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SF0042 • 2012
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 2012; 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.
This bill passed the Legislature and reached final enactment based on the latest official action.
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Standing Committee • BURNS
Plain English: Adopted Standing Committee by BURNS
Assigned Chapter Number
Governor Signed SEA0033
H Speaker Signed SEA No. 0033
S President Signed SEA No. 0033
Assigned Number SEA0033
H Passed 3rd Reading
H Passed 2nd Reading
H Passed CoW
H Placed on General File
H02 Recommended Do Pass
H Rereferred to H02
H Placed on General File
H06 Recommended Do Pass
H Introduced and Referred to H06
H Received for Introduction
S Passed 3rd Reading
S Passed 2nd Reading
S Passed CoW
S Amendments Adopted
Amendment Adopted
S Placed on General File
S02 Recommended Do Pass
S Rereferred to S02
S Placed on General File
S06 Recommended Amend and Do Pass
S Introduced and Referred to S06
S Received for Introduction
Bill Number Assigned
SF0042 Bill No.: SF0042 Drafter: IDS LSO No.: 12LSO-0196 Effective Date: March 9, 2012 Enrolled Act No.: SEA0033 Chapter No.: CH0062 Prime Sponsor: Select Natural Resource Funding Committee Catch Title: Large project funding. Subject: Wyoming Wildlife and Natural Resource Funding Act. Summary/Major Elements: All projects with a cumulative total grant from the Wildlife and Natural Resource Act in excess of $200,000.00 must be approved by the Legislature. This act approves 12 new projects for funding under the Wyoming Wildlife and Natural Resource Funding Act. The act also amends one prior project ( 9-15-503. Greybull River Watershed) to reflect additional monies granted to the project. The act requires that the state of Wyoming be included as a third party beneficiary in any conservation easement entered pursuant to the Wyoming Wildlife and Natural Resources Funding Act. This act requires that the state be given the right to enforce the terms of the conservation easements and recoup the state's pro-rata share of funds provided for the creation of the easements. The new projects approved for funding are: o Munn Place conservation easement o Devil's Tower conservation easement o North Cottonwood conservation easement o Luman Ranch conservation easement o Johnson sections conservation easement o Diamond G conservation easement o Wunder Ranch conservation easement o Richie Ranch conservation easement o Mooncrest/MC Ranch conservation easements o Weber Ranch conservation easement o Double A Ranch conservation easement o Three Bar X Ranch conservation easement
WORKING DRAFT ORIGINAL SENATE FILE NO. 0042 ENROLLED ACT NO. 33, SENATE SIXTY-FIRST LEGISLATURE OF THE STATE OF WYOMING 2012 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 proje cts approved for funding in 2012 ; 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 ‑ 701 through 9 ‑ 15 ‑ 712 are created to read: ARTICLE 7 2012 LARGE PROJECT FUNDING 9 ‑ 15 ‑ 7 01. Munn Place c onservation e asement . (a) Authorization is granted for funding of the following large project as provided in this section. (b) Project: Munn Place conservation e asement: (i) Project sponsor: Wyoming Land Trust; (ii) Project purpose: Permanent use restriction on approximately two thousand two hundred eighty ( 2, 280 ) acres in S ublette county in order to: (A) Preclude loss of habitat for deer, antelope, sage grouse, songbirds , amphibians and other species; and (B) Secure habitat for sage grouse in a core population area; and ( C ) Maintain agricultural production. (iii) Project description: Conservation easement; (iv) Total project budget: One m illion eight hundred twenty -f our thousand dollars ($ 1,824 ,000.00); (v) Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor two hundred seventy-three thousand six hundred dollars ($ 273 , 6 00.00) for the purpose s specified in this subsection; (vi) Appropriation: There is appropriated from the income account to the board t wo hundred seventy-three thousand six hundred dollars ($ 273 , 6 00.00) 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, 201 5 . 9 ‑ 15 ‑ 7 02. Devils Tower c onservation e asement. (a) Authorization is granted for funding of the following large project as provided in this section. (b) Project: Devils Tower conservation e asement: (i) Project sponsor: Wyoming Stock Growers Agricultural Land Trust; (ii) Project purpose: Permanent use restriction on approximately seven thousand four hundred ninety-three ( 7,493 ) acres in C rook county in order to: (A) Preclude loss of habitat for deer, amphibians, fisheries, songbirds , raptors and other species; (B) Secure viewsheds of significant local, regional and national importance ; and (C) Maintain agricultural production. (iii) Project description: Conservation easement; (iv) Total project budget: Eight million nine hundred three thousand fifteen dollars ($ 8,903,015 .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 purposes of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 201 5 . 9 ‑ 15 ‑ 7 03. North Cottonwood c ons ervation e asement. (a) Authorization is granted for funding of the following large project as provided in this section. (b) Project: North Cottonwood Ranch c onservation e asement: (i) Project sponsor: The Conservation Fund; (ii) Project purpose: Permanent use restriction on approximately fifteen th ousand three hundred forty ( 15,340 ) acres in Sublette county in order to: (A) Preclude loss of habitat for moose, mule deer, elk, 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: Twelve million one hundred thirty-seven thousand two hundred fifty dollars ($ 12 , 137,250 .