Chapter 1 - General Provisions
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE 1 - IN GENERAL
36-1-101. Definitions.
(a) Unless the context indicates otherwise, as used in thisact:
(i) The term "board" shall mean the board of landcommissioners;
(ii) The term "director" means the director of theoffice of state lands and investments;
(iii) The term "state" shall mean the state of Wyoming;
(iv) The terms "state lands", "land" or"lands" shall mean and include all lands under the jurisdiction ofthe board of land commissioners;
(v) The terms "school land" or "schoollands" shall mean and include all lands granted to the state of Wyoming bythe United States of America for the benefit and support of public schools,either directly or through exchange for other lands;
(vi) The term "institutional lands" shall mean statelands selected for the benefit of state institutions or any lands other thanschool lands;
(vii) The term "old lessee" means the person, firm,association or corporation in whose name the expiring lease appeared of recordin the office of state lands and investments at the time of its expiration;
(viii) "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.
36-1-102. Recording and filing documents of title.
Everydepartment, institution, board and commission of the state of Wyoming which nowhas or shall hereafter acquire an interest in real property, except leases,easements and rights-of-way for a term not exceeding three (3) years, shallrecord the document of title with the appropriate county clerk, unlesspreviously recorded, and after recording, shall file the original document withthe director excepting, however, easement and right-of-way conveyancespreviously obtained by the state department of transportation or statetransportation commission. This section shall have no effect on existingrecording statutes.
36-1-103. Computation of time after registered notice.
Whenthe provisions of this act or the rules and regulations of the board requireregistered notice to be given, the time shall be reckoned from the date ofdelivery of such notice by the United States post office, or in the event ofnondelivery thereof, from the date of the return thereof to the board by theUnited States post office.
36-1-104. Acceptance of school lands.
Underthe provisions of article 18 of the constitution of the state of Wyoming, thestate of Wyoming hereby accepts the lands granted to it by the act of congressentitled "An act to provide for the admission of the state of Wyoming intothe union, and for other purposes", approved July 10, 1890, for thepurposes in the said act specified; and hereby accepts the grant of numberedschool sections mineral in character as made by the act of congress entitled"An act confirming in states and territories title to lands granted by theUnited States of America in aid of common or public schools", approvedJanuary 25, 1927, subject to the provisions and conditions of the said act, andthe said lands so granted by the United States of America to the state ofWyoming are hereby solemnly set apart to the purposes specified in the saidacts.
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 thestate will be advanced by granting, conveying or deeding to the United Statesof America, any lands which have been heretofore granted, selected by, andpatented to the state, then, in such case said board is hereby authorized andempowered to so grant, convey and deed to the United States of America, suchlands. And the president of said board, and the director are authorized andempowered 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 permitand allow this state to select, and have patented to it, an equal area of otherlands in lieu of the lands so reconveyed to the United States of America;provided, however, that the state shall not give both surface and mineralrights with any lands exchanged unless it receives the same from the federalgovernment.
36-1-106. Exchange of state-owned and federal-owned lands.
Thestate of Wyoming, in accordance with the provisions of the Taylor Grazing Actand other acts of congress authorizing the exchange of federal-owned lands, ishereby authorized and empowered to exchange state-owned lands for federal-ownedlands.
36-1-107. Exchange of state-owned and privately owned lands.
Thestate of Wyoming is also authorized to exchange state-owned lands for privatelyowned lands.
36-1-108. Pole Mountain district of Medicine Bow national forest;history and relinquishment of legislative jurisdiction by federal government.
(a) By W.S. 19-7-301, the legislature of the state of Wyomingceded 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, exclusivejurisdiction was extended to future additions to such post. The Pole Mountaindistrict of the Medicine Bow national forest was set aside for militarypurposes by Executive Order No. 4245, dated June 5, 1925, as amended by PublicLand Order No. 1897, dated July 10, 1959. Use for military purposes terminatedin accordance with Public Land Order No. 2446, dated July 20, 1961.
