Wyo. Code R. 020-0001-3
Abandoned Mine Reclamation Program
Chapter 3: Land Acquisition, Management, and Disposal
Effective Date: 12/15/2009 to Current
Rule Type: Current Rules & Regulations
Reference Number: 020.0001.3.12152009
(a) The State shall acquire only such interests under W.S. 35-11-1205 (West 2007) as are necessary for the reclamation work or the post-reclamation use of the land. (b) Interests in improvements on the land, mineral rights, or associated water rights may be acquired if:
(i) Necessary and; (ii) If adequate written assurances cannot be obtained from the owner of the severed interest that the future use thereof will not be in conflict with the reclamation work. (c) When practical, acquisition shall be by purchase from a willing seller. Where necessary, and following all reasonable efforts to purchase, land interests may be acquired by condemnation. Title to the interest shall be recorded as required by law so as to be first in time and constitute notice to any subsequent purchaser of the same interest. (d) An appraisal of all land or interest in land to be acquired shall be obtained from a professional appraiser, stating the fair market value of the land as adversely affected by past mining.
(a) The State may accept donations of title to land or interest in land that is necessary for reclamation and consistent with the program. Offers to make such a gift include:
(i) A statement of the interest which is being offered; (ii) A legal description of the land and a description of any improvements on it; (iii) A description of any limitations on the title or conditions as to the use or disposition of the land existing or to be imposed by the donor; (iv) A statement that:
(A) The offeror is the record owner of the interest being offered;
(B) The interest offered is free and clear of all encumbrances except as clearly stated in the offer;
(C) There are no adverse claims against the interest offered;
(D) There are no unredeemed tax deeds outstanding against the interest offered; and
(E) There is no continuing responsibility by the operator under State or Federal statutory law for reclamation.
(v) An itemization of any unpaid taxes or assessments levied, assessed or due which could operate as a lien on the interest offered.
(b) If the offer is accepted, a deed of conveyance shall be executed, acknowledged, and recorded.
(a) Land acquired under this Chapter may be used pending disposition for any lawful purpose that is not inconsistent with the reclamation activities and post-reclamation uses for which the land was acquired.
(b) Unless waived in writing by the Governor based on the public interest, any user of acquired land shall be charged a user fee reflecting the fair market value of the benefits received by the user, or the costs to the State for providing the benefit, whichever is appropriate. Such fees shall be deposited in the account established by W.S. 35-11-1203 (West 2007).
(a) Prior to the disposition of any acquired land, the Director shall:
(i) Publish a notice in a local newspaper describing the proposed disposition for a minimum of 4 successive weeks. The notice shall provide at least 30 days for public comment, state where copies of the plan for disposition may be reviewed or obtained, specify the address for submission of comments, and state that a public hearing will be held if requested or appropriate.
(ii) Publish notice of the time and place for any public hearing in a local newspaper at least 30 days before the hearing. All comments received at the hearing shall be recorded.
(iii) Make a written recommendation to the Governor that the proposed disposition is appropriate or not, after considering all comments received and any local, State or Federal laws or regulations which apply. This recommendation shall not constitute a final decision until approved by the Governor.
(b) The State may transfer the administrative responsibility for acquired land to any agency or political subdivision of the State provided that:
(i) The transfer is approved by the secretary of the interior, or his designated representative;
(ii) The transfer specifies the purpose for which the land may be used consistent with the program; and
(iii) The transfer specifies that the responsibility shall revert to the State if the land is not used for the specified purposes.
(c) The disposal provisions of W.S. 35-11-1205(c) (West 2007) shall apply only if such development is consistent with local, State or Federal land use plans, and continued retention or disposal under other provisions is not in the public interest