Large project funding.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0062

ENROLLED ACT NO. 51, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL 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 2011; amending funding
and timing
for specified previously approved large projects; requiring specified conservation easements to include the state of Wyoming as a third party beneficiary as specified; requiring certifications regarding kickbacks and gifts
;
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
‑
601 through 9
‑
15
‑
61
4
are created to read:

ARTICLE 6
2011 LARGE PROJECT FUNDING

9
‑
15
‑
601.

Golden
Willow
Ranch e
asement I
.

(a)

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

(b)

Project: Golden Willow
Ranch e
asement I:

(i)

Project sponsor: Wyoming Stock Growers Agricultural Land Trust;

(ii)

Project purpose: Permanent use restriction on approximately seven thousand eighty-four (7,084) acres in
Sheridan
county in order to:

(A)

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

(B)

Maintain agricultural production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: Two million seventy-five thousand dollars ($2,075,000.00);

(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
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

9
‑
15
‑
602.

Mowry Ranch conservation e
asement
.

(a)

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

(b)

Project: Mowry Ranch easement:

(i)

Project sponsor: Wyoming Stock Growers Agricultural Land Trust;

(ii)

Project purpose: Permanent use restriction on approximately two thousand thirty-five (2,035) acres in Carbon county in order to:

(A)

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

(B)

Secure habitat for sage g
rouse in a core population area; and

(C)

Maintain agricultural production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: Two million forty-five thousand dollars ($2,045,000.00);

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor four hundred fifty thousand dollars ($450,000.00) for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board four hundred fifty thousand dollars ($450,000.00) or as much thereof as is necessary to carry out the purpose
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

9
‑
15
‑
603.

McKinney
Ranch conservation e
asement
.

(a)

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

(b)

Project: McKinney Ranch conservation easement:

(i)

Project sponsor: The Conservation Fund;

(ii)

Project purpose: Permanent use restriction on approximately two thousand seven hundred (2,700) acres in
Fremont
county in order to:

(A)

Preclude loss of habitat for mule deer, sage grouse, antelope, amphibians, songbirds and other species;

(B)

Secure migration routes and crucial habitats for sage grouse in a core population area; and

(C)

Maintain agricultural production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: One million two hundred seventy thousand dollars ($1,270,000.00);

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor two hundred fifty thousand dollars ($250,000.00) for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board two hundred fifty thousand dollars ($250,000.00) or as much thereof as is necessary to carry out the purpose
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

9
‑
15
‑
604.

Little
Snake River
a
spen
.

(a)

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

(b)

Project: Little Snake River a
spen:

(i)

Project sponsor: Little Snake River Conservation District;

(ii)

Project purpose: Removal of conifers and stimulation of aspen production in areas where aspen are a primary habitat for a variety of wildlife species on approximately twelve thousand (12,000) acres in Carbon county in order to:

(A)

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

(B
)

Restore and maintain habitat
for native and game species including deer, elk, moose, mountain grouse, songbirds and small mammals.

(iii)

Project description: Eradication of encroaching species and landscape restoration;

(iv)

Total project budget: One million six hundred thousand ($1,600,000.00);

(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 one thousand eight hundred eight dollars ($101,808.00) or as much thereof as is necessary to carry out the purpose
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

9
‑
15
‑
605.

North Piney moose h
abitat
.

(a)

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

(b)

Project: North Piney moose h
abitat:

(i)

Project sponsor: The Conservation Fund;

(ii)

Project purpose: Permanent use restriction on approximately ten thousand (10,000) acres in Sublette county in order to:

(A)

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

(B)

Secure migra
tion routes and crucial habitat
for sage grouse in a core population area; and

(C)

Maintain agricultural production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: Eight million dollars ($8,000,000.00);

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor one million dollars ($1,000,000.00) for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board one million dollars ($1,000,000.00) or as much thereof as is necessary to carry out the purpose
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

9
‑
15
‑
606.

Savery Creek riparian h
abitat
.

(a)

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

(b)

Project: Savery Creek riparian h
abitat:

(i)

Project sponsor: Little Snake River Conservation District;

(ii)

Project purpose: Stream habitat restoration, irrigation system improvements and bank stabilization on a large watershed in Carbon county in order to:

(A)

Improve hydrologic and watershed function, including water yield and flood abatement; and

(B)

Maintain habitat
for native fish and wildlife species including mule deer, moose, songbirds, waterfowl and amphibians.

