State lands.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0030

ENROLLED ACT NO. 15, SENATE

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

AN ACT relating to state lands; distinguishing state lands from public lands; modifying legislative committee name; and providing for an effective date.

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

Section 1.

W.S. 9
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4
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305, 9
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15
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104(f)(v), 28
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11
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101(b)(iii), 36
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1
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114, 41
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2
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118(a)(iii), 41
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2
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1001(c) and 41
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3
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742(a)(iv) are amended to read:

9
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4
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305.

Disposition of state land revenue.

(a)

Any and all funds accruing from
public
state
lands set aside for the benefit or use of any public institution or organization specified in W.S. 9
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4
‑
303 shall be deposited in the state treasury.

(b)

Proceeds from the sale of
the public
state
lands, mineral royalties and any money designated by the Wyoming constitution or Wyoming statutes as collected shall be transmitted to the state treasurer and credited to the proper accounts within the permanent land fund, except as provided by article 7, section 2 of the Wyoming constitution, thirty-three and one-third percent (33 1/3%) of the mineral royalties received from the lease of any school lands but not to exceed eight million dollars ($8,000,000.00) during any one (1) year, shall be deposited into the public school capital construction account. To the extent constitutionally permissible and notwithstanding any other provision of law, at the end of every fiscal year, the state treasurer shall transfer to the corpus of each account within the permanent land fund, except the common school account, from the income earned on the corresponding account within the permanent land fund, to the extent available, an amount as provided by this subsection. In determining the amount to be withheld, the state treasurer shall calculate the fiscal year beginning balance and ignore any appropriations made from the account within that fiscal year. For the fiscal year 2000, he shall transfer an amount equal to five percent (5%) of the inflation rate for the previous twelve (12) month period as determined by the department of administration and information multiplied by the beginning balance of each permanent land fund account, except the common school account. At the end of each succeeding fiscal year, the state treasurer shall increase the amount to be multiplied by that year's inflation rate by five percent (5%) until such time as the multiplier reaches one hundred percent (100%) of the inflation rate, and then multiply that amount by the beginning balance of each permanent land fund account, except the common school account.

(c)

Except as provided by subsection (b) of this section, rentals for the ordinary use of the
public
state
lands, bonuses, interest on purchase money, interest from investment of money in corresponding accounts within the permanent land fund, and any money designated by the Wyoming constitution or Wyoming statutes as collected shall be transmitted to the state treasurer and credited to the proper accounts within the permanent land income fund or to the general fund as provided by the Wyoming Funds Consolidation Act and W.S. 9
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4
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311.

9
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15
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104.

Wildlife and natural resource trust account board established; terms; meetings; duties.

(f)

The board shall adopt rules and regulations in accordance with the Wyoming Administrative Procedure Act as necessary to carry out its duties under this act, including rules to:

(v)

Evaluate the effects of grant proposals on citizen access to public
and state
lands for hunting, fishing and recreation activities;

28
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11
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101.

Appointment of members; powers and duties; related duties of water development commission.

(b)

The select committee shall:

(iii)

Prepare and submit to the joint agriculture,
state and
public lands and water resources interim committee as part of the report required of the water development commission under W.S. 41
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2
‑
118(a) not later than January 1 of each year a report detailing the water development commission's progress, the activities of the committee, specifying any committee recommendations and continue development of a water policy as provided by Section 15, Chapter 60, 1982 Session Laws;

TITLE 36
STATE LANDS

36
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1
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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
public
state or federal
lands,
either state or federal,
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.

41
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2
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118.

Powers, duties, salaries and expenses of commission.

(a)

The commission shall:

(iii)

Submit an annual report of its activities, expenses, recommendations and other items to the governor and the joint agriculture,
state and
public lands and water resources interim committee by December 31;

41
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2
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1001.

Creation; use of funds; interest.

(c)

The Wyoming water development commission shall annually review the accounts created by subsection (a) of this section and report to the joint agriculture,
state and
public lands and water resources interim committee in the report required under W.S. 41
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2
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118(a) the amount of funds in any account which are in excess of that amount needed to meet obligations specified in subsections (d) through (j) of this section. Funds in excess of the amount needed to meet obligations specified in
subsection
subsections
(d) through (j) of this section shall be deposited in water development account I created by W.S. 41
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2
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124(a)(i).

41
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3
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742.

Powers generally.

(a)

The board shall have power on behalf of said districts:

(iv)

To construct and maintain works and establish and maintain facilities across or along any public street or highway, and in, upon, or over any vacant
public
state
lands which
public
lands are now, or may become, the property of the state of Wyoming and to construct works and establish and maintain facilities across any stream of water or water course; providing, however, that the district shall promptly restore any such street or highway to its former state of usefulness as nearly as may be, and shall not use the same in such manner as to completely or unnecessarily impair the usefulness thereof. The grant of the right to use such vacant lands shall be effective upon the filing by such district with the state board of land commissioners of an application showing the boundaries, extent and locations of the lands, rights
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of
‑
way, or easements desired for such purposes. If the land, rights
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of
‑
way or easements for which application shall be made is for the construction of any aqueduct, ditch, pipeline, conduit, drains, tunnel, or other works for the conveyance of water, or for roads, or for poles or towers, and wires for the conveyance of electrical energy or for telephonic or telegraphic communication no compensation shall be charged the district therefor, unless in the opinion of the state board of land commissioners the construction of such works will render the remainder of the legal subdivision through which such works are to be constructed valueless or unsaleable, in which event the district shall pay for the lands to be taken and for such portion of any legal subdivision which in the opinion of the board is rendered valueless or unsaleable, at the rate of ten dollars ($10.00) per acre. If the lands for which application is made are for the purposes other than the construction of roads or works for the conveyance of water, or electricity or telephonic or telegraphic communication, such district shall pay to the state for such lands at the rate of ten dollars ($10.00) per acre. Upon filing such application, accompanied by map or plat showing the location or proposed location of such works and/or facilities, the fee title to so much of such state lands as shall be necessary or convenient to enable such district efficiently and without interference to construct, maintain and operate its works and to establish, maintain and operate its facilities, shall be conveyed to said district by patent. If an easement for right
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of
‑
way only over such lands be sought by the district, such easement or right
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of
‑
way shall be evidenced by permit or grant executed by or on behalf of the state board of land commissioners. The state board of land commissioners may reserve easements and/or rights
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of
‑
way, in the public, across any lands in such patents, grants or permits described for streets, roads and highways theretofore established according to law. Before any such patent, grant or permit shall be executed, any compensation due to the state under the provisions hereof, must be paid. No fee shall be exacted from the district for any patent, permit or grant so issued or for any service rendered hereunder. In the use of streets, the district shall be subject to the reasonable rules and regulations of the county, city or town where such streets lie, concerning excavation and the refilling of excavation, the relaying of pavements and the protection of the public during periods of construction; provided, that the district shall not be required to pay any license or permit fees, or file any bonds. The district may be required to pay reasonable inspection fees;

Section 2.

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 Senate.

Chief Clerk

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