Title 36 · WY
36-8-902(a) and subject to any rights-of-way or other easements
Citation: Wyo. Stat. § 36-8-902
Section: 36-8-902
36-8-902(a) and subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now exist thereon.
(d) The conveyances authorized in this section shall be by sale at fair market value as determined by an appraisal.
36-8-1204. Fort Bridger state historic site; acceptance of lands. The legislature authorizes the acceptance of the following lands to be included in the Fort Bridger state historic site managed by the department of state parks and historic sites upon final negotiation with Uinta County: Township 16 North, Range 115 West, NW1/4 of the SE1/4 of the SW1/4 of Section 33, the North 30' of Carter Avenue, between Block 15 and Block 6 of the Carter's Addition to Fort Bridger as said plat is recorded in the Uinta County Records office.
ARTICLE 13 - WYOMING VETERANS' MEMORIAL MUSEUM
36-8-1301. Repealed By Laws 2008, Ch. 63, § 2.
ARTICLE 14 - WYOMING HISTORIC MINE TRAIL AND BYWAY SYSTEM
36-8-1401. Repealed By Laws 2009, Ch. 6, § 2.
36-8-1402. Wyoming historic mine trail and byway system; creation; department duties and processes for trail and byway development; advisory groups.
(a) The Wyoming historic mine trail and byway system is created for purposes of designating and identifying historic mine locations and trails and byways linking historic mines within the state, and as such, shall:
(i) Provide a precise history of mineral development in Wyoming;
(ii) Interpret the role of mining and minerals in the development of Wyoming's economy;
(iii) Identify and describe Wyoming's mining and mineral development heritage.
(b) The Wyoming historic mine trail and byway system shall be established by the department of state parks and cultural resources. The system shall expand upon the first designated historic mine trail and byway as established by this subsection, which shall link the gold mines located in South Pass City, Miners' Delight and Atlantic City, Wyoming, to the iron mines located near Atlantic City, to the uranium mines in the Crooks Gap and Gas Hills mining districts located in Fremont County, Wyoming.
(c) Repealed By Laws 2009, Ch. 6, § 2. (d) Repealed By Laws 2009, Ch. 6, § 2.
36-8-1403. Repealed By Laws 2009, Ch. 6, § 2.
ARTICLE 15 - OTHER DESIGNATIONS
36-8-1501. State park designation; state historic site designation; state archeological site designation; state recreation area designation.
(a) In addition to state parks designated in other statutes, the following lands are designated as state parks and the department shall by rule specify the legal description of the parks:
(i) The lands in Fremont County managed by the department as of July 1, 2010 as Boysen state park;
(ii) The lands in Park County managed by the department as of July 1, 2010 as Buffalo Bill state park;
(iii) The lands in Natrona County managed by the department as of July 1, 2010 as Edness Kimball Wilkins state park;
(iv) The lands in Platte County managed by the department as of July 1, 2010 as Glendo state park;
(v) The lands in Platte County managed by the department as of July 1, 2010 as Guernsey state park;
(vi) The lands in Crook County managed by the department as of July 1, 2010 as Keyhole state park;
(vii) The lands in Carbon County managed by the department as of July 1, 2010 as Seminoe state park.
(b) In addition to state historic sites designated in other statutes, the following lands are designated as state historic sites and the department shall by rule specify the legal description of the sites:
(i) The lands in Albany County managed by the department as of July 1, 2010 as Ames Monument state historic site; (ii) The lands in Sheridan County managed by the department as of July 1, 2010 as Conner Battlefield state historic site;
(iii) The lands in Sheridan County managed by the department as of July 1, 2010 as Fetterman Battlefield state historic site;
(iv) The lands in Sublette County managed by the department as of July 1, 2010 as Fort Bonneville state historic site;
(v) The lands in Uinta County managed by the department as of July 1, 2010 as Fort Bridger state historic site;
(vi) The lands in Converse County managed by the department as of July 1, 2010 as Fort Fetterman state historic site;
(vii) The lands in Johnson County managed by the department as of July 1, 2010 as Fort Phil Kearny state historic site;
(viii) The lands in Johnson County managed by the department as of July 1, 2010 as Fort Reno state historic site;
(ix) The lands in Uinta County managed by the department as of July 1, 2010 as Fort Supply state historic site;
(x) The lands in Sweetwater County managed by the department as of July 1, 2010 as Granger Stage Station state historic site;
(xi) The lands in Laramie County managed by the department as of July 1, 2010 as the Historic Governors' Mansion state historic site;
(xii) The lands in Natrona County managed by the department as of July 1, 2010 as Independence Rock state historic site;
(xiii) Repealed by Laws 2018, ch. 30, § 2.
