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22LSO-0141
2022
STATE OF WYOMING
22LSO-0141
Numbered
2.0
HOUSE BILL NO. HB0054
State Parks-recreation management authority.
Sponsored by: Representative(s) Larsen and Sweeney and Senator(s) Ellis, Gierau and Landen
A BILL
for
AN ACT relating to state lands; authorizing the department of state parks and cultural resources to lease state lands for recreational purposes as specified; authorizing the department to sell permits that allow for the recreational use of leased state lands; providing for the disposition of funds generated from permit sales allowing for the recreational use of leased state lands; authorizing the department to lease or rent concessions on leased state lands; making conforming amendments; authorizing rulemaking; and providing for effective dates.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 36
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103, 36
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104(a)(vi) and (d), 36
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107, 36
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110(a), 36
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121(a)(intro) and (h) and 36
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115 are amended to read:
36
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4
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103.
What constitutes outdoor recreation areas and facilities.
For the purposes of this act, outdoor recreation areas and facilities shall include state parks, public recreation grounds, historical parks, and historical, archaeological, geological and ecological sites now in existence or hereafter created. As used in this section, W.S. 36
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4
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105 and 36
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108, "historical parks" includes all land and structures at South Pass City and Fort Fred Steele.
This section shall not be construed to limit or otherwise prohibit the department of state parks and cultural resources from entering into leasing agreements for the use of state lands for recreational purposes as authorized by W.S. 36
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107(a)(ii).
36
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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:
(vi)
Enter into agreements with Wyoming financial institutions, financial institutions or persons operating remote electronic terminals for the collection of donations for the operation and maintenance of
state lands leased for recreational purposes as authorized by W.S. 36
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4
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107(a)(ii),
Wyoming state parks, historic sites and recreation areas.
Donations received by the department pursuant to this paragraph shall be deposited in an operations and maintenance account and upon legislative appropriation shall be expended by the department for the daily operation of outdoor locations and facilities as described in W.S. 36
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103.
(d)
As used in subsections (b) and (c) of this section, "recreation areas and facilities" include
state lands leased for recreational purposes as authorized by W.S. 36
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107(a)(ii),
both indoor and outdoor facilities at state parks, historic sites, recreation areas and
historical, archaeological, geological and ecological sites as enumerated under W.S. 36
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103.
36
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4
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107.
Authority to lease; exchange of lands and contracts with United States.
(a)
The department, in consultation with the commission, shall have the power and is hereby authorized to
:
(i)
L
ease, 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
;
.
and
(ii)
Enter into leasing agreements with the board of land commissioners to use state lands for recreational purposes. The department shall be authorized to develop and manage leased state lands and to promulgate and enforce site specific rules in accordance with the terms of the lease and the rules promulgated by the board. The department shall compensate the board for the leases on
an annual basis and at rates as provided under the terms of the lease and in accordance with the rules of the board.
(b)
The 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
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4
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110.
Power to lease or rent concessions.
(a)
The department, in consultation with the commission, is empowered to lease, enter into contracts and assess fees for concessions, cabin sites, boat clubs, and other services of all lawful kinds and nature on
leased state lands as authorized by W.S. 36
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4
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107(a)(ii) if
permissible under the terms of the lease and the rules promulgated by the board of land commissioners,
state outdoor recreation areas or facilities to persons, partnerships, and corporations for a valuable consideration upon terms and conditions as the department deems fit and proper. Funds received by the department pursuant to this section shall be deposited and expended in accordance with W.S. 36
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121(h).
36
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4
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121.
Permits to use state parks, recreation areas and historic sites.
(a)
The department of state parks and cultural resources shall offer for sale permits that allow use of
state lands leased for recreational purposes as authorized by W.S. 36
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107(a)(ii) and
state parks, recreation areas, archeological sites and
historic sites as designated by the department with the approval of the Wyoming parks and cultural resources commission.
Permits may be subject to per person, per vehicle or time restrictions or any other restriction the director of the department deems appropriate.
The director may waive any permit fee imposed
pursuant to this section, offer discounts or offer at no charge complimentary permits or gift certificates for permits authorized by this section.
Except as provided in subsection (n) of this section, the cost of the permits authorized under this section shall be approved by the commission and set in an amount not to exceed the following:
(h)
The funds received by the department from the sale of the permits shall be deposited into an account within the special revenue fund, hereby created as the state parks account, and, except as otherwise provided by this subsection, may be expended by the department for capital construction projects, major maintenance, and site interpretation such as exhibits, signage and displays as approved by the legislature.
Funds received by the department under W.S. 36-4-107(a)(ii) and 36-4-110(a) from state lands leased for recreational purposes as authorized by W.S. 36-4-107(a)(ii) shall be accounted for separately within the account. The department may use the funds received under W.S. 36-4-107(a)(ii) and 36-4-110(a) from state lands leased for recreational purposes to pay for
leases under W.S. 36-4-107(a)(ii) and the costs incurred by the department in managing the recreational use on the leased state lands. For the fiscal year ending June 30, 2023 and each fiscal year thereafter, the state treasurer shall transfer to the proper accounts within the permanent land fund any funding certified by the department to be in excess of the leasing and management costs incurred by the department under W.S. 36-4-107(a)(ii) and generated from school lands as defined by W.S. 36-1-101(a)(v).
Interest on funds in the account shall accrue to the account. Not more than thirty percent (30%) of the funds in the account in any fiscal year may also be expended, with legislative approval, for maintenance of outdoor recreation areas and facilities provided that no amount shall be expended for additional full
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time employees or increases in salaries or overtime pay for full
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time employees. For fiscal years 2022 and 2023 only, not more than sixty percent (60%) of the funds in the account may be expended, with legislative approval, for maintenance and operational costs associated with outdoor recreation areas and facilities provided that no amount shall be expended for additional full
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time
employees or increases in salaries or overtime pay for full
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time employees.
36
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5
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115.
Leasing for industrial, commercial and recreational purposes; "recreational purposes" defined.
As used in W.S. 36
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114 through 36
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117
,
the term "recreational purposes" means land used for cabin sites, public camp sites, public parks and recreation areas, golf courses and any associated residential development, youth groups and ski or winter sports areas
and any other organized recreational purpose
.
Section 2
.
The board of land commissioners and the department of state parks and cultural resources shall promulgate any rules necessary to implement the provisions of this act.
Section 3
.
(a)
Except as provided in subsection (b) of this section, this act is effective July 1, 2022.
(b)
Sections 2 and 3 of this act are 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)
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HB0054