 S. Ct. 586, 71 L. Ed. 1320, 1927 U.S. LEXIS 158 (U.S. 1927).

Rights of appropriators limited. —

Common carrier of water is the agent or trustee of the actual appropriators who put water to beneficial use, and the rights of the latter are limited by contract with carrier as well as by provisions of law. State v. Laramie Rivers Co., 59 Wyo. 9, 136 P.2d 487, 1943 Wyo. LEXIS 4 (Wyo. 1943).

Invalid contract. —

Contract by which company which obtained license from board of land commissioners to construct irrigation works gave to third party exclusive right to contract with settlers for perpetual water rights within a fixed cost range was contrary to law and against public policy. McKinney v. Big Horn Basin Development Co., 167 F. 770, 1909 U.S. App. LEXIS 4379 (8th Cir. Wyo. 1909).

Applied in

Walliker v. Escott, 608 P.2d 1272, 1980 Wyo. LEXIS 250 (Wyo. 1980).

Cited in

Ver Straten v. Board of Comm'rs, 35 Wyo. 67, 246 P. 916, 1926 Wyo. LEXIS 8 (1926).

§ 36-7-404. Final proof of reclamation; fee and last payment; right to patent; failure to timely prove.

Within three (3) years from the date of the certificate of location issued to an entryman on the Carey Act lands, the entryman shall appear before the director, who is hereby authorized to administer oaths in matters pertaining to the state of Carey Act lands in Wyoming, a judge or clerk of the district or circuit court of any state, or commissioner of the United States district court, and make final proof of reclamation, settlement, and occupation, which proof shall embrace evidence that he has a perpetual water right for the irrigable area of the tract of land so filed upon, sufficient in volume for the complete irrigation and reclamation thereof, and has cultivated and irrigated not less than one-fourth part of the irrigable area of said tract and not less than one-eighth of the entire tract filed upon, that he has resided upon the land for the period of time required by the rules of the board, and such further proof, if any, as may be required by the regulations of the department of the interior, or the board. The officer taking this proof shall be entitled to a fee of two dollars ($2.00), which fee shall be paid by the entryman, and shall be in addition to the price paid to the state for the land. All proofs so received shall be submitted by the director to the board, and shall be accompanied by the last and final payment for said land, and on the approval of the same by the said board, shall entitle the said entryman to a patent to said land, whenever said land shall be patented by the United States to the state; provided, that when the director shall take such final proofs, all fees received by him shall be turned in to the state treasury; provided further, that when an entryman fails to make final proof within three (3) years from the date of the issuance of the certificate of location, the board may in its discretion, after (60) days’ notice is given to the entryman by registered letter to his last known address, cancel the certificate of location and declare the land covered by such certificate open to entry.

History. Laws 1895, ch. 38, § 20; R.S. 1899, § 953; Laws 1903, ch. 8, § 1; 1909, ch. 160, § 3; C.S. 1910, § 678; Laws 1913, ch. 54, § 1; 1915, ch. 83, § 1; C.S. 1920, § 789; R.S. 1931, § 91-721; Laws 1943, ch. 55, § 1; C.S. 1945, § 24-419; W.S. 1957, § 36-110; Laws 1992, ch. 55, § 3.

Cross references. —

As to authority to administer oaths, see § 36-3-107 .

Carey Act. —

See note following chapter heading.

Erroneous judgment. —

Where equitable and legal title to lands was in United States, entryman having no taxable equitable interest or possessory right, judgment allowing county to retain taxes was erroneous. Ver Straten v. Board of Comm'rs, 35 Wyo. 67, 246 P. 916, 1926 Wyo. LEXIS 8 (Wyo. 1926).

Applied in

Walliker v. Escott, 608 P.2d 1272, 1980 Wyo. LEXIS 250 (Wyo. 1980).

§ 36-7-405. Issuance of patent to heir.

Where an entryman upon Carey Act lands, who has made valid final proof thereon, dies before the state has issued patent therefor, patent when issued, shall issue in the name of the heir of the estate of such deceased entryman.

History. Laws 1915, ch. 126, § 1; C.S. 1920, § 790; R.S. 1931, § 91-722; C.S. 1945, § 24-435; W.S. 1957, § 36-111.

Carey Act. —

See note following chapter heading.

§ 36-7-406. Final proof by heirs; devise or descent of entry.

In all cases where lands have been entered under the provisions of W.S. 36-7-403 , and the entryman has died prior to the making of final proof of reclamation, settlement, and occupation, proof of reclamation may be made by an heir, and proof of settlement and occupation may be made by such person, or persons, or by an agent thereof, and patent when issued shall issue in the name of the heirs of the estate of such deceased entryman. Any such entry may be devised or shall descend as other real estate.

History. Laws 1915, ch. 126, § 2; C.S. 1920, § 791; R.S. 1931, § 91-723; C.S. 1945, § 24-436; W.S. 1957, § 36-112.

§ 36-7-407. Issuance of patents.

Upon the issuance of a patent to any lands by the United States to the state, notice shall be forwarded to the settler upon such land. It shall be the duty of the board, under the signature of its president, and attested by its secretary, to issue a patent to said lands from the state to the settler.

History. Laws 1895, ch. 38, § 21; R.S. 1899, § 954; C.S. 1910, § 680; C.S. 1920, § 793; R.S. 1931, § 91-725; C.S. 1945, § 24-421; W.S. 1957, § 36-113.

§ 36-7-501. When water rights attach to land.

The water rights to all lands acquired under the provisions of this act shall attach to and become appurtenant to the land as soon as title passes from the United States to the state.

History. Laws 1895, ch. 38, § 21; R.S. 1899, § 955; C.S. 1910, § 681; C.S. 1920, § 794; R.S. 1931, § 91-726; C.S. 1945, § 24-422; W.S. 1957, § 36-114.

Cross references. —

As to administration and control of water rights, see chapter 3 of title 41.

Meaning of “this act.” —

See note following § 36-7-103 .

Right to use water for irrigation of arid lands is property right acquired by appropriation; that is, by diversion and application of water to beneficial uses. North Side Canal Co. v. State Board of Equalization, 17 F.2d 55, 1926 U.S. App. LEXIS 2732 (8th Cir. Wyo. 1926), cert. denied, 274 U.S. 740, 47 S. Ct. 586, 71 L. Ed. 1320, 1927 U.S. LEXIS 158 (U.S. 1927).

Water rights of entryman under this section become appurtenant to land when title passes from United States to state. Ver Straten v. Board of Comm'rs, 35 Wyo. 67, 246 P. 916, 1926 Wyo. LEXIS 8 (Wyo. 1926).

Quoted in

Dechert v. Christopulos, 604 P.2d 1039, 1980 Wyo. LEXIS 223 (Wyo. 1980).

Stated in

Bruegman v. Johnson Ranches, Inc., 520 P.2d 489, 1974 Wyo. LEXIS 193 (Wyo. 1974).

§ 36-7-502. First and prior lien on water right.

Any person, company or association furnishing water for any tract of land shall have a first and prior lien on said water right and land upon which said water is used, for all deferred payments for said water right; said lien to be in all respects prior to any and all other liens created or attempted to be created by the owner and possessor of said land; said lien to remain in full force and effect until the last deferred payment for the water right is fully paid and satisfied according to the terms of the contract under which said water right was acquired.

History. Laws 1895, ch. 38, § 21; R.S. 1899, § 956; C.S. 1910, § 682; C.S. 1920, § 795; R.S. 1931, § 91-727; C.S. 1945, § 24-423; W.S. 1957, § 36-115.

Company that constructed ditch has interest therein to which lien may attach for work and material. Lakeview Canal Co. v. R. Hardesty Mfg. Co., 31 Wyo. 182, 224 P. 853, 1924 Wyo. LEXIS 20 (Wyo. 1924).

§ 36-7-503. Recording of contract; foreclosure of lien.

The contract for the water right upon which the aforesaid lien is founded, whether heretofore or hereafter executed, shall be recorded in the office of the county clerk of the county where said land is situate; and upon the default of any of the deferred payments secured by any lien under the provisions of this article, the person, company of persons, association or incorporated company holding or owning said lien, may, within ten (10) years after the last maturing deferred payment secured by such lien shall have become due, foreclose the same according to the terms and conditions of the contract granting and selling to the settler the water right.

History. Laws 1895, ch. 38, § 21; R.S. 1899, § 957; C.S. 1910, § 683; C.S. 1920, § 796; R.S. 1931, § 91-728; Laws 1945, ch. 123, § 1; C.S. 1945, § 24-424; W.S. 1957, § 36-116.

§ 36-7-504. Notice and place of foreclosure sale; duties of sheriff; limitation on bids.

All sales shall be advertised in a newspaper of general circulation, published in the county where said land and water right is situate for six (6) consecutive weeks, and shall be sold to the highest bidder at the front door of the courthouse of the county, or such place as may be agreed upon by the terms of the aforesaid contract. And the sheriff of said county shall in all such cases give all notices of sale and shall sell all such land and water rights and shall make and execute a certificate of sale to the purchaser thereof, and at such sale no person, company of persons, association or incorporated company, owning and holding any lien shall bid in or purchase any land or water right at a greater price than the amount due on said deferred payment for said water right and land, and the costs incurred in making the sale of said land and water right.

History. Laws 1895, ch. 38, § 21; R.S. 1899, § 958; C.S. 1910, § 684; C.S. 1920, § 797; R.S. 1931, § 91-729; C.S. 1945, § 24-425; W.S. 1957, § 36-117.

Cross references. —

As to publication of notice of foreclosure of mortgaged premises, see §§ 34-4-104 and 34-4-105 .

§ 36-7-505. Redemption.

At any time within nine (9) months after the foreclosure sale by the sheriff, of the land and water rights as aforesaid, the original owner against whom the lien has been foreclosed, may apply to the person, company of persons, association or incorporated company purchasing at such sale, to redeem such land and water rights, and the purchaser shall assign the certificate of sale of such land and water rights to such original owner, upon the payment by him within such nine (9) months, of the amount of the lien for which the same was sold at such foreclosure sale, together with the interest, costs and fixed charges thereon. Where the lienholder becomes the purchaser at such foreclosure sale, if such lands and water rights are not redeemed by the original owner within nine (9) months, then at any time within three (3) months after the expiration of such nine (9) months, any person desiring to settle upon and use such land and water rights, may apply to the purchaser at such foreclosure sale to redeem such land and water rights, and such purchaser shall assign the certificate of sale of such land and water rights to the person desiring to redeem the same, upon the payment by him, within such three (3) months, of the amount of the lien for which the same was sold at such foreclosure sale, together with the interest, costs and fixed charges thereon.

History. Laws 1895, ch. 38, § 21; R.S. 1899, § 959; C.S. 1910, § 685; C.S. 1920, § 798; R.S. 1931, § 91-730; C.S. 1945, § 24-426; W.S. 1957, § 36-118.

§ 36-7-506. Redemption; recording certificate of sale.

Upon issuing any certificate of sale, it shall be the duty of the sheriff to file for record in the office of the county clerk of the county where such land is situated, a certified copy of such certificate of sale, and in case the original owner shall redeem the land and water rights sold as aforesaid, he shall file for record in the office of such county clerk, the certificate of sale assigned to him by the purchaser as aforesaid, upon his redemption of such land and water rights.

History. Laws 1895, ch. 38, § 21; R.S. 1899, § 960; C.S. 1910, § 686; C.S. 1920, § 799; R.S. 1931, § 91-731; C.S. 1945, § 24-427; W.S. 1957, § 36-119.

§ 36-7-507. Redemption; issuance of deed.

In case the land and water rights shall be redeemed by any person other than the original owner, the sheriff shall, upon presentation of such certificate, issue a deed for such land and water rights to the person so redeeming the same. If the land and water rights shall not be redeemed by any person within the time and in the manner hereinbefore provided, it shall be the duty of the sheriff, upon presentation of the certificate of sale by the original purchaser, to issue a deed to such purchaser.

History. Laws 1895, ch. 38, § 21; R.S. 1899, § 961; C.S. 1910, § 687; C.S. 1920, § 800; R.S. 1931, § 91-732; C.S. 1945, § 24-428; W.S. 1957, § 36-120.

§ 36-7-508. Proceeds of foreclosure sale; fees of sheriff.

Where such lands and water rights are not purchased by the lienholder of such foreclosure sale, it shall be the duty of the sheriff to first pay the lienholder out of the proceeds of such sale, the amount of the lien together with all interest, costs and fixed charges thereon, and to pay any balance remaining to the person against whom such lien has been foreclosed, and for his services in such cases the sheriff shall receive the same fees as are provided by law in civil cases.

History. Laws 1895, ch. 38, § 21; R.S. 1899, § 962; C.S. 1910, § 688; C.S. 1920, § 801; R.S. 1931, § 91-733; C.S. 1945, § 24-429; W.S. 1957, § 36-121.

Cross references. —

As to fees of sheriff in civil cases, see § 18-3-608 .

§ 36-7-509. Authority to purchase water rights; lease and sale; disposition of moneys received.

1. The board of land commissioners is hereby authorized to purchase water rights or proportionate interests in canals, reservoirs or irrigation systems for the purpose of reclaiming school and other granted lands. Lands for which water rights become appurtenant may be leased by the board at a price which will return an equitable income, or may be sold upon the following terms and conditions:
   1. The land shall be offered at public auction at the front door of the courthouse of the county in which the land is situated, after being advertised for four (4) weeks, as required by law;
   2. Thirty percent (30%) of the purchase price of the land must be paid in cash on the day of sale;
   3. The purchaser shall, before the sale is consummated, enter into a contract for the purchase of a water right or proportionate interest in the irrigation system which will supply water for the said land, which may be conditioned on not to exceed twenty (20) annual payments with interest at six percent (6%) per annum;
   4. Delinquent payments shall bear interest at the rate of eight percent (8%) per annum until paid.
2. Moneys received for the sale of land, and the interest thereon, shall be placed in the proper permanent land fund account in accordance with the purpose for which the land was granted to the state. Moneys received from the sale of water right contracts and the interest thereon shall be turned in to the state treasury to the credit of the general fund.

History. Laws 1909, ch. 63, § 2; C.S. 1910, § 695; C.S. 1920, § 808; R.S. 1931, § 91-740; C.S. 1945, § 24-438; W.S. 1957, § 36-122; Laws 1973, ch. 245, § 3; 1974, ch. 16, § 2.

Cross references. —

As to legal rate of interest, see § 40-14-106(e).

§ 36-7-510. Filing of reports for future use.

The board of land commissioners shall from time to time secure reports from the state engineer or his deputies or assistants or from other qualified persons covering the lands for which it is proposed to secure water rights and lands for which applications to purchase have been filed, and shall file same until it shall seem to the advantage of the state to secure water rights for the said land or to offer same for sale.

History. Laws 1909, ch. 63, § 3; C.S. 1910, § 696; C.S. 1920, § 809; R.S. 1931, § 91-741; C.S. 1945, § 24-439; W.S. 1957, § 36-123.

Repealing clauses. —

Laws 1909, ch. 63, § 4, repealed all laws and parts of laws in conflict therewith.

§§ 36-8-101 and 36-8-102. [Repealed.]

Repealed by Laws 1982, ch. 75, § 5.

Cross references. —

As to property destruction and defacement, see § 6-3-201 et seq.

Editor's notes. —

These sections, which derived from Laws 1937, ch. 103, § 7 and Laws 1957, ch. 118, § 1, prohibited damage to property and littering, respectively.

§ 36-8-103. Removal of plants or structures prohibited; exception.

No unauthorized person shall, in any manner, remove any tree, shrub, plant, flower, or other attraction of nature within a state park, campground, recreational ground, historical landmark or historical site, nor shall any person disturb any structure therein except with the written permission of the state agency having jurisdiction of the area.

History. Laws 1957, ch. 118, § 2; W.S. 1957, § 36-126; Laws 1963, ch. 117, § 3; 1982, ch. 75, § 2.

§ 36-8-104. Use of firearms, fireworks, explosives and weapons prohibited; exceptions.

1. The use of firearms, fireworks, explosives and weapons of all kinds is prohibited in all state parks, campgrounds, recreational grounds, historic landmarks or historic sites providing, however, that:
   1. Firearms and weapons that otherwise comply with state law may be used at such times and in such places as the Wyoming game and fish commission may designate; and
   2. A supervised public fireworks display may be held in a state park that is not subject to an open fire ban if the fireworks operator has obtained both a special use permit from the superintendent of the park, pursuant to department rules and regulations, and a permit for the display pursuant to W.S. 35-10-203 .

History. Laws 1957, ch. 118, § 3; W.S. 1957, § 36-127; Laws 1963, ch. 117, § 4; 2004, ch. 19, § 1.

The 2004 amendment, effective July 1, 2004, added (a)(ii), redesignating the existing provisions as (a) and (a)(i) and making related changes.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 36-8-105. Penalty for violating W.S. 36-8-103 through 36-8-105.

Any person violating the provisions of this law shall be guilty of a misdemeanor and upon the conviction thereof shall be fined not more than one hundred dollars ($100.00). Each and every county and state law enforcement officer, game wardens, deputy game wardens of the Wyoming game and fish commission and the director of the department of state parks and cultural resources shall enforce the provisions of this act.

History. Laws 1957, ch. 118, § 4; W.S. 1957, § 36-128; Laws 1990, ch. 44, § 2; 1999, ch. 69, § 2.

§ 36-8-106. Supervision of museums; legends and historical information.

1. Unless otherwise provided by law, the department of state parks and cultural resources shall in consultation with the commission, supervise and control any and all museums which are established in the state parks, public recreational grounds, public campgrounds, historic landmarks or historic sites of Wyoming. All items, objects, furnishings and information in any such museum shall be prepared and arranged under the direction of the department of state parks and cultural resources. All museum employees shall be furnished by and be under the direction of such department. The care, maintenance and upkeep of the interior of such museum and outside maintenance of buildings and grounds shall be the responsibility of the department.
2. All legends and historical information placed on any historic landmark or historic site shall be prepared or approved by the department. The department shall also provide all historical and interpretive material to be used both on the approaches to and at historic sites and landmarks within the state.
3. Repealed by Laws 1990, ch. 44, § 3.

History. Laws 1963, ch. 117, § 9; W.S. 1957, § 36-128.1; Laws 1990, ch. 44, §§ 2, 3; 1991, ch. 29, § 3; ch. 55, § 1; 1999, ch. 69, § 2.

Cross references. —

As to establishment of parks and cultural resources commission, see § 36-4-101 .

As to county museums, see chapter 10 of title 18.

§ 36-8-107. [Repealed.]

Repealed by Laws 1990, ch. 44, § 3.

Editor's notes. —

This section, which derived from Laws 1963, ch. 117, § 10, related to transfer of appropriations, records and powers.

§ 36-8-201. Short title.

This act [§§ 36-8-201 through 36-8-238 ] shall be known and may be cited as the “Wyoming Yellowstone Park Commission Act”.

History. Laws 1955, ch. 177, § 1; C.S. 1945, § 18-2901; W.S. 1957, § 36-137.

Law reviews. —

For article, “The Administration of Law in Yellowstone National Park,” see 14 Wyo. L.J. 9 (1959).

§ 36-8-202. Definitions.

