Natural resource large project funding.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0069

ENROLLED ACT NO. 34, SENATE

SIXTIETH LEGISLATURE OF THE STATE OF
WYOMING
2010 BUDGET SESSION

AN ACT relating to the Wyoming Wildlife and Natural Resource Funding Act; providing for funding of large projects under that act; specifying large projects approved for funding in 2010; amending funding for specified previously approved large projects; requiring specified conservation easements to include the state of Wyoming as a third party beneficiary as specified; providing appropriations; providing for reversion of funds; and providing for an effective date.

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

Section 1.

W.S. 9
‑
15
‑
501 through 9
‑
15
‑
508 are created to read:

ARTICLE 5
2010 LARGE PROJECT FUNDING

9
‑
15
‑
501
.

Sixty Seven Ranch
Easement.

(a)

Authorization is granted for funding of the following large project as provided in this section.

(b)

Project: Sixty Seven Ranch easement:

(i)

Project sponsor: Green River Valley Land Trust;

(ii)

Project purpose: Permanent use restriction on approximately eight thousand four hundred (8,400) acres in Sublette county in order to:

(A)

Preclude loss of habitat for moose, mule deer, antelope, waterfowl, amphibians, fisheries, songbirds and other species;

(B)

Maintain essential migration routes for moose, mule deer, elk and sage grouse; and

(C)

Maintain agricultural
production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: Five million five hundred thousand dollars ($5,500,000.00);

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor five hundred thousand dollars ($500,000.00) for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board five hundred thousand dollars ($500,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2013.

9
‑
15
‑
502
.

Sage Creek CRM
.

(a)

Authorization is granted for funding of the following large project as provided in this section.

(b)

Project: Sage Creek CRM:

(i)

Project sponsor:
Big Horn County Weed and
Pest
;

(ii)

Project purpose: Removal of invasive Russian olive, saltcedar and other vegetation and restoration of native and improved vegetation on approximately eight thousand (8,000) acres in Big Horn county in order to:

(A)

Improve hydrologic and watershed function, including water yield and use; and

(B)

Maintain habitats for native and game species including deer, turkey, pheasants, songbirds, fish and amphibians.

(iii)

Project description: Invasive species eradication and landscape restoration;

(iv)

Total project budget:
Eight
hundred
eighty-two
thousand dollars ($
882
,000.00);

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor two hundred thousand dollars ($200,000.00) for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board one hundred thousand dollars ($100,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2013.

9
‑
15
‑
503
.

Greybull

River
Watershed
.

(a)

Authorization is granted for funding of the following large project as provided in this section.

(b)

Project:
Greybull

River
Watershed:

(i)

Project sponsor: South Big Horn Conservation District;

(ii)

Project purpose: Removal of invasive Russian olive, saltcedar and other vegetation and restoration of native and improved vegetation on portions of a watershed comprising approximately two hundred fifty-six thousand three hundred eighty-six (256,386) acres in Big Horn county in order to:

(A)

Improve hydrologic and watershed function, including water yield and use; and

(B)

Maintain habitats for native and game species including deer, turkey, pheasants, songbirds, fish and amphibians.

(iii)

Project description: Invasive species eradication and landscape restoration;

(iv)

Total project budget: Two million five hundred seventy thousand dollars ($2,570,000.00);

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor three hundred thousand dollars ($300,000.00) for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board one hundred fifty thousand dollars ($150,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2013.

9
‑
15
‑
504
.

Shoshone/Clarks Fork Watershed
.

(a)

Authorization is granted for funding of the following large project as provided in this section.

(b)

Project: Shoshone/Clarks Fork Watershed:

(i)

Project sponsor: Park County Weed Management;

(ii)

Project purpose: Removal of invasive Russian olive, saltcedar and other vegetation and restoration of native and improved vegetation on portions of a watershed of approximately eight hundred fifteen thousand (815,000) acres in Park county in order to:

(A)

Improve hydrologic and watershed function, including water yield and use; and

(B)

Maintain habitats for native and game species including deer, turkey, pheasants, songbirds, fish and amphibians.

(iii)

Project description: Invasive species eradication and landscape restoration;

(iv)

Total project budget: One million seven hundred eighty thousand dollars ($1,780,000.00);

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor three hundred thousand dollars ($300,000.00) for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board one hundred fifty thousand dollars ($150,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2013.

9
‑
15
‑
505
.

Shepperson Ranch Conservation Easement
.

(a)

Authorization is granted for funding of the following large project as provided in this section.

(b)

Project: Shepperson Ranch easement:

(i)

Project sponsor: Wyoming Stock Growers Agricultural Land Trust;

(ii)

Project purpose: Permanent use restriction on approximately thirteen thousand six hundred fifty-seven (13,657) acres in Park county in order to:

(A)

Preclude loss of habitat for moose, mule deer, elk, antelope, sage grouse, cutthroat trout, waterfowl, songbirds and other species;

(B)

Maintain essential migration routes for antelope, elk and mule deer; and

(C)

Maintain agricultural production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: One million twenty thousand dollars ($1,020,000.00);

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor two hundred eighty thousand dollars ($280,000.00) for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board two hundred eighty thousand dollars ($280,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2013.

