Land management program.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0055

SENATE FILE
NO.
SF0103

Land management program.

Sponsored by:
Senator(s)
Jennings

A BILL

for

AN ACT relating to administration of government; creating the land management program in the office of state lands and investment; specifying duties of the program; providing an appropriation; authorizing positions;
providing for a sunset date;
and providing for an effective date.

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

Section 1.

W.S. 36
‑
3
‑
201 through 36
‑
3
‑
209 are created to read:

ARTICLE 2
OFFICE OF LAND MANAGEMENT

36
‑
3
‑
201.

Definitions.

(a)

As used in this article:

(i)

"Federal land management agency" means the bureau of land management, the United States forest service, the national park service, the bureau of reclamation, the United States fish and wildlife service, the army corps of engineers, the United States department of defense or any other federal agency with management responsibilities for federal lands in Wyoming;

(ii)

"Management
board
" means the management
board
of the land management program;

(iii)

"Manager" means the manager of the land management program;

(iv)

"Program" means the land management program within the office of state lands and investments, real estate management and farm loans division
.

36
‑
3
‑
202.

Land management program created; functions.

(a)

There is created within the office of state lands and investments, real estate management and farm loans division, the land management program.

(b)

The program shall facilitate the transfer of management responsibilities for specified federal lands in
Wyoming
from federal land management agencies to the program or other assigned state agencies. The program shall manage the transferred lands in accordance with the terms of this article.

36
‑
3
‑
203.

A
uthority to negotiate land transfers.

(a)

The program shall enter into negotiations with federal land management agencies as the representative of the state for the transfer of federal lands to state management.

(b)

The program shall be charged with managing or assigning management of the lands as mandated by the agreements with the federal land management agencies. The program shall manage
the
lands in trust for the optimum benefit of the citizens of
Wyoming
and the
United States
.

36
‑
3
‑
204.

Appointment of manager; qualifications of manager; term; employment of assistants.

The management
board
shall appoint a manager of the program who is the program's administrative head. The manager shall possess technical qualifications and administrative and other experience sufficient to fulfill the duties of his position. The manager shall serve at the pleasure of the management
board
. The manager may employ professional, technical and other assistants, along with other employees as may be necessary to carry out the purposes of this article.

36
‑
3
‑
205.

Powers and duties of the manager.

(a)

In addition to any other powers and duties imposed by law, the manager shall:

(i)

Perform any and all acts necessary to promulgate, administer and enforce the provisions of this article and any rules, regulations, orders, limitations, standards, requirements or permits adopted, established or issued thereunder, and to exercise all incidental powers as necessary to carry out the purposes of this article;

(ii)

Advise, consult and cooperate with other agencies of the state, the federal government, other states, interstate agencies and other persons in furtherance of the purposes of this article;

(iii)

Represent the state in any matters pertaining to plans, procedures or negotiations for interstate compacts or other intergovernmental arrangements relating to this article;

(iv)

Accept, receive and administer any grants, gifts, loans or other funds made available from any source for the purposes of this article. Any monies received by the manager pursuant to this paragraph shall be deposited with the state treasurer in the account or fund as provided by law for the purpose designated;

(v)

To administer, in accordance with this article, any permit or certification system which may be established hereunder;

(vi)

To recommend to the management
board
that any rule, regulation, standard or any amendment adopted hereunder may differ in its terms and provisions as between particular types, characteristics, quantities, conditions and circumstances of land, water or other resources managed and as between particular areas of the state;

(vii)

Exercise the powers and duties conferred and imposed by this article.

(b)

The manager is authorized, with the approval of the management
board
, to issue any grazing, timber harvest or other permit or license as authorized and specified in the terms of the agreements reached with the federal land management agencies.

(c)

In addition to any other powers and duties imposed by law, the program shall allow the permitting and reporting requirements of this article to be conducted electronically as provided by the Uniform Electronic Transaction Act, W.S. 40
‑
21
‑
101 through 40
‑
21
‑
119 and any applicable federal electronic requirements.

36
‑
3
‑
206.

Management
board

created; membership; terms; removal; meetings.

(a)

There is created a management
board
for the land management
program
consisting of eleven (11) members. Nine (9) members of the
board
shall be appointed by the governor with the advice and consent of the senate. Of the remaining two (2) members, one (1) shall be appointed by the governor upon the recommendation of the senate as expressed by the president of the senate, one (1) shall be appointed by the governor upon the recommendation of the house as expressed by the speaker of the house. The governor may remove any member of the
board
as provided in W.S. 9
‑
1
‑
202. At all times, there shall be two (2) members from the agricultural community, two (2) members from the mineral industry, two (2) members from the sportsmen community and two (2) members from the tourism community. The remaining three (3) members shall be members at large.

