State land transactions.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0205.E1

SENATE FILE

NO.
SF0020

State land transactions.

Sponsored by:
Joint Agriculture, State and Public Lands and Water Resources Interim Committee

A BILL

for

AN ACT relating to
state lands; requiring state agencies to obtain the advice and consent of the board of land commissioners
before the
receipt
, acquisition, exchange, sale or disposal of land
;
and providing for an effective date.

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

Section 1.

W.S. 36
‑
2
‑
111 is created to read:

36
‑
2
‑
111.

Advice and consent for the sale, exchange or acquisition of land.

No state

agency
, board, commission, department, division or other instrumentality or officer
shall receive, acquire,
exchange, sell or otherwise dispose of land without first receiving the advice and consent of the board.

Section 2.

W.S. 11
‑
10
‑
107, 19
‑
7
‑
103(b)(x) through (xii)
and (xvi)
, 21
‑
17
‑
204(a)(iv), 23
‑
1
‑
302(a)(iii)
(intro), (iv) and
(v),
33
‑
19
‑
106(b), 35
‑
11
‑
1205(a)(intro),
36
‑
4
‑
104(a)(i)
,

36
‑
4
‑
106(a), 36
‑
4
‑
107, 36
‑
4
‑
108(a)
and 41
‑
2
‑
114(a)(iv)(C) are amended to read:

11
‑
10
‑
107.

Power of board to acquire land; authority to make rules and regulations; renting and use of fairgrounds; gambling and liquor prohibited.

Subject to W.S. 36
‑
2
‑
111, t
he board may acquire by donation or lease in the name of the state any lands necessary for conducting the state fair, and may make all rules and regulations necessary for
the conduct
and government of the exhibitions, the sale of privileges, and the proper control, operation and conduct of the state fair not inconsistent with the constitution and laws of this state. The board may rent out or donate the use of the state fairgrounds for stabling and training stock and holding stock sales. The grounds may be used free of charge for encampment grounds for the state militia under the
direction of the adjutant general of the state. The board may permit the grounds and facilities to be used for other purposes and may charge fees as it deems necessary to pay the expenses of maintaining the grounds and facilities. The board shall not permit any gambling device of any nature to be operated on the grounds, or permit any unlawful betting, or permit any intoxicating liquors to be sold thereon except as provided by W.S. 12
‑
4
‑
505.

19
‑
7
‑
103.

Adjutant general; appointment; rank; removal; duties and qualifications.

(b)

The adjutant general of Wyoming shall have powers and duties and be paid a salary as follows:

(x)

Subject to W.S. 36
‑
2
‑
111, h
e may purchase for cash or upon contract or otherwise acquire lands within Wyoming for use by the national guard or for the use of other elements of the armed forces as an artillery and target range and training and maneuvering area. He may acquire lands for such purposes by eminent domain when the state board of land commissioners gives its written approval or consent;

(xi)

Subject to W.S. 36
‑
2
‑
111, h
e may accept gifts of land for the purposes provided by paragraph (x) of this subsection and may lease, or accept payment in kind as consideration for any lease, any of the acquired parcels of land or buildings during periods when the lands are not in use for military purposes. He may acquire and install on the land such permanent improvements, including fences, as may be necessary for the full utilization of the land for the military purposes herein declared;

(xii)

Subject to W.S. 36
‑
2
‑
111, h
e may dispose of lands, buildings or fixtures under the control of the department by sale, exchange or other transfer. He may execute deeds for such transfers in the name of the state. Money from such sale, exchange or transfer may be utilized for the acquisition of additional lands, buildings or fixtures within the same budget biennium. Any such sale, exchange or other transfer shall be conducted in accordance with the provisions of W.S. 36
‑
9
‑
101, 36
‑
9
‑
102 and 36
‑
9
‑
104 through 36
‑
9
‑
120, except these provisions of W.S. title 36, chapter 9 shall not apply when both the title to the land and to all buildings thereon is solely in the name of the department or any division of the department and the provisions of W.S. 9
‑
2
‑
1016(b)(viii) also shall not apply when both the title to the land and to all buildings thereon is solely in the name of the department or any division of the department. The sections of title 36 identified in this paragraph and W.S. 9
‑
2
‑
1016(b)(viii) also shall not apply when any such sale, exchange or other transfer is to another governmental entity, state agency or local government, as defined in W.S. 1
‑
39
‑
103, even if the title to the land and to all buildings thereon are not solely in the name of the department or a division thereof;

(xvi)

He shall control all armories that are owned, erected, p
urchased, leased or provided by the state.
Subject to W.S. 36
‑
2
‑
111, h
e may acquire, in the name of the state of Wyoming, by purchase, donation or dedication any property which may be used for military purposes. For the control and management of armories described in this paragraph, he may establish armory boards whose personnel shall serve without pay. Subject to his direction, armory boards shall control, manage and supervise all activities in armories and may rent armories to persons or organizations not connected with the organized militia;

21
‑
17
‑
204.

Additional powers and duties; sectarian or partisan instruction or test prohibited.

(a)

The board of trustees shall prescribe rules for the government of the university and all its branches, elect the requisite officers, professors, instructors and employees, a director of finance and budget and a superintendent of buildings and grounds, any of whom may be removed for cause, and fix the salary and term of office of each. The board of trustees shall prescribe the studies to be pursued and the textbooks to be used, and determine the qualifications of applicants for admission to the various courses of study. No instruction either sectarian in religion or partisan in politics shall ever be allowed in any department of the university, and no sectarian or partisan test shall ever be exercised or allowed in the appointment of trustees or in the election or removal of professors, teachers or other officers of the university or in the admission of students thereto, or for any purpose whatsoever. The board of trustees may:

(iv)

Subject to W.S. 36
‑
2
‑
111, h
old, manage, lease or dispose of, according to law, any real or personal estate as is conducive to the welfare of the institution;

23
‑
1
‑
302.