(xiv) The lands in Lincoln County managed by the department as of July 1, 2010 as Names Hill state historic site; (xv) The lands in Platte County managed by the department as of July 1, 2018 as Oregon Trail state historic site including the Trail Ruts and Register Cliff units;
(xvi) The lands in Uinta County managed by the department as of July 1, 2010 as Piedmont Kilns state historic site;
(xvii) The lands in Carbon County managed by the department as of July 1, 2010 as Platte River Stage Crossing state historic site;
(xviii) The lands in Sweetwater County managed by the department as of July 1, 2010 as Point of Rocks Stage Station state historic site;
(xix) The lands in Natrona County managed by the department as of July 1, 2010 as Red Buttes Battle and Cemetery state historic site;
(xx) Repealed by Laws 2018, ch. 30, § 2.
(xxi) The lands in Sheridan County managed by the department as of July 1, 2010 as Trail End state historic site;
(xxii) The lands in Sheridan County managed by the department as of July 1, 2010 as Wagon Box Fight state historic site;
(xxiii) The lands in Platte County managed by the department as of July 1, 2010 as Wyoming Pioneer Museum state historic site;
(xxiv) The lands in Converse County managed by the department as of July 1, 2018 as Camp Douglas state historic site;
(xxv) The lands in Campbell County managed by the department as of July 1, 2018 as LX Bar Ranch state historic site;
(xxvi) The lands in Laramie County managed by the department as of the date of any agreement made in accordance with W.S. 36-8-1601(a) as Quebec 1 missile alert facility state historic site. (c) In addition to state archaeological sites designated in other statutes, the following lands are designated as state archaeological sites and the department shall by rule specify the legal description of the sites:
(i) The lands in Hot Springs County managed by the department as of July 1, 2010 as Legend Rock state archaeological site;
(ii) The lands in Big Horn County managed by the department as of July 1, 2018 as Medicine Lodge state archaeological site including upon mutual written agreement with the Wyoming game and fish department the following adjacent state lands to be managed by the department of state parks and cultural resources:
(A) A parcel of land of approximately ten (10) acres in Dry Fork canyon;
(B) A parcel of land of approximately fourteen (14) acres of the pasture parcel in the hay meadow;
(C) A parcel of land of approximately twenty-eight (28) acres west of park headquarters.
(iii) The lands in Platte County managed by the department as of July 1, 2023 as Sutton state archaeological site.
(d) The lands in Goshen County managed by the department as of July 1, 2010 as Hawk Springs recreation area are designated as the Hawk Springs state recreation area. The department shall by rule specify the legal description of the recreation area.
ARTICLE 16 - QUEBEC 1 MISSILE ALERT FACILITY
36-8-1601. Authorizing lease or use of Quebec 1 missile alert facility; declaration of Quebec 1 missile alert facility state historic site.
(a) The legislature authorizes the department of state parks and cultural resources, in consultation with the governor and the attorney general, to negotiate a lease or use agreement for the Quebec 1 missile alert facility from the United States department of the air force to allow the department of state parks and cultural resources to operate the facility as a historic site. Any lease or use agreement may include a provision that provides facilities for volunteer firemen to store equipment and vehicles.
(b) Before entering into any lease or use agreement under subsection (a) of this section:
(i) The department of state parks and cultural resources shall hold a public hearing to receive input on how operating the facility as a historic site may affect adjacent landowners and on the advisability of proceeding with the lease or use agreement;
(ii) An environmental baseline survey pursuant to Air Force Instruction 32-7066 shall be completed. The survey shall identify the nature and magnitude of environmental contamination of the property. The survey shall include a search of all available historic and operational records and survey reports, collection of samples as appropriate and inspections;
(iii) Upon completion of the hearing and the survey, the department of state parks and cultural resources shall report the findings of the hearing and the results of the survey to the joint travel, recreation, wildlife and cultural resources interim committee and the governor. After receiving the findings of the hearing and the report under this subsection, the governor may authorize the execution of the lease or use agreement negotiated under subsection (a) of this section.
(c) If the governor determines that it is in the best interests of the state to take ownership of the Quebec 1 missile alert facility, the governor is authorized to negotiate the terms of the transfer. Negotiations shall include, but not be limited to, consideration of whether the state may acquire by way of donation equipment and accessories from the United States department of the air force used when the Quebec 1 missile alert facility was in full operation or used in other related or nonrelated military operations to enhance the experience of the historic site, including retired missile shells and retired military aircraft, vehicles and arms. A transfer under this subsection shall be in accordance with the following:
(i) Prior to any transfer, the department of state parks and cultural resources shall hold a public hearing to receive input on how operating the facility as a historic site may affect adjacent landowners and on the advisability of proceeding with the transfer. Upon completion of the hearing, the department of state parks and cultural resources shall report the findings of the hearing to the governor;
(ii) The legislature authorizes the governor to accept the terms of the transfer provided that:
(A) The governor considers the findings reported under paragraph (i) of this subsection and determines it is in the best interests of the state to take ownership of the facility;
(B) The governor reports the terms of the transfer to the joint appropriations committee prior to the transfer;
(C) The terms of the transfer include a provision requiring the United States department of the air force or other appropriate agency to retain liability for all environmental, closure and reclamation obligations that exist as of the date of the potential transfer.
