36-5-101(b) and not more than one hundred twenty percent (120%)

36-5-101(b) and not more than one hundred twenty percent (120%) of the maximum fair market value as determined by the board based on the previous year's values for the state, district or county, whichever is most localized and available, as determined by the national agricultural statistics service utilizing:

(i) The private land lease rate per animal unit month for Wyoming grazing leases; or

(ii) The private land irrigated or nonirrigated cropland lease rate, as applicable, for Wyoming cropland leases on irrigated or nonirrigated cropland; and

(iii) A downward adjustment of twenty percent (20%) to reasonably reflect lessee contributions typically provided as a part of a private land grazing lease rate or a private cropland lease rate, as applicable.

(d) If the lessee of state lands shall assign, sublease or contract all or any part of the lease area, the lease shall be subject to cancellation unless the director approves the assignment, sublease or contract subject to criteria established by the board of land commissioners provided that:

(i) Approval shall not be arbitrarily or unreasonably withheld;

(ii) All action upon each application shall inure to the greatest benefit of state land trust beneficiaries;

(iii) In no event shall the lands be subleased unless one-half (1/2) of the excess rental is paid to the state;

(iv) A lessee of state lands whose lease authorizes grazing on the state lands shall not be required to obtain the approval of the director to allow livestock the lessee does not own to graze on the state lands provided that:

(A) The ratio of owned to non-owned livestock grazed by the lessee does not exceed one to one (1:1) for more than two (2) years in any ten (10) year period;

(B) The lessee provides documentation on the lessee's grazing of non-owned livestock to the office of state lands and investments; and

(C) The lessee retains full management responsibility of the livestock that grazes on the state lands.  (v) Use of state lands as provided by paragraph (iv) of this subsection shall not be considered a sublease;

(vi) For purposes of paragraph (iv) of this subsection, "full management responsibility" includes all duties, obligations and liabilities as if the livestock were owned by the lessee.

(e) Repealed By Laws 2007, Ch. 111, § 2.

(f) Provided further, that whenever any state owned lands have been or may hereafter be condemned or acquired by the United States for war purposes and whenever said lands may hereafter be reconveyed to the state of Wyoming by the said United States or any department thereof, then in such event the state board of land commissioners shall give preference to the lessee holding said lands at the time of the taking of said lands by the said United States or any department thereof.

(g) Provided further, that this act shall not be applicable to the leasing of state mineral lands under the provisions of W.S. 36-6-101 through 36-6-105, as amended.

(h) As used in subsection (c) of this section, "preferred right" means the right to renew a lease provided to an existing holder of a grazing and agricultural lease by the board if the existing lease holder is in compliance with subsection (c) of this section.

(j) No applicant shall be qualified to lease state lands for grazing and agricultural purposes without having actual and necessary use of the land for the production of agricultural commodities.

36-5-106. Richard Bridge historical park; Oregon Trail State Veterans' Cemetery buffer zone; veterans' home and skilled nursing facility buffer zone.

(a) The state board of land commissioners is hereby authorized, if after investigation and study the board deems it to the best interest of the state of Wyoming, to enter into a lease agreement with the town of Evansville, Wyoming, for a portion of the land belonging to the state of Wyoming lying south of the centerline of the North Platte River in section 36, township 34 north, range 79 west of the sixth principal meridian, Natrona county, Wyoming. The lease authorized herein shall contain a clause restricting the use of the leased property to historical landmark, park, recreation, museum and municipal purposes. The land leased shall be known as Richard Bridge historical park.

(b) The state board of land commissioners is hereby authorized to enter into a lease agreement for the portions of land belonging to the state of Wyoming in Natrona county, Wyoming, one (1) portion of land described as follows: the NW ¼ of the NW ¼ and the NE ¼ of the NW ¼ and part of the NW ¼ of the NE ¼ and part of the SE ¼ of the NE ¼ and part of the SW ¼ of the NE ¼ and part of the SE ¼ of the NW ¼ and part of the SW ¼ of the NW ¼ and part of the NE ¼ of the SW ¼ and part of the NW ¼ of the SE ¼ and part of the NE ¼ of the SE ¼ and part of the SE ¼ of the SE ¼ of section 36, township 34 north, range 79 west, also known as all lying north of the centerline of the North Platte river except 115.998 acres in the NE ¼, containing 266.34 acres, and one (1) portion of land located and being a portion of lot 1 in the NW ¼ of section 31, township 34 north, range 78 west containing 19.63 acres. The state lands described in this subsection shall not be otherwise disposed of, and any lease authorized herein shall contain a clause restricting the use of the leased property to grazing purposes only so long as the Oregon Trail State Veterans' Cemetery exists in the adjacent location. The land leased shall be known as the Oregon Trail State Veterans' Cemetery buffer zone.

