Title 36 · WY

34-1-201(b)(ii)(A).

Citation: Wyo. Stat. § 34-1-201

Section: 34-1-201

34-1-201(b)(ii)(A).

ARTICLES 2 - RESERVED

ARTICLES 3 - RESERVED

ARTICLE 4 - EMERGENCY FIRE SUPPRESSION ACCOUNT

36-1-401. Definitions.

(a) As used in this article: (i) "Division" means the Wyoming state forestry division of the office of state lands and investments;

(ii) "Emergency fire" means a fire located in a rural area which is, or clearly threatens to be, beyond the fire control resources of the county responsible for suppression of the fire or the state if the fire is located on state lands;

(iii) "Emergency fire suppression account" or "account" means the account created by W.S. 36-1-402;

(iv) "Participating county" means a county which has entered into a contract with the division to participate in the emergency fire suppression account and has paid the assessments provided by W.S. 36-1-404.

36-1-402. Emergency fire suppression account; creation; investment of funds; authorized expenditures; reversion of funds from division.

(a) There is created the emergency fire suppression account. The account shall include all legislative appropriations, all assessments paid into the account by participating counties and all income from investments of monies in the account. Appropriations to the account shall not lapse at the end of any fiscal period.

(b) The state treasurer shall invest any portion of the funds in the account which the state forester determines is not needed for immediate use. Investments shall be made as authorized by W.S. 9-4-715(a), (d) and (e).

(c) Upon written approval of the state forester, expenditures shall be made out of the account to participating counties and the division for the actual costs of suppressing emergency fires.

(d) If the state forester determines monies in the account may be insufficient to make reimbursement for the full cost of suppressing all emergency fires occurring or which may occur during the year, he may delay paying reimbursement to any entity until the close of the program year at which time available monies shall be prorated among those entitled to reimbursement at an amount less than one hundred percent (100%).

(e) Repealed by Laws 2017, ch. 87, § 1. (f) Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4- 207, general funds appropriated to the division which are unexpended and unobligated and which would otherwise lapse and revert pursuant to W.S. 9-4-207(a) at the end of a biennium shall revert to the emergency fire suppression account. This subsection shall not be construed to apply to any appropriation to a special revenue fund or revolving account within the division.

36-1-403. Powers and duties of state forester.

(a) The state forester shall:

(i) Administer the emergency fire suppression account;

(ii) Enter into contracts on behalf of the division with counties desiring to participate in the account;

(iii) Establish and collect assessments from participating counties in accordance with this article;

(iv) Adopt rules governing the administration of the emergency fire suppression account and to carry out the purposes of this article.

36-1-404. Participation by counties; assessments; withdrawal from participation; forfeiture of assessments for failure to pay assessments.

(a) Counties desiring to participate in the emergency fire suppression account shall enter into a written contract with the state forester and shall pay the assessments provided for in this section.

(b) Each participating county shall pay an annual assessment to the account in an amount equal to:

(i) Four-tenths of a cent ($.004) per acre for each acre of private land in the county as determined by reference to the current equality state almanac published by the department of administration and information; plus

(ii) An amount equal to .00002 times the assessed valuation of the county. (c) Participation in the account shall be on a fiscal year basis and annual assessments shall be paid on or before July 15 of each year in which the county elects to participate in the account.

(d) Repealed by Laws 2008, Ch. 8, § 2.

(e) Any county electing to participate in the account in any year may become a participating county by paying an initial assessment equal to the annual assessment computed for that county under subsection (b) of this section multiplied by three (3).

(f) Any county electing to withdraw from participation in the account or failing to pay the annual assessment when due shall forfeit all of its rights to the account and any assessments previously paid by that county shall remain in the account.

ARTICLE 5 - WYOMING STATE FORESTRY GOOD NEIGHBOR AUTHORITY REVOLVING ACCOUNT

36-1-501. Definitions.

(a) As used in this article:

(i) "Division" means the Wyoming state forestry division of the office of state lands and investments;

(ii) "Good neighbor authority" means an agreement between the division, the bureau of land management and the United States forest service to allow the state to perform forestry services on bureau of land management and forest service lands as specified in the agreement;

(iii) "Wyoming state forestry good neighbor authority revolving account" or "account" means the account created by W.S. 36-1-502.

36-1-502. Wyoming state forestry good neighbor authority revolving account; creation; investment of funds; authorized expenditures.

(a) There is created the Wyoming state forestry good neighbor authority revolving account. The account shall include all legislative appropriations, federal funds, county funds, partner funds, funds generated from good neighbor authority projects or other federally funded cooperative forest management projects and all income from investments of monies in the account. If a contract is entered into pursuant to W.S. 36-1- 503(a)(iii), funds in the account may be expanded on good neighbor authority projects prior to receipt of federal fund reimbursements. Funds deposited into the account are continuously appropriated to the state forester to be expended only as provided in this section. Unless otherwise specifically provided, appropriations to the account shall not lapse or revert at the end of any fiscal period.

(b) Upon written approval of the state forester, expenditures shall be made out of the account for good neighbor authority projects or other cooperative forest management projects.

36-1-503. Powers and duties of state forester.

(a) The state forester shall:

(i) Administer the account;

(ii) Ensure that all funds generated from good neighbor authority projects or other federally funded cooperative forest management projects are deposited in the account;

(iii) Enter into contracts on behalf of the division for good neighbor authority projects or other federally funded cooperative forest management projects funded through the account;

(iv) Adopt rules governing the administration of the account and to carry out the purposes of this article;

(v) Have the authority to partner with one (1) or more counties on good neighbor authority projects or other cooperative forest management projects and disburse funds from the account for these purposes.

(b) The state forester may hire additional employees as necessary to conduct good neighbor authority projects or other federally funded cooperative forest management projects funded through the account. Employees hired under this subsection shall be funded using federal funds deposited in the account. The state forester shall not fill more than four (4) full-time employee positions and six (6) at-will employee contract positions under this subsection.

CHAPTER 2 - BOARD OF LAND COMMISSIONERS

ARTICLE 1 - IN GENERAL

36-2-101. Composition; powers generally.

The governor, secretary of state, state treasurer, state auditor, and superintendent of public instruction, being constituted a "board of land commissioners" by the provisions of section 3, article 18, of the constitution of the state of Wyoming, shall as such board, have the direction, control, leasing, care and disposal of all lands heretofore or hereafter granted or acquired by the state for the benefit and support of public schools or for any other purpose whatsoever, subject to the limitations contained in the constitution of the state, and the laws enacted by the legislature. The board shall have the power and authority to take such official action as may be necessary in securing title to land grants, or any other lands acquired by the state. The board shall oversee the compensatory mitigation credit system established under W.S. 9-19-201 through