Powers and duties.

(a)

The commission is directed and empowered:

(iii)

Subject to W.S. 36
‑
2
‑
111, t
o acquire lands and waters in the name of Wyoming by purchase, lease, agreement, gift or devise, not including powers of eminent domain, and to develop, improve, operate, and maintain the same for the following purposes:

(iv)

Subject to W.S. 36
‑
2
‑
111, t
o acquire easements and construct suitable access roads leading to public lands and department lands and waters acquired pursuant to W.S. 23
‑
1
‑
302(a)(iii);

(v)

Subject to W.S. 36
‑
2
‑
111, t
o sell, exchange, lease or assign any fee ownership interest in any land, water, or other property heretofore or hereafter acquired;

33
‑
19
‑
106.

Screening; relocation or removal of junkyards; condemnation proceedings.

(b)

When the commission determines that the topography of the land adjoining the interstate or primary systems will not permit adequate screening of such junkyards, or that the screening would not be economically feasible, the commission may require the relocation, removal or disposal of the junk and junkyard by negotiation or condemnation.
Subject to W.S. 36
‑
2
‑
111, w
hen the commission determines that it is in the best interests of the state, it may acquire such land or interest in land as necessary to provide adequate screening of the junkyards.

35
‑
11
‑
1205.

Land acquisition and disposal.

(a)

Subject to W.S. 36
‑
2
‑
111, t
he state may acquire any land, by purchase, donation or condemnation, which is adversely affected by past coal mining practices if the director, with the concurrence of the governor, finds that acquisition of the land is necessary to successful reclamation and that:

36
‑
4
‑
104.

Powers; interpretive service agreements.

(a)

The department of state parks and cultural resources, in consultation with the commission, may, subject to the provisions of this act:

(i)

Subject to W.S. 36
‑
2
‑
111, a
cquire and accept title in the name of the state of Wyoming, by grant, dedication, gift, devise, donation, or demise, to any lands suitable as an outdoor recreation area or facility;

36
‑
4
‑
106.

Plan for acquisition and development of resources; authority of department; coordination of activities; exceptions; agreements with
United States
; state archaeologist.

(a)

The department of state parks and cultural resources, in consultation with the commission, shall prepare, maintain and keep up to date a comprehensive plan for the acquisition and development of outdoor recreation resources of the state. The department and the commission shall prepare the comprehensive plan in accordance with subsections (e) and (f) of this section.
Subject to W.S. 36
‑
2
‑
111, a
uthority is hereby granted to the department of state parks and cultural resources, in consultation with the commission, to develop, operate and maintain outdoor recreation areas and facilities of the state and to acquire pursuant to provisions of law, but not by the power of eminent domain, land, waters and interest in land and waters for such areas and facilities. Authority is hereby granted to the department, in consultation with the commission, to enter into contracts and agreements with the United States, or any appropriate agency thereof, to keep financial and other records relating thereto, and to furnish to appropriate officials and agencies of the United States such reports and information as may be reasonably necessary to enable such officials or agencies to perform their duties under the provisions of Public Law 88-578 or any other applicable federal statutes.

36
‑
4
‑
107.

Authority to lease;
exchange of lands and contracts with United States.

The department, in consultation with the commission, shall have the power and is hereby authorized to lease, grant or operate any outdoor recreation area or facility belonging to the state which is not subject to lease, grant or operation by another agency of the state.
Subject to W.S. 36
‑
2
‑
111, t
he department, in consultation with the commission, may exchange state lands which are not appropriated to other use for United States outdoor recreation areas and facilities, and under contract with the United States, may take over the management, leasing and operation of any such area or facility. Where the department deems it to be in the best interest of the state, it may, in consultation with the commission, contract with the United States government or any authorized federal agency for the operation of any outdoor recreation area or facility established by the department.

36
‑
4
‑
108.

Acquisition and supervision of historical parks and sites.

(a)

Subject to W.S. 36
‑
2
‑
111, t
he department, in consultation with the commission, may receive or acquire, but not by use of the power of eminent domain, historical parks and sites within the state. Nothing in this section limits the authority of the department to receive, acquire and to maintain, but not by use of the power of eminent domain, land for other outdoor recreation areas and facilities. The department shall be subject to the provisions of W.S. 36
‑
4
‑
106(e) and (f) when acting pursuant to this section.

41
‑
2
‑
114.

Development of water projects; rehabilitation of water projects.

(a)

The commission shall, on the basis of the state water plan or as otherwise directed by the legislature and after consultation with and advice from state agencies and officials, other appropriate agencies and officials, the joint business council of the Eastern Shoshone and Northern Arapaho Indian tribes, the business council of the Eastern Shoshone Indian tribe, the business council of the Northern Arapaho Indian tribe and members of the public, identify and select potential projects to be studied for inclusion in the Wyoming water development program pursuant to the following schedule:

(iv)

Level III construction and operation plans shall proceed as authorized and approved by the legislature under the immediate direction and control of the commission. Preference in the marketing of hydroelectric power from any such project shall be given to utilities serving Wyoming municipalities and to rural electric cooperatives where economical and permissible under federal law. Pursuant to legislative authorization for water development projects and prior to completion of Level III construction the commission may:

(C)

Subject to W.S. 36
‑
2
‑
111, a
cquire by purchase, lease, appropriation, gift, exchange or eminent domain, necessary land, easements and other property for construction, operation and maintenance of water projects and accept gifts, grants and contributions of money from any source;

Section 3.
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)

1
SF0020