1. As used in this act [§§ 36-8-201 through 36-8-238 ], the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:
   1. The term “commission” shall mean the Wyoming Yellowstone Park commission, created by section 4 of this act [§ 36-8-203 ], or, if said commission shall be abolished, the board, body or authority succeeding to the principal functions thereof or to whom the powers given by this act to the commission shall be given by law;
   2. “Recreational area and facilities” shall mean and embrace all of the area and facilities of the commission in Yellowstone National Park constructed or acquired by lease, license, agreement or purchase, including but not limited to cabins, lodges, hotels, restaurants, commissaries, and any other revenue producing facilities in the recreational area;
   3. “Project” shall be deemed to mean collectively the acquisition or leasing of the recreational area and facilities, the acquisition or the construction of any buildings or other works, together with any incidental approaches, structures, facilities and property reasonably necessary and useful in order to provide new or improved recreational facilities in the recreational area;
   4. The term “bonds” shall mean the bonds, notes, temporary bonds, interim receipts or other obligations issued by the commission pursuant to this act;
   5. The term “revenues” shall mean all rates, rentals, admission fees, charges and other income derived from the operation of the project by the commission;
   6. The term “cost” as applied to a project shall include, without being limited to, the cost of acquisition of the project, the cost of construction, the cost of acquisition, leasing or licensing of all land, rights-in-land, property rights, easements and interests by the commission for such construction, the cost of demolishing or removing any buildings or structures on land so acquired, leased or licensed, the cost of all machinery and equipment, financing charges, interest prior to and during construction and for a reasonable period thereafter, cost of estimates and of engineering and legal expenses, plans, specifications, surveys, estimates of cost and revenues, other expenses necessary or incident to determining the feasibility or practicability of constructing and acquiring, leasing or licensing the project, administrative expense, and such other expense as may be necessary or incident to the construction and acquisition of the project, the financing of such construction and acquisition and the placing of the project in operation. Any moneys appropriated by the state for the purpose of the commission and required to be reimbursed by it shall be considered as a part of the cost of the project and shall be reimbursed to the state out of the proceeds of the bonds issued for the project.

History. Laws 1955, ch. 177, § 2; C.S. 1945, § 18-2902; W.S. 1957, § 36-138.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 36-8-203. Creation; composition; qualification; appointment; terms and removal of members; election of officers; quorum; compensation and expenses.

1. There is created an agency and instrumentality of the state to be known as the “Wyoming Yellowstone Park commission” and by that name the commission may sue and be sued and plead and be impleaded. The exercise by the commission of the powers conferred by this act [§§ 36-8-201 through 36-8-238 ] is an essential governmental function of the state. However, the performance of such governmental functions shall not be construed to relieve the commission from liability for personal injuries or property damages incurred by it through its negligence or the negligence of its servants or agents.
2. The commission shall consist of five (5) members appointed by the governor, by and with the consent of the senate. The members shall be residents of the state and qualified electors therein for a period of at least one (1) year next preceding their appointment. The successor of each member shall be appointed for a term of five (5) years, except that any person appointed to fill a vacancy shall be appointed in accordance with W.S. 28-12-101 . Members are eligible for reappointment. The governor may remove members of the commission as provided in W.S. 9-1-202 .
3. The commission shall elect one (1) of the members as chairman, another as vice-chairman and another as secretary and treasurer. Three (3) members of the commission constitute a quorum and the vote of three (3) members is necessary for any action taken by the commission. No vacancy in the membership of the commission impairs the right of a quorum to exercise all the rights and perform all the duties of the commission.
4. The members of the commission shall not receive any compensation for their services, but when actually engaged in the performance of their duties, they shall be paid a per diem for each day of actual service and be reimbursed for their travel expense at the same rate applicable to travel expenses of other state officers. All expenses incurred in carrying out the provisions of this act shall be payable solely from funds provided under the authority of this act or otherwise previously appropriated to the commission, and no liability or obligation shall be incurred by the commission beyond the extent to which monies have been provided under the authority of this act or otherwise previously appropriated.
5. Effective July 1, 1979, appointments and terms under this section shall be in accordance with W.S. 28-12-101 through 28-12-103 .

History. Laws 1955, ch. 177, § 4; C.S. 1945, § 18-2904; W.S. 1957, § 36-139; Laws 1979, ch. 17, § 2; 1987, ch. 175, § 1.

Cross references. —

For power of commission to sue and be sued, see § 36-8-205(a)(iv).

As to per diem and travel expenses for state officers, see § 9-3-102 .

§ 36-8-204. Officers, agents and employees.

The commission may select and appoint such officers, agents and employees as it may deem proper. All such officers, agents and employees shall have such powers and duties, shall hold office for such term and be subject to removal in such manner, and shall receive such compensation as the commission shall prescribe and determine.

History. Laws 1955, ch. 177, § 5; C.S. 1945, § 18-2905; W.S. 1957, § 36-140.

§ 36-8-205. General powers.

1. The commission is hereby authorized and empowered:
   1. To adopt bylaws for the regulation of its affairs and the conduct of its business;
   2. To adopt an official seal and alter the same at pleasure;
   3. To maintain a principal office and suboffice at such place or places within the state as it may designate;
   4. To sue and be sued in its own name, plead and be impleaded;
   5. To acquire, lease, license, construct, improve, extend, reconstruct, maintain, repair and operate the project (as herein defined);
   6. To borrow money, make and issue negotiable notes, bonds, refunding bonds, and other evidences of indebtedness or obligations (herein called “bonds”) of the commission for any of its authorized purposes, and to secure the payment of such bonds, or any part thereof, by pledge of all or any of its revenues, and to make such agreements with the purchasers or holders of such bonds, or with others in connection with any such bonds, whether issued or to be issued, as the commission shall deem advisable, and in general, to provide for the security for said bonds and the rights of the holders thereof;
   7. To fix, alter, charge and collect rates, rentals, admission fees and other charges for the use of the recreational area and facilities of the project and the services rendered in connection therewith at reasonable and uniform rates, to be determined exclusively by it, for the purpose of providing for the payment of the expenses of the commission, the acquisition, leasing, licensing, construction, improvement, extension, reconstruction, maintenance, repair and operation of the project, the payment of the principal of and interest on its bonds, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any of its bonds;
   8. To acquire, purchase, hold, use, lease, license, sell, transfer and dispose of any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purpose of the commission;
   9. To make and enter into all contracts and agreements necessary or incident to the performance of its duties and the execution of its powers and duties under this act [§§ 36-8-201 through 36-8-238 ], including contracts, agreements or leases with the United States of America, or any officer or agency thereof, relating to the operation of the commission within the area of Yellowstone National Park and containing such terms and conditions as the commission may deem necessary or desirable, and to employ such management consultants, consulting engineers, attorneys, accountants, construction, appraisal and financial experts, and such other experts, employees and agents as may be necessary in its judgment, and, subject to the provisions of this act, to fix their compensation;
   10. To accept gifts, grants, loans, contributions or subsidies from the United States of America, the state, or any agency or instrumentality of either of them, or any individual, person, firm or corporation, and to expend the proceeds thereof for any purpose of the commission; and
   11. To do all things necessary or convenient to carry out the powers expressly granted in this act.

History. Laws 1955, ch. 177, § 6; C.S. 1945, § 18-2906; W.S. 1957, § 36-141.

Cross references. —

As to creation of commission as agency empowered to sue and be sued, see § 36-8-203(a).

As to moneys deemed to be held in trust, see § 36-8-236 .

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

§ 36-8-206. Exercise of powers.

The exercise of the powers granted by this act [§§ 36-8-201 through 36-8-238 ] will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of the project by the commission will constitute the performance of essential governmental functions the commission shall not be required to pay any taxes or assessments upon any project or any property acquired or used by the commission under the provision of this act or upon the income therefrom, and the bonds issued under the provisions of this act, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the state.

History. Laws 1955, ch. 177, § 11; C.S. 1945, § 18-2911; W.S. 1957, § 36-142.

§ 36-8-207. Authority to maintain and operate program.

In order to maintain and operate a recreational area and facilities program in Yellowstone National Park, the Wyoming Yellowstone Park commission (hereinbefore created) is hereby authorized and empowered to acquire, lease, license, improve, extend, reconstruct, maintain, repair and operate said project (as herein defined), and to issue revenue bonds of the commission payable solely from revenues and funds of the commission, to pay the cost of the project.

History. Laws 1955, ch. 177, § 3; C.S. 1945, § 18-2903; W.S. 1957, § 36-143.

§ 36-8-208. Consent of legislature necessary to execute contract.

Provided, however, that before the commission shall execute any contract for the purchase or make any payment for the acquisition of Yellowstone Park recreational areas and facilities, the consent of the Wyoming state legislature shall be first obtained by statute to be hereafter enacted, amending and reenacting this act [§§ 36-8-201 through 36-8-238 ].

History. Laws 1955, ch. 177, § 21; C.S. 1945, § 18-2921; W.S. 1957, § 36-144.

§ 36-8-209. Revolving account.

There is hereby appropriated and credited to a special revolving account to be set up in the state treasury, to be known as the “Wyoming Yellowstone Park commission revolving account”, the sum of fifty thousand dollars ($50,000.00). Moneys shall be released from said account to the commission for the purpose of studying the feasibility of acquiring and leasing the project and the retaining of necessary consulting engineers, financial consultants, attorneys, appraisers, and other services deemed necessary to complete the study of the project and to determine its feasibility from an economic and financial standpoint. Any sums so advanced out of said revolving account for such purposes shall be repaid to said account without interest to the extent of such advance upon the sale of bonds for the project and the amount of any advances from said account shall be included as a part of the cost of the project.

History. Laws 1955, ch. 177, § 20; C.S. 1945, § 18-2920; W.S. 1957, § 36-145; Laws 2005, ch. 231, § 1.

The 2005 amendment, effective July 1, 2005, substituted “account” for “fund” throughout.

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§ 36-8-210. [Repealed.]

Repealed by Laws 1999, ch. 149, § 1.

Editor's notes. —

This section, which derived from Laws 1955, ch. 177, § 22, provided for a legislative committee to study potential contracts and purchases for the acquisition of Yellowstone Park recreational areas and facilities.

§ 36-8-211. Construction of provisions.

This act [§§ 36-8-201 through 36-8-238 ], being necessary for the welfare of the state and its habitants, shall be liberally construed to effect the purposes thereof.

History. Laws 1955, ch. 177, § 17; C.S. 1945, § 18-2917; W.S. 1957, § 36-147.

Severability. —

Laws 1955, ch. 177, § 18, reads: “The provisions of this act are severable, and if any provision or provisions hereof or of the application thereof to any person or circumstance shall be held to be invalid, such invalidity shall not affect the remaining provisions of this act.”

Repealing clauses. —

Laws 1955, ch. 177, § 19, repealed all acts or parts of acts inconsistent with that act.

§ 36-8-230. Authority to issue; terms.

1. The commission shall be empowered and is hereby authorized from time to time to issue its negotiable bonds for any of its public purposes, including the payment of the cost of the project and incidental expenses in connection therewith, and to secure the payment of the same by a lien or pledge covering all or part of its contracts or revenues. The commission shall have power from time to time whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any of its additional public purposes. The bonds shall be authorized by resolution of the commission and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates payable at such times as may be determined by the commission, and may be made redeemable before maturity, at the option of the commission, at such price or prices and under such terms and conditions as may be fixed by the commission prior to the issuance of the bonds. The commission shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and place or places of payment of principal and interest, which may be at any bank or trust company within or without the state. The bonds shall be signed by the chairman or vice-chairman of the commission or by their facsimile signature, and the official seal of the commission shall be affixed thereto or reproduced thereon and attested by the secretary and treasurer of the commission, and any coupons attached thereto shall bear the facsimile signature of the chairman or vice-chairman of the commission. In case any officer whose signature or facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. All bonds issued under the provisions of this act [§§ 36-8-201 through 36-8-238 ] shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the negotiable instruments law of the state. The bonds may be issued in coupon or in registered form, or both, as the commission may determine, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. The commission may sell such bonds in such manner and for such price as it may determine to be for the best interests of the commission.
2. Prior to the preparation of definitive bonds, the commission may under like restrictions, issue interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The commission may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost.
3. Any resolution or resolutions authorizing any bonds or any issue of bonds may contain provisions, which shall be a part of the contract with the holders of the bonds thereby authorized, as to:
   1. Pledging all or any part of the moneys, earnings, income and revenues derived from the project of the commission to secure the payment of the bonds or of any issue of the bonds subject to such agreements with bondholders as may then exist;
   2. The rates, rentals, admission fees and other charges to be fixed and collected and the amounts to be raised in each year thereby, and the use and disposition of the earnings and other revenues;
   3. The setting aside of reserves and the creation of sinking funds and the regulation and disposition thereof;
   4. Limitations on the right of the commission to restrict and regulate the use of the project;
   5. Limitations in the purposes to which and the manner in which the proceeds of sale of any issue of bonds may be applied;
   6. Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured; the refunding of outstanding or other bonds;
   7. The procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given;
   8. The creation of special funds into which any earnings or revenues of the commission may be deposited;
   9. The terms and provisions of any trust indenture securing the bonds or under which bonds may be issued;
   10. Vesting in a trustee or trustees such properties, rights, powers and duties in trust as the commission may determine;
   11. Defining the acts or omissions to act which shall constitute a default in the obligations and duties of the commission to the bondholders and providing the rights and remedies of the bondholders in the event of such default, including as a matter of right the appointment of a receiver, provided, however, that such rights and remedies shall not be inconsistent with the general laws of this state and other provisions of this act;
   12. Limitations on the power of the commission to sell or otherwise dispose of the project, or any part thereof;
   13. Any other matters, of like or different character which in any way affect the security or protection of the bonds;
   14. Limitations on the amount of moneys derived from the project to be expended for operating, administrative or other expenses of the commission;
   15. The protection and enforcement of the rights and remedies of the bondholders;
   16. The obligations of the commission in relation to the acquisition, leasing, licensing, construction, maintenance, operation, repairs and insurance of the project, the safeguarding and application, of all moneys and as to the requirements for the supervision, managements, and approval of consulting engineers and others in connection with construction, reconstruction and operation;
   17. The payment of the proceeds of bonds and revenues of the project to a trustee or other depository, and for the method of disbursement thereof with such safeguards and restrictions as the commission may determine.
4. It is the intention of the legislature that any pledge of earnings, revenues or other moneys made by the commission shall be valid and binding from the time when the pledge is made; that the earnings, revenues or other moneys so pledged and thereafter received by the commission shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and that the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the commission irrespective of whether such parties have notice thereof. Neither the resolution nor any other instrument by which a pledge is created need be recorded.
5. Neither the members of the commission nor any person executing the bonds or other obligations shall be liable personally on the bonds or other obligations or be subject to any personal liability or accountability by reason of the issuance thereof.
6. Notwithstanding any other provision of this act, any resolution or resolutions authorizing bonds of the commission shall contain a covenant by the commission that it will at all times maintain rates, admission fees, rentals, and other charges sufficient to pay the cost of operation and maintenance of the project, the principal of and interest on any bonds issued pursuant to such resolution or resolutions as the same severally become due and payable, and to maintain any reserves or other funds required by the terms of such resolution or resolutions.

History. Laws 1955, ch. 177, § 7; C.S. 1945, § 18-2907; W.S. 1957, § 36-148.

Cross references. —

As to authority of commission to issue revenue bonds to pay cost of project, see § 36-8-207 .

§ 36-8-231. Trust agreements generally.

In the discretion of the commission any bonds issued under the provisions of this act [§§ 36-8-201 through 36-8-238 ] may be secured by a trust agreement by and between the commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Any such trust agreement may pledge or assign the revenues to be received, but shall not convey or mortgage the project or any part thereof. Any such trust agreement or any resolution providing for the issuance of such bonds may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the commission in relation to the acquisition, leasing or licensing of property and the construction, improvement, maintenance, repair, operation and insurance of the project, the rates, admission fees, charges and rentals to be charged, and the custody, safeguarding and application of all moneys, and provision for the employment of managers, and consulting engineers in connection with the construction or operation of the project. It shall be lawful for any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the commission. Any such trust agreement may set forth the rights and remedies of the bondholders and of trusts, and may restrict the individual right of action of bondholders as is customary in trust agreements or trust indentures securing bonds or debentures of corporations. In addition to the foregoing, any such trust agreement may contain such other provisions as the commission may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such trust agreement may be treated as a part of the cost of the operation of the project.

History. Laws 1955, ch. 177, § 8; C.S. 1945, § 18-2908; W.S. 1957, § 36-149.

§ 36-8-232. Rights of bondholders and trustees.

Any holder of bonds issued under the provisions of this act [§§ 36-8-201 through 36-8-238 ] or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein given may be restricted by such trust agreement or the resolution authorizing the issuance of such bonds, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the state or granted hereunder or under such trust agreement or the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by this act or by such trust agreement or resolution to be performed by the commission or by any officer thereof, including the fixing, charging and collecting of rates, admission fees, rentals or other charges.

History. Laws 1955, ch. 177, § 9; C.S. 1945, § 18-2909; W.S. 1957, § 36-150.

§ 36-8-233. Bonds and expenses not to be indebtedness of state or political subdivisions.

1. The bonds issued under the provisions of this act [§§ 36-8-201 through 36-8-238 ] shall not be deemed to constitute a debt of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any such political subdivision, but such bonds shall be payable solely from the funds pledged for their payment as authorized herein, unless such bonds are redeemed from the proceeds of the sale of refunding bonds or cancelled by refunding bonds issued in lieu thereof, issued under the provisions of this act, which refunding bonds shall be payable solely from funds pledged for their payment as authorized herein. All such revenue bonds shall contain on the face thereof a statement to the effect that neither the state nor the commission shall be obligated to pay the same or the interest thereon except from the revenues and funds of the commission, and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof is pledged or may be pledged, to the payment of the principal of or interest on such bonds.
2. All expenses incurred in carrying out the provisions of this act shall be payable solely from funds provided under the authority of this act, and nothing in this act contained shall be construed to authorize the commission to incur indebtedness or liability on behalf of or payable by the state or any political subdivision thereof.

History. Laws 1955, ch. 177, § 10; C.S. 1945, § 18-2910; W.S. 1957, § 36-151.

§ 36-8-234. Bonds deemed legal investments and deposits.

Bonds issued by the commission under the provisions of this act [§§ 36-8-201 through 36-8-238 ] are hereby made securities in which the state and all public officers, municipal corporations, political subdivisions and public bodies, all banks, bankers, trust companies, trust and loan associations, investment companies and others carrying on a banking business, all insurance companies and insurance associations and others carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries may properly and legally invest any funds, including capital belonging to them or within their control. The bonds are also hereby made securities which may be deposited with and may be received by all public officers and bodies of this state and all municipalities and political subdivisions for any purpose for which the deposit of bonds or other obligations is now or may hereafter be authorized.

History. Laws 1955, ch. 177, § 12; C.S. 1945, § 18-2912; W.S. 1957, § 36-152.

§ 36-8-235. Pledge by state to bondholders.

The state of Wyoming does pledge to and agrees with the holders of the bonds issued pursuant to this act [§§ 36-8-201 through 36-8-238 ] that the state will not limit or alter the rights herein vested in the commission to acquire, lease, license, construct, improve, extend, reconstruct, maintain, repair and operate the project, to establish and collect the revenues, rates, rentals, admission fees and other charges referred to in this act and to fulfill the terms of any agreements made with the holders of the bonds, or in any way impair the rights and remedies of such bondholders, until the bonds together with interest thereon, interests on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of the bondholders are fully met and discharged.

History. Laws 1955, ch. 177, § 13; C.S. 1945, § 18-2913; W.S. 1957, § 36-153.

§ 36-8-236. Moneys deemed trust funds.

All moneys received pursuant to the authority of this act [§§ 36-8-201 through 36-8-238 ], whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds, to be held and applied solely as provided in this act. The resolution authorizing the bonds of any issue or the trust agreement securing such bonds shall provide that any officer to whom, or any bank or trust company to which, such moneys shall be paid shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this act and such resolution or trust agreement may provide.

History. Laws 1955, ch. 177, § 14; C.S. 1945, § 18-2914; W.S. 1957, § 36-154.

§ 36-8-237. Statutory authority for issuance of bonds and fixing of charges.

