State lands leasing procedures.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0318

ENROLLED ACT NO. 68, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF WYOMING
2007 GENERAL SESSION

AN ACT relating to state lands; amending conditions that must be met by a lessee applying to renew an expiring lease on state lands; restructuring and renumbering provisions; repealing a lease renewal provision; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 36
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105(a), by creating new subsections (b) and (c), by renumbering (b) as (d) and by renumbering (c) and (d) as (f) and (g) is amended to read:

36
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105.

Criteria for leasing; preferences; assignments, subleases or contracts; lands taken for war purposes; mineral lands excepted; agricultural lands.

(a)

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.
Except as herein provided

(b)

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
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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
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101(b), for the use of the forage or other commodity available annually on the land for a period of ten (10) years.

(c)

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
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101, shall have a preferred right to renew such lease by meeting the highest bid offered
which
by another qualified applicant who has actual and necessary use for the land and available forage and whose bid
is based on the fair market value
,
using the formula developed by the board pursuant to W.S. 36
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101(b), for the same or a similar use of
the
land.

(b)
(d)

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.

(c)
(f)

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.

(d)
(g)

Provided further, that this act shall not be applicable to the leasing of state mineral lands under the provisions of W.S. 36
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101 through 36
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105, as amended.

Section 2.

W.S. 36
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105(e) is repealed.

Section 3.

This act is effective July 1, 2007.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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