(iii)

Project description: Reestablishment of functional stream through placement of stream altering structures and vegetation;

(iv)

Total project budget: Three million one hundred fifty-three thousand six hundred seventy-five dollars ($3,153,675.00);

(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 one hundred sixty
-
three thousand eight hundred thirty dollars ($163,830.00) or as much thereof as is necessary to carry
out the purpose
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

9
‑
15
‑
607.

Fish Creek/Green River h
abitat
.

(a)

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

(b)

Pr
oject: Fish Creek/Green River h
abitat:

(i)

Project sponsor: The Conservation Fund;

(ii)

Project purpose: Permanent use restriction on approximately one thousand five hundred (1,500) acres in Sublette county in order to:

(A)

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

(B)

Secure migration route
s and crucial habitat
for native fish, moose, elk and mule deer; and

(C)

Maintain agricultural production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: One million six hundred thousand dollars ($1,600,000.00);

(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 three hundred thousand dollars ($300,000.00) or as much thereof as is necessary to carry out the purpose
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

9
‑
15
‑
608.

Tyler Place
conservation e
asement
.

(a)

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

(b)

Project:
Tyler Place
conservation easement:

(i)

Project sponsor:
Wyoming

Land
Trust;

(ii)

Project purpose: Permanent use restriction on approximately one thousand six hundred (1,600) acres in Sublette county in order to:

(A)

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

(B)

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

(
C
)

Maintain agricultural production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: Two million one hundred nine thousand seven hundred fifty dollars ($2,109,750.00);

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor four hundred thousand dollars ($400,000.00) for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board four hundred thousand dollars ($400,000.00) or as much thereof as is necessary to carry out the purpose
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

9
‑
15
‑
609.

Badwater Ranch conservation e
asement
.

(a)

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

(b)

Project: Badwater Ranch c
onservat
ion e
asement:

(i)

Project sponsor: The Conservation Fund;

(ii)

Project purpose: Permanent use restriction on approximately twenty thousand (20,000) acres in
Fremont
county in order to:

(A)

Preclude loss of habitat for mule deer, elk, sage grouse, antelope and other species;

(B)

Provide hunting access to approximately sixty-six thousand
(66,000)
acres of public and private lands
;
and

(C)

Maintain agricultural production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: Three million three hundred twenty thousand dollars ($3,320,000.00);

(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
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

9
‑
15
‑
610.

Alta open l
ands
.

(a)

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

(b)

Project: Alta open l
ands:

(i)

Project sponsor: Jackson Hole Land Trust;

(ii)

Project purpose: Permanent use restriction on approximately four hundred ninety-one (491) acres in Teton county in order to:

(A)

Preclude loss of habitat for elk, mule deer, moose, bighorn sheep and other species;

(B)

Maintain open lands and essential migration routes in a heavily developed habitat area; and

(
C
)

Maintain agricultural production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: Four million dollars ($4,000,000.00);

(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
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

9
‑
15
‑
611.

Vee Cross Ranch conservation e
asement
.

(a)

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

(b)

Project: Vee Cross Ranch conservation easement:

(i)

Project sponsor: Wyoming Game and Fish Commission;

(ii)

Project purpose: Permanent use restriction on approximately two thousand one hundred (2,100) acres in
Lincoln
county in order to:

(A)

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

(B)

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

(C)

Allow for public access to public lands that have not been accessible
;
and

(D)

Maintain agricultural production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: Two million thirty-one thousand two hundred dollars ($2,031,200.00);

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor four hundred thousand dollars ($400,000.00) for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board four hundred thousand dollars ($400,000.00) or as much thereof as is necessary to carry out the purpose
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

9
‑
15
‑
612.

Angle N Ranch conservation e
asement
.

(a)

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

(b)

Project: Angle N Ranch conservation easement:

(i)

Project sponsor: Wyoming Game and Fish Commission;

(ii)

Project purpose: Permanent use restriction on approximately three thousand thirty-six (3,036) acres in Weston county in order to:

(A)

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

(B)

Maintain agricultural production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: One million five hundred seventeen thousand six hundred eighty dollars ($1,517,680.00);

(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 three hundred thousand dollars ($300,000.00) or as much thereof as is necessary to carry out the purpose
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

9
‑
15
‑
613.