1. This act [§§ 36-8-201 through 36-8-238 ] without reference to other statutes of the state of Wyoming shall constitute full authority for the authorization and issuance of bonds hereunder, and no other act or law with regard to the authorization or issuance of bonds or other obligations or the deposit of the proceeds thereof, or in any way impeding or restricting the carrying out of the acts herein authorized to be done shall be construed as applying to any proceedings hereunder or acts done pursuant hereto, and the bonds may be issued under the provisions of this act without obtaining the consent of any department, division, commission, board, bureau, agency or officer of the state.
2. This act without reference to other statutes of the state of Wyoming shall constitute full authority for the fixing, altering, charging and collection by the commission of rates, fees, rentals and other charges for the use of the recreational areas and facilities of the project and the services rendered in connection therewith at reasonable and uniform rates, to be determined exclusively by the commission, and the commission shall have power and authority to fix, alter, charge and collect such rates, fees, rentals and other charges without obtaining the consent or approval of any department, division, commission, board, bureau, agency or officer of the state.

History. Laws 1955, ch. 177, § 15; C.S. 1945, § 18-2915; W.S. 1957, § 36-155.

§ 36-8-238. Existing statutory powers.

The foregoing sections of this act [§§ 36-8-201 through 36-8-237 ] shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any power now existing except as in this act [§§ 36-8-201 through 36-8-238 ] specifically provided; provided, however, that the issuance of revenue bonds or revenue refunding bonds under the provisions of this act need not comply with the requirements of any other law applicable to the issuance of bonds.

History. Laws 1955, ch. 177, § 16; C.S. 1945, § 18-2916; W.S. 1957, § 36-156.

§ 36-8-301. Acceptance of Big Horn Hot Springs.

The state of Wyoming hereby accepts the lands granted by the act of congress of 1897 ceding to the state one (1) square mile in the northeast portion of the Shoshone Indian Reservation upon which is located the Big Horn Hot Springs and assents to all of the provisions of said act ceding the same.

History. Laws 1897, ch. 48, § 1; R.S. 1899, § 2663; C.S. 1910, § 590; C.S. 1920, § 681; R.S. 1931, § 108-1501; C.S. 1945, § 19-701; W.S. 1957, § 36-157.

Cross references. —

As to administration of park, see § 36-4-122 .

§ 36-8-302. Name of park.

From and after the passage of this act, the land managed by the department as of July 1, 2010 in the northeast portion of the Shoshone Indian Reservation, upon which is located the Big Horn Hot Springs, is hereby declared to be and shall hereafter be known as the “Hot Springs State Park”. The department shall by rule specify the legal description of the state park.

History. Laws 1921, ch. 125, § 5; 1929, ch. 35, § 1; R.S. 1931, § 108-1505; C.S. 1945, § 19-712; W.S. 1957, § 36-158; 2010, ch. 11, § 2.

The 2010 amendment, effective July 1, 2010, substituted “managed by the department as of July 1, 2010” for “which was granted to the state of Wyoming by act of congress of 1897, which ceded to the state of Wyoming, one (1) square mile of land” and added the last sentence.

Editor's notes. —

Laws 1929, ch. 35, § 3, makes the act effective from and after passage. Approved February 11, 1929.

§ 36-8-303. Disposition of monies received.

Except as otherwise provided in this section, any and all monies which may be received for rentals of said lands or waters, or any portion thereof, or for the use of said water in any form or any portion thereof, and all money in any way derived from said state lands shall be paid into the state treasury as other monies belonging to the state and shall be credited by the state treasurer to the general fund. Funds received pursuant to W.S. 36-4-110 from state outdoor recreation areas or facilities on such lands shall be deposited and expended in accordance with W.S. 36-4-121(h).

History. Laws 1899, ch. 39, § 4; R.S. 1899, § 703; C.S. 1910, § 594; Laws 1915, ch. 129, § 3; C.S. 1920, § 685; R.S. 1931, § 108-1510; C.S. 1945, § 19-704; W.S. 1957, § 36-159; Laws 1973, ch. 245, § 3; 2005, ch. 97, § 1.

The 2005 amendment, added the exception, added the last sentence, and made a stylistic change.

Laws 2005, ch. 97, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2005.

§ 36-8-304. Public baths and public campgrounds.

The department of state parks and cultural resources shall retain one-fourth (1/4) of the water in the main or largest principal spring on the state land on the eastern bank of the Big Horn River with sufficient quantity of the land adjacent thereto, upon which suitable bathhouses may be constructed, which shall be open, with preference of use given free to persons who are indigent and suffering from ailments for which bathing in the waters of the Big Horn Hot Springs will afford relief. The department may make necessary rules and regulations governing free baths, the manner and time of bathing, and may require medical examination of applicants for baths. The bathhouse shall remain open not less than ten (10) hours a day each weekday and not less than six (6) hours on Sundays and holidays. The rules shall meet the minimum requirements of rules adopted by the department of agriculture governing public pools and spas. The department, in consultation with the commission, may set apart a suitable location and portion of the lands for public camping purposes but may contract for operation of any campgrounds by competitive sealed bid. Should the department, in consultation with the commission, operate any campground within Hot Springs State Park, the charges per night shall not be less than one-half (1/2) of the average charges imposed by private campground operators within a five (5) mile radius of the Hot Springs State Park. The balance of the water and lands may be leased by the department, in consultation with the commission, for a term not less than five (5) years nor longer than ninety-nine (99) years. The length of the term of each individual lease shall be determined by the department, in consultation with the commission, in accordance with the value of the improvements proposed and actually placed upon the leasehold. The department may by rule provide for special use permits for limited purposes. The department may make rules and regulations with respect to the erection of buildings and improvements upon the individual leaseholds and may prescribe the plans and specifications of, and the materials to be used in the buildings to be erected. The department, in consultation with the commission, in any lease may provide for such plans and buildings and such use thereof as will best carry out the purposes of this chapter in retaining the lands and waters thereon for the treatment and cure of diseases and the pleasure of the general public. The department, in consultation with the commission, may conduct through pipes or otherwise any portion of the waters of the hot springs reserved for free use under this section and to provide baths and bathhouses for the use of the water at such rental or rates as it prescribes.

History. Laws 1899, ch. 39, § 3; R.S. 1899, § 702; C.S. 1910, § 593; Laws 1915, ch. 129, § 2; C.S. 1920, § 684; Laws 1929, ch. 112, § 1; R.S. 1931, § 108-1508; C.S. 1945, § 19-703; W.S. 1957, § 36-160; Laws 1982, ch. 48, § 2; 1985, ch. 112, § 1; 1990, ch. 44, § 2; 1999, ch. 69, § 2; 2003, ch. 101, § 2.

Meaning of “commission.” —

The word “commission,” referred to throughout this section, apparently means the Wyoming parks and cultural resources commission.

Appropriations. —

Laws 2009, ch. 203, § 1, appropriates one hundred thousand dollars ($100,000.00) from the budget reserve account to the state loan and investment board to be expended as provided in the act.

State could be held liable for its operation of state park. —

Where plaintiff park patron alleged state employees were negligent in approving the design and construction of the fountain in steam room in a state park, defendant State of Wyoming was not immune from suit because its activities fell within the statutory waiver of immunity for operation and maintenance of a public park. Wyo. Stat. Ann. § 1-39-106 and this section clearly provide that overseeing building construction on leased property and delivery of hot mineral water to lessees are parts of the State's operation of Hot Springs State Park. Weber v. State, 2011 WY 127, 261 P.3d 225, 2011 Wyo. LEXIS 132 (Wyo. 2011).

Cited in

Fugle v. Sublette Cnty. Sch. Dist. #9, 2015 WY 98, 2015 Wyo. LEXIS 113 (July 31, 2015).

§ 36-8-305. Adjudication of water right for flow of Big Horn Hot Springs.

The legislature of Wyoming, by enacting W.S. 36-8-304 , appropriated and set aside for the state of Wyoming, board of charities and reform, the total flow of the Big Horn Hot Springs at Thermopolis, Wyoming, which was estimated to have been thirteen and one-tenth (13.1) cubic feet per second in 1896. That legislation was intended to be and is hereby declared to have been an application for a permit to appropriate in behalf of the board of charities and reform the total flow of Big Horn Hot Springs at Thermopolis, Wyoming, in compliance with W.S. 41-4-501 through 41-4-506 and 41-4-517 . The bathing, medicinal, irrigation uses, and the maintenance of flow of water over the terrace between the springs and the Big Horn River are all beneficial uses and are hereby declared to be beneficial uses. The state board of control is directed to adjudicate a water right in favor of the board of charities and reform, its successors and assignees, for the flow of the Big Horn Hot Springs at Thermopolis, Wyoming, with a priority date of February 17, 1899. The actual flow for adjudicated purposes shall be determined by the state board of control by established procedure. The department of state parks and cultural resources is designated as successor to the state board of charities and reform and the recreation commission under this section.

History. Laws 1969, ch. 101, § 1; W.S. 1957, § 36-106.1; Laws 1982, ch. 48, § 2; 1990, ch. 44, § 2; 1999, ch. 69, § 2; 2011, ch. 129, § 201.

Cross references. —

As to water rights generally, see chapter 3 of title 41.

The 2011 amendment, effective July 1, 2011, deleted the former sixth sentence, which read: “Effective April 1, 1990, the department of commerce is designated as successor to the state board of charities and reform and the recreation commission under this section,” deleted “Effective July 1, 1999” at the beginning of the last sentence, and “and the department of commerce” following “commission”; and made related changes.

§ 36-8-306. Transfer of lands to United States.

Whenever in the judgment of the department, in consultation with the commission, the interest of the state will be advanced by granting, conveying or deeding to the United States of America any tract or tracts of land within the Hot Springs State Park not otherwise disposed of, as may be fit and proper or desirable by the United States government, for the construction and maintenance of a veterans soldiers’ hospital, sanitarium and recreation grounds, together with the free use of the mineral hot waters of the springs of the Hot Springs State Park, for the use of the United States of America in conducting the same, the department, in consultation with the commission, shall notify the board of land commissioners and the board may grant, convey and deed to the United States of America the designated lands. The president of the board of land commissioners and director are hereby authorized to make, execute and deliver all necessary instruments to complete such grants or conveyances.

History. Laws 1931, ch. 9, § 1; R.S. 1931, § 108-1515; C.S. 1945, § 19-715; W.S. 1957, § 36-161; Laws 1982, ch. 48, § 2; 1990, ch. 44, § 2; 1992, ch. 55, § 3.

Meaning of “commission.” —

See note under same catchline at § 36-8-304 .

Meaning of “department.” —

The word “department,” referred to twice in the first sentence, apparently means the department of state parks and cultural resources.

§ 36-8-307. Control of use of lands; transfer of control to the Wyoming department of state parks and cultural resources.

1. The lands granted by the act of congress approved on the seventh day of June, A.D. 1897, ceding to the state of Wyoming certain lands in the northeastern portion of the Shoshone Indian Reservation upon which are located the Big Horn Hot Springs, are placed under control of the state board of charities and reform or its successor and are forever set aside for the treatment and care of diseases and for sanitary and charitable purposes.
2. As provided by W.S. 36-4-122 the department of state parks and cultural resources is designated as successor to the state board of charities and reform and recreation commission under this article effective July 1, 1999.

History. Laws 1899, ch. 39, § 1; R.S. 1899, § 700; C.S. 1910, § 591; C.S. 1920, § 682; R.S. 1931, § 108-1502; C.S. 1945, § 19-702; W.S. 1957, § 36-162; Laws 1982, ch. 48, § 2; 1990, ch. 44, § 2; 1999, ch. 69, § 2.

§ 36-8-308. Inspection for health purposes.

The department, in consultation with the commission, may call upon the state department of health to inspect, examine and report fully upon the condition of any and all hotels, sanitariums and buildings, and all places and localities within the limits of the Big Horn Hot Springs state park and to enforce the health laws of the state and the applicable rules and regulations of the department. The department may call upon the state department of agriculture to inspect, examine and report fully upon the condition of any and all bathhouses within the limits of the Big Horn Hot Springs state park and to enforce the health laws of the state and the applicable rules and regulations.

History. Laws 1909, ch. 89, § 4; C.S. 1910, § 599; C.S. 1920, § 690; R.S. 1931, § 108-1503; C.S. 1945, § 19-708; W.S. 1957, § 36-163; Laws 1982, ch. 48, § 2; 1990, ch. 44, § 2; 1991, ch. 221, § 2; 2003, ch. 101, § 2.

Cross references. —

As to water quality, see § 35-11-301 et seq.

For present provisions pertaining to bathhouses, see § 35-28-101 et seq.

Meaning of “commission.” —

See note under same catchline at § 36-8-304 .

Meaning of “department.” —

The word “department,” referred to twice in this section, apparently means the department of state parks and cultural resources.

§ 36-8-309. Rules and regulations; adoption, penalty for violation and cancellation of leases.

The department of state parks and cultural resources has full power, control and supervision over the Big Horn Hot Springs State Park, located in Hot Springs county, and all property thereon. The department may adopt rules and regulations for the government of the state park for the conservation of peace and good order within the park, and for the preservation of the property of the state therein, and of the property and people situated and residing or being therein, and to promote the well being of the people, and to declare what constitutes a nuisance within the state park. Any person who violates any rule or regulation adopted and published by the department is guilty of a misdemeanor and shall be fined not less than five dollars ($5.00) and not more than one hundred dollars ($100.00) or imprisoned for not more than six (6) months or both. Any offender convicted under this act may be permitted, in lieu of cash payment of a fine thus imposed, to work out the fine within the state park, at the rate of five dollars ($5.00) an hour until the amount of the fine is satisfied. Any circuit judge in the fifth judicial district has jurisdiction of all offenses under this article. A defendant convicted under this article has a right to appeal to the district court as provided for appeals from convictions in circuit courts and municipal courts. If any lessee of the state or of the department shall refuse to comply with the order, direction, rule or regulation of the department, or to obey any law of the state defining and punishing nuisances the department may immediately cancel the lease.

History. Laws 1909, ch. 89, § 3; C.S. 1910, § 598; C.S. 1920, § 689; Laws 1921, ch. 125, § 2; R.S. 1931, § 108-1512; C.S. 1945, § 19-707; W.S. 1957, § 36-164; Laws 1982, ch. 48, § 2; 1990, ch. 44, § 2; 1999, ch. 69, § 2; 2000, ch. 24, § 4; 2004, ch. 42, § 1.

The 2004 amendment, in the fifth sentence, deleted “justice of the peace or” following “Any,” and substituted “the fifth judicial district” for “Hot Springs county,” and in the next-to-last sentence “circuit” for “justice of the peace.”

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

§ 36-8-310. Rules and regulations; publication and distribution.

All rules and regulations adopted by the department of state parks and cultural resources for the government of the Big Horn Hot Springs State Park shall be published in pamphlet form and distributed to all officers and persons by law entitled to receive them, and to all lessees upon the state park.

History. Laws 1921, ch. 125, § 6; R.S. 1931, § 108-1504; C.S. 1945, § 19-713; W.S. 1957, § 36-165; Laws 1982, ch. 48, § 2; 1990, ch. 44, § 2; 1999, ch. 69, § 2.

§ 36-8-311. Superintendent.

The department of state parks and cultural resources may employ a superintendent of the Big Horn Hot Springs State Park who shall have charge of all the state property at that park under the direction of the department.

History. Laws 1899, ch. 39, § 7; R.S. 1899, § 706; C.S. 1910, § 597; Laws 1915, ch. 129, § 4; C.S. 1920, § 688; Laws 1921, ch. 125, § 1; R.S. 1931, § 108-1506; C.S. 1945, § 19-706; W.S. 1957, § 36-166; Laws 1982, ch. 48, § 2; 1990, ch. 44, § 2; 1993, ch. 69, § 1; 1999, ch. 69, § 2.

§ 36-8-312. [Repealed.]

Repealed by Laws 1993, ch. 69, § 2.

Cross references. —

As to deputy sheriffs, see § 18-3-602 .

Editor's Notes. —

This section, which derived from Laws 1921, ch. 125, § 3, related to the appointment of deputies.

§ 36-8-313. Attendant for free bathhouse.

The department may employ an attendant at the free bathhouse of the Big Horn Hot Springs whose duties shall be specified by the department.

History. Laws 1909, ch. 89, § 6; C.S. 1910, § 601; C.S. 1920, § 692; R.S. 1931, § 108-1509; C.S. 1945, § 19-710; W.S. 1957, § 36-168; Laws 1982, ch. 48, § 2; 1990, ch. 44, § 2.

§ 36-8-314. Gambling prohibited; sale of alcoholic beverages regulated; violations.

Gambling in any form is prohibited within the park. The sale of alcoholic liquor except for medicinal purposes shall be subject to any terms, conditions, regulations and license fees as the department in consultation with the commission may determine and prescribe in addition to any requirement for the procurement of a license prescribed by law. Any violation of the provisions of this section or any term, condition or regulation prescribed by the department shall be sufficient ground for the department to cancel the lease of any violator, who shall be subject to expulsion from the state land in addition to any penalty herein prescribed, or prescribed by the laws of Wyoming.

History. Laws 1899, ch. 39, § 6; R.S. 1899, § 705; C.S. 1910, § 596; C.S. 1920, § 687; R.S. 1931, § 108-1511; C.S. 1945, § 19-705; W.S. 1957, § 36-169; Laws 1982, ch. 48, § 2; 1990, ch. 44, § 2.

Cross references. —

As to gambling generally, see § 6-7-101 et seq.

As to alcoholic beverages generally, see title 12.

Meaning of “commission.” —

See note under same catchline at § 36-8-304 .

Meaning of “department.” —

The word “department,” referred to in this section, apparently means the department of state parks and cultural resources.

§ 36-8-315. Penalty for public health violations.

Any person who maintains a filthy, unwholesome or offensive house, hotel, bathhouse, sanitarium, dwelling, stable, privy or privy vault, drainpipe or sewer, which is a menace to the public health, or who fails to comply with any order, rule, direction or regulation of the department of state parks and cultural resources, the state department of agriculture or the state department of health is guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding seven hundred fifty dollars ($750.00) or imprisoned in the county jail for not more than six (6) months, or both.

History. Laws 1909, ch. 89, § 5; C.S. 1910, § 600; C.S. 1920, § 691; R.S. 1931, § 108-1513; C.S. 1945, § 19-709; W.S. 1957, § 36-170; Laws 1982, ch. 48, § 2; 1990, ch. 44, § 2; 1991, ch. 221, § 2; 1999, ch. 69, § 2; 2003, ch. 101, § 2.

§ 36-8-316. Liability and penalty for livestock roaming at will.

It shall be unlawful for any person, owner or custodian of any livestock to permit the same to roam at will over, upon or across any portion of the lands owned by the state in Hot Springs county and known as the Hot Springs State Reserve. Any owner, drover or other person or persons in charge of loose animals or livestock of any description who shall drive or trail the same upon, across or through any portion of said reserve, shall be liable for any and all damage resulting therefrom. Any person violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00). In addition to the foregoing penalty the owner of any such loose animals or livestock shall be liable for any damage caused on said reserve by any such animals or livestock, and the superintendent of said reserve is hereby authorized to seize and restrain at some suitable place any such animals or livestock, and the state shall have a lien thereon for the amount of any fine imposed against the owner and for all damages and costs, including the care of such loose animals or livestock, to be collected in a civil action to be brought in the name of the state in any court of competent jurisdiction. The judgment awarding foreclosure of any such lien shall direct the sale of said loose animals or livestock in the manner now provided by law for the sale of personal property upon execution.

History. Laws 1919, ch. 48, § 1; C.S. 1920, § 693; R.S. 1931, § 108-1514; C.S. 1945, § 19-714; W.S. 1957, § 36-171.

Cross references. —

As to sale of personal property upon execution, see §§ 1-17-418 and 34.1-9-501.

As to offenses concerning livestock and other animals, see chapter 30 of title 11.

§ 36-8-317. [Repealed.]

Repealed by Laws 1982, ch. 48, § 3.

Editor's notes. —

This section, which derived from Laws 1921, ch. 125, § 4, related to the erection and maintenance of a jail for offenders under this article.

