Wyo. Code R. 060-0002-4
Land Commissioners, Board of
Chapter 4: For Grazing and Agricultural Leasing
Effective Date: 09/07/1994 to 12/15/1994
Rule Type: Superceded Rules & Regulations
Reference Number: 060.0002.4.09071994
landfarm/land/04_For_Grazing_and_Agricultural_Leasing
Agency LANDFARM Land and Farm Loan Office
Program LAND Land Board
Chapter Name For Grazing and Agricultural Leasing
Chapter No.4
Date Filed 09/07/94
Expr Date 01/05/95
Supr Date 12/15/94
Repeal Date
Document Type SPRCRULE
landfarm/land/04_For_Grazing_and_Agricultural_Leasing
Agency LAND Program LAND Land Board
Chapter Name For Grazing and Agricultural Leasing
Chapter No.4
Date Filed 09/07/94
Expr Date 01/05/95
Supr Date
Repeal Date
Document Type EMRGRULE
BOARD OF LAND COMMISSIONERS
Section 1. Authority. This chapter is promulgated under the authority of W.S. 36-2-107.
Section 2. Definitions. As used in this chapter:
(a) "AUM" means an "animal-unit-month," which is equivalent to the quantity of forage necessary to sustain one cow and one calf for one month. (b) "Animal unit" means the quantity of forage necessary to sustain one cow and one calf for one year. (c) "Board" means the Board of Land Commissioners. (d) "Director" means the Director of the State Land and Farm Loan Office. (e) "Office" means the State Land and Farm Loan Office. (f) "Vacant land" means land not currently subject to a grazing and agricultural lease from the Board.
Section 3. Lease Purposes. The Board may lease suitable state land for the grazing of livestock, production of crops, or other agricultural purposes under the provisions of this chapter.
Section 4. Term of Leases. Leases for grazing or agricultural purposes shall be for a term of ten years, unless a shorter term is designated in special circumstances by the Board.
(a) Forms. All applications to lease lands for grazing or agricultural purposes shall be made on forms furnished by the office. Application forms must be completed in full. Any false or incomplete statement wilfully made that materially affects the application, will be considered as fraud, deceit, or misrepresentation and shall be cause for the rejection of the application.
(b) Signature. If an application is signed by a party other than the lessee, the legal instrument authorizing such signature, e.g., power of attorney, letters of administration, letters testamentary, final decree of distribution, etc., together with the required filing fee must accompany the application.
(c) Filing periods.
(i) For land under an expiring lease, applications shall be accepted for a period of 90 days prior to the expiration of the lease. If the expiration date falls on Saturday, Sunday or legal holiday, applications shall be accepted on the following workday. At least 90 days prior to the expiration of a lease, the office shall mail a lease application form to the lessee or his authorized agent.
(ii) Specific filing periods for particular tracts of vacant land may be established by advertisement. Otherwise applications to lease vacant land shall be accepted at any time. Applications received during an advertised filing period shall be considered 'conflicting applications' under the provisions of subsection (d) of this section. All other applications shall be considered on an as filed basis.
(d) Conflicting applications. If two or more applications to lease the same land for grazing and agricultural purposes are filed within the filing periods established in subsection (c) of this section, they shall be considered to be in conflict and shall be handled under the provisions of W.S. 36-3-102 and Chapter 1 of these rules.
(a) The annual rental for all leases shall be:
(i) The amount bid by the applicant, if accepted by the Board, or
(ii) As set by the Board as part of its decision in a case of conflicting applications.
However, in no event shall the annual rental be less than the minimum rate established in subsection (b) of this section.
(b) The minimum annual rental shall be:
(i) For grazing land, $3.00 per AUM of carrying capacity leased for 1994 and $3.50 per AUM of carrying capacity leased for 1995.
(ii) For hay and dry cropland, the average production shall be converted to AUM's and assessed at the rate established in paragraph (i) of this subsection.
(iii) For irrigated cropland, 4% of the appraised value of the land.