(b) 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 ofWyoming such measure of legislative jurisdiction as he deemed desirable oversuch lands. On December 24, 1964, Orville L. Freeman, secretary of thedepartment of agriculture, United States of America, notified the governor ofthe state of Wyoming that the United States relinquishes and retrocedes to thestate of Wyoming any and all legislative jurisdiction heretofore acquired bythe United States over lands within the Medicine Bow national forestconstituting the area known as the Pole Mountain district, created as abovestated, to take effect upon acceptance of such jurisdiction by the state ofWyoming.
36-1-109. Pole Mountain district of Medicine Bow national forest;acceptance by state.
Thestate of Wyoming hereby accepts legislative jurisdiction over the Pole Mountaindistrict of the Medicine Bow national forest.
36-1-110. Authority of director to effect and complete exchanges.
Thedirector is hereby authorized and empowered, subject to the approval of the stateboard of land commissioners, to effect and complete such exchange ofstate-owned lands for federal-owned lands; and also to effect and complete suchexchange of state-owned lands for privately owned lands; and to do any and allthings necessary or required to be done by the state of Wyoming in order toenable said state to comply with the provisions of said Taylor Grazing Act andother acts of congress authorizing the exchange of federal-owned lands, and anyorder, rule or regulation passed or promulgated in pursuance thereof; and toeffect and complete the exchange of state-owned lands for privately-ownedlands. The board of land commissioners may authorize the purchase of landsonly in an amount necessary to effect and complete the exchange of state-ownedlands for other lands and only for those lands identified in the authorizationof purchase. The board shall not use the power of eminent domain pursuant toW.S. 1-26-801 et seq. to purchase any lands under this section.
36-1-111. Orders, rules and regulations relative to exchange of lands.
(a) The board of land commissioners is hereby authorized andempowered to pass and promulgate all such orders, rules and regulations as maybe necessary or required relative to the appraisal and valuation of the landsto be exchanged as provided in this act, and to provide for the execution ofconveyances, contracts and other instruments pertaining to the exchange of thelands, and to enable the director to effect and complete each exchange of thelands. The board may authorize the purchase of lands only in an amountnecessary to effect and complete the exchange of state-owned lands for otherlands and only for those lands identified in the authorization of purchase. Theboard shall not use the power of eminent domain pursuant to W.S. 1-26-801 etseq. to purchase any lands under this section. The board of land commissionersis authorized to promulgate rules and regulations necessary to implement theexchange of state lands on a value for value basis. The exchange program mayauthorize a cash equalization receipt or payment of up to twenty-five percent(25%) of the value of the lands exchanged. Any receipt shall be depositedinto, and any payment shall be made from, the permanent land fund. State landsmay be exchanged upon the board's finding the exchange is necessary to:
(i) Make state lands more manageable where the lands are nototherwise manageable;
(ii) Meet a specific need of a school or community for land;
(iii) Better meet the multiple use objectives for the benefit ofthe trust; or
(iv) Realize a clear long term benefit to the trust whichsubstantially exceeds the present and probable future benefit from continuedownership.
36-1-112. Cutting of timber by lessee of state lands prohibited;general penalty for violations; damages.
(a) The lessee of state lands shall in no case be allowed tocut or use more timber therefrom, than shall be necessary for the improvementof such lands, or for fuel for the use of the family of the lessee. Thedirector may, in his discretion and subject to criteria established by theboard, sell and dispose of timber located or growing on state lands, at notless than the reasonable market value thereof.
(b) Removal of forest products from state lands is permittedonly under a valid contract or small sale permit. Any person who knowingly orwith reckless disregard removes forest products from state lands without properauthorization is guilty of a misdemeanor and shall be fined not more than sevenhundred fifty dollars ($750.00), imprisoned for not more than six (6) months,or both. In addition to these penalties, a person removing forest productsfrom state lands without proper authorization is liable for damages up to theamount of three (3) times the bid value of the most recent auction of similarspecies and product, or the appraised value whichever is greater, plus actualrestoration and administrative costs.
36-1-113. Repealed By Laws 1997, ch. 200, 2.
36-1-114. Protection of prehistoric ruins; permits to excavate,regulations and violations.
