State control of certain land.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0443.E1

SENATE FILE
NO.
SF0105

State control of certain land.

Sponsored by:
Senator(s)
Jennings
and Representative(s) Kroeker

A BILL

for

AN ACT relating to
public lands
;
requiring
a plan from the
Wyoming
attorney general

for the transfer and management of federal lands
as specified;
requiring the plan to include consideration of an offer to purchase federal lands;
amending definitions

concerning
which federal lands are subject to the act
;
and providing for an effective date.

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

Section
1
.

W.S. 36
‑
12
‑
102(b)(intro)
,
(iv) and (v) and by creating a new paragraph (vi),
36
‑
12
‑
108
(c)
and 36
‑
12
‑
109
(a)
(ii) through (iv) are
amended to read:

36
‑
12
‑
102.

Management.

(b)

The
board of land commissioners

Wyoming
attorney general

shall develop a plan for the transfer and management of lands and minerals subject to this act.
The plan shall be developed in phases and the first phase shall explore and report on the legal feasibility of developing the plan and shall identify persons or entities that may have research or other data that can assist in developing the plan
.
This
plan will be submitted to the governor and legislature prior to
January 1,
1983

2012

and will be subject to their approval.
Such a management plan shall consider

If the first phase is approved by the governor and legislature, the plan shall be further developed to complete an inventory of the lands affected within
Wyoming
and to propose a timeline for enactment of the plan. This portion of the plan shall be submitted to the governor and the legislature no later than one (1) year after approval of the first phase. If approved by the governor and legislature, the plan shall then be finalized by adding the following considerations which, when complete, shall be submitted to the governor and legislature for final approval
:

(iv)

Conservation of lands for wildlife habitat or recreational purposes;

and

(v)

Program regarding use or transfer of lands to municipalities and other governmental entities for public purposes
;
.

and

(vi)

Making the federal government an offer to purchase the lands
.

36
‑
12
‑
108.

Enforcement of provisions; civil actions; penalties
; court of jurisdiction
.

(c)

Any person who attempts to exercise jurisdiction over land secured under this act in a manner not permitted by the laws of the state is guilty of a felony punishable by imprisonment for not less than two (2) years nor more than ten (10) years

and a
fine of not more than
ten thousand dollars ($10,000.00)
.

36
‑
12
‑
109.

Definition.

(a)

As used in this act "land" means all land and water within the exterior boundaries of the state of
Wyoming
except land and water:

(ii)

To which title was held by the state or a municipality in the state before
March 1,
1980

2012
;

(iii)

Which is controlled by the
United States
department of defense on
March 1,
1980

2012
;

(iv)

Which was a
congressionally designated

national park, national monument, land held in trust for Indians, wildlife refuge or wilderness area established prior to
January 1,
l980

2012
.

Section 2
.

This act is effective July 1, 2011.

(END)

1
SF0105