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 purpose s 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 purposes of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 201 5 . 9 ‑ 15 ‑ 7 04. Luman Ranch c onservation e asement . (a) Authorization is granted for funding of the following large project as provided in this section. (b) Project: Luman Ranch conservation e asement: (i) Project sponsor: Wyoming Land Trust; (ii) Project purpose: Permanent use restriction on approximately two thousand one hundred fifty - six ( 2,156 ) acres in S ublette county in order to: (A) Preclude loss of habitat for deer, antelope, moose, waterfowl, sage grouse, songbirds , amphibians, fish and other species; (B) Secure habitat for sage grouse in a core population area; and ( C ) Maintain agricultural production. (iii) Project description: Conservation easement; (iv) Total project budget: Two m illion seventy-five thousand one hundred fifty dollars ($ 2,075,150 .00); (v) Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor three hundred eleven thousand two hundred seventy-two dollars ($ 311,272 .00) for the purpose s specified in this subsection; (vi) Appropriation: There is appropriated from the income account to the board t hree hundred eleven thousand two hundred seventy-two dollars ($ 311,272 .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, 201 5 . 9 ‑ 15 ‑ 7 05. Johnson sections conservation e asement. (a) Authorization is granted for funding of the following large project as provided in this section. (b) Project: Johnson sections conservation e asement : (i) Project sponsor: Wyoming Land Trust ; (ii) Project purpose: Permanent use restriction on approximately one thousand five hundred sixty (1,560 ) acres in Sublette county in order to: (A) Preclude loss of habitat for moose, mule deer, elk, sage grouse, songbirds and other species; (B) Secure migration 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: One million four hundred eighteen thousand forty dollars ($ 1,418,040 .00); (v) Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor two hundred twelve thousand seven hundred six dollars ($ 212,706 .00) for the purposes specified in this subsection; (vi) Appropriation: There is appropriated from the income account to the board two hundred twelve thousand seven hundred six dollars ($ 212,706.00 ) 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, 201 5 . 9 ‑ 15 ‑ 7 06. Diamond G conservation e asement . (a) Authorization is granted for funding of the following large project as provided in this section. (b) Project: Diamond G conservation e asement : (i) Project sponsor: Jackson Hole Land Trust ; (ii) Project purpose: Permanent use restriction on approximately five thousand one hundred thirty ( 5,130 ) acres in Fremont county in order to: (A) Preclude loss of habitat for elk, mule deer, moose, amphibians, fisheries, songbirds , raptors and other species; (B) Secure viewsheds of significant local, regional and national importance ; and (C) Maintain agricultural production. (iii) Project description: Conservation easement; (iv) Total project budget: Twenty million seventy-five t housand dollars ($ 20,075,000 .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 purposes of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 201 5 . 9 ‑ 15 ‑ 7 07. Wunder Ranch conservation e asement . (a) Authorization is granted for funding of the following large project as provided in this section. (b) Project: Wunder Ranch c onser vation e asement : (i) Project sponsor: Jackson Hole Land Trust ; (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 and migration routes for elk, mule deer, s age grouse, antelope, amphibians, songbirds and other species; (B) Secure migration 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: Two million three h undred three thousand dollars ($ 2,303 ,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 ($ 5 00,000.00) for the purpose s specified in this subsection; (vi) Appropriation: There is appropriated from the income account to the board five hundred thousand dollars ($ 5 00,000.00) 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, 201 5 . 9 ‑ 15 ‑ 7 08. Richie Ranch c onservation e asement. (a) Authorization is granted for funding of the following large project as provided in this section. (b) Project: Richie Ranch conservation easement: (i) Project sponsor: Wyoming Game and Fish Commission; (ii) Project purpose: Permanent use restriction on approximately one thousand three hundred seventy-nine ( 1,379 ) acres in Sublette county in order to: (A) Preclude loss of habitat for moose, mule deer, elk, sage grouse, waterfowl, fish, songbirds and other species; (B) Secure migration 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: Two million five hundred twenty-five t housand dollars ($2, 525 , 0 00.00); (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 purpose s specified in this subsection; (vi) Appropriation: There is appropriated from the income account to the board four hundred thousand dollars ($400,000.00) or as much thereof as is necessary to carry out the purposes of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 201 5 . 