(b)

The terms of the members shall be four (4) years, except that of the initial appointments: three (3) members shall serve for two (2) years, four (4) members shall serve for three (3) years and four (4) members shall serve for four (4) years, as designated by the initial appointment. If a vacancy occurs, the governor shall appoint a new member as provided in W.S. 28
‑
12
‑
101.

(c)

The management
board
shall hold its first meeting no later than July 1, 2007 to elect a chairman from among the members to serve a two (2) year term. The management
board
shall also elect from its membership a vice-chairman and a secretary, each for a term of two (2) years, and shall keep a record of its proceedings.

(d)

The management
board
shall hold at least four (4) regularly scheduled meetings each year. Additional meetings may be called by the chairman, and additional meetings shall be called by the chairman upon a written request submitted by four (4) or more members. Six (6) members shall constitute a quorum. All matters shall be decided by a majority vote of those
board
members present.

(e)

Members of the
board
shall receive mileage, per diem and salary for attending
board
meetings or other meetings as assigned by the chairman, in the same amount as state legislators. Members of the
board
shall receive no other compensation for serving on the
board
.

(f)

Appointments and terms under this section shall be in accordance with W.S. 28
‑
12
‑
101 through 28
‑
12
‑
103.

36
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3
‑
207.

Powers and duties of the management
board
.

(a)

The management
board
shall direct and assist the manager in the development and
implementation
of comprehensive plans and systems for the management of lands controlled by the program.

(b)

The management
board
shall direct and assist the manager in the adoption of rules, regulations and standards to implement and carry out the provisions and purposes of this article which relate to the program.

(c)

The management
board
shall counsel with, advise and direct the manager in the administration and performance of all the duties of the program and shall make an annual written report to the director.

(
d
)

The manager and staff shall provide the
board
with meeting facilities, secretarial or clerical assistance, supplies and such other assistance as the
board
may require in the performance of its duties.

36
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3
‑
208.

Negotiating teams; duties; terms of projects.

(a)

The manager, with the approval of the management
board
, shall have the authority to employ negotiating teams, on a contract basis, to contact federal agencies and develop projects for the transfer of federal lands to the program for management purposes.

(b)

The terms of the agreements entered into with the federal agencies shall:

(i)

Require the federal government to pay a minimum of seventy-five percent (75%) of the current cost of management of the land to be managed by the office;

(ii)

Create a fire suppression account:

(A)

Requiring the federal government to pay at least one cent ($.01) per acre managed by the program for fire suppression on the contracted land;

(B)

Containing a reserve of not less than twenty million dollars ($20,000,000.00) and not more than twenty-five million dollars ($25,000,000.00);

(C)

Requiring when the reserve in the fire suppression account falls below twenty million dollars ($20,000,000.00) the federal government will be assessed a monthly charge of one cent ($.01) per acre managed by the program until the reserves in the account reach twenty-five million dollars ($25,000,000.00).

(c)

All agreements entered into by a negotiating team with a federal land management agency shall be approved by the management
board
and the board of land commissioners before it is executed.

(d)

The manager shall appoint the negotiating team, with the consent of the management
board
.

(e)

The salaries and compensation of the negotiating team shall be set by the manager with the approval of the management
board
.

36
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3
‑
209.

Existing permit requirements.

Nothing in this article shall supersede any other applicable state permitting requirement.

Section 2.
The management
board
shall appoint a manager of the land management program not later than September 1, 2007. The governor shall appoint the management
board
no later than June 1, 2007. The first meeting of the management
board
shall be held not later than July 1, 2007.

Section 3.
Three
million dollars ($
3
,000,000.00) is appropriated from the general fund to the land management program for the fiscal biennium ending June 30, 2008. Three (3) full-time positions, including the manager, are authorized for the operation of the land management program, the management
board
and for the purposes of this act. Upon successful completion of the land management contracts authorized by this act between the program and a federal land management agency, the manager may employ additional full-time employees for program sections managing
United States
forest service, bureau of land management or national park contracts. Each section may employ one (1) supervisor and two (2) office personnel as needed to achieve the purposes of this act.

Section 4.
This act will sunset January 31, 2010.

Section
5
.
This act is effective April 1, 2007.

(END)

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SF0103