RULES AND REGULATIONS BOARD OF LAND COMMISSIONERS

Chapter 16

Surface and Subsurface Survey Activities

Section 1. Authority

This chapter is promulgated under authority of W.S. 36-2-107.

Section 2. Definitions

As used in this chapter:

1. (a) “Board” means the Board of Land Commissioners.
2. (b) “Director” means the Director of the Office of State Lands and Investments.
3. (c) “Office” means the Office of State Lands and Investments.
4. (d) “State lands” means all lands under the jurisdiction of the Board of Land Commissioners.
5. (e) “Subsurface lessee” means a holder of a subsurface resource lease issued in accordance with Chapter 6 of these rules.
6. (f) “Surface lessee” means a holder of a grazing and agricultural lease or special use lease issued in accordance with Chapters 4 or 5 of these rules.
7. (h) “Surveyor” means a person conducting a surface or subsurface survey on state land.

Section 3. Authorization to Survey

The Board hereby grants authorization to persons to conduct land, mineral, geophysical, cultural, historical, biological, environmental, and mapping surveys on state land upon compliance with this chap- ter.

Section 4. Procedure

1. (a) Persons desiring to enter upon state lands for the purpose of surveying shall, prior to entry, use their best efforts and any available means to notify the surface lessee of their intent to conduct a survey and, where necessary, negotiate a damage payment agreement.
2. (b) In addition to complying with subsection (a) of this section, persons desiring to enter upon state lands for the purpose of geophysical surveying shall, prior to entry, provide written notification to the Office describing the anticipated location and time period of the proposed geophysical survey.

Section 5. Suspension of Survey Authorization

1. (a) Delegation. The Director shall have the power to suspend the authorization to survey granted in Section 3 of this chapter for any survey.
2. (b) Procedure. If the Director has substantive evidence or information to indicate that the sur- vey will result in irreparable harm to the state land, the Director shall suspend the authorization to survey by notifying the surveyor using any available means.
3. (c) Duration. The suspension shall continue until the next regular meeting of the Board follow- ing the suspension, unless terminated sooner by the Director. The Board may extend the suspension for a definite or indefinite term.

Section 6. Surface Disturbance

For all surface and subsurface survey activities:

1. (a) Surface damages. If the proposed survey may result in damage to the surface of the land or improvements thereon, a damage payment agreement shall be negotiated prior to surveyor entry on the state land, provided that any payment is consistent with payments for comparable damages to comparable adjacent lands. If there is a surface lessee of the state land, negotiations shall be pursuant to Chapter 4, Section 13 or Chapter 5, Section 13 of these rules. If there is not a surface lessee, negotiations shall be directly with the Office. If a surface lessee and surveyor are unable to reach a damage payment agreement, the Board shall establish the terms for damage payment.
2. (b) Reclamation. Upon completion of the survey or related project, any damage to state land disturbed by the surveyor which exceeds the estimation of effects identified and mitigated in the surface damage payment agreement shall be restored to a condition and forage density reasonably similar to its original condition, or shall be mitigated through additional surface damage payment.

Section 7. Monumentation

If a surveyor sets a monumented corner on state land, the Board shall supply the surveyor with a brass cap monument and shall record the corner file, if provided by the surveyor, with the appropriate county clerk at the Board’s expense.

Section 8. Disclaimer

Nothing in this chapter shall be construed to authorize surveyors to trespass upon the leasehold rights held by a subsurface lessee.