Beforeany excavation on any prehistoric ruins, pictographs, hieroglyphics, or anyother ancient markings, or writing or archaeological and paleontologicaldeposits in the state of Wyoming on any state or federal lands, shall beundertaken, a permit shall first be obtained from the state board of landcommissioners. The state board of land commissioners is hereby authorized topromulgate and enforce such regulations as it may deem needful to protect fromvandalism or injury the prehistoric ruins, relics, archaeological andpaleontological deposits of the state, as well as all natural bridges andnatural scenic features and formations. Any violation of such regulations shallbe a misdemeanor.
36-1-115. Protection of prehistoric ruins; consent to removal fromstate.
Noperson shall remove from the state of Wyoming any part of any such ruins ordeposit except with the consent of the state board of land commissioners. Saidboard may require, as a condition to such consent, that such portion of suchrelics, materials, or deposit as said board shall require, shall forever remainthe property of the state of Wyoming.
36-1-116. Protection of prehistoric ruins; penalty.
(a) Except as provided by subsection (d) of this section, anyperson violating any of the provisions of this act shall be guilty of amisdemeanor and shall be fined not less than twenty-five dollars ($25.00) ormore than one hundred dollars ($100.00), or imprisoned in the county jail notmore than six (6) months, or by both fine and imprisonment, and shall forfeitto the state all articles and materials discovered by or through his efforts.
(b) Persons holding permits or leases on state lands may notsublease or subcontract archeological or paleontological removal without priorwritten approval of the board.
(c) All state leases are subject to inspection by state orcounty law enforcement agencies or their designees for violation of W.S.36-1-114 and 36-1-115.
(d) Any person who, for monetary gain or for commercial or anyother purpose, removes any archeological or paleontological artifacts inviolation of W.S. 36-1-114 or 36-1-115 with a cumulative value in excess offive hundred ($500.00), shall be guilty of a felony and upon conviction shallbe fined up to ten thousand dollars ($10,000.00), imprisoned for up to ten (10)years, or both.
36-1-117. Sale or trade of state lands; hearing upon request of countycommissioners.
Nosale or trade of any state land including state land currently held by thestate of Wyoming shall be made without a public hearing in the county in whichthe land is located if a hearing is requested by the county commissioners.
36-1-118. Sale of experimental farms and stations.
(a) The board of trustees of the University of Wyoming isauthorized and empowered on behalf of the state to sell and to execute anydocument of title necessary to convey title to any agricultural experimentalfarm or station in Uinta county, in Laramie county and if in existence beforeJanuary 1, 2003, in Goshen county, title to which is held in the name of thestate of Wyoming, provided:
(i) The sale is made for adequate consideration and complieswith all statutory requirements;
(ii) Proceeds of the sale shall be credited to the University ofWyoming.
36-1-119. Posting notice of restrictions to public lands;restrictions; penalties.
(a) No person shall post a notice on any public land or on apublic road as defined by W.S. 24-1-133(b) restricting access to public landsunless the restriction has been approved by the governing body havingjurisdiction over the public land.
(b) For purposes of this section "public land" meansany land under the jurisdiction of the board of land commissioners or under thejurisdiction of any political subdivision of the state which the public isauthorized to use without obtaining legal permission from a private landowner.
(c) The governing body or its authorized representative havingjurisdiction over the public land shall issue a written demand to any personwho unlawfully posts a notice in violation of subsection (a) of this sectiondirecting that the notice be removed within three (3) days following receipt ofthe notice. The demand shall be delivered in person by a peace officer ormailed by both first class mail and certified mail return receipt requested tothe person's last known mailing address. Any person who knowingly posts anillegal notice or who fails to remove an illegal notice within three (3) daysafter receiving the demand from the governing body is guilty of a misdemeanor.If the person cannot be personally served because he deliberately made himselfunavailable for service, or refused to accept delivery of the demand bycertified mail, then he shall be guilty of a misdemeanor if he fails to removethe illegal notice within five (5) days after the demand was mailed to him bythe governing body. Any person convicted of a misdemeanor under this sectionshall be punished by a fine up to six hundred dollars ($600.00) for each daythe person fails to remove the illegal notice. For a second or subsequentoffense, 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.
(d) It shall be a defense to any charge under this section,that severe weather or other circumstance not within control of the personcharged prevented removal of the notice.
36-1-120. Posting of public access to state lands; signage.