§ 36-8-318. Bond issue to upgrade facilities; authority generally. [Repealed]

History. Laws 1967, ch. 139,§ 1; W.S. 1957, § 36-172.1; Laws 1982, ch. 48,§§ 2, 4; 1990, ch. 44, § 2; 1998, ch. 13, § 1; 1999, ch. 69, § 2; Repealed by Laws 2019, ch. 35, § 2.

§ 36-8-319. Bond issue to upgrade facilities; investment by state treasurer. [Repealed]

History. Laws 1967, ch. 139,§ 2; W.S. 1957, § 36-172.2; 1998, ch. 13, § 1; Repealed by Laws 2019, ch. 35, § 2.

§ 36-8-320. Bond issue to upgrade facilities; regulation of loans. [Repealed]

History. Laws 1967, ch. 139,§ 3; W.S. 1957, § 36-172.3; Laws 1969, ch. 82,§ 1; 1982, ch. 48, § 2; 1990, ch. 44, § 2; 1998, ch. 13, § 1; 1999, ch. 69, § 2; Repealed by Laws 2019, ch. 35, § 2.

§ 36-8-401. Purchase of hot springs; description of land.

The state board of charities and reform of the state of Wyoming is hereby authorized, empowered and directed to purchase, take and secure the title thereof in the name of the state of Wyoming and pay therefor, in the manner hereinafter provided, the sum of fifty thousand dollars ($50,000.00) for the lands within which the Saratoga Hot Springs are situated and located, which said lands are described as follows, to-wit: the northwest one-fourth; the north one-half of the southwest one-fourth, and the southwest one-fourth of the southwest one-fourth of section 13; the east one-half of the southwest one-fourth of section 12 and all that portion of the west one-half of the southwest one-fourth of section 12 not included in Caldwell Hot Springs addition to the town of Saratoga, Carbon county, state of Wyoming; and all of the unsold lots in said addition to-wit: lots 2 to 11, both inclusive, of block 2; blocks 3, 4, 5, 6, 7, and 8; lots 6, 8, 9 and 10 in block 9; lots 1, 3, 4, 5, and 6 in block 14; lots 3, 4, 5, 6, 7, and 8 in block 15; (being 108 lots) all in township 17 north, range 84 west of the sixth principal meridian and in said Carbon county, and subject only to the right-of-way heretofore granted to the Saratoga & Encampment Railway Company, together with all the hot medicinal and mineral springs therein contained and all improvements thereon; which said property is commonly known as the Saratoga Hot Springs and contains four hundred twenty (420) acres more or less.

History. Laws 1921, ch. 162, § 1; R.S. 1931, § 108-1601; C.S. 1945, § 19-801; W.S. 1957, § 36-173.

§ 36-8-402. Control and use of property; transfer of control to the Wyoming department of state parks and cultural resources.

1. The property described in W.S. 36-8-401 is placed under control of the state board of charities and reform or its successors and forever set aside for the treatment and care of diseases and for sanitary, charitable and such other purposes as determined by the board or its successors.
2. As provided by W.S. 36-4-122 , the department of state parks and cultural resources is designated as successor to the state board of charities and reform, Wyoming recreation commission and the department of commerce under this article effective July 1, 1999.

History. Laws 1921, ch. 162, § 4; R.S. 1931, § 108-1602; C.S. 1945, § 19-802; W.S. 1957, § 36-174; Laws 1982, ch. 48, § 2; 1990, ch. 44, § 2; 1999, ch. 69, § 2.

§ 36-8-403. Sale of lands and improvements; authority.

Notwithstanding any contrary provisions contained in W.S. 36-8-401 , 36-8-402 , or in any other provision of law, the sale of the lands and improvements known as and included in the Saratoga Hot Springs Reserve to any person, association of persons, firm or corporation, without restriction as to use or occupancy, is hereby authorized.

History. Laws 1949, ch. 98, § 1; W.S. 1957, § 36-175; 2007, ch. 215, § 1.

The 2007 amendment deleted “36-8-406 and 36-8-407,” preceding “or in any other provision.”

Laws 2007, ch. 215, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2007.

Conflicting legislation. —

Laws 2007, ch. 215, § 4, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 36-8-404. Sale of lands and improvements; conduct of sale.

Any sale of the lands and improvements referred to in W.S. 36-8-403 shall be conducted by the state board of land commissioners in the manner provided for the sale of other state lands in W.S. 36-9-101 , 36-9-102 and 36-9-104 through 36-9-120 , provided, however, that the board shall appoint three (3) qualified disinterested appraisers, not members of the board, to make an appraisal of the said properties, not more than ninety (90) days prior to the call for bids. Any sale so negotiated shall be for cash, and transfer of title shall be by quitclaim deed executed according to the rules of the state board of land commissioners.

History. Laws 1949, ch. 98, § 2; W.S. 1957, § 36-176.

§ 36-8-405. Lease of lands and improvements.

The department, in consultation with the commission, may lease the lands and improvements referred to in W.S. 36-8-403 to any person, association, firm or corporation for any lawful purpose, for any term not in excess of ninety-nine (99) years.

History. Laws 1949, ch. 98, § 3; W.S. 1957, § 36-177; Laws 1982, ch. 48, § 2; 1990, ch. 44, § 2.

Meaning of “commission.” —

See note under same catchline at § 36-8-304 .

Meaning of “department.” —

The word “department,” referred to in this section, apparently means the department of state parks and cultural resources.

§§ 36-8-406 and 36-8-407. [Repealed.]

Repealed by Laws 1990, ch. 44, § 3.

Editor's notes. —

These sections, which derived from Laws 1921, ch. 162, § 5; and Laws 1925, ch. 10, § 2; related to the depositing and crediting of monies, and the superintendent of lands.

§ 36-8-501. South Pass City state historic site.

1. Repealed by Laws 2010, ch. 11, § 3.
2. Upon approval by the governor, the department of state parks and cultural resources may purchase in the name of the state of Wyoming the following real property, unless the Carissa gold mine has created unacceptable economical environmental impacts as shown by the department of environmental quality investigation and determined by the governor, in Fremont county containing approximately 312.41 acres which are hereby declared to be part of the South Pass City state historic site:
   1. In township 29 north, range 100 west, 6th p.m., SE1/4 SE1/4 NE1/4, NE1/4 NE1/4 SE1/4 of section 20; lots 6, 7, 9, 16, 19 and 24 of section 20; W1/2 SW1/4 NW1/4 of section 21; E1/2 SW1/4 NW1/4 of section 21; and W1/4 SE1/4 NW1/4 of section 21.
3. The lands in Fremont County managed by the department as of July 1, 2010 as South Pass City are designated as the South Pass City state historic site. The department shall by rule specify the legal description of the historic site.

History. Laws 1967, ch. 86, § 10; W.S. 1957, § 36-180.10; Laws 1973, ch. 245, §§ 3, 5; 2003, ch. 193, § 1; 2009, ch. 7, § 1; 2010, ch. 11, §§ 2, 3; ch. 82, § 3.

The 2009 amendment, effective July 1, 2009, substituted “312.41” for “216.46” in the introductory language of (b); and inserted “lots 6, 7, 9, 16, 19 and 24 of section 20” in (b)(i).

The 2010 amendments. —

The first 2010 amendment, by ch 11, §§ 2, 3, effective July 1, 2010, repealed former (a) pertaining to powers of preserve; and added (c).

The second 2010 amendment, by ch 82, § 3, effective July 1, 2010, substituted “South Pass City state historic site” for “Old South Pass Historical Preserve-Wyoming” at the end of introductory language of (b).

While none of the amendments gave effect to the others, all have been set out as reconciled by the legislative service office.

Old South Pass historical preserve commission. —

The powers, duties and functions of the Old South Pass historical preserve commission have been transferred to the parks and cultural resources commission, and the Old South Pass historical preserve commission has been abolished. See §§ 36-4-101 and 36-4-119 .

There is no paragraph (b)(ii) in this section as it appears in the printed acts.

Editor's notes. —

Laws 2009, ch. 7, § 2, provides:

“(a) The department of environmental quality is authorized to submit a grant application to the United States office of surface mining for distribution of a portion of Wyoming's share of abandoned mine land funds from the Surface Mining Control and Reclamation Act Amendments of 2006, Section 411(h)(i), pursuant to 2007 H.R. 6111, for the period ending June 30, 2010, for the following project:

“(i) Forty-five thousand dollars ($45,000.00) for the remediation costs associated with the property transferred to the state of Wyoming pursuant to section 1 of this act.

“(b) Notwithstanding W.S. 35-11-1210 , grant funds received for the project authorized pursuant to subsection (a) of this section may, but are not required to be, deposited into the state abandoned mine land funds reserve account pursuant to W.S. 35-11-1210 . All funds received from the authorized grants are appropriated to the department of environmental quality in the amounts specified in subsection (a) of this section to be expended for the purposes set forth.

“(c) The legislature accepts the transfer of lands located at township 29 north, range 100 west, 6th p.m., lots 6, 7, 9, 16, 19 and 24 of section 20 from the bureau of land management to the department of state parks and cultural resources upon the completion of all acts necessary to comply with the requirements of a land patent transfer from the bureau of land management pursuant to the federal Recreational and Public Purposes Act.

“(d) The legislature accepts the transfer of lands located at township 29 north, range 100 west, 6th p.m., lots 6, 7, 9, 16, 19 and 24 of section 20 from the bureau of land management to the department of state parks and cultural resources upon the completion of all acts necessary to comply with the requirements of a land patent transfer from the bureau of land management pursuant to the federal Recreational and Public Purposes Act.”

§ 36-8-502. Corporate powers.

Except as herein limited the preserve shall have powers like a corporation as provided in the Wyoming Business Corporation Act and by law for nonprofit corporations.

History. Laws 1967, ch. 86, § 11; W.S. 1957, § 36-180.11.

Cross references. —

As to nonprofit corporations, see chapter 19 of title 17.

Old South Pass historical preserve commission. —

See note following § 36-8-501 .

Wyoming Business Corporation Act. —

See § 17-16-101 et seq.

§ 36-8-601. Declaration of Curt Gowdy state park.

1. The lands in Laramie and Albany counties managed by the department as of July 1, 2010 at Granite Reservoir, Crystal Reservoir and Upper North Crow Reservoir areas known collectively as Curt Gowdy state park are hereby declared to be a state park. The department shall by rule specify the legal description of the state park.
   1. through (v) Repealed by Laws 2010, ch. 11, § 3.
2. The state park shall be known as the Curt Gowdy state park.

History. Laws 1971, ch. 32, § 1; W.S. 1957, § 36-180.16; Laws 1973, ch. 31, § 1; 2006, ch. 3, § 1; 2010, ch. 11, §§ 2, 3.

The 2006 amendment, rewrote the section by adding the introductory language of (a); adding designations (a)(i) through (iv).

Laws 2006, ch. 3, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 8, 2006.

The 2010 amendment, effective July 1, 2010, in (a) substituted “managed by the department as of July 1, 2010 at” for “known as the,” substituted “known collectively as Curt Gowdy state park” for “described as follows,” added the last sentence; and repealed former (a)(i) through (a)(v) pertaining to statutory legal descriptions.

Appropriations. —

Laws 2009, ch. 180, § 1, provides: “There is appropriated nine hundred thousand dollars ($900,000.00) from the general fund to the department of state parks and cultural resources which shall only be used to match dollar for dollar any private donations received by the department for the construction of a visitor's center at Curt Gowdy state park. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on July 1, 2013. This appropriation shall not be included in the department's 2011-2012 standard biennial budget request.”

§ 36-8-602. Administration.

The department of state parks and cultural resources shall administer this area.

History. Laws 1971, ch. 32, § 2; W.S. 1957, § 36-180.17; Laws 1990, ch. 44, § 2; 1999, ch. 69, § 2.

§ 36-8-701. Declaration of Sinks Canyon state park; disposal of land.

1. The lands in Fremont County managed by the department as of July 1, 2010 and known as Sinks Canyon are hereby declared to be a state park. The department shall by rule specify the legal description of the state park.
2. These lands shall not be sold, leased or otherwise disposed of by any state agency without the approval of the legislature.

History. Laws 1971, ch. 4, § 1; W.S. 1957, § 36-180.18; Laws 1978, ch. 34, § 1; 2010, ch. 11, § 2.

The 2010 amendment, effective July 1, 2010, in (a) deleted “state owned” preceding “lands,” inserted “managed by the department as of July 1, 2010 and,” deleted “described as follows” following “Sinks Canyon,” deleted the statutory legal descriptions following “state park,” and added the last sentence.

§ 36-8-702. Administration.

The department of state parks and cultural resources and the Wyoming game and fish commission shall jointly administer this area.

History. Laws 1971, ch. 4, § 2; W.S. 1957, § 36-180.19; Laws 1990, ch. 44, § 2; 1999, ch. 69, § 2.

§ 36-8-801. Declaration of area as Fort Fred Steele state historic site; administration; safety facilities.

1. The lands in Carbon county managed by the department as of July 1, 2010 and known as the Fort Fred Steele area are hereby declared to be a state historic site. The department shall by rule specify the legal description of the site.
   1. through (iii) Repealed by Laws 2010, ch. 11, § 3.
2. The department of state parks and cultural resources shall administer this area providing for the best possible state historic site, and it shall be the responsibility of the department to provide all reasonable and necessary safety facilities made necessary by reason of the increased hazards resulting from the establishing of a state park adjacent to, and on both sides of, Union Pacific Railroad Company’s main line right-of-way and tracks. These safety facilities shall include, but are not limited to, such fencing of Union Pacific Railroad Company’s main line right-of-way as is reasonably necessary to prevent access by the general public to such right-of-way; some type of pedestrian walkway through the grade separation to provide pedestrian access between the south and north sides of the site; and either the closing of the Fort Steele grade crossing to the general public or the establishment at said crossing of grade crossing protection devices consisting of flasher lights and gates. The department is hereby authorized to enter into agreements with Union Pacific Railroad Company relative to the department’s providing such reasonable and necessary safety facilities. In the event the department and Union Pacific Railroad Company are unable to so agree, the public service commission of Wyoming shall determine what reasonable and necessary safety facilities shall be provided by the department at Fort Fred Steele state historic site, upon application filed with the public service commission of Wyoming by either Union Pacific Railroad Company or the department. These necessary and reasonable safety facilities shall be constructed before the opening of the Fort Fred Steele state historic site to the public.

History. Laws 1973, ch. 236, § 1; W.S. 1957, § 36-180.20; Laws 1990, ch. 44, § 2; 1999, ch. 69, § 2; 2010, ch. 11, §§ 2, 3.

The 2010 amendment, effective July 1, 2010, in (a) inserted “managed by the department as of July 1, 2010 and,” substituted “are hereby declared to be a state historic site” for “described as follows are hereby declared to be a historical state park,” and added the last sentence; repealed former (a)(i) through (a)(iii) which described statutory legal descriptions; in (b) substituted “state historic site” for “historical state park” or variants throughout, and substituted “Fort Fred Steele state” for “Fort Steele state” twice.

§ 36-8-901. [Repealed.]

Repealed by Laws 2010, ch. 11, § 3.

Editor's notes. —

The section, which derived from Laws 1982, ch. 32, § 1; 1991, ch. 241, § 3, related to reservation of lands for, and description of, Bear River recreation area.

Laws 2010, ch. 11, § 3, makes the act effective July 1, 2010.

§ 36-8-902. Designation of lands as Bear River state park; park administration and operation.

1. The lands in Uinta county managed by the department as of July 1, 2010 and known as Bear River State Park are declared to be a state park. The department shall by rule specify the legal description of the state park.
2. and (c) Repealed by Laws 2010, ch. 11, § 3.
3. The department of state parks and cultural resources shall administer and operate the state park created by this section.

History. Laws 1987, ch. 16, § 1; 1990, ch. 44, § 2; 1997, ch. 13, § 1; 1999, ch. 69, § 2; 2010, ch. 11, §§ 2, 3.

The 2010 amendment, effective July 1, 2010, rewrote (a), deleting “state-owned” preceding “lands,” substituting “managed by the department as of July 1, 2010 and known as Bear River State Park are declared to be a state park” for “described as follows are designated as the Bear River State Park,” deleting the statutory legal descriptions, and adding the last sentence; repealed former (b) and (c) pertaining to lease agreements and effective date of land commissioners transferring control of the administration and operation of the lands; in (d), deleted “is the successor agency to the department of commerce and the Wyoming recreation commission and” following “cultural resources” and “in accordance with the plan specified in W.S. 36-8-901(e) unless otherwise directed by the legislature” at the end.

Editor's notes. —

Laws 2010, ch 9 § 1, provides:

“(a) The board of land commissioners is authorized and directed to convey its right, title and interest in the following lands to the department of state parks and cultural resources:

“(i) In Township 15 North, Range 120 West, 6th P.M., Section 22: N1/2 SE1/4; SE1/4 SE1/4; that portion of S1/2 NE1/4 lying south of the Interstate 80 highway right-of-way; that portion of SW1/4 SE1/4 and E1/2 SW1/4 lying northeast of a line described as follows: beginning at a point on the south line of Section 22 which is 42.30 chains East of the Southwest corner of Section 22, then running North 21°15' West 11.20 chains to a point, and then running North 27° West 43.50 chains, more or less, to a point where the line intersects the west line of SE1/4 NW1/4 of Section 22; and that portion of SE1/4 NW1/4 lying northeast of the above described line and south of the Interstate 80 highway right-of-way; containing 280 acres, more or less.”

§ 36-8-1001. Wyoming Territorial Prison state historic site.

1. The lands in Albany County managed by the department as of July 1, 2010 and known as the Wyoming Territorial Prison are declared to be a state historic site. The department shall by rule specify the legal description of the state historic site.
   1. Repealed by Laws 2010, ch. 11, § 3.
2. The state historic site shall be known as the “Wyoming territorial prison state historic site”.
3. The board of land commissioners shall not trade, sell or otherwise dispose of the lands described in subsection (a) of this section without approval of the legislature.
4. The department of state parks and cultural resources shall prepare a plan for the operation of the Wyoming territorial prison historic site by the department as part of the department’s comprehensive plan under W.S. 36-4-106 :
   1. and (ii) Repealed by Laws 2010, ch. 11, § 3.
   2. through (vii) Repealed by Laws 2004, ch. 73, § 2.
   3. Repealed by Laws 2010, ch. 82, § 3.
5. Repealed by Laws 2004, ch. 73, § 2.
6. The department of state parks and cultural resources is authorized to enter into leasehold or concession agreements in accordance with the plan provided by subsection (d) of this section. Funds received by the department pursuant to this section shall be deposited and expended in accordance with W.S. 36-4-121(h).

History. Laws 1986, ch. 112, § 1; 1987, ch. 207, § 1; 1990, ch. 44, § 2; 1991, ch. 241, § 3; 1999, ch. 69, § 2; 2004, ch. 73, §§ 1, 2; 2005, ch. 97, § 1; 2008, ch. 44, § 1; 2010, ch. 11, §§ 2, 3; ch. 82, § 3; 2011, ch. 176, § 1.

The 2004 amendment, effective March 5, 2004, rewrote (d) through (f), generally transferring management of the Wyoming territorial state prison park and historic site from the Wyoming economic development and stabilization board to the department of state parks and cultural resources.

Laws 2004, ch. 73, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2005 amendment added the second sentence in (f).

Laws 2005, ch. 97, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2005.

The 2008 amendment, deleted the former second sentence in the introductory language of (d), which read: “The plan shall be presented to the joint travel, recreation, wildlife and cultural resources interim committee not later than September 1, 2004.”

Laws 2008, ch. 44, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, of the Wyo. Const. Approved March 5, 2008.

The 2010 amendments. —

The first amendment, by ch 11, §§ 2, 3, effective July 1, 2010, rewrote (a) and repealed former (a)(i) pertaining to statutory legal descriptions; substituted “historic” for “park and historical” twice in (b); substituted “paragraph (a)” for “paragraph (a)(i)” in (c); in the introductory language of (d), deleted “and state park” following “historic site” and “In developing the plan, the department shall” at the end; and repealed former (d)(i) and (d)(ii) pertaining to exclusion and boundary between state park and historical site.

