Wyo. Code R. 060-0002-5
Land Commissioners, Board of
Chapter 5: Special Use Leasing
Effective Date: 07/20/1999 to 05/11/2007
Rule Type: Superceded Rules & Regulations
Reference Number: 060.0002.5.07201999
BOARD OF LAND COMMISSIONERS
This chapter is promulgated under the authority of W.S. 36-2-107.
As used in this chapter:
(d) “Special use” means any use of state land other than for grazing, agriculture, the extraction of minerals, or uses authorized under easements granted pursuant to Chapter 3 of the Rules and Regulations of the Board, or hunting, fishing and general recreational uses pursuant to Chapter 13 of the Rules and Regulations of the Board.
(a) The Board may lease suitable state land for special uses under the provisions of this chapter.
(a) The leased premises of a special use lease may coincide with the leased premises of an existing surface lease. Prior to issuing a special use lease, the Board shall determine whether or not the proposed special use lease would result in substantive impairment of an existing surface lease.
(b) Lessee consultation and consent. If the applicant obtains written consent from the existing lessee(s) to the issuance of a special use lease, the special use lease shall be deemed to not result in substantive impairment of the existing lease(s). Such consent shall also specify the division of mutually held lease rights, if any, as to the common surface area of the leases.
(c) Board determination. If the applicant is unable to obtain written consent from the existing lessee(s) to the issuance of the special use lease, the Board shall determine whether the issuance of the proposed special use lease will substantively impair the existing lease(s). The Office shall notify the existing lessee(s) at least 20 days before the proposed special use lease is to be considered by the Board.
(a) Leases for special uses may be for any term, up to twenty-five years, in the discretion of the Board.
(a) Forms. All applications to lease lands for special uses shall be made on forms furnished by the Office. Application forms must be completed in full, setting forth the location and estimated value of any and all improvements to be constructed on the leased area. Any false or incomplete statement willfully 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 applicant, the legal instrument authorizing such signature, i.e., 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.
(d) Conflicting applications. If two or more applications to lease the same land for incompatible 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 special use 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 rental be less than the minimum rate as established in subsection (b).
(b) The minimum annual rental shall be based on fair market value for the same or similar use of the land and any improvements owned by the State after an economic analysis is made. In cases where annual rental can not be established based on fair market value for the same or similar use of the land, the minimum rental shall not be less than $250.00 or 5½% of the appraised land value and any improvements owned by the State.
(c) All rental rates are subject to review and adjustment as specified in the special use lease.
(d) Upon notice provided not less than thirty (30) days prior to the anniversary date of a lease, all rentals accruing to the state, except those for the first year, shall become due and payable at the Office on the anniversary date of the lease. If the rent is not paid on the anniversary date, the Director shall notify the lessee or his authorized agent by certified mail that the lease will be cancelled if the rent and a late fee equal to ten percent (10%) of the annual rental is not received within thirty days following the date of the notice. The Director shall prepare an informational board matter pursuant to Chapter 1. If the lease is cancelled, the Director shall as soon as possible, thereafter, advertise the lands in the county where located, as vacant and subject to lease.
(a) A special use lease may not be assigned without prior approval of the Board. Lessees or their assignees shall request Board approval of proposed assignments, pursuant to W.S. 36-5-116, 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 leased premises under a special use lease may not be subleased in any manner or made subject to any contract or other agreement of any kind, without prior approval of the Director. Such approval may be conditioned upon payment of additional rental. Lessees shall request approval of proposed subleases, by submitting a copy of the proposed sublease agreement to the Office. The Director shall prepare an informational board matter pursuant to Chapter 1.
(a) 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) The lessee shall request permission from the Director to construct or make any improvements not approved concurrently with the granting of the special use lease. The Director shall prepare an informational board matter pursuant to Chapter 1.
(b) Any applicant applying to lease state land shall pay to the Director the contributory value of improvements of any kind authorized under Section (a) of this section or the owner of the improvement may upon giving notice to the Director in writing remove only those improvements, within a 120 day period, which will not cause injury to the land.
(a) 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 under W.S. 36-5-113 or the terms and provisions of the lease, the Director shall request that the Board cancel leases under the procedure at Chapter 1, Section 9, of these rules.
(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. 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 Director, 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. The Director shall prepare an informational board matter pursuant to Chapter 1.
(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 privilege extended by the Board under the provisions of Chapter 13 of these rules.