Little
Snake River
r
estoration
.

(a)

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

(b)

Project: Little Snake River
r
estoration:

(i)

Project sponsor: Little Snake River Conservation District;

(ii)

Project purpose: Stream habitat restoration, irrigation system improvements and bank stabilization on portions of a watershed comprising approximately six and one-half (6.5) miles of river in Carbon county in order to:

(A)

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

(B)

Ma
intain habitat
for native fish and wildlife species including deer, songbirds, waterfowl and amphibians.

(iii)

Project description: Reestablishment of functional stream through placement of stream altering structures and vegetation;

(iv)

Total project budget: One million eight hundred forty-three thousand two hundred dollars ($1,843,200.00);

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor
two hundred forty
-
five thousand dollars ($245,000.00)
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 p
urpose
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

9
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15
‑
6
14.

HF Bar Ranch conservation e
asement
.

(a)

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

(b)

Project: HF Bar Ranch conservation easement:

(i)

Project sponsor: Rocky Mountain Elk Foundation;

(ii)

Project purpose: Permanent use restriction on approximately two thousand (2,000) acres in Johnson county in order to:

(A)

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

(B)

Maintain agricultural production.

(iii)

Project description: Conservation easement;

(iv)

Total project budget: Four million thirty-five thousand dollars ($4,035,000.00);

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor eight hundred thousand dollars ($800,000.00) for the purposes specified in this subsection;

(vi)

Appropriation: There is appropriated from the income account to the board eight hundred thousand dollars ($800,000.00) or as much thereof as is necessary to carry out the purpose
s
of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 2014.

Section 2
.

W.S. 9
‑
15
‑
302(b)(iv) through (vi), 9
‑
15
‑
309(b)(iv) through (vi) and 9
‑
15
‑
508(b)(iv) through (vi) are amended to read:

9
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15
‑
302.

Wyoming

Range

Aspen
Enhancement
.

(b)

Project –
Wyoming

Range
Aspen Enhancement:

(iv)

Total project budget:
Two million four hundred forty thousand dollars ($2,440,000.00)

Two million twenty thousand dollars ($2,020,000.00)
over an anticipated period of approximately
three (3)

four (4)
years;

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsors
six hundred thirt
y thousand dollars ($630,000.00)

seven hundred forty thousand dollars ($740,000.00)
over a period of not more than
three (3)

four (4)

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.

In addition to any amounts appropriated prior to 2011, 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,

2013

2014
.

9
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15
‑
309.

Yellowtail CRM II
.

(b)

Project – Yellowtail CRM II:

(iv)

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

Two million dollars ($2,000,000.00)
over an anticipated period of approximately
three (3)

five (5)
years;

(v)

Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor
four hundred thousand dollars ($400,000.00)

five
hundred ten thousand dollars ($
5
10,000.00)
over a period of not more than
six (6)

five (5)
years for the purposes specified in this subsection;

(vi)

Appropriation: There 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.

In addition to any amounts appropriated prior to 2011, 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,
2013

2014
.

9
‑
15
‑
508.

Laramie River
Restoration
.

(b)

Project:
Laramie River
Restoration:

(iv)

Total project budget:
One million one hundred eighty thousand three hundred ninety-three dollars ($1,180,393.00)

One million four hundred twenty-eight thousand six hundred eleven dollars ($1,428,611.00)
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)

four hundred forty-seven thousand six hundred eleven dollars ($447,611.00)
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.

In addition to any amounts appropriated prior to 2011, there is appropriated from the income account to the board one hundred three thousand six hundred eleven dollars ($103,611.00) 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,
2013

2014
.

Section 3
.

Each conservation easement for which funding is authorized under Section 1 or 2 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
.

Before any distribution of funds
is
made pursuant to the appropriations authorized by Sections 1 and 2 of this act, the person receiving the funds
shall
certify that no gratuities, kickbacks, gifts, commissions, contingency fees or other considerations have been or will be made in connection with the appropriation or the associated grant made by the Wyoming wildlife and natural resource trust account board.

Section
5
.

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