The second amendment, by ch 82, § 3, effective July 1, 2010, repealed former (d)(viii), which read: “Cooperate with the Wyoming parks and cultural resources commission in development of the park for maximum beneficial use by citizens and tourists.”

The 2011 amendment, in (c), substituted “subsection” for “paragraph.”

Laws 2011, ch. 176 § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2011.

Editor's notes. —

There is no paragraph (a)(ii) in this section as it appears in the printed acts.

Legislative purpose. —

Laws 1986, ch. 112, § 2, provides: “The Wyoming legislature recognizes the need to maximize and expand tourism potential within the state to enhance economic development. It also recognizes the unique historical sites located within southeast Wyoming and that the Wyoming territorial prison and adjacent buildings represent one (1) of these unique sites. Further, development of the site provides the state an opportunity to commemorate the 1990 Wyoming centennial celebration. For these purposes, the Wyoming legislature establishes the Wyoming territorial prison state park and historical site.”

Laws 2004, ch. 73, § 3, provides: “It is the intent of this act to transfer management of the Wyoming territorial state prison park and historic site from the single management group to the department of state parks and cultural resources, and for complete transfer of management to be accomplished no later than April 30, 2005. The department, with the advice and approval of the attorney general, is authorized to negotiate for and terminate any and all leases or contracts currently in existence pertaining to the management of all or any portion of the state park and historic site by any entity other than the department and to take such further actions as necessary to effectuate the intent of this act. Until such time as current leases or contracts are terminated and complete management of the park and site is vested in the department under this act, the park and site may be operated by the department or a single management group as authorized under W.S. 36-8-1001 and 36-8-1002 prior to the amendment of those provisions under this act, as mutually agreed by the department and the management group. Any funds accruing to the state as a result of the termination of any contract or lease pursuant to this act shall be remitted to the state treasurer for deposit into an account within the earmarked revenue fund. The department shall submit a copy of the plan required by W.S. 36-8-1001 (d) to the joint travel, recreation, wildlife and cultural resources interim committee.”

Conflicting legislation. —

Laws 2008, ch. 44, § 3, provides: “Any other act adopted by the Wyoming legislature during the same session in which this act is adopted shall be given precedence and shall prevail over the amendments in this act to the extent that such acts are in conflict with this act.”

§ 36-8-1002. Transfer of lands; site administration; lease and contract agreements.

1. Repealed by Laws 2010, ch. 11, § 3.
2. The department of state parks and cultural resources shall administer, operate and maintain the historic site:
   1. In accordance with the plan specified under W.S. 36-8-1001(d). The department may, under lease agreement or contract management arrangement with a local public or private nonprofit entity, provide for special events at the historic site in accordance with W.S. 36-4-121(o) or management of specified areas of the park by the public or private entity;
   2. Repealed by Laws 2004, ch. 73, § 2.
3. Repealed by Laws 2010, ch. 11, § 3.
4. Notwithstanding any other provision of law, the department may impose an admissions fee in excess of fees charged for admissions to other state parks and sites, to fund necessary expenses incurred for park and site development, operations and maintenance. Notwithstanding W.S. 36-4-121(h) daily admission fees collected pursuant to this subsection shall be deposited into a separate account and may be expended by the department upon legislative appropriation.
5. Notwithstanding W.S. 35-9-121 , for the purposes of contested cases involving fire prevention or electrical safety issues, decisions by the city of Laramie are subject to review and final administrative action by the state council on fire prevention, electrical safety and energy efficiency under the Wyoming Administrative Procedure Act. Decisions of the council are subject to judicial review under the Wyoming Administrative Procedure Act.

History. Laws 1990, ch. 91, § 1; 2004, ch. 73, §§ 1, 2; 2005 ch. 231, § 1; 2010, ch. 11, §§ 2, 3.

The 2004 amendment, effective March 5, 2004, rewrote the section, transferring management of the Wyoming territorial state prison park and historic site to the department of state parks and cultural resources.

Laws 2004, ch. 73, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 5, 2004.

The 2005 amendment, effective July 1, 2005, deleted “within the earmarked revenue fund” in the last sentence in (d).

The 2010 amendment, effective July 1, 2010, repealed former (a) and (c) pertaining to board of land commissioners transferring title and standards in accordance with National Historic Preservation Act; and in introductory language of (b), deleted “state park, excluding lands and buildings comprising the” preceding “historic site” and deleting “as specified under W.S. 36-8-1001(e), as follows” at the end; and in (b)(i), deleted “Park development, operation and management shall be” at the beginning, and substituted “historic site” for “park.”

Wyoming Administrative Procedure Act. —

See § 16-3-101(a), (b)(xi).

Legislative purpose. —

Laws 2004, ch. 73, § 3, provides: “It is the intent of this act to transfer management of the Wyoming territorial state prison park and historic site from the single management group to the department of state parks and cultural resources, and for complete transfer of management to be accomplished no later than April 30, 2005. The department, with the advice and approval of the attorney general, is authorized to negotiate for and terminate any and all leases or contracts currently in existence pertaining to the management of all or any portion of the state park and historic site by any entity other than the department and to take such further actions as necessary to effectuate the intent of this act. Until such time as current leases or contracts are terminated and complete management of the park and site is vested in the department under this act, the park and site may be operated by the department or a single management group as authorized under W.S. 36-8-1001 and 36-8-1002 prior to the amendment of those provisions under this act, as mutually agreed by the department and the management group. Any funds accruing to the state as a result of the termination of any contract or lease pursuant to this act shall be remitted to the state treasurer for deposit into an account within the earmarked revenue fund. The department shall submit a copy of the plan required by W.S. 36-8-1001 (d) to the joint travel, recreation, wildlife and cultural resources interim committee.”

Conflicting legislation. —

Laws 2005, ch. 231, § 3, provides: “The provisions of this act shall supersede the provisions of any other bill enacted into law during the 2005 general session which amends or references accounts or funds to the extent any other enactment is inconsistent with the establishment of the funds and accounts created under this act. The state auditor shall account for any fund or account created in any other legislation enacted in the 2005 general session in accordance with generally accepted accounting principles (GAAP) as promulgated by the governmental accounting standards board (GASB) and in accordance with this act.”

§§ 36-8-1101 and 36-8-1102. [Repealed.]

Repealed by Laws 2009, ch. 168, § 207.

Editor's notes. —

These sections, which derived from Laws 1990, ch. 101, § 1, related to the Wyoming natural resource education center.

§ 36-8-1201. Sale of land to town of Guernsey.

1. The board of land commissioners is authorized and directed to convey its right, title and interest, in the surface estate of the following described parcel of land to the town of Guernsey: That part of the NE1/4 and NE1/4 SE1/4 of Section 34, Township 27 North, Range 66 West of the 6th P.M., Platte County, Wyoming, more particularly described as follows: Commencing at the North Quarter corner of said Section 34 and considering the north line of the NE1/4 thereof to bear East, with all bearings herein being relative thereto; thence East along said north line, a distance of 1,092.12 feet to the TRUE POINT OF BEGINNING said point being on the westerly right-of-way line of the Burlington Northern Railroad; thence southeasterly, along said westerly right-of-way line, on the arc of a nontangent 01°18´11" curve to the left, a distance of 132.08 feet (said curve having a central angle of 01°43´15" and a long chord that bears South 75°22´41" East, 132.07 feet); thence South 76°14´19" East, along said westerly right-of-way line, a distance of 78.86 feet to a point on the west line of the NE1/4 NE1/4 of said Section 34; thence South, along said westerly right-of-way line, and on the west line of said NE1/4 NE1/4, a distance of 25.74 feet; thence South 76°14´19" East, along said westerly right-of-way line, a distance of 805.55 feet to a point 120 feet west of the west bank of the North Platte River; thence South 03°03´30" East, a distance of 2,664.74 feet to a point 120 feet west of the west bank of the North Platte River and on the centerline of U.S. Highway No. 26; thence North 89°58´23" West, along the centerline of said U.S. Highway No. 26, a distance of 581.53 feet; thence North 13°09´42" West, a distance of 2,900.94 feet; thence North 47°01´21" East, a distance of 154.6 feet to the TRUE POINT OF BEGINNING, containing 53.53 acres, more or less and subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now exist thereon. Subject to a 100 foot right-of-way easement along U.S. Highway No. 26.
2. The conveyance authorized by subsection (a) of this section shall be by sale at an appraised value, with terms of the sale to be determined by the board of land commissioners and governing body of the town of Guernsey.

History. Laws 2001, ch. 181, § 1.

Editor's notes. —

Laws 2001, ch. 181, § 2, authorizes the board of land commissioners to convey the surface estate interest in specified state lands to the department of state parks and cultural resources for inclusion into Guernsey State Park.

§ 36-8-1202. Sale of land to town of Newcastle.

1. The board of land commissioners is authorized and directed to convey, its right, title and interest, in the surface estate of the following described parcels of land to the town of Newcastle: Lots 1, 2, 3 and 4 of Block 1, Washington Park Addition; Lots 1, 2, 3 and 4 of Block 2, Washington Park Addition; Lots 1, 2, 3 and 4 of Block 3, Washington Park Addition; Lots 1, 2, 3 and 4 of Block 5, Washington Park Addition; Lots 1, 2, 3 and 4 of Block 6, Washington Park Addition; and Lots 1 and 2 of Block 7, Washington Park Addition; within the town of Newcastle, Wyoming, subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now exist thereon.
2. The conveyance authorized by subsection (a) of this section shall be by sale at an appraised value, with terms of the sale to be determined by the board of land commissioners and the governing body of the town of Newcastle.
3. The office of state lands and investments shall prepare all deeds and documents necessary to complete the transaction. All costs associated with the land appraisal, title insurance and closing shall be paid by the town of Newcastle.

History. Laws 2007, ch. 86, § 1.

Effective dates. —

Laws 2007, ch. 86, § 2, makes the act effective July 1, 2007.

§ 36-8-1203. Sale of land to Uinta County.

1. The board of land commissioners is authorized and directed to convey, subject to section 2 of this act, its right, title and interest, in the surface estate of the following described parcel of land to Uinta County: A tract of land located in the S1/2 N1/2 and the S1/2 of Section 23, and Section 26, of Township 15 North, Range 120 West, 6th P.M., Uinta County, being more particularly described as follows: BEGINNING at the Southeast corner of said Section 26, a steel bar w/ 3-1/4" aluminum cap inscribed “Uinta Engineering and Surveying Cloey C. Wall PLS 482 1998”, and running thence S 89°55´20" W, 2640.31 feet along the south line thereof to the South one-quarter corner of said Section 26; thence N 89°50´59" W, 876.90 feet along the South line of said Section 26 to the Southeast corner of that Tract of land described by Warranty Deed recorded in Book 882 on Page 82 of the Uinta County Records (Hurdsman Tract), said corner monumented with a steel bar with aluminum cap inscribed “Cloey Wall LS 482”; thence N 29°28´37" W, 3600.73 feet along the easterly line of said Hurdsman Tract to the Northernmost corner thereof, said corner lying on the west line of said Section 26, and being monumented with a steel bar with aluminum cap inscribed “Cloey Wall LS 482”; thence N 0°01´49" E, 2137.49 feet along the west line of said Section 26 to the Northwest corner thereof, said corner monumented with an iron pipe w/ 3" brass cap inscribed “CC Wall RLS 482 1976”; thence N 0°11´49" E, 2647.42 feet along the west line of said Section 23 to the West one-quarter corner thereof, said corner monumented with an iron pipe w/ 3" brass cap inscribed “Cloey C Wall LS 482 1974”; thence N 0°04´54" E, 1050.99 feet along the west line of said Section 23 to the southerly right-of-way of Interstate Highway No. 80; thence S 82°12´36" E, 625.13 feet along said Interstate 80 right-of-way to a point on the southerly right-of-way of old U.S. Highway No. 30; thence S 7°46´24" W, 81.66 feet along said U.S. 30 right-of-way to a point lying on a curve to the right having a radius of 22659.11 feet, from which point a radial line bears S 7°46´24" W, said point being monumented with a standard Wyoming Highway Department concrete right-of-way monument; thence southeasterly 2438.77 feet along the arc of said curve and said Highway 30 right-of-way through a central angle of 6°10'00", the long chord of which bears S 79°08´36" E, 2437.59 feet, to a point tangent, said point being monumented with a steel bar with 1-1/2" aluminum cap inscribed “Ted Taggart PLS 6953”; thence S 76°03´36" E, 596.06 feet along said U.S. 30 right-of-way to a point monumented with a steel bar with 1-1/2" aluminum cap inscribed “Ted Taggart PLS 6953”; thence N 13°56´24" E, 100.00 feet along said U.S. 30 right-of-way to a point monumented with a steel bar with 1-1/2" aluminum cap inscribed “Ted Taggart PLS 6953”; thence S 76°03´36" E, 1684.16 feet along said U.S. 30 right-of-way to a point on the east line of said Section 23, said point being monumented with a steel bar with 1-1/2" aluminum cap inscribed “Ted Taggart PLS 6953”; thence S 0°09´38" E, 2600.15 feet along the east line of said Section 23 to the Southeast corner thereof, said corner being monumented with a steel bar with 3-1/4" aluminum cap inscribed “Wasatch Surveying Ted T Taggart PLS 6953 2003”; thence S 0°21´11" E, 2645.67 feet along the east line of said Section 26 to the East one-quarter corner thereof, said corner being monumented with a steel bar w/ 3-1/4" aluminum cap inscribed “Uinta Engineering and Surveying Cloey C. Wall PLS 482 1991”; thence S 0°18´33" E, 2646.48 feet along the east line of said Section 26 to the POINT OF BEGINNING; said tract containing 956.567 acres, more or less, and subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now exist thereon.
2. The board of land commissioners is authorized and directed to convey, subject to section 2 of this act, its right, title and interest, in the surface estate of the following described parcel of land to Uinta County: A tract of land located in the N1/2 NW1/4 of Section 23, Township 15 North, Range 120 West, 6th P.M., Uinta County being more particularly described as follows: BEGINNING at the Northwest corner of said Section, the original stone monument, and running thence N 89°45´09" E, 1686.77 feet along the north line thereof to the Northwest corner of that tract of land described by Quitclaim Deed recorded in Book 541 on Page 46 of the Uinta County Records (Uinta County Tract), said corner monumented with a 5/8" steel bar; thence S 8°57´34" E, 994.33 feet along the westerly boundary of said Uinta County Tract to the Northwest corner of that Exception Tract contained within said Quitclaim Deed; thence S 82°01´39" E, 116.21 feet along the boundary of said Exception Tract; thence S 15°52´43" W, 99.87 feet along the boundary of said Exception Tract; thence S 74°05´51" E, 367.79 feet along the boundary of said Exception Tract to the westerly right-of-way of Uinta County Road No. 109; thence S 15°54´44" W, 80.00 feet along the boundary of said Exception Tract and said right-of-way to the Northeast corner of that tract of land described by Quitclaim Deed recorded in Book 834 on Page 143 of said Records (Taggart Tract), said corner monumented with a 1" diameter steel pipe; thence N 74°05´51" W, 447.74 feet along the boundary of said Exception Tract and the North line of said Taggart Tract to the Northwest corner thereof, said corner lying on the easterly line of that tract of land described by Warranty Deed recorded in Book 787 on Page 283 of said Records (GCP, LLC Tract), said corner monumented with a 1" diameter steel pipe; thence N 15°52´43" E, 88.00 feet along the easterly line of said GCP, LLC Tract to the Northeast corner thereof, said corner monumented with a steel bar with aluminum cap inscribed “Cloey Wall LS 482”; thence N 81°21´12" W, 933.92 feet along the North line of said GCP, LLC Tract to the Northwest corner thereof, said corner monumented with a steel bar with aluminum cap inscribed “Cloey Wall LS 482”; thence S 7°47´24" W, 399.84 feet along the westerly line of said GCP, LLC Tract to the northerly right-of-way of Interstate Highway No. 80; thence N 82°12´36" W, 203.13 feet along said right-of-way to a standard Wyoming Transportation Department monument; thence N 7°47´24" E, 50.00 feet along said right-of-way to a standard Wyoming Transportation Department monument; thence N 82°12´36" W, 690.65 feet to the West line of said Section; thence N 0°04´54" E, 1142.53 feet along said West line to the POINT OF BEGINNING; said tract containing 45.928 acres, more or less and subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now exist thereon.
3. The board of land commissioners is authorized and directed to convey, subject to section 2 of this act, its right, title and interest, in the surface estate of the following described parcel of land to Uinta County: That tract of land described in subsection (a) of this section, excluding those lands designated as Bear River State park pursuant to W.S. 36-8-902(a) and subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now exist thereon.
4. The conveyances authorized in this section shall be by sale at fair market value as determined by an appraisal.

History. Laws 2007, ch. 94, § 1; 2008, ch. 116, § 1.

The 2008 amendment, added “excluding those lands designated as Bear River State park pursuant to W.S. 36-8-902(a)” in (c).

Laws 2008, ch. 116, § 5, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 13, 2008.

Editor's notes. —

The legal descriptions in this section are set forth as corrected by the Legislative Service Office to reflect the legal survey conducted pursuant to 2007 Wyoming Session Laws, Chapter 94, Section 2.

Laws 2007, ch. 94, §§ 2, 3 provides:

“It is the intent of this bill to convey the state owned, nontrust land in sections 23 and 26 of Township 15 North, Range 120 West of the 6th P.M. described above. After passage of the bill, the office of state lands and investments shall prepare a fair market value appraisal of the identified land and shall commission a survey of the property by a licensed Wyoming surveyor in order to establish the legal descriptions of the land being conveyed by this bill. The office of state lands and investments shall order a title insurance policy covering the surface estate and a mineral title search of all interests in the mineral estate in order to guarantee acceptable title of the lands being transferred by this act. The office of state lands and investments shall prepare all deeds and documents necessary to complete the transaction. All costs associated with the land appraisal, survey, title insurance and closing shall be paid by Uinta County. The legislative service office is directed to correct the legal descriptions contained in section 1 of this act to conform to the legal description established by the survey.

“Any payments made to the state by Uinta County relating to the land conveyance under this section shall be deposited in the state hospital permanent land fund.”

This section was renumbered as § 36-8-1203 as directed by the Legislative Service Office.

Effective dates. —

Laws 2007, ch. 94, § 4, makes the act effective July 1, 2007.

§ 36-8-1204. Fort Bridger state historic site; acceptance of lands.

The legislature authorizes the acceptance of the following lands to be included in the Fort Bridger state historic site managed by the department of state parks and historic sites upon final negotiation with Uinta County: Township 16 North, Range 115 West, NW1/4 of the SE1/4 of the SW1/4 of Section 33, the North 30´ of Carter Avenue, between Block 15 and Block 6 of the Carter’s Addition to Fort Bridger as said plat is recorded in the Uinta County Records office.

History. Laws 2009, ch. 5, § 1.

Effective dates. —

Laws 2009, ch. 5, § 1, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved February 24, 2009.

§ 36-8-1301. [Repealed.]

Repealed by Laws 2008, ch. 63, § 2.

Editor's notes—

This section which derived from Laws 2003, ch. 57, § 1, related to description and declaration of Wyoming Veterans' Memorial Museum.

§ 36-8-1401. [Repealed.]

Repealed by Laws 2009, ch. 6, § 2.

Editor's notes. —

This section, which derived from Laws 2005, ch. 188, § 1; related to the historic mine trail and byway commission creation, membership, legislative advisory members, quorum and compensation.

Laws 2009, ch. 6, § 2 makes the act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved February 24, 2009.

§ 36-8-1402. Wyoming historic mine trail and byway system; creation; department duties and processes for trail and byway development; advisory groups.