(a) The office of state lands and investments shall supervisethe placement of signs on state lands readily identifiable by the office, usingtrained volunteers. The signs shall indicate that the land is administered bythe board of land commissioners.
(b) The signage shall be placed:
(i) On identifiable state land that has legal access;
(ii) To reasonably identify state land that is adjacent to, orcontiguous with, private land and which is accessible to the public forhunting, fishing or recreation.
(c) The signage shall include notice that:
(i) Motorized vehicles shall be confined to established roads;and
(ii) Use of the state land is subject to board of landcommissioners' rules.
(d) For purposes of this section, "state land" meansany land under the jurisdiction of the board of land commissioners, which thepublic is authorized to use without obtaining legal permission from a privatelandowner.
36-1-121. Conservation easements.
(a) Except for any conservation easement received or acceptedby the board before the effective date of this act, the board shall not acceptor receive any conservation easement pursuant to W.S. 34-1-202.
(b) Except for any conservation easement received or acceptedby the board before the effective date of this act, the board shall not beconsidered a "holder" pursuant to W.S. 34-1-201(b)(ii)(A).
ARTICLE 4 - EMERGENCY FIRE SUPPRESSION ACCOUNT
36-1-401. Definitions.
(a) As used in this article:
(i) "Division" means the Wyoming state forestrydivision of the office of state lands and investments;
(ii) "Emergency fire" means a fire located in a ruralarea which is, or clearly threatens to be, beyond the fire control resources ofthe county responsible for suppression of the fire or the state if the fire islocated on state lands;
(iii) "Emergency fire suppression account" or"account" means the account created by W.S. 36-1-402;
(iv) "Participating county" means a county which hasentered into a contract with the division to participate in the emergency firesuppression account and has paid the assessments provided by W.S. 36-1-404.
36-1-402. Emergency fire suppression account; creation; investment offunds; authorized expenditures.
(a) There is created the emergency fire suppression account.The account shall include all legislative appropriations, all assessments paidinto the account by participating counties and all income from investments ofmonies in the account. Appropriations to the account shall not lapse at theend of any fiscal period.
(b) The state treasurer shall invest any portion of the fundsin the account which the state forester determines is not needed for immediateuse. Investments shall be made as authorized by W.S. 9-4-715(a), (d) and (e).
(c) Upon written approval of the state forester, expendituresshall be made out of the account to participating counties and the division forthe actual costs of suppressing emergency fires.
(d) If the state forester determines monies in the account maybe insufficient to make reimbursement for the full cost of suppressing allemergency fires occurring or which may occur during the year, he may delaypaying reimbursement to any entity until the close of the program year at whichtime available monies shall be prorated among those entitled to reimbursementat an amount less than one hundred percent (100%).
36-1-403. Powers and duties of state forester.
(a) The state forester shall:
(i) Administer the emergency fire suppression account;
(ii) Enter into contracts on behalf of the division withcounties desiring to participate in the account;
(iii) Establish and collect assessments from participatingcounties in accordance with this article;
(iv) Adopt rules governing the administration of the emergencyfire suppression account and to carry out the purposes of this article.
36-1-404. Participation by counties; assessments; withdrawal fromparticipation; forfeiture of assessments for failure to pay assessments.
(a) Counties desiring to participate in the emergency firesuppression account shall enter into a written contract with the state foresterand shall pay the assessments provided for in this section.
(b) Each participating county shall pay an annual assessment tothe account in an amount equal to:
(i) Four-tenths of a cent ($.004) per acre for each acre ofprivate land in the county as determined by reference to the current equalitystate almanac published by the department of administration and information;plus
(ii) An amount equal to .00002 times the assessed valuation ofthe county.
(c) Participation in the account shall be on a fiscal yearbasis and annual assessments shall be paid on or before July 15 of each year inwhich the county elects to participate in the account.
(d) Repealed by Laws 2008, Ch. 8, 2.
(e) Any county electing to participate in the account in anyyear may become a participating county by paying an initial assessment equal tothe annual assessment computed for that county under subsection (b) of thissection multiplied by three (3).
(f) Any county electing to withdraw from participation in theaccount or failing to pay the annual assessment when due shall forfeit all ofits rights to the account and any assessments previously paid by that countyshall remain in the account.