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24LSO-0225
2024
STATE OF WYOMING
24LSO-0225
Numbered
2.0
HOUSE BILL NO. HB0196
Sales of real property to the federal government.
Sponsored by: Representative(s) Northrup, Banks, Bear, Berger, Burkhart, Harshman and Henderson and Senator(s) Driskill and Hicks
A BILL
for
AN ACT relating to property; providing that the policy of Wyoming is to require the federal government to exchange federal-owned lands if the federal government acquires additional property in Wyoming; requiring notice of transactions that will not include a transfer of federal-owned lands; providing for disposal of certain lands transferred to the state; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1.
W.S. 36
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105 and 36
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101 are amended to read:
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105.
Exchange of land granted by federal government.
Whenever, in the judgment of a majority of the members of the board, the interests of the state will be advanced by granting, conveying or deeding to the United States of America, any lands which have been heretofore granted, selected by, and patented to the state, then, in such case said board is hereby authorized and empowered to so grant, convey and deed to the United States of America, such lands. And the president of said board, and the director are authorized and empowered to execute and deliver all necessary instruments to complete such grant, or conveyance; provided, always, that no such lands shall be so granted, conveyed and deeded, unless the United States of America shall, and will permit and allow this state to select, and have patented to it, other lands in lieu of the lands so reconveyed to the United States of America subject to W.S. 36
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111; provided, however, that the state shall not give both surface and mineral rights with any lands exchanged unless it receives the same from the federal government.
The land conveyed to the state by the federal government under this section shall not be required to be in the same area of the state as the lands that are exchanged to the federal government. The board may consider the acquisition of lands in other areas of the state based on recommendations by boards of county commissioners.
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101.
Authority to acquire state lands; reservation of mineral rights.
(a)
The United States shall be and is authorized to acquire by purchase or condemnation or otherwise, any land in this state required for public buildings, custom houses, arsenals, national cemeteries, or other purposes essential to the national defense in necessary use of said land by armed naval, air or land forces, or land to be physically occupied by the Boysen Dam, its reservoir, power plant and distribution systems, or lands to be physically occupied by dams, reservoirs, power plants and distribution systems in United States reclamation service projects, and the state of Wyoming hereby consents thereto, provided that the mineral content of lands so acquired, if owners thereof so elect, shall be reserved to such owners.
(b)
Effective July 1, 2024 and thereafter, if the United States or any agency of the United States seeks to acquire any land in this state that is not specified under subsection (a) of this section from any person or source, it is the policy of the state that the United States or the agency shall transfer federal
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owned lands to Wyoming so that there is not a net increase in federal
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owned lands in Wyoming after July 1, 2024. Transfers of state
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owned lands to the United States or any agency of the United States shall be conditioned on an exchange of federal
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owned lands as provided in W.S. 36
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105. Any transfer of lands under this subsection shall consider the impact of the acquisition of property and the transfer of lands on federal mineral royalties received by the state. The land conveyed to the state by the federal government under this subsection shall not be required to be in the same area of the state as the lands that are acquired by the federal government.
(c)
If the United States or any agency of the United States acquires land in Wyoming under subsection (b) of this section and the transaction will not include an exchange of federal
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owned lands of an equivalent value as provided under subsection (b) of this section, the United States or the agency of the United States shall provide notice to the board of land commissioners not less than ninety (90) days before the acquisition of the land will be completed.
(d)
If any transfer of federal
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owned lands to the state under subsection (b) of this section would result in a net increase in state lands over the amount of state lands on July 1, 2024, the state lands shall be disposed of as provided in this subsection. This subsection shall not apply to any exchange of lands as provided in W.S. 36
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105. The board shall by rule provide for an application process for transfer of lands to applicants for the land. The application process under this subsection:
(i)
Shall permit the county commissioners of the county where the acquired land is located to submit a list to the board of the preferred uses for the land;
(ii)
Shall include ranking criteria to determine which applicant will be selected if there are multiple applicants for the land. Preference shall be given to applicants who are the owners, lessees or lawful occupants of adjoining lands and who are conducting a preferred use established under paragraph (i) of this subsection, unless the board determines that the preference should not be recognized for good cause;
(iii)
May require the applicant to conduct a specific preferred use on the land for a period not to exceed ten (10) years before any transfer of the land to the applicant.
Section 2
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This act is effective July 1, 2024
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(END)
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HB0196