(d) Upon transfer of land, the Quebec 1 missile alert facility is declared to be a state historic site and shall be known as the "Quebec 1 missile alert facility state historic site".
36-8-1602. Administration; fees.
(a) Upon the execution of a use or lease agreement under this article, the department of state parks and cultural resources is authorized to administer, operate and maintain the historic site in accordance with the National Historic Preservation Act of 1966, as amended, and the programmatic agreement between the United States department of the air force and the department of state parks and cultural resources. The historic site shall be open to the public for a seasonal period as determined by the department of state parks and cultural resources.
(b) Notwithstanding any other provision of law, the department of state parks and cultural resources may impose an admissions fee in excess of fees charged for admissions to other state parks and sites to fund necessary expenses incurred for development, operations, personnel and maintenance of the Quebec 1 missile alert facility. Funds collected from the admissions fee shall be deposited in a separate account and are continuously appropriated to the department to pay expenses authorized by this subsection. The remaining funds collected from the admissions fee at the end of the fiscal year may be deposited in the state parks account and expended in accordance with W.S. 36-4-121(h). Revenues and expenditures under this subsection for each of the immediately preceding two (2) fiscal years shall be reported within the department's biennial budget request submitted under W.S. 9-2-1013.
ARTICLE 17 - RANCH A
36-8-1701. Ranch A account; use of funds.
(a) There is created the Ranch A account. The board of land commissioners shall deposit all earnings, whether from lease or otherwise, generated by state owned property commonly known as "Ranch A" to the account. The board may accept gifts from any individual or entity for Ranch A and shall deposit those funds to the account. Funds in the account from any source are continuously appropriated to the board for purposes of capital construction projects, major maintenance and maintenance of the outdoor recreation area and the facilities comprising Ranch A. Notwithstanding W.S. 9-2-1008 and 9-4-207, any earnings from funds in the account shall be credited to the account and shall not lapse at the end of any fiscal period.
(b) As used in this section "Ranch A" means the following described property: In township 52 north, range 60 west, 6th p.m., section 18, lots 3, 4: SE1/4 SW1/4: SW1/4 SE1/4: 7.79 acres in NE1/4 SW1/4; section 19 lot 1, NE1/4 NW1/4. In township 52 north, range 61 west, 6th p.m., section 13: lot 4: W1/2 SE1/4: SE1/4 SE1/4; section 24 NE1/4 (less 1.0 acre): NE1/4 NW1/4: E1/2 NE1/4 NW1/4 SE1/4 less south 50 feet: W1/2 NW1/4 NE1/4 SE1/4 less south 50 feet. All containing six hundred twelve and ninety-four hundredths (612.94) acres more or less.
CHAPTER 9 - SALE OF STATE LANDS
36-9-101. Authority; restrictions.
(a) The board of land commissioners may at any time direct the sale of state lands subject to any lease thereof. Subject to criteria established by the board, any person may request that a parcel of state land be considered for sale by the board, but such lands shall only be nominated for sale by a majority vote of the board. Such lands which have been reserved in any way to the public use, or for the use of public institutions, shall not be sold to any member of the board. The board shall sell such lands according to the subdivisions of sections as established by the United States survey thereof, or by metes and bounds, as may appear to be to the interest of the state of Wyoming. The board shall sell such subdivisions as it shall deem for the best interests of the state land trust. The board shall not sell state land unless the board finds that the proceeds from the sale are protected from inflationary effects and the proceeds will earn a significantly higher rate of return than can be realized through retention of the surface estate and if the board finds that the sale will:
(i) Make state lands more manageable where the lands are not otherwise manageable;
(ii) Meet a specific need of a school or community for land;
(iii) Better meet multiple use objectives of the beneficiaries of the trust; or
(iv) Realize a clear long term benefit to the trust which substantially exceeds the present and probable future benefit from continued ownership.
36-9-102. Manner of sale; minimum price.
All state lands shall be disposed of only at public auction to the highest responsible bidder after having been duly appraised by the board, and shall be sold at not less than the appraised value thereof, and for not less than ten dollars ($10.00) per acre.
36-9-103. Appraisers for improvements.