1. The Wyoming historic mine trail and byway system is created for purposes of designating and identifying historic mine locations and trails and byways linking historic mines within the state, and as such, shall:
   1. Provide a precise history of mineral development in Wyoming;
   2. Interpret the role of mining and minerals in the development of Wyoming’s economy;
   3. Identify and describe Wyoming’s mining and mineral development heritage.
2. The Wyoming historic mine trail and byway system shall be established by the department of state parks and cultural resources. The system shall expand upon the first designated historic mine trail and byway as established by this subsection, which shall link the gold mines located in South Pass City, Miners’ Delight and Atlantic City, Wyoming, to the iron mines located near Atlantic City, to the uranium mines in the Crooks Gap and Gas Hills mining districts located in Fremont County, Wyoming.
3. and (d) Repealed by Laws 2009, ch. 6, § 2.

History. Laws 2005, ch. 188, § 1; 2009, ch. 6, §§ 1, 2.

The 2009 amendment, substituted “department of state parks and cultural resources” for “commission created under W.S. 36 8 1401 through a process of nominations submitted from among various public and private sectors within Wyoming which are knowledgeable of historic mining activities, and in consultation and coordination with the affected boards of county commissioners and other local governing bodies and agencies” in the first sentence of (b); and repealed former (c) and (d) pertaining to historic mine trail and byway commission and provision for the disposition of unexpended funds and other property.

Laws 2009, ch. 6, § 4, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, § 8, of the Wyo. Const. Approved February 24, 2009.

Editor's notes. —

Laws 2009, ch. 6, § 3, provides:

“(a) It is the intention and direction of the legislature that:

“(i) All duties of the Wyoming historic mine trail and byway commission with respect to the Wyoming historic mine trail and byway program be transferred to the department of state parks and cultural resources;

“(ii) All unexpended funds not otherwise obligated and any other property, if any, of the Wyoming historic mine trail and byway commission exclusively dedicated to the Wyoming historic mine trail and byway program be transferred to the department of state parks and cultural resources;

“(iii) Any contract, agreement or obligation entered into or assumed by the Wyoming historic mine trail and byway commission with respect to the Wyoming historic mine trail and byway program, if the execution or assumption was within the lawful powers of the Wyoming historic mine trail and byway commission, be assumed by the department of state parks and cultural resources;

“(iv) Any policy adopted by the Wyoming historic mine trail and byway commission with respect to the Wyoming historic mine trail and byway program remain in effect unaltered as policy of the department of state parks and cultural resources until amended or repealed by the department of state parks and cultural resources.”

§ 36-8-1403. [Repealed.]

Repealed by Laws 2009, ch. 6, § 2.

Editor's notes. —

This section, which derived from Laws 2005, ch. 188, § 1, related to administrative support and annual report to the commission.

Laws 2009, ch. 6, § 2 makes the act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. Approved February 24, 2009.

§ 36-8-1501. State park designation; state historic site designation; state archeological site designation; state recreation area designation.

1. In addition to state parks designated in other statutes, the following lands are designated as state parks and the department shall by rule specify the legal description of the parks:
   1. The lands in Fremont County managed by the department as of July 1, 2010 as Boysen state park;
   2. The lands in Park County managed by the department as of July 1, 2010 as Buffalo Bill state park;
   3. The lands in Natrona County managed by the department as of July 1, 2010 as Edness Kimball Wilkins state park;
   4. The lands in Platte County managed by the department as of July 1, 2010 as Glendo state park;
   5. The lands in Platte County managed by the department as of July 1, 2010 as Guernsey state park;
   6. The lands in Crook County managed by the department as of July 1, 2010 as Keyhole state park;
   7. The lands in Carbon County managed by the department as of July 1, 2010 as Seminoe state park.
2. In addition to state historic sites designated in other statutes, the following lands are designated as state historic sites and the department shall by rule specify the legal description of the sites:
   1. The lands in Albany County managed by the department as of July 1, 2010 as Ames Monument state historic site;
   2. The lands in Sheridan County managed by the department as of July 1, 2010 as Conner Battlefield state historic site;
   3. The lands in Sheridan County managed by the department as of July 1, 2010 as Fetterman Battlefield state historic site;
   4. The lands in Sublette County managed by the department as of July 1, 2010 as Fort Bonneville state historic site;
   5. The lands in Uinta County managed by the department as of July 1, 2010 as Fort Bridger state historic site;
   6. The lands in Converse County managed by the department as of July 1, 2010 as Fort Fetterman state historic site;
   7. The lands in Johnson County managed by the department as of July 1, 2010 as Fort Phil Kearny state historic site;
   8. The lands in Johnson County managed by the department as of July 1, 2010 as Fort Reno state historic site;
   9. The lands in Uinta County managed by the department as of July 1, 2010 as Fort Supply state historic site;
   10. The lands in Sweetwater County managed by the department as of July 1, 2010 as Granger Stage Station state historic site;
   11. The lands in Laramie County managed by the department as of July 1, 2010 as the Historic Governors’ Mansion state historic site;
   12. The lands in Natrona County managed by the department as of July 1, 2010 as Independence Rock state historic site;
   13. Repealed by Laws 2018, ch. 30, §  2.
   14. The lands in Lincoln County managed by the department as of July 1, 2010 as Names Hill state historic site;
   15. The lands  in Platte County managed by the department as of July 1, 2018 as Oregon Trail state  historic site including the Trail Ruts  and Register Cliff units;
   16. The lands in Uinta County managed by the department as of July 1, 2010 as Piedmont Kilns state historic site;
   17. The lands in Carbon County managed by the department as of July 1, 2010 as Platte River Stage Crossing state historic site;
   18. The lands in Sweetwater County managed by the department as of July 1, 2010 as Point of Rocks Stage Station state historic site;
   19. The lands in Natrona County managed by the department as of July 1, 2010 as Red Buttes Battle and Cemetery state historic site;
   20. Repealed by Laws 2018, ch. 30, §  2.
   21. The lands in Sheridan County managed by the department as of July 1, 2010 as Trail End state historic site;
   22. The lands in Sheridan County managed by the department as of July 1, 2010 as Wagon Box Fight state historic site;
   23. The lands in Platte County managed by the department as of July 1, 2010 as Wyoming Pioneer Museum state historic site;
   24. The lands in Converse County managed by the department  as of July 1, 2018 as Camp Douglas state historic site;
   25. The lands in Campbell County managed by the department  as of July 1, 2018 as LX Bar Ranch state historic site;
   26. The lands in Laramie County managed by the department  as of the date of any agreement made in accordance with W.S. 36-8-1601 (a) as Quebec 1 missile alert facility state historic site.
3. In addition to state archaeological sites designated in other statutes, the following lands are designated as state archaeological sites and the department shall by rule specify the legal description of the sites:
   1. The lands in Hot Springs County managed by the department as of July 1, 2010 as Legend Rock state archaeological site;
   2. The lands in Big Horn County managed by the department as of July 1, 2018 as Medicine Lodge state archaeological site including upon mutual written agreement with the Wyoming game and fish department the following adjacent state lands to be managed by the department of state parks and cultural resources:
      1. A parcel of land of approximately ten (10) acres in Dry Fork canyon;
      2. A parcel of land of approximately fourteen (14) acres of the pasture parcel in the hay meadow;
      3. A parcel of land of approximately twenty-eight (28) acres west of park headquarters.
4. The lands in Goshen County managed by the department as of July 1, 2010 as Hawk Springs recreation area are designated as the Hawk Springs state recreation area. The department shall by rule specify the legal description of the recreation area.

History. Laws 2010, ch. 11, § 1; 2018, ch. 15, § 1; ch. 30, §§ 1, 2.

The 2018 amendments. — The first 2018 amendment, by ch. 15, § 1, effective July 1, 2018, in (c)(ii), substituted “July 1, 2018 as” for “July 1, 2010 as” and added “including upon mutual written agreement with the Wyoming game and fish department the following adjacent state lands to be managed by the department of state parks and cultural resources”; added (c)(ii)(A) through (C); and made related stylistic changes.

The second 2018 amendment, by ch. 30, § 1, effective July 1, 2018, in (b)(xv), substituted “July 1, 2018 as Oregon Trail state” for “July 1, 2010 as Oregon Trail Ruts state” and added “including the Trail Ruts and Register Cliff units” at the end; and added (b)(xxiv) through (xxvi).

The third 2018 amendment, by ch. 30, § 2, effective July 1, 2018, repealed former (b)(xiii), which read: “The lands in Fremont County managed by the department as of July 1, 2010 as Lander Cemetery state historic site” and former (xx), which read: “The lands in Platte County managed by the department as of July 1, 2010 as Register Cliff state historic site.”

While neither amendment gave effect to the others, all have been given effect in this section as set out above.

Editor’s notes. —

Laws 2018, ch. 15, § 2, provides: “Nothing in this act shall be construed or interpreted to require transfer of ownership of the lands specified in W.S. 36-8-1501(c)(ii), as amended by this act.”

Laws 2018, ch. 15, § 3, provides: “As required by W.S. 36-8-1501(c), the department of state parks and cultural resources shall update its rules to include the lands specified in W.S. 36-8-1501(c)(ii), as amended by this act, in the legal description of the Medicine Lodge state archaeological site upon entering a mutual written agreement with the Wyoming game and fish department to manage the lands.”

§ 36-8-1601. Authorizing lease or use of Quebec 1 missile alert facility; declaration of Quebec 1 missile alert facility state historic site.

1. The legislature authorizes the department of state parks and cultural resources, in consultation with the governor and the attorney general, to negotiate a lease or use agreement for the Quebec 1 missile alert facility from the United States department of the air force to allow the department of state parks and cultural resources to operate the facility as a historic site. Any lease or use agreement may include a provision that provides facilities for volunteer firemen to store equipment and vehicles.
2. Before entering into any lease or use agreement under subsection (a) of this section:
   1. The department of state parks and cultural resources shall hold a public hearing to receive input on how operating the facility as a historic site may affect adjacent landowners and on the advisability of proceeding with the lease or use agreement;
   2. An environmental baseline survey pursuant to Air Force Instruction 32-7066 shall be completed. The survey shall identify the nature and magnitude of environmental contamination of the property. The survey shall include a search of all available historic and operational records and survey reports, collection of samples as appropriate and inspections;
   3. Upon completion of the hearing and the survey, the department of state parks and cultural resources shall report the findings of the hearing and the results of the survey to the joint travel, recreation, wildlife and cultural resources interim committee and the governor. After receiving the findings of the hearing and the report under this subsection, the governor may authorize the execution of the lease or use agreement negotiated under subsection (a) of this section.
3. If the governor determines that it is in the best interests of the state to take ownership of the Quebec 1 missile alert facility, the governor is authorized to negotiate the terms of the transfer. Negotiations shall include, but not be limited to, consideration of whether the state may acquire by way of donation equipment and accessories from the United States department of the air force used when the Quebec 1 missile alert facility was in full operation or used in other related or nonrelated military operations to enhance the experience of the historic site, including retired missile shells and retired military aircraft, vehicles and arms. A transfer under this subsection shall be in accordance with the following:
   1. Prior to any transfer, the department of state parks and cultural resources shall hold a public hearing to receive input on how operating the facility as a historic site may affect adjacent landowners and on the advisability of proceeding with the transfer. Upon completion of the hearing, the department of state parks and cultural resources shall report the findings of the hearing to the governor;
   2. The legislature authorizes the governor to accept the terms of the transfer provided that:
      1. The governor considers the findings reported under paragraph (i) of this subsection and determines it is in the best interests of the state to take ownership of the facility;
      2. The governor reports the terms of the transfer to the joint appropriations committee prior to the transfer;
      3. The terms of the transfer include a provision requiring the United States department of the air force or other appropriate agency to retain liability for all environmental, closure and reclamation obligations that exist as of the date of the potential transfer.
4. Upon transfer of land, the Quebec 1 missile alert facility is declared to be a state historic site and shall be known as the “Quebec 1 missile alert facility state historic site”.

History. Laws 2015, ch. 103, § 1; 2017, ch. 84, § 1.

The 2017 amendment , in the introductory language of (c), substituted “A” for “Prior to any” and added “shall be in accordance with the following” to the last sentence; in (c)(i), added “Prior to any transfer” at the beginning of the paragraph; in (c)(ii), rewrote the introductory language and added (A) through (C).

Laws 2017, ch. 84, § 2, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 1, 2017.

Effective date. — Laws 2015, ch. 103, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8 of the Wyoming Constitution. Approved March 3, 2015.

§ 36-8-1602. Administration; fees.

1. Upon the execution of a use or lease agreement under this article, the department of state parks and cultural resources is authorized to administer, operate and maintain the historic site in accordance with the National Historic Preservation Act of 1966, as amended, and the programmatic agreement between the United States department of the air force and the department of state parks and cultural resources. The historic site shall be open to the public for a seasonal period as determined by the department of state parks and cultural resources.
2. Notwithstanding any other provision of law, the department of state parks and cultural resources may impose an admissions fee in excess of fees charged for admissions to other state parks and sites to fund necessary expenses incurred for development, operations, personnel and maintenance of the Quebec 1 missile alert facility. Funds collected from the admissions fee shall be deposited in a separate account and are continuously appropriated to the department to pay expenses authorized by this subsection. The remaining funds collected from the admissions fee at the end of the fiscal year may be deposited in the state parks account and expended in accordance with W.S. 36-4-121(h). Revenues and expenditures under this subsection for each of the immediately preceding two (2) fiscal years shall be reported within the department’s biennial budget request submitted under W.S. 9-2-1013 .

History. Laws 2015, ch. 103, § 1; 2018, ch. 43, § 1.

The 2018 amendment, in (a), substituted “under this article, the department” for “under this section, the department” in the first sentence; and added (b).

Laws 2018, ch. 43, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 10, 2018.

Editor's notes. —

Laws 2018, ch. 43, § 2, provides: “The department of state parks and cultural resources shall report on the operations of the Quebec 1 missile alert facility to the joint appropriations committee and the joint travel, recreation, wildlife and cultural resources interim committee on or before November 1, 2020. The report shall indicate whether the net proceeds from admissions fees collected during the previous two (2) fiscal years meet the expenses incurred during the same period.”

§ 36-8-1701. Ranch A account; use of funds.

1. There is created the Ranch A account. The board of land commissioners shall deposit all earnings, whether from lease or otherwise, generated by state owned property commonly known as “Ranch A” to the account. The board may accept gifts from any individual or entity for Ranch A and shall deposit those funds to the account. Funds in the account from any source are continuously appropriated to the board for purposes of capital construction projects, major maintenance and maintenance of the outdoor recreation area and the facilities comprising Ranch A. Notwithstanding W.S. 9-2-1008 and 9-4-207 , any earnings from funds in the account shall be credited to the account and shall not lapse at the end of any fiscal period.
2. As used in this section “Ranch A” means the following described property: In township 52 north, range 60 west, 6th p.m., section 18, lots 3, 4: SE1/4 SW1/4: SW1/4 SE1/4: 7.79 acres in NE1/4 SW1/4; section 19 lot 1, NE1/4 NW1/4. In township 52 north, range 61 west, 6th p.m., section 13: lot 4: W1/2 SE1/4: SE1/4 SE1/4; section 24 NE1/4 (less 1.0 acre): NE1/4 NW1/4: E1/2 NE1/4 NW1/4 SE1/4 less south 50 feet: W1/2 NW1/4 NE1/4 SE1/4 less south 50 feet. All containing six hundred twelve and ninety-four hundredths (612.94) acres more or less.

History. Laws 2018, ch. 136, § 1.

Effective date. —

Laws 2018, ch. 136, § 17, makes the act effective July 1, 2018.

§ 36-9-101. Authority; restrictions.

1. The board of land commissioners may at any time direct the sale of state lands subject to any lease thereof. Subject to criteria established by the board, any person may request that a parcel of state land be considered for sale by the board, but such lands shall only be nominated for sale by a majority vote of the board. Such lands which have been reserved in any way to the public use, or for the use of public institutions, shall not be sold to any member of the board. The board shall sell such lands according to the subdivisions of sections as established by the United States survey thereof, or by metes and bounds, as may appear to be to the interest of the state of Wyoming. The board shall sell such subdivisions as it shall deem for the best interests of the state land trust. The board shall not sell state land unless the board finds that the proceeds from the sale are protected from inflationary effects and the proceeds will earn a significantly higher rate of return than can be realized through retention of the surface estate and if the board finds that the sale will:
   1. Make state lands more manageable where the lands are not otherwise manageable;
   2. Meet a specific need of a school or community for land;
   3. Better meet multiple use objectives of the beneficiaries of the trust; or
   4. Realize a clear long term benefit to the trust which substantially exceeds the present and probable future benefit from continued ownership.

History. Laws 1890-91, ch. 79, § 27; 1895, ch. 120, § 1; R.S. 1899, § 819; Laws 1907, ch. 12, § 1; C.S. 1910, § 627; C.S. 1920, § 722; Laws 1929, ch. 81, § 1; R.S. 1931, § 91-501; Laws 1945, ch. 32, § 1; C.S. 1945, § 24-501; W.S. 1957, § 36-181; 1997, ch. 200, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Reservation of mineral rights. —

It being legislative policy to reserve to state right to execute leases for extraction of petroleum and other minerals, the board can make same reservation in contract for sale of agricultural or grazing lands. State ex rel. Cross v. Board of Land Comm'rs, 50 Wyo. 181, 58 P.2d 423, 1936 Wyo. LEXIS 7 (Wyo. 1936).

Under existing statutes board was authorized to sell surface rights first, reserving minerals by requirement that purchaser convey mineral rights to state. State ex rel. Cross v. Board of Land Comm'rs, 50 Wyo. 181, 58 P.2d 423, 1936 Wyo. LEXIS 7 (Wyo. 1936).

Law reviews. —

For comment, “Wyoming School Trust Lands Trapped Inside Grand Teton National Park — Alternative Solutions for the Commissioner of Public Lands,” see XX Land & Water L. Rev. 207 (1985).

§ 36-9-102. Manner of sale; minimum price.

All state lands shall be disposed of only at public auction to the highest responsible bidder after having been duly appraised by the board, and shall be sold at not less than the appraised value thereof, and for not less than ten dollars ($10.00) per acre.

History. Laws 1890-91, ch. 79, § 29; R.S. 1899, § 821; C.S. 1910, § 629; C.S. 1920, § 724; R.S. 1931, § 91-503; C.S. 1945, § 24-502; W.S. 1957, § 36-182; Laws 1961, ch. 229, § 1; 1997, ch. 200, § 1.

Law reviews. —

For comment, “Wyoming School Trust Lands Trapped Inside Grand Teton National Park — Alternative Solutions for the Commissioner of Public Lands,” see XX Land & Water L. Rev. 207 (1985).

§ 36-9-103. Appraisers for improvements.

All improvements upon state lands, when such lands are to be sold as provided by W.S. 36-9-102 , shall be appraised by three (3) disinterested persons who shall appraise the improvements separately from the lands, though they may be attached thereto. The said appraisers shall upon application of the state land board, be appointed by a judge of the district court of the judicial district wherein the lands are situate.

History. Laws 1961, ch. 229, § 2; W.S. 1957, § 36-182.1.

State land board. —

The reference to the “state land board” in the second sentence apparently means the board of land commissioners.

§ 36-9-104. Advertisement.

All sales of state lands under this act shall be advertised for four (4) consecutive weeks in some newspaper in the county in which such land is situated, if there be such paper; if not, then in some paper published in an adjoining county. Advertisements of such sales may be made in other papers, as the board may direct. The advertisement shall state the time, place, description of land, and terms of sale, and the price at which the land was appraised by the board for each parcel.

History. Laws 1890-91, ch. 79, § 31; R.S. 1899, § 823; C.S. 1910, § 631; C.S. 1920, § 726; R.S. 1931, § 91-504; C.S. 1945, § 24-503; W.S. 1957, § 36-183.