9
‑
15
‑
506
.

Beckton Ranch Easement
.

(a)

Authorization is granted for funding of the following large project as provided in this section.

(b)

Project: Beckton Ranch easement:

(i)

Project sponsor: The Nature Conservancy;

(ii)

Project purpose: Permanent use restriction on approximately one thousand twenty-eight (1,028) acres in
Sheridan
county in order to:

(A)

Preclude loss of habitat for elk, mule deer, antelope, sharp-tailed grouse, songbirds and other species;

(B)

Maintain essential migration routes for elk and mule deer; and

(C)

Maintain agricultural production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: Two million
four
hundred
seventy
-six thousand dollars ($2,
47
6,000.00);

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor three hundred fifty thousand dollars ($350,000.00) for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board three hundred fifty thousand dollars ($350,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2013.

9
‑
15
‑
507
.

Upper Gros Ventre Wetlands.

(a)

Authorization is granted for funding of the following large project as provided in this section.

(b)

Project: Upper Gros Ventre Wetlands:

(i)

Project sponsors: Wyoming Wetland Society;

(ii)

Project purpose: Maintain and enhance wetland and riparian habitats and migration corridors for elk, bighorn sheep, mule deer, antelope, trumpeter swan and other species on approximately nine (9) miles of the Gros Ventre River in Teton county;

(iii)

Project description: Re-establishment and enhancement of stream and wetland habitats, including hydrologic modifications, vegetation management and other physical improvements;
(iv)

Total project budget: Two million six hundred
five
thousand dollars ($
2,
60
5
,000
.00
) over an anticipated period of approximately three (3) years;

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsors two hundred twenty-one thousand two hundred dollars ($221,200.00) over a period of not more than three (3) years for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board two hundred twenty-one thousand two hundred dollars ($221,200.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2013.

9
‑
15
‑
508
.

Laramie River
Restoration
.

(a)

Authorization is granted for funding of the following large project as provided in this section.

(b)

Project:
Laramie River
Restoration:

(i)

Project sponsor: Laramie Beautification Committee;

(ii)

Project purpose: Re-establishment of stream function and elimination of bank erosion on approximately four (4) miles of the Laramie River within the City of
Laramie
in
Albany
county in order to:

(A)

Reduce or eliminate erosion and loss of stable stream banks which provide habitat for songbirds, small mammals, deer and other species;

(B)

Improve hydrologic function of the watershed and improve fisheries habitat and migration routes; and

(C)

Improve water quality and quantity.

(iii)

Project description: Re-establishment of a functional stream through placement of stream altering structures and vegetation;

(iv)

Total project budget: One million one hundred eighty thousand
three
hundred
ninety-three
dollars ($1,180,
393
.00) over an anticipated period of approximately three (3) years;

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor three hundred forty-four thousand dollars ($344,000.00) over a period of not more than three (3) years for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board one hundred seventy-two thousand dollars ($172,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2013.

Section 2.
W.S. 9
‑
15
‑
201(b)(
i
v)
through
(vi), 9
‑
15
‑
302(b)(iv) through (vi), 9
‑
15
‑
309(b)(iv) through (vi), 9
‑
15
‑
402(b)(iv) through (vi) and 9
‑
15
‑
405(b)(ii),
(iv),
(v) and (vi) are amended to read:

9
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15
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201.

Wyoming
wildlife and natural resource large project funding; 2007
.

(b)

Project – Bates Creek Watershed Restoration:

(iv)

Total project budget:
One million sixty thousand seven hundred fifty dollars ($1,060,750.00)
two million four hundred twenty-five thousand dollars ($2,425,000.00)

over an anticipated period of approximately sixteen (16) years;

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsors not to exceed
five hundred sixty-seven thousand two hundred ninety-three dollars ($567,293.00)

eight hundred sixty-seven thousand two hundred ninety-three dollars ($867,293.00)
over a period of not more than three (3) years for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board three hundred thousand dollars ($300,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. In addition to any amounts appropriated prior to
2009
, there is appropriated from th
e income account to the board two hundred sixty-seven thousand two hundred ninety-three dollars ($267,293.00)

or as much thereof as is necessary to carry out the purpose of this subsection.
In addition to any amounts
appropriated
prior to 2010, there is appropriated from the income account to the board three hundred thousand dollars ($300,000.00) or as much thereof as is necessary to carry out the
purposes
of this subsection.
Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), unexpended and unobligated funds appropriated under this subsection shall not lapse on June 30,
2008

2012
, but shall revert to the income account on June 30,
2012

2013
.