9 ‑ 15 ‑ 7 09. Mooncrest/MC Ranch c on servation e asement s . (a) Authorization is granted for funding of the following large project as provided in this section. (b) Project: Mooncrest/MC Ranch c onservation easement s : (i) Project sponsor: Wyoming Land Trust; (ii) Project purpose: Permanent use restriction on approximately seventeen thousand nine hundred fifty-three ( 17,953 ) acres in Park county in order to: (A) Preclude loss of habitat for mule deer, bighorn sheep, elk, sage grouse, antelope and other species; (B) Secure migration routes and crucial habitat for sage grouse in a core population area; and (C) Maintain agricultural production. (iii) Project description: Conservation easement; (iv) Total project budget: Fourteen million twenty -five thousand dollars ($ 14,025 ,000.00); (v) Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor one million dollars ($ 1,0 00,000.00) for the purpose s specified in this subsection; (vi) Appropriation: There is appropriated from the income account to the board one million dollars ($ 1,0 00,000.00) 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, 201 5 . 9 ‑ 15 ‑ 7 10. Weber Ranch conservation e asement . (a) Authorization is granted for funding of the following large project as provided in this section. (b) Project: Weber Ranch conservation e asement : (i) Project sponsor: The Nature Conservancy ; (ii) Project purpose: Permanent use restriction on approximately four thousand one hundred sixty-six (4 ,166 ) acres in Carbon county in order to: (A) Preclude loss of habitat for elk, mule deer, antelope, sage grouse, songbirds and other species; (B) Secure migration routes and crucial habitat for elk and mule d eer in an area with high incidents of vehicle collisions ; and (C) Maintain agricultural production. (iii) Project description: Conservation easement; (iv) Total project budget: One million six hundred sixty-eight thousand seven hundred eighteen dollars ($ 1,668,718 .00); (v) Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor three hundred twenty thousand dollars ($3 2 0,000.00) for the purposes specified in this subsection; (vi) Appropriation: There is appropriated from the income account to the board three hundred twenty thousand dollars ($3 2 0,000.00) or as much thereof as is necessary to carry out the purposes of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to the income account on June 30, 201 5 . 9 ‑ 15 ‑ 7 11. Double A Ranch conservation e asement . (a) Authorization is granted for funding of the following large project as provided in this section. (b) Project: Double A Ranch conservation e asement : (i) Project sponsor: The Nature Conservancy ; (ii) Project purpose: Permanent use restriction on approximately two thousand three hundred eighty-two ( 2,382 ) acres in Fremont county in order to: (A) Preclude loss of habitat for elk, mule deer, antelope, sage grouse, songbirds, amphibians and other species; (B) Secure migration routes and crucial habitat for sage grouse directly adjacent to a core population area ; and (C) Maintain agricultural production. (iii) Project description: Conservation easement; (iv) Total project budget: Two million three hundred fifty-three thousand five hundred eighteen dollars ($ 2,353,518 .00); (v) Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor four hundred thousand dollars ($ 40 0,000.00) for the purpose s specified in this subsection; (vi) Appropriation: There is appropriated from the income account to the board four hundred thousand dollars ($ 40 0,000.00) 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, 201 5 . 9 ‑ 15 ‑ 7 12. Three Bar X Ranch conservation e asement . (a) Authorization is granted for funding of the following large project as provided in this section. (b) Project: Three Bar X Ranch conservation e asement : (i) Project sponsor: The Nature Conservancy ; (ii) Project purpose: Permanent use restriction on approximately one thousand two hundred twenty ( 1,220 ) acres in Fremont county in order to: (A) Preclude loss of habitat for elk, mule deer, antelope, sage grouse, songbirds and other species; (B) Secure migration 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: One million one hundred sixty-nine thousand six hundred eighty-four dollars ($ 1,169,684 .00); (v) Project grant: The Wyoming wildlife and natural resource trust account board is authorized to grant to the sponsor t wo hundred twenty thousand dollars ($ 22 0,000.00) for the purposes specified in this sub section; (vi) Appropriation: There is appropriated from the income account to the board t wo hundred twenty thousand dollars ($ 22 0,000.00) 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, 201 5 . Section 2 . W. S. 9 ‑ 15 ‑ 503(b)(iv) through (vi) is amended to read: 9 ‑ 15 ‑ 503 . Greybull River Watershed . (b) Project: Greybull River Watershed: (iv) Total project budget: Two million five hundred seventy thousand dollars ($2,570,000.00) Three million six hundred ninety-five thousand dollars ($3,695,000.00) ; (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) 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 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 2012, there is appropriated from the income account to the board an additional 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 2015 . 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 completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution. (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