(c) The state board of land commissioners is hereby authorized to enter into a lease agreement for the portions of land belonging to the state of Wyoming in Johnson county, Wyoming, described as follows: in township 50 north, range 82 west of the sixth principal meridian part of the NE ¼ of the NW ¼ of section 3, the N ½ and SW ¼ and NW ¼ of the SE ¼ and part of the NE ¼ of the SE ¼ and part of the SW ¼ of the SE ¼ of section 4 and the E ½ of section 5 and in township 51 north, range 82 west of the sixth principal meridian part of lot 7, part of lot 8 and part of lot 6 of section 34, containing 941.74 acres more or less. The state lands described in this subsection shall not be otherwise disposed of, and any lease authorized herein shall contain a clause restricting the use of the leased property to grazing purposes only so long as the veterans' home of Wyoming and the Wyoming veterans' skilled nursing facility exist in the adjacent location. The land leased shall be known as the veterans' home and skilled nursing facility buffer zone.

36-5-107. Preference in granting leases on exchanged lands. The holder of a lease of any school, state or institutional land that is offered for exchange under section 8, of the Taylor Grazing Act, shall have preference to lease the land received in such exchange.

36-5-108. Even rental offers.

If two (2) or more qualified applicants under W.S. 36-5-101 shall offer the same annual rental for the same lands, and such offers are the highest offers received and are equal to or above the minimum rental fixed by the board, and no preferred right exists in the old lessee, or if the old lessee does not exercise the preferred right, the director shall grant the lease to the applicant holding title to lands nearest to the lands applied for. When a preferred right exists in the old lessee under the provisions of this act, the old lessee shall be given fifteen (15) days notice by registered mail, and if he fails or refuses to file his acceptance together with the balance of the rental due for the first year, within the time specified, the lease shall be awarded automatically to the applicant offering to pay the highest annual rental, or in the event of even offers, shall be disposed of as hereinbefore provided. As used in this section, "preferred right" means as defined in W.S. 36-5-105(h).

36-5-109. When rental due; procedure upon failure to pay.

Upon notice provided not less than sixty (60) days before the anniversary date of a lease, all rentals accruing to the state by virtue of this act, except those for the first year, shall become due and payable at the office of state lands and investments on the anniversary date of the lease. If the rent is not paid on the anniversary date, the office shall again notify the lessee or the lessee's authorized agent by certified mail that the lease may be cancelled if the rent and a late fee equal to ten percent (10%) of the annual rental is not received within thirty (30) days following the date of the certified notice. If the lease is cancelled, the office shall as soon as possible thereafter, advertise the lands in the county where located, as vacant and subject to lease.

36-5-110. Right to make and remove improvements.

(a) A lessee of state lands shall have the right to construct or make improvements upon state lands in an amount not to exceed four thousand dollars ($4,000.00) per section for each separate improvement, without first obtaining permission. If the lessee or any other person desires to construct or make improvements upon state lands in excess of the value of four thousand dollars ($4,000.00) per section for each separate improvement, he shall file an application for permission to construct or make the improvements with the director, which shall be subject to allowance or rejection as the best interests of the state require. The director shall have authority to grant permission to construct improvements in excess of four thousand dollars ($4,000.00) per section for each separate improvement for fencing, water development, livestock handling facilities and range enhancements. Any other improvement in excess of four thousand dollars ($4,000.00) per section for each separate improvement shall be applied for under a special use permit. Unless permission has been obtained in the manner provided by this section or the improvement has been registered as provided in subsection (b) of this section, the owner of any improvement in excess of the value of four thousand dollars ($4,000.00) per section at the time of construction of the improvement shall not be entitled to compensation therefor as provided by W.S. 36-5- 111 and 36-9-105, and upon the expiration of the lease the improvement shall forfeit to and become the property of the state; except, that within one hundred twenty (120) days from the date of the expiration of the lease, the owner may remove the improvement in a manner that minimizes injury to the land.

