Wyo. Code R. 060-0002-8
Land Commissioners, Board of
Chapter 8: Sale of Timber from State Lands
Effective Date: 01/26/1994 to 02/11/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 060.0002.8.01261994
landfarm/land/08_Sale_of_Timber_from_State_Lands
Agency LANDFARM
Program LAND Land Board
Chapter Name Sale of Timber from State Lands
Chapter No.8
Date Filed 01/26/94
Expr Date
Supr Date
Repeal Date
Document Type RULES
BOARD OF LAND COMMISSIONERS
Section 1. Authority. These rules and regulations are promulgated under the authority granted by W.S. 36-1-112 and W.S. 36-2-107.
Section 2. Definitions. As used in this chapter:
(a) "Applicant" means any person or persons, firm, association, or corporation who files and "Application for Timber Sale" from state lands.
(b) "Board" means the Board of Land Commissioners.
(c) "Director" means the Director of the State Land and Farm Loan Office.
(d) "Office" means the State Land and Farm Loan Office.
(e) "Other forest products" means pulpwood, utilitypoles, corralpoles, fence posts, house logs, railroad ties, mine props, Christmas trees, dead and down timber, fuel wood, and transplants.
(f) "State lands" means all lands under the jurisdiction of the Board of Land Commissioners.
(g) "Surface lessee" means the person or persons, firm, association, or corporation whose name appears of record in the office as surface lessee of state land.
(h) "Timber" means sawtimber and other forest products.
(i) "Size A sale" means a timber sale having a volume of less than one hundred thousand (100,000) board feet or equivalent or a total value of less than five thousand dollars ($5,000.00).
(j) "Size B sale" means a timber sale having a volume equal to or greater than one hundred thousand (100,000) board feet or equivalent or a total value equal to or greater than five thousand dollars ($5,000.00).
(k) "Forest management sale" means a sale of timber that is diseased, insect infested, or fire damaged, primarily for the purpose of benefiting the residual stand of live trees.
Section 3. Sale of Timber. The Board may sell timber from state lands upon the recommendation of the State Forester in accordance with sound forest management practices and the forest management plan.
Section 4. Application for Timber Sale.
(a) The Board may initiate a timber sale either with or without a timber application.
(b) All applications to purchase timber from state land must be made on forms furnished by the office, and completed in full. Any false or willfully incomplete statement will be considered as fraud, deceit, or misrepresentation and will be cause for the rejection of such application.
(c) The completed application for timber sale is to be forwarded to the office together with the required filing fees. Application filing fees are not refundable.
(d) The applicant shall state the offered purchase price for the timber in the application for timber sale.
(e) In the event that timber is located on sections or parcels of noncontiguous state land, separate applications must be submitted.
Section 5. Preparation for Sale.
(a) The State Forester will contact the surface lessee of the lands applied for, and allow the lessee fifteen (15) days to submit any written objections, comments, or concerns to timber operations occurring on the land. Any objections will be given careful consideration.
(b) The State Forester will make an inspection and appraisal of the timber applied for and determine the right-of-way access to the timber. Access to timber on state lands is not guaranteed by the Board.
(c) If the State Forester recommends a timber sale, the timber will be marked or designated for cutting.
(d) The State Forester may elect to set up a timber sale on an entire section or sell the timber in individual cutting units or blocks.
(e) The State Forester shall recommend the period of time over which the timber may be harvested.
(f) When timber is advertised for sale, it is offered in accordance with legal survey descriptions of the land on which it is located. The Board may sell timber according to the subdivisions of sections of the land it is on as established by the United States Public Survey thereof, or by a metes and bounds description.
(a) The purchase price of timber is independent of the administrative fees required by W.S. 36-3-110(a).
(b) All purchase prices shall be submitted to the Board for approval. The Board reserves the right to reject any and all bids. The Board shall not sell or dispose of timber located or growing on state lands at less than its reasonable market value.
(c) The purchase price of timber shall be as follows:
(i) For fuelwood, house logs, post and pole timber, Christmas trees, or transplants, when harvested for personal use only, as set by the State Forester.
(ii) For Size A sales, the offered price or, if there is more than one applicant, the high bid received from the applicants, after being notified and given an opportunity to resubmit a final sealed bid on or before a final bidding date.
(iii) For Size B sales, the high bid received through competitive bidding or at public auction.
(iv) For forest management sales, as determined by any of the methods contained in this subsection, at the choice of the State Forester.
(a) Subject to the requirements of subsection (b), the State Forester may give notice of a timber sale using any means he deems appropriate.
(b) All timber sales by public auction or by competitive bid shall be advertised in a newspaper of statewide circulation. The advertisement shall state the time, place, description of the timber, and terms of the sale. The advertisement shall be published a minimum of 30 days prior to the day of the auction or the final bidding date. Any parties interested in purchasing the timber, known by the Board, shall be informed by mail.
(c) The cost of newspaper advertising must be paid by the ultimate purchaser of the timber.
(a) Public auctions of timber from state land shall be conducted by the State Forester or his agent. All bidding shall be oral.
(b) No sale, made at public auction, is final until approved by the Board.
(a) The State Forester may require a bid guarantee on any Size B sales offered for sale. The bid guarantee must be by a certified check, cashier's check, or bank money order payable to the office.
(b) If an applicant or successful bidder does not sign the offered timber contract and furnish the required payments within 90 days of Board approval, the timber application expires and the bid guarantee is forfeited to the Board. An extension of time to sign the timber contract and make the required payments may be granted to the applicant if a written request outlining the circumstances is submitted to the State Forester and approved. When the timber contract is signed by the applicant and submitted with the required payments, bonds, and deposits, the bid guarantee shall be returned to the applicant.
Section 10. Performance Bonds. The State Forester may require a performance bond for sales where the purchaser is required to dispose of the slash or has other obligations under the terms of the contract. The bond amount shall be equal to 10 percent of the total sale value, or $500.00, whichever is greater. Cash bond or performance bond shall be accepted.
(a) A purchaser of a Size A or Size B sale shall execute a written contract covering the terms and conditions of cutting and removal.
(b) Timber contracts may provide for payment in installments.
(c) After approval of a timber sale by the Board and preparation of a timber contract by the State Forester, the applicant must sign the timber contract within 90 days of the date of Board approval. The holder of a valid timber contract must begin cutting operations within the first one year contract period.
(d) The time period for harvesting timber under a timber contract may be extended by the State Forester, if the State Forester is notified, in writing, by the purchaser, at least 30 days prior to the expiration date of the timber contract, and the purchaser provides valid reasons why the extension is required.
(e) A timber contract may be assigned or transferred when submitted on executed and recorded forms furnished by the office.
Section 12. Stumpage Payments. Payment in full or a down payment as set by the State Forester shall be paid before cutting operations can begin. The amount of the down payment shall be set based on the volume of timber in the sale.
Section 13. Slash Disposal Deposits. The State Forester shall require slash disposal deposits for all Size A and Size B sales, except for sales where heavy slash accumulations are not anticipated. The slash disposal deposit is either spent by the Board for slash disposal work, or refunded to the purchaser if he satisfactorily completes the required slash disposal work. A portion of the slash disposal deposit may be used by the Board and the remainder refunded to the timber purchaser based upon the amount of work completed by the purchaser.