The Board shall review the above minimum annual rental determinations on an annual basis.
(c) All rental rates are subject to change upon reappraisal, reclassification of the land, or change in the minimum annual rental in subsection (b) of this section.
(d) Annual rentals are due and payable 90 days before the anniversary date of the lease. Annual rental payments are considered in default after 30 days from the due date. When a default occurs, certified notice shall be mailed to the lessee or his authorized agent. If the annual rental is not received in the office on or before the last day of the current lease year, the lease shall terminate automatically by operation of law.
(a) The Board may cancel any grazing and agricultural lease which is assigned without the approval of the Board. Lessees shall request Board approval of assignments, pursuant to W.S. 36-5-105(b), on a form provided by the office.
(b) If a request for Board approval of an assignment is signed by a party other than the lessee, the legal instrument authorizing such signature must accompany the request.
(a) The Board may cancel any grazing and agricultural lease if the lessee subleases the leased premises or enters into any contract or agreement of any kind concerning the leased premises, except 'price support and production adjustment' contracts of the ASCS, without the approval of the Board. Lessees shall request Board approval of subleases or other contracts, pursuant to W.S. 36-5-105(b), by submitting a copy of the sublease or other agreement to the office.
(b) If the annual rental under a sublease agreement is a share of production, the lessee shall report annual production to the office on a form furnished by the office. The office shall calculate the additional rental due to the Board pursuant to W.S. 36-5-105(b).
Section 9. Security Interests in Leases. Whenever a security interest in a leasehold is created or released, the secured party shall notify the office on a form provided by the office.
(a) Lessees shall request Board permission to construct or make improvements in excess of $750 in value per section by submitting to the office a completed application form furnished by the office.
(b) In the event that the Board must determine the value of improvements, pursuant to W.S. 36-5-111, the new lessee and the owner of the improvements shall each appoint an appraiser and the two so appointed shall appoint a third appraiser and the three appraisers shall proceed to fix the value of the improvements.
Section 11. Cancellation. The office shall investigate any allegation of fraud, deceit, or misrepresentation in the procurement of leases and shall monitor all leases for violations of lease covenants. When grounds for cancellation exist, the Director shall request that the Board cancel leases under the procedure at Chapter 1, Section 9, of these rules.
Section 12. Payment for Weed and Pest Control. Weed and Pest Control Districts may apply to the office for reimbursement of certain costs of eradication of weeds and pests on state lands. Prior approval by the office of the estimated costs of the eradication project is required. Subject to available funding, reimbursement shall be made for the following:
(a) For leafy spurge, the total cost of the project.
(b) For all other noxious weeds and pests, the cost of materials only. Lessees of state land shall pay the cost of application or other control measures.
Section 13. Entry Upon Leased Premises by Third Parties.
(a) Third parties desiring to enter upon the leased premises shall contact the lessee prior to entry, unless otherwise provided in subsection (c) of this section.
(b) For all entries by third parties, the lessee may negotiate a payment for damage to the surface of the leased premises, provided that any payment is consistent with payments for damages to adjacent lands. Payments shall be made payable to the office and the lessee jointly. The lessee shall endorse the check or money order and forward it to the office. After approval by the Board, the office shall pay to the lessee fifty percent (50%) of the payment, less any portion of the payment attributable to the cutting, destruction or removal of any timber.
(c) The following shall not be considered third parties subject to the requirements of this section:
(i) The Board and its representatives when entering for purposes of management or administration of state lands.
(ii) Members of the public when entering for purposes of hunting and fishing and casual recreational use pursuant to the provisions of Chapter 8 of these rules.
Section 14. General Grazing and Agricultural Lease Form. The attached general form shall be used in the leasing of state land for the grazing of livestock, production of crops, or other agricultural purposes.
Section 15. 1994 Drought Carrying Capacity Credit. A credit equal to 50¢ per AUM of carrying capacity leased shall be extended due to drought conditions. This credit shall be deducted from 1995 grazing lease billings.