Cross references. —

As to publication of notice of selection of public lands prior to lease or sale, see § 36-3-104 .

Meaning of “this act.” —

For the definition of “this act,” referred to in the first sentence, see § 36-1-101(a)(viii).

Library references. —

18 Nat. Resources & Env't Law Review 24.

§ 36-9-105. Purchaser to pay owner appraised value of improvements; receipt.

If any state lands are sold upon which surface improvements, including irrigation works of any kind, have been made by a lessee, or for which water rights or proportionate interests in irrigation, reservoirs, canals, or systems, have been acquired, the improvements, irrigation works and water rights shall be appraised under the direction of the board. The purchaser of the lands, upon which improvements and irrigation works have been made, or for which water rights have been acquired as herein provided for, shall pay the owner of such improvements, irrigation works or water rights, as the case may be, the contributory value thereof, and take a receipt therefor, and shall deliver the receipt to the director before he shall receive a patent or certificate of purchase. All such receipts shall be filed and preserved in the office of state lands and investments. For purposes of this section, “contributory value” means the increased value of the property after the lessee’s improvements are considered.

History. Laws 1890-91, ch. 79, § 32; R.S. 1899, § 824; Laws 1909, ch. 132, § 2; C.S. 1910, § 632; C.S. 1920, § 727; R.S. 1931, § 91-505; C.S. 1945, § 24-504; W.S. 1957, § 36-184; Laws 1992, ch. 55, § 3; 1997, ch. 200, § 1; 1998, ch. 13, § 1.

Cross references. —

As to improvements made by lessee, see § 36-5-110 .

As to sale or lease of mineral lands with improvements, see § 36-6-104 .

Policy objective of section. —

This section, as well as other related sections, has a sound policy objective of encouraging lessees to advance the permanent improvement and value of state lands by the investment of their own labor and money. White v. Board of Land Comm'rs, 595 P.2d 76, 1979 Wyo. LEXIS 415 (Wyo. 1979).

Water right is property right of high order, with none of the characteristics of personal property, and it is real property. King v. White, 499 P.2d 585, 1972 Wyo. LEXIS 266 (Wyo. 1972).

Requirements for conveyance of water right. —

To transfer or convey an interest in real estate the subject matter must be identified and the conveyance must clearly indicate intention to convey specific property and describe it. This rule is applicable to a conveyance of a water right. King v. White, 499 P.2d 585, 1972 Wyo. LEXIS 266 (Wyo. 1972).

Board may construe conveyance. —

To determine whether it was the assignor's intention to convey a water right it was proper and necessary for the board to construe the conveyance. King v. White, 499 P.2d 585, 1972 Wyo. LEXIS 266 (Wyo. 1972).

Water rights not conveyable where state is fee owner. —

Appurtenant water rights may not be conveyed or devised separately or in derogation of the rights of the state where at all times the state has been the owner in fee of the land in question. White v. Board of Land Comm'rs, 595 P.2d 76, 1979 Wyo. LEXIS 415 (Wyo. 1979).

Water right follows freehold interest. King v. White, 499 P.2d 585, 1972 Wyo. LEXIS 266 (Wyo. 1972).

Assignment of leasehold does not result in conveyance of freehold.—

Where the freehold interest in the lands to which the contested water rights were appurtenant was in the state, an assignment of a leasehold interest for a term of years could not have resulted in a conveyance of a larger estate. Although a leasehold be an interest in real estate it is not that of a freehold. King v. White, 499 P.2d 585, 1972 Wyo. LEXIS 266 (Wyo. 1972).

Assignee was not the owner of water rights, since the assignment standing alone cannot be considered to have severed and conveyed water rights. Not being the owner, he is not such person contemplated in this section as being entitled to receive reimbursement for the appraised value of the water rights. King v. White, 499 P.2d 585, 1972 Wyo. LEXIS 266 (Wyo. 1972).

Payment to lessee for water rights. —

The purchaser has to pay a lessee who acquires water rights during the term of his lease for the appraised value of these rights. White v. Board of Land Comm'rs, 595 P.2d 76, 1979 Wyo. LEXIS 415 (Wyo. 1979).

Payment to prior lessee, not state. —

The purchaser of school land from the state must, as provided by this section, pay prior lessee thereof the appraised value of irrigation ditches made thereon and water rights acquired by him therefor, and not the state. State ex rel. Marble v. Carey, 26 Wyo. 300, 183 P. 785, 1919 Wyo. LEXIS 19 (Wyo. 1919), limited, King v. White, 499 P.2d 585, 1972 Wyo. LEXIS 266 (Wyo. 1972), limited, White v. Board of Land Comm'rs, 595 P.2d 76, 1979 Wyo. LEXIS 415 (Wyo. 1979).

§ 36-9-106. Place of sale; execution of leases.

All sales of state lands shall be held at a location to be determined by the board within the county in which the land is located and leases for state lands may be executed in the presence of a notarial officer or other officer authorized to administer oaths.

History. Laws 1890-91, ch. 79, § 33; 1897, ch. 44, § 1; R.S. 1899, § 825; C.S. 1910, § 633; C.S. 1920, § 728; R.S. 1931, § 91-506; C.S. 1945, § 24-505; W.S. 1957, § 36-185; Laws 2003, ch. 39, § 1; 2004, ch. 42, § 1; 2008, ch. 20, § 2.

Cross references. —

As to officers authorized to administer oaths, see § 1-2-102 .

The 2004 amendment deleted “justice of the peace” following “presence of a notary public”; and made stylistic changes.

Laws 2004, ch. 42, § 3, makes the act effective immediately upon completion of all acts necessary for a bill to become law as provided by art. 4, § 8, Wyo. Const. Approved March 3, 2004.

The 2008 amendment, effective July 1, 2008, substituted “notarial officer” for “notary public.”

§ 36-9-107. Terms of payment.

1. The terms of payment for school and state lands shall be as follows: not less than twenty-five percent (25%) of the purchase price in cash on day of sale, the balance is not to exceed thirty (30) equal annual payments figured on the amortization plan, which shall include interest on the deferred part of the payments at a rate of interest established by the board in accordance with current interests rates. The interest rate on all amounts not paid when due shall be established by the board in accordance with current lending practices. The purchaser may pay in full at the time of the sale or payment of any installment may be made at any time if accrued interest is paid to the time of payment.
2. When school or state lands are sold under an installment contract the state shall insert a provision that the vendee shall pay the taxes upon the fair value of the lands sold from the date of the contract. The provision is binding upon the vendee. The installment contract shall be recorded in the county wherein the lands are situated by the vendee within thirty (30) days following its execution.

History. Laws 1890-91, ch. 79, § 34; R.S. 1899, § 826; C.S. 1910, § 634; Laws 1911, ch. 25, § 1; C.S. 1920, § 729; Laws 1925, ch. 91, § 1; R.S. 1931, § 91-507; Laws 1933, Sp. Sess., ch. 39, § 1; 1937, ch. 56, § 1; 1939, ch. 40, § 1; C.S. 1945, § 24-506; W.S. 1957, § 36-186; Laws 1961, ch. 154, § 1; 1969, ch. 179, § 1; 1977, ch. 45, § 2; 1997, ch. 200, § 1.

Tax sales. —

Where purchaser enters under a contract of purchase, the state retaining title as security, only purchaser's interest may be assessed and sold for taxes, since state's interest is exempt from taxation and sale of property for delinquent taxes might destroy state's interest and thus violate constitutional provision fixing minimum price for sale of state lands. Olds v. Little Horse Creek Cattle Co., 22 Wyo. 336, 140 P. 1004, 1914 Wyo. LEXIS 18 (Wyo. 1914).

Quoted in

Bentley v. Office of State Lands, 2007 WY 94, 160 P.3d 1109, 2007 Wyo. LEXIS 102 (June 8, 2007).

§ 36-9-108. “Amortization plan” defined.

The amortization plan is hereby defined, when applied to state land contracts or certificates, as being that plan under which part of the principal is required to be paid each time interest becomes due and payable, and under which this part payment on the principal increases at each succeeding installment in the same amount that the interest payment decreases, so that the combined amount due on principal and interest on each due date remains the same until the loan is paid in full.

History. Laws 1925, ch. 91, § 2; R.S. 1931, § 91-508; C. S. 1945, § 24-507; W.S. 1957, § 36-187.

Quoted in

Bentley v. Office of State Lands, 2007 WY 94, 160 P.3d 1109, 2007 Wyo. LEXIS 102 (June 8, 2007).

§ 36-9-109. Certificate of purchase; issuance and contents.

When any state land shall have been purchased according to law, the board shall make and deliver to the purchaser a certificate of purchase, which shall contain the name of the purchaser, a description of the land purchased, the sum paid, the sum remaining unpaid, the amount of annual payments, which shall include the accrued interest, upon the amortization plan as hereinbefore defined, and the date on which each of the deferred payments falls due. All annual payments shall be due and payable on the first day of December of each year, provided that interest is paid on the full amount of the deferred payments at the rate of four percent (4%) per annum from date of the sale to the first day of December following such date of sale.

History. Laws 1890-91, ch. 79, § 35; R.S. 1899, § 829; C.S. 1910, § 637; C.S. 1920, § 733; Laws 1925, ch. 91, § 3; R.S. 1931, § 91-511; C.S. 1945, § 24-508; W.S. 1957, § 36-188.

Quoted in

Bentley v. Office of State Lands, 2007 WY 94, 160 P.3d 1109, 2007 Wyo. LEXIS 102 (June 8, 2007).

Cited in

Olds v. Little Horse Creek Cattle Co., 22 Wyo. 336, 140 P. 1004, 1914 Wyo. LEXIS 18 (1914).

§ 36-9-110. Certificate of purchase; conversion of outstanding certificates; fee.

1. Any certificate of purchase of state or school land issued and outstanding when this act [§§ 36-9-107 through 36-9-110 ] takes effect may be converted into an amortization certificate on the plan set forth in this act at the request of the holder of said certificate of purchase, and with the consent of the state board of land commissioners; provided, however, that any certificate holder converting said certificate as herein provided shall pay interest on future payments at the rate of four and one-quarter percent (4 1/4%) per annum and six percent (6%) per annum on all amounts not paid when due.
2. The director shall collect in addition to the fees provided by law the sum of two dollars ($2.00) to be used by him for expenses incidental with transfers as made optional by this act for supplies, extra clerk hire, etc., and any unused portion of same shall be paid to the state treasurer at such time as all transfers have been made.

History. Laws 1925, ch. 91, § 4; R.S. 1931, § 91-512; C.S. 1945, § 24-509; W.S. 1957, § 36-189; Laws 1992, ch. 55, § 3.

Editor's notes. —

Laws 1925, ch. 91, § 7, makes the act effective from and after passage. Approved February 25, 1925.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 36-1-101(a)(vii).

Severability. —

Laws 1925, ch. 91, § 6, reads: “Should any section or provision of this act be decided by the court to be unconstitutional or invalid the same shall not affect the validity of the act as a whole or any part thereof other than the part as decided to be unconstitutional.”

Repealing clauses. —

Laws 1925, ch. 91, § 5, repealed all laws and parts of laws in conflict therewith.

§ 36-9-111. Certificate of purchase; loss or wrongful detention.

Whenever a certificate of purchase shall be lost, or wrongfully withheld from the owner thereof, the board may receive evidence of such loss or wrongful detention, and upon satisfactory proof of this fact, and such indemnity therefor as the board may prescribe, it may cause a new certificate of purchase or patent, as the case may be, to be issued to such person as shall appear to it to be the proprietor of the land described in the original certificate of purchase.

History. Laws 1890-91, ch. 79, § 43; R.S. 1899, § 836; C.S. 1910, § 644; C.S. 1920, § 740; R.S. 1931, § 91-518; C.S. 1945, § 24-515; W.S. 1957, § 36-190.

§ 36-9-112. Granting of patents; reservation of minerals.

1. Whenever the purchaser of any state land, or his assign, has complied with all the conditions of this act and has paid all the purchase money therefor, together with the lawful interest thereon, he shall receive a patent for the land purchased. Such patent shall run in the name of the state of Wyoming, it shall be signed by the governor, and countersigned by the director, and attested by the seal of the board. Such patent signed and executed as aforesaid shall convey a good and sufficient title to the patentee therein named. A fee interest in any state land may be perfected only as herein provided and only by express grant by the state of Wyoming for that purpose.
2. Patents issued by the state of Wyoming shall contain a reservation to the state of all the minerals, whether or not now known, or which may be discovered hereafter, together with the right of ingress and egress to prospect for, mine, and remove such minerals. The board of land commissioners is authorized to promulgate rules and regulations necessary to implement the exchange of mineral rights on a value for value basis. The exchange program may authorize a cash equalization receipt or payment of up to twenty-five percent (25%) of the value of the mineral rights. Any receipt shall be deposited into, and any payment shall be made from, the permanent land fund.

History. Laws 1890-91, ch. 79, § 36; R.S. 1899, § 830; C.S. 1910, § 638; C.S. 1920, § 734; R.S. 1931, § 91-513; C.S. 1945, § 24-510; W.S. 1957, § 36-191; Laws 1971, ch. 176, § 1; 1992, ch. 55, § 3; 1997, ch. 200, § 1.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 36-1-101(a)(vii).

Mandamus cannot compel issuance of patent. —

Where certificate of sale of state lands provided that before patent should issue, purchaser must convey to the state all mineral and mining rights, mandamus would not issue to compel issuance of patent until such reconveyance of mineral and mining rights was made. Word “land” used in statute does not refer only to land as having an indefinite extent upwards and downwards so as to prevent sale of surface rights only; statute providing for conveyance of title in fee simple does not establish that title in fee simple cannot exist to the surface rights separate from the mineral and mining rights. State ex rel. Cross v. Board of Land Comm'rs, 50 Wyo. 181, 58 P.2d 423, 1936 Wyo. LEXIS 7 (Wyo. 1936).

Quoted in

Bentley v. Office of State Lands, 2007 WY 94, 160 P.3d 1109, 2007 Wyo. LEXIS 102 (June 8, 2007).

Cited in

Olds v. Little Horse Creek Cattle Co., 22 Wyo. 336, 140 P. 1004, 1914 Wyo. LEXIS 18 (1914).

Law reviews. —

For comment, “Wyoming School Trust Lands Trapped Inside Grand Teton National Park — Alternative Solutions for the Commissioner of Public Lands,” see XX Land & Water L. Rev. 207 (1985).

§ 36-9-113. Deposition of moneys.

All moneys arising from the sale or lease of state lands as collected shall be paid by the board to the treasurer of the state, who shall receipt for the money.

History. Laws 1890-91, ch. 79, § 38; R.S. 1899, § 832; C.S. 1910, § 640; C.S. 1920, § 736; R.S. 1931, § 91-515; C.S. 1945, § 24-512; W.S. 1957, § 36-193; Laws 1973, ch. 245, § 3; 1974, ch. 16, § 2.

Trustee appointed by court. —

Under a bequest to the state creating a trust for certain annuitants, the state could not act as trustee for the purpose of paying the annuities, and the appointment of a trustee by a court of equity was affirmed. State v. Underwood, 54 Wyo. 1, 86 P.2d 707, 1939 Wyo. LEXIS 1 (Wyo. 1939).

§ 36-9-114. Refund of money when paid by mistake.

In case any person, persons or corporation shall pay to the board of land commissioners any money for any state or school lands sold to him, or them, or in case any person shall pay into the state treasury, any money in consideration of the leasing of lands, which said board supposed to belong to the state, and it shall thereafter be discovered that such lands do not belong to the state, and were not subject to sale by the state, as state or school lands, such money, together with interest — except in the case of money paid for leases — at the rate of six percent (6%) per annum from the date of the patent for such lands, but without interest if they have not been patented, shall be refunded to the person buying the same, upon certificate from the board of land commissioners to the effect that such money has been paid under mistake as aforesaid, such certificate being accompanied by a verified statement of account thereof, as in the case of other claims against the state; and upon the presentation of such certificate to the state auditor he shall draw his warrant upon the state treasurer for the amount named in such certificate, if the same is within the limit of any appropriation of money for said purpose. And it is hereby made the duty of said board to furnish such certificates upon ascertaining the fact of the mistake having been made.

History. Laws 1897, ch. 34, § 1; 1899, ch. 90, § 1; R.S. 1899, § 827; C.S. 1910, § 635; C.S. 1920, § 730; R.S. 1931, § 91-509; C.S. 1945, § 24-522; W.S. 1957, § 36-197.

Editor's notes. —

This section appears herein as drafted by the 1899 compilers and reprinted by all subsequent compilers. Laws 1899, ch. 90, did not amend Laws 1897, ch. 34, although the acts pertain to the same subject. The 1899 compilers combined the substance of the first sections of each of the acts.

Repealing clauses. —

Laws 1897, ch. 34, § 4, repealed all laws and parts of laws in conflict therewith.

§ 36-9-115. Determination of claims; rules and regulations against fraud.

The board of land commissioners may hear and determine the claims of each person who may claim to be entitled, in whole or in part, to any lands owned by this state. The decisions of the board shall be final until set aside by a court of competent jurisdiction. The board may establish such rules and regulations as in its opinion may be proper to prevent fraudulent applications being granted.

History. Laws 1890-91, ch. 79, § 44; R.S. 1899, § 837; C.S. 1910, § 645; C.S. 1920, § 741; R.S. 1931, § 91-519; C.S. 1945, § 24-516; W.S. 1957, § 36-199.

Assumption by court. —

In mandamus proceedings to compel board to cancel a lease of state lands on the ground of having been procured by the lessee for the benefit of another, the court must assume that in passing on the lessee's application for the land the board decided such was not the fact. State ex rel. Marsh v. State Land Comm'rs, 7 Wyo. 478, 53 P. 292, 1898 Wyo. LEXIS 15 (Wyo. 1898).

Trial on appeal includes determination of issues of fact made by pleadings, independent of the findings and determination of those issues by the board, whether such trial be had upon evidence submitted to the board or upon new evidence. Bucknum v. Johnson, 21 Wyo. 26, 127 P. 904, 1912 Wyo. LEXIS 11 (Wyo. 1912).

When lease required to be cancelled. —

In contest proceeding seeking cancellation of state land lease upon proof submitted, the board acts in judicial capacity and is not required to cancel lease unless damage to state is shown, such as where contestant had no application before the board to purchase or lease land at time lease sought to be cancelled was granted. Bucknum v. Johnson, 21 Wyo. 26, 127 P. 904, 1912 Wyo. LEXIS 11 (Wyo. 1912).

§ 36-9-116. Trespass.

Any person who shall use or who shall occupy any state land without lease or certificate of purchase, and any person who shall use or occupy state lands for more than thirty (30) days after the cancellation or expiration of his lease, unless he shall be a purchaser thereof, shall be a trespasser; and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00), and the bondsmen of such lessee shall, upon the bond of such lessee, be equally liable with the lessee for the payment of such fine imposed.

History. Laws 1890-91, ch. 79, § 45; R.S. 1899, § 838; C.S. 1910, § 646; C.S. 1920, § 742; R.S. 1931, § 91-520; C.S. 1945, § 24-517; W.S. 1957, § 36-200.

Cross references. —

As to criminal trespass, see § 6-3-303 .

Cited in

Cooper v. McCormick, 10 Wyo. 379, 69 P. 301, 1902 Wyo. LEXIS 18 (1902).

§ 36-9-117. Institution of actions.

All civil suits or actions brought under the provisions of this act shall be instituted by the board, in the name of the people of the state of Wyoming.

History. Laws 1890-91, ch. 79, § 46; R.S. 1899, § 839; C.S. 1910, § 647; C.S. 1920, § 743; R.S. 1931, § 91-521; C.S. 1945, § 24-518; W.S. 1957, § 36-201; Laws 2006, ch. 95, § 1.

The 2006 amendment, effective July 1, 2006, inserted “civil.”

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 36-1-101(a)(vii).

Library references. —

For article, “Partners in Pursuit of Polluters,” see 18 Nat. Resources & Env't Law Review 24.