(b) Notwithstanding subsection (a) of this section, a lessee of state lands may register all improvements made upon state lands which were made prior to June 30, 2010, with or without prior approval by the director. Improvements registered under this subsection may include improvements for which approval was not applied for pursuant to subsection (a) of this section. Improvements for which permission was denied under subsection (a) of this section shall not be eligible for registration under this subsection. Registrations under the provisions of this subsection shall be made not later than June 30, 2014. Improvements registered under this subsection shall be entitled to compensation therefor as provided by W.S. 36-5-111 and 36-9-105.

36-5-111. Payment for or removal of existing improvements.

Any applicant applying to lease state lands upon which there are fences, buildings, reservoirs, ditches, dams, wells, or other improvements of any kind, belonging to or made by another, or for which water rights or proportionate interests in irrigation reservoirs, canals, or systems, have been acquired, shall before receiving the lease, pay to the director for the use and benefit of the owner or maker of any improvements at the time of the execution of the lease, the current market value of the improvements unless a different value is agreed to between the owner of the improvements and the applicant thereof as finally determined by the board in accordance with its rules and regulations. Alternatively, the owner of the improvements shall, upon giving notice to the director in writing within the time fixed by board rule and regulation, have the right to remove those improvements in a manner which minimizes injury to the land; provided, that the improvements be removed within a period of one hundred twenty (120) days from the date of the expiration of the lease. For purposes of this section, "current market value" means the replacement value of the lessee's improvement at the time of transition of the lease, after the remaining useful life of the improvement is considered.

36-5-112. Form and execution of lease; bond.

The general form of grazing and agricultural lease upon state lands shall be prescribed by the board and shall be signed by the director on behalf of the state. Except in cases where the board deems necessary, leases shall be issued without bond.

36-5-113. Cancellation of leases.

The board shall have the power and authority to cancel leases procured by fraud, deceit or misrepresentation, or for use of the lands for unlawful or illegal purposes, or for the violation of the covenants of the lease, upon proper proof thereof.

36-5-114. Leasing for industrial, commercial, residential and recreational purposes; authority; rental fees; rules and regulations.

(a) The board of land commissioners may lease for a term of not more than seventy-five (75) years state lands for industrial, commercial and recreational purposes.

(b) The board may lease state lands for purposes which shall bring about the compatible use of the surface area and shall inure to the greatest long term benefit of the state land trust. Provided, however, that nothing herein contained shall result in the substantive impairment of existing leases or the preferential right to the renewal thereof.

(c) The board shall fix a rental value based upon not less than the fair market value of each use of the land. If the land to be leased under this subsection was originally acquired by the state for the benefit of the common school permanent land fund, and is to be used by a Wyoming school district for the construction and maintenance of school buildings and facilities, the board may assess an annual rental fee of one hundred dollars ($100.00) per acre or not less than fair market value, whichever is less.

(d) The board shall promulgate rules and regulations implementing policies, procedures and standards for the long- term leasing of state lands for industrial, commercial and recreational purposes under the provisions of W.S. 36-5-114 through 36-5-117, including provisions requiring compliance with all applicable land use planning and zoning laws and permitting the board to terminate a lease for good cause shown. When the office of state lands and investments initiates a request for a proposed leasing of state lands, the office shall require not less than thirty (30) days notice be provided:

(i) On the website of the office of state lands and investments;

(ii) In a newspaper of general circulation in the county or counties where the state lands are to be leased; and

(iii) To current lessees of the state lands and owners of adjoining lands by certified mail.

36-5-115. Leasing for industrial, commercial and recreational purposes; "recreational purposes" defined.

As used in W.S. 36-5-114 through 36-5-117 the term "recreational purposes" means land used for cabin sites, public camp sites, public parks and recreation areas, golf courses and any associated residential development, youth groups and ski or winter sports areas.

36-5-116. Leasing for industrial, commercial and recreational purposes; assignment or transfer.

Leases issued under the provisions of W.S. 36-5-114 through