9
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15
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302.

Wyoming

Range

Aspen

E
nhancement.

(b)

Project –
Wyoming

Range
Aspen Enhancement:

(iv)

Total project budget:
One million ninety thousand dollars ($1,090,000.00)

Two
million
four
hundred
forty
thousand dollars ($
2
,
440
,000.00)
over an anticipated period of approximately three (3) years;

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsors
four hundred ten thousand dollars ($410,000.00)

six hundred thirty thousand dollars ($630,000.00)
over a period of not more than three (3) years for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board two hundred sixty thousand dollars ($260,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. In addition to any amounts appropriated prior to
2009
, there is appropriated from the income account to the board
one hundred fifty thousand dollars ($150,000.00)

or as much thereof as is necessary to carry out the purpose of this subsection.
In addition to any amounts appropriated prior to 2010, there is appropriated from the income account to the board two hundred twenty thousand dollars ($220,000.00) or as much thereof as is necessary to carry out the purposes of this subsection.
Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), unexpended and unobligated funds appropriated under this subsection shall not lapse on June 30, 2010, but shall revert to the income account on June 30,
2012

2013
.

9
‑
15
‑
309.

Yellowtail CRM II
.

(b)

Project – Yellowtail CRM II:

(iv)

Total project budget:
Nine hundred forty-four thousand five hundred dollars ($944,500.00)

One million
seven
hundred
eighty
thousand dollars ($1,
780
,
0
00.00)
over an anticipated period of approximately three (3) years;

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor
two hundred thousand dollars ($200,000.00)

four hundred thousand dollars ($400,000.00)
over a period of not more than
three (3)

six (6)
years for the purposes specified in this subsection;

(vi)

Appropriation:
T
here is appropriated from the income account to the board
two hundred thousand dollars ($200,000.00)

or as much thereof as is necessary to carry out the purpose of this subsection.
In addition to any
amounts
appropriated prior to 2010, there is appropriated from the income account to the board one hundred ten thousand dollars ($110,000.00) or as much thereof as is necessary to carry out the
purposes
of this subsection.
Notwithstanding W.S. 9
‑
2
‑
1008, 9
‑
2
‑
1012(e) and 9
‑
4
‑
207(a), unexpended and unobligated funds appropriated under this subsection shall not lapse on June 30, 2010, but shall revert to the income account on June 30,
2011

2013
.

9
‑
15
‑
402
.

Cottonwood-North Bench easements.

(b)

Project: Cottonwood-North Bench easements:

(iv)

Total project budget:
Three million one hundred twenty-four thousand nine hundred dollars ($3,124,900.00)

F
ive
million
nine
hundred
four
thousand nine hundred dollars ($
5
,
904
,900.00)
;

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor
three hundred ninety thousand dollars ($390,000.00)

seven
hundred forty thousand dollars ($
740
,000.00)
for the purposes specified in this subsection;

(vi)

Appropriation:
Th
ere is appropriated from the income account to the board
one hundred ninety-five thousand dollars ($195,000.00)
or as much thereof as is necessary to carry out the purpose of this subsection.
In addition to any amounts appropriated prior to 2010 there is appropriated from the income account to the board three hundred fifty thousand dollars ($350,000.00) or as much there as is necessary to carry out the purposes of this subsection.
Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30,
2011

2013
.

9
‑
15
‑
405
.

Sublette wildlife fence initiative.

(b)

Project: Sublette wildlife fence initiative:

(ii)

Project purpose: Promote the seasonal migration of mule deer and antelope on approximately
thirty-seven thousand five hundred (37,500)

seventy thousand (70,000)
acres in southwest
Wyoming
to reduce or eliminate loss of wildlife;

(iv)

Total project budget:
Two million four hundred six thousand one hundred eighty dollars ($2,406,180.00)

six million eighty-four thousand dollars ($6,084,000.00)

over an anticipated period of approximately three (3) years;

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor
two hundred thousand dollars ($200,000.00)

four hundred thousand dollars ($400,000.00)
over a period of not more than three (3) years for the purposes specified in this subsection;

(vi)

Appropriation:
T
here is appropriated from the income account to the board

two hundred thousand dollars ($200,000.00)
or as much thereof as is necessary to carry out the purpose of this subsection.
In addition to any amounts appropriated prior to 2010, there is appropriated from the income account to the board an additional two hundred thousand dollars ($200,000.00) or as much thereof as is necessary to carry out the purposes of this subsection.
Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30,
2012

2013
.

Section 3.
Each conservation easement for which funding is authorized under Section 1 of this act shall include the state of Wyoming as a third party beneficiary with the right to enforce the terms of the agreement and, if the easement is transferred or extinguished, the right to recover the state's pro rata share of funds provided for the creation of the easement up to one hundred percent (100%) of the funds granted by the state for the creation of the easement.

Section 4.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(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

1