§ 36-9-118. Rights-of-way for public conveyances.

The board may, at their discretion, grant permanent rights-of-way or easements across or upon any portion of state or school lands, upon such terms as the board may determine, for any ditch, reservoir, railroad, public highway, telegraph and telephone lines, communications company facility or other public conveyances. As used in this section, “communications company” means as defined in W.S. 1-26-813 .

History. Laws 1890-91, ch. 79, § 48; R.S. 1899, § 841; C.S. 1910, § 649; Laws 1915, ch. 35, § 1; C.S. 1920, § 745; R.S. 1931, § 91-523; C.S. 1945, § 24-520; W.S. 1957, § 36-202; 2019, ch. 138, § 1.

Cross references. —

As to rights-of-way of United States across state lands, see § 36-10-105 .

The 2019 amendment, effective July 1, 2019, substituted “board” for “board of land commissioners,” added “communications company facility” following “telegraph and telephone lines,” and added the last sentence.

State may grant rights-of-way across university lands. Ross v. Trustees of Univ. of Wyo., 30 Wyo. 433, 222 P. 3, 1924 Wyo. LEXIS 67 (Wyo.), reh'g denied, 31 Wyo. 464, 228 P. 642, 1924 Wyo. LEXIS 40 (Wyo. 1924).

Wyoming Board of Land Commissioners had discretion to grant easement. —

Trial court properly dismissed assignees' action against defendants for a declaration that an easement was void, since the Wyoming Board of Land Commissioners clearly had discretionary authority to grant public easements over state lands. Bentley v. Dir. of the Office of State Lands & Invs., 2007 WY 94, 160 P.3d 1109, 2007 Wyo. LEXIS 102 (Wyo. 2007).

Stated in

McGuire v. McGuire, 608 P.2d 1278, 1980 Wyo. LEXIS 251 (Wyo. 1980).

Law reviews. —

For article, “Industrial Siting Legislation: The Wyoming Industrial Development Information and Siting Act — Advance or Retreat?,” see XI Land & Water L. Rev. 27 (1976).

§ 36-9-119. Rights of ditch owners.

Nothing in this act shall be construed so as to impair the rights of any ditch company, or any person owning any ditch or ditches, on or passing through any of the lands included herein.

History. Laws 1890-91, ch. 79, § 49; R.S. 1899, § 842; C.S. 1910, § 650; C.S. 1920, § 747; R.S. 1931, § 91-525; C.S. 1945, § 24-521; W.S. 1957, § 36-203.

Meaning of “this act.” —

For the meaning of “this act,” referred to in this section, see § 36-1-101(a)(vii).

§ 36-9-120. Rights-of-way to counties.

Upon application of the board of county commissioners of any county, the board of land commissioners shall have authority to grant either a temporary or permanent right-of-way for ditches owned by the county or for county roads over and across any of the state or school lands, upon such terms as said board may determine, and to issue to such county a certificate therefor; no charge shall be exacted for the filing of such application or for the issuance of such certificate or for granting and recording a right-of-way.

History. Laws 1913, ch. 10, § 1; C.S. 1920, § 746; R.S. 1931, § 91-524; C.S. 1945, § 24-524; W.S. 1957, § 36-204.

County acquires for state. —

County acquiring easement over state land for road acquires it for state. Ross v. Trustees of Univ., 31 Wyo. 464, 228 P. 642, 1924 Wyo. LEXIS 40 (Wyo. 1924).

§ 36-10-101. Authority to acquire state lands; reservation of mineral rights.

The United States shall be and is authorized to acquire by purchase or condemnation or otherwise, any land in this state required for public buildings, custom houses, arsenals, national cemeteries, or other purposes essential to the national defense in necessary use of said land by armed naval, air or land forces, or land to be physically occupied by the Boysen Dam, its reservoir, power plant and distribution systems, or lands to be physically occupied by dams, reservoirs, power plants and distribution systems in United States reclamation service projects, and the state of Wyoming hereby consents thereto, provided that the mineral content of lands so acquired, if owners thereof so elect, shall be reserved to such owners.

History. Laws 1897, ch. 17, § 1; R.S. 1899, § 2657; C.S. 1910, § 697; C.S. 1920, § 810; R.S. 1931, § 118-101; Laws 1941, ch. 97, § 1; C.S. 1945, § 24-801; W.S. 1957, § 36-207.

Law reviews. —

For comment, “State Participation in Federal Policy Making for the Yellowstone Ecosystem: A Meaningful Solution or Business as Usual?,” see XXI Land & Water L. Rev. 397 (1986).

§ 36-10-102. Jurisdiction ceded to United States.

The jurisdiction of the state of Wyoming in and over any land so acquired by the United States shall be, and the same is hereby ceded to the United States, but the jurisdiction so ceded shall continue no longer than the said United States shall own the said land.

History. Laws 1897, ch. 17, § 2; R.S. 1899, § 2658; C.S. 1910, § 698; C.S. 1920, § 811; R.S. 1931, § 118-102; C.S. 1945, § 24-802; W.S. 1957, § 36-208.

Law reviews. —

For comment, “State Participation in Federal Policy Making for the Yellowstone Ecosystem: A Meaningful Solution or Business as Usual?,” see XXI Land & Water L. Rev. 397 (1986).

§ 36-10-103. Retention of concurrent jurisdiction by state.

The said consent is given and the said jurisdiction ceded upon the express condition that the state of Wyoming shall retain concurrent jurisdiction with the United States in and over the said land, so far as that all civil process, in all cases, and such criminal and other process as may issue under the laws or authority of the state of Wyoming against any person or persons charged with crimes or misdemeanors committed within said state, may be executed therein in the same way and manner as if such consent had not been given or jurisdiction ceded, except so far as such process may affect the real or personal property of the United States.

History. Laws 1897, ch. 17, § 3; R.S. 1899, § 2659; C.S. 1910, § 699; C.S. 1920, § 812; R.S. 1931, § 118-103; C.S. 1945, § 24-803; W.S. 1957, § 36-209.

Law reviews. —

For comment, “State Participation in Federal Policy Making for the Yellowstone Ecosystem: A Meaningful Solution or Business as Usual?,” see XXI Land & Water L. Rev. 397 (1986).

§ 36-10-104. When jurisdiction vests; exoneration from taxes, assessments and other charges.

The jurisdiction hereby ceded shall not vest until the United States shall have acquired the title to the said lands by purchase or condemnation or otherwise, and so long as the said land shall remain the property of the United States when acquired as aforesaid, and no longer, the same shall be and continue exonerated from all taxes, assessments and other charges which may be levied or imposed under the authority of this state.

History. Laws 1897, ch. 17, § 4; R.S. 1899, § 2660; C.S. 1910, § 700; C.S. 1920, § 813; R.S. 1931, § 118-104; C.S. 1945, § 24-804; W.S. 1957, § 36-210.

Cross references. —

As to exemption of United States lands from taxation, see art. 21, § 26, Wyo. Const.

§ 36-10-105. Rights-of-way.

There is hereby granted over all the lands now owned by the state of Wyoming, and which may hereafter be owned by the state of Wyoming, a right-of-way for public utility facilities constructed by and under the authority of the United States. Any right-of-way desired by the United States shall be surveyed and platted and certified maps and plats of the right-of-way filed with the board of land commissioners, the maps and plats to be in conformity with the requirements of W.S. 37-9-201 [repealed], regarding rights-of-way for railroad corporations. No fee other than fair market value for the easements as determined by the board of land commissioners shall be requested for the filing of the maps and plats. All conveyances by the state of any of its lands, which may hereafter be made, shall contain a reservation for rights-of-way provided for in this section granted prior to July 1, 1981.

History. Laws 1905, ch. 85, § 1; C.S. 1910, § 3890; C.S. 1920, § 4954; R.S. 1931, § 91-404; C.S. 1945, § 24-805; W.S. 1957, § 36-211; Laws 1965, ch. 156, § 1; 1981, ch. 174, § 2.

Editor's notes. —

Section 37-9-201 , referred to in the second sentence in this section, was repealed in 1981.

Lands granted for university purposes, within statute, are “state lands,” authorizing board to grant rights-of-way across them. Ross v. Trustees of Univ. of Wyo., 30 Wyo. 433, 222 P. 3, 1924 Wyo. LEXIS 67 (Wyo.), reh'g denied, 31 Wyo. 464, 228 P. 642, 1924 Wyo. LEXIS 40 (Wyo. 1924).

Right to construct and operate irrigation ditches. —

Lands conveyed with provisions for right-of-way to the United States are subject to the right of the United States thereafter to construct and operate irrigation ditches for a reclamation project. Ide v. United States, 263 U.S. 497, 44 S. Ct. 182, 68 L. Ed. 407, 1924 U.S. LEXIS 2813 (U.S. 1924).

§ 36-10-106. Yellowstone National Park; reservation of jurisdiction by United States.

By section 2 of the Act of Admission of the state of Wyoming, 26 United States Statutes at Large, 222, chapter 664, the United States of America reserved exclusive control and jurisdiction over Yellowstone National Park and future additions to Yellowstone National Park. The boundaries of Yellowstone National Park at the time of admission were defined in 17 United States Statutes at Large 32.

History. Laws 1967, ch. 149, § 1; W.S. 1957, § 36-211.1.

Cross references. —

As to Yellowstone park commission, see § 36-8-201 et seq.

For Act of Admission, see Volume 1 of Wyoming Statutes Annotated.

Law reviews. —

For comment, “State Participation in Federal Policy Making for the Yellowstone Ecosystem: A Meaningful Solution or Business as Usual?,” see XXI Land & Water L. Rev. 397 (1986).

§ 36-10-107. Yellowstone National Park; boundary revision.

On March 1, 1929, the congress of the United States by the passage of an act set out in 45 United States Statutes at Large 1435 revised the boundaries of Yellowstone National Park.

History. Laws 1967, ch. 149, § 2; W.S. 1957, § 36-211.2.

§ 36-10-108. Yellowstone National Park; jurisdiction ceded to state.

By reason of the act of March 1, 1929, as set out in 45 United States Statutes at Large 1435, revising the boundaries of Yellowstone National Park, the United States of America ceded exclusive jurisdiction to the state of Wyoming over that part of Yellowstone National Park which was in the original boundaries of Yellowstone National Park, but which was without the revised boundaries of Yellowstone National Park, upon the acceptance of said exclusive jurisdiction by the state of Wyoming.

History. Laws 1967, ch. 149, § 3; W.S. 1957, § 26-211.3.

§ 36-10-109. Yellowstone National Park; acceptance of jurisdiction by state.

The state of Wyoming hereby accepts jurisdiction for all purposes whatsoever over the lands included within the original boundaries of Yellowstone National Park as described in 17 United States Statutes at Large 32 but excluded from the revised boundaries of Yellowstone National Park as described in 45 United States Statutes at Large 1435.

History. Laws 1967, ch. 149, § 4; W.S. 1957, § 26-311.4.

§ 36-10-201. Present funds to be paid to treasurer of Teton county.

All funds now held by the treasurer of the state of Wyoming, which have been received by the state of Wyoming from the United States under Public Law 787-81st congress (which is known as an act to establish a new Grand Teton National Park in the state of Wyoming, and for other purposes) [16 U.S.C. § 406d-1 et seq.] shall be immediately paid by the state treasurer to the treasurer of Teton county, Wyoming.

History. Laws 1953, ch. 84, § 1; W.S. 1957, § 36-212.

Public Law 787. —

Public Law 787 of the 81st congress, referred to in this section, appears as 16 U.S.C. § 406d-1 et seq.

§ 36-10-202. Subsequent funds received to be paid to treasurer of Teton county.

All funds hereafter received by the state of Wyoming from the United States under aforesaid act [Public Law 787-81st Congress] shall be paid by the state treasurer to the treasurer of Teton county, Wyoming, as soon as received.

History. Laws 1953, ch. 84, § 2; W.S. 1957, § 36-213.

§ 36-10-203. Crediting and distribution of funds received by treasurer of Teton county.

The treasurer of Teton county, Wyoming, shall credit all funds so received to the various tax districts of said county in the proportion that the assessed valuation each tax district bears to the total assessed valuation of the county; and shall distribute the funds so credited to the various funds of the tax districts in accordance with the distribution chart of the year in which such funds are received by the county treasurer. Provided, that the state of Wyoming shall each year receive from Teton county the same proportion of said funds and in the same manner as if such funds had been received by Teton county in payment of taxes.

History. Laws 1953, ch. 84, § 3; W.S. 1957, § 36-214.

§ 36-11-101. [Amended and renumbered.]

Cross references. —

For present provisions as to citation of the “Corner Perpetuation and Filing Act,” see § 33-29-140 .

§ 36-11-102. [Amended and renumbered.]

Amended and renumbered as § 33-29-141 by Laws 1997, ch. 116, § 2.

Cross references. —

For present provisions as to definitions see § 33-29-141.

§ 36-11-103. [Amended and renumbered.]

Amended and renumbered as § 33-29-142 by Laws 1997, ch. 116, § 2.

Cross references. —

For present provisions as to completion of a “corner file,” see § 33-29-142.

§ 36-11-104. [Renumbered.]

Renumbered as § 33-29-143 by Laws 1997, ch. 116, § 3.

Cross references. —

For present provisions as to filing of corner record, see § 33-29-143.

§ 36-11-105. [Amended and renumbered.]

Amended and renumbered as § 33-29-144 by Laws 1997, ch. 116, § 2.

Cross references. —

For present provisions as to information to be included in a corner file and form of a corner file, see § 33-29-144.

§ 36-11-106. [Amended and renumbered.]

Amended and renumbered as § 33-29-145 by Laws 1997, ch. 116, § 2.

Cross references. —

For present provisions as to preservation of map records and public inspection, see § 33-29-145.

§ 36-11-107. [Amended and renumbered.]

Amended and renumbered as § 33-29-146 by Laws 1997, ch. 116, § 2.

Cross references. —

For present provisions as to reconstruction or rehabilitation of a monument, see § 33-29-146.

§ 36-11-108. [Renumbered.]

Renumbered as § 33-29-147 by Laws 1997, ch. 116, § 3.

Cross references. —

For present provisions as to signatures required on corner records, see § 33-29-147.

§ 36-11-109. [Amended and renumbered.]

Amended and renumbered as § 33-29-148 by Laws 1997, ch. 116, § 2.

Cross references. —

For present provisions as to previously existing corners, see § 33-29-148.

§ 36-11-110. [Renumbered.]

Renumbered as § 33-29-149 by Laws 1997, ch. 116, § 3.

Cross references. —

For present provisions as to exemption from filing fees, see § 33-29-149.

§ 36-12-101. Legislative determinations.

1. The legislature determines:
   1. The intent of the framers of the constitution of the United States was to guarantee to each of the states sovereignty over all matters within its boundaries except for those powers specifically granted to the United States as agent of the states;
   2. The attempted imposition upon the state of Wyoming by the congress of the United States of a requirement in the Statehood Act that the state of Wyoming and its people “disclaim all right and title to any lands or other property not granted or confirmed to the state or its political subdivisions by or under the authority of this act, the right or title to which is held by the United States or is subject to disposition by the United States”, as a condition precedent to acceptance of Wyoming into the Union, was an act beyond the power of the congress of the United States and is thus void;
   3. The purported right of ownership and control of the unappropriated public land in the state of Wyoming by the United States is without foundation and violates the clear intent of the constitution of the United States; and
   4. The exercise of that dominion and control of the public land in the state of Wyoming by the United States works a severe, continuous and debilitating hardship upon the people of the state of Wyoming.

History. Laws 1980, ch. 53, § 1.

Cross references. —

For Act of Admission, see Volume 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.

Law reviews. —

For article, “Wyoming Land and the Law One Hundred Years After Statehood — A Perspective,” see XXVI Land & Water L. Rev. 33 (1991).

§ 36-12-102. Management.

1. Upon transfer to the state of Wyoming [of] the jurisdiction and ownership of lands and mineral resources subject to this act, the board shall manage such in an orderly manner in trust for the optimum benefit and use of all the people of Wyoming and in conformity with established concepts of multiple use and sustained yield which will permit the development of uses for agriculture, grazing, recreation, minerals, timber, and the development, production and transmission of energy and other public utility services. It shall be managed in such a manner as to permit the conservation and protection of watersheds and wildlife habitat, and historic, scenic, fish and wildlife, recreational and natural values.
2. The board of land commissioners shall develop a plan for the transfer and management of lands and minerals subject to this act [§§ 36-12-101 through 36-12-109 ]. This plan will be submitted to the governor and legislature prior to January 1, 1983 and will be subject to their approval. Such a management plan shall consider:
   1. Management of the land pursuant to subsection (a);
   2. Policy and program regarding disposal, lease or exchange of any lands or resources acquired pursuant to this act;
   3. Policy and program regarding public access to use of such lands;
   4. Conservation of lands for wildlife habitat or recreational purposes; and
   5. Program regarding use or transfer of lands to municipalities and other governmental entities for public purposes.
3. As used in this section:
   1. Sustained yield means the maintenance of a high-level annual or regular periodic output of the various renewable resources of the state lands consistent with multiple use;
   2. Multiple use means the management of the land in a combination of balanced and diverse resource uses that takes into account the long-term needs for renewable and nonrenewable resources, including but not limited to recreation, range, timber, minerals, watershed, wildlife and fish, natural, scenic, scientific and historical values, and the coordinated management of the resources without permanent impairment of the productivity of the land or the quality of the environment.

History. Laws 1980, ch. 53, § 1.

§ 36-12-103. Property of the state.

Subject to valid existing rights of applicants for land, after March 30, 1980, all federal land in the state except as set forth in W.S. 36-12-109 and all water and mineral rights appurtenant not previously appropriated are the exclusive property of the state and subject to its jurisdiction and control.

History. Laws 1980, ch. 53, § 1.

§ 36-12-104. Existing rights under federal law.

Until equivalent measures are enacted by the legislature, the rights and privileges of the people of this state granted under the provisions of existing federal law are preserved under administration by the board of land commissioners.

History. Laws 1980, ch. 53, § 1.

§ 36-12-105. Interstate compacts.

Land in the state which has been administered by the United States under interstate compacts will continue to be administered by the state in conformity with those compacts.

History. Laws 1980, ch. 53, § 1.

§ 36-12-106. Multiple use.

The land shall be used to foster, promote and encourage the optimum development of the state’s human, industrial, mineral, agricultural, water, wildlife and wildlife habitat, timber and recreational resources.

History. Laws 1980, ch. 53, § 1.

§ 36-12-107. Proceeds to the general fund.

The proceeds of sales, fees, rents, royalties or other receipts from the land paid to the state under this act [§§ 36-12-101 through 36-12-109 ] shall be deposited in the general fund.

History. Laws 1980, ch. 53, § 1.

§ 36-12-108. Enforcement of provisions; civil actions; penalties.

1. The state has exclusive jurisdiction to enforce the provisions of this act [§§ 36-12-101 through 36-12-109 ].
2. An individual may institute a civil action to recover damages for injury or loss sustained as the result of a violation of the provisions of this act.
3. Any person who attempts to exercise jurisdiction over land secured under this act in a manner not permitted by the laws of the state is guilty of a felony punishable by imprisonment for not less than two (2) years nor more than ten (10) years.

History. Laws 1980, ch. 53, § 1.

§ 36-12-109. Definition.

1. As used in this act [§§ 36-12-101 through 36-12-109 ] “land” means all land and water within the exterior boundaries of the state of Wyoming except land and water:
   1. To which title is held by a private person or entity;
   2. To which title was held by the state or a municipality in the state before March 1, 1980;
   3. Which is controlled by the United States department of defense on March 1, 1980;
   4. Which was a national park, national monument, land held in trust for Indians, wildlife refuge or wilderness area established prior to January 1, 1980.

History. Laws 1980, ch. 53, § 1.

Editor's notes. —

There is no subsection (b) in this section as it appears in the printed acts.