All improvements upon state lands, when such lands are to be sold as provided by W.S. 36-9-102, shall be appraised by three (3) disinterested persons who shall appraise the improvements separately from the lands, though they may be attached thereto. The said appraisers shall upon application of the state land board, be appointed by a judge of the district court of the judicial district wherein the lands are situate.
36-9-104. Advertisement.
All sales of state lands under this act shall be advertised for four (4) consecutive weeks in some newspaper in the county in which such land is situated, if there be such paper; if not, then in some paper published in an adjoining county. Advertisements of such sales may be made in other papers, as the board may direct. The advertisement shall state the time, place, description of land, and terms of sale, and the price at which the land was appraised by the board for each parcel.
36-9-105. Purchaser to pay owner appraised value of improvements; receipt.
If any state lands are sold upon which surface improvements, including irrigation works of any kind, have been made by a lessee, or for which water rights or proportionate interests in irrigation, reservoirs, canals, or systems, have been acquired, the improvements, irrigation works and water rights shall be appraised under the direction of the board. The purchaser of the lands, upon which improvements and irrigation works have been made, or for which water rights have been acquired as herein provided for, shall pay the owner of such improvements, irrigation works or water rights, as the case may be, the current market value of the improvements unless a different value is agreed to between the owner of the improvements and the applicant thereof, and take a receipt therefor, and shall deliver the receipt to the director before he shall receive a patent or certificate of purchase. All such receipts shall be filed and preserved in the office of state lands and investments. 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.
36-9-106. Place of sale; execution of leases.
All sales of state lands shall be held at a location to be determined by the board within the county in which the land is located and leases for state lands may be executed in the presence of a notarial officer or other officer authorized to administer oaths.
36-9-107. Terms of payment.
(a) The terms of payment for school and state lands shall be as follows: not less than twenty-five percent (25%) of the purchase price in cash on day of sale, the balance is not to exceed thirty (30) equal annual payments figured on the amortization plan, which shall include interest on the deferred part of the payments at a rate of interest established by the board in accordance with current interests rates. The interest rate on all amounts not paid when due shall be established by the board in accordance with current lending practices. The purchaser may pay in full at the time of the sale or payment of any installment may be made at any time if accrued interest is paid to the time of payment.
(b) When school or state lands are sold under an installment contract the state shall insert a provision that the vendee shall pay the taxes upon the fair value of the lands sold from the date of the contract. The provision is binding upon the vendee. The installment contract shall be recorded in the county wherein the lands are situated by the vendee within thirty (30) days following its execution.
36-9-108. "Amortization plan" defined.
The amortization plan is hereby defined, when applied to state land contracts or certificates, as being that plan under which part of the principal is required to be paid each time interest becomes due and payable, and under which this part payment on the principal increases at each succeeding installment in the same amount that the interest payment decreases, so that the combined amount due on principal and interest on each due date remains the same until the loan is paid in full.
36-9-109. Certificate of purchase; issuance and contents.
When any state land shall have been purchased according to law, the board shall make and deliver to the purchaser a certificate of purchase, which shall contain the name of the purchaser, a description of the land purchased, the sum paid, the sum remaining unpaid, the amount of annual payments, which shall include the accrued interest, upon the amortization plan as hereinbefore defined, and the date on which each of the deferred payments falls due. All annual payments shall be due and payable on the first day of December of each year, provided that interest is paid on the full amount of the deferred payments at the rate of four percent (4%) per annum from date of the sale to the first day of December following such date of sale.
36-9-110. Certificate of purchase; conversion of outstanding certificates; fee.
(a) Any certificate of purchase of state or school land issued and outstanding when this act takes effect may be converted into an amortization certificate on the plan set forth in this act at the request of the holder of said certificate of purchase, and with the consent of the state board of land commissioners; provided, however, that any certificate holder converting said certificate as herein provided shall pay interest on future payments at the rate of four and one-quarter percent (4 1/4%) per annum and six percent (6%) per annum on all amounts not paid when due.
(b) The director shall collect in addition to the fees provided by law the sum of two dollars ($2.00) to be used by him for expenses incidental with transfers as made optional by this act for supplies, extra clerk hire, etc., and any unused portion of same shall be paid to the state treasurer at such time as all transfers have been made.
36-9-111. Certificate of purchase; loss or wrongful detention.
Whenever a certificate of purchase shall be lost, or wrongfully withheld from the owner thereof, the board may receive evidence of such loss or wrongful detention, and upon satisfactory proof of this fact, and such indemnity therefor as the board may prescribe, it may cause a new certificate of purchase or patent, as the case may be, to be issued to such person as shall appear to it to be the proprietor of the land described in the original certificate of purchase.
36-9-112. Granting of patents; reservation of minerals.
(a) Whenever the purchaser of any state land, or his assign, has complied with all the conditions of this act and has paid all the purchase money therefor, together with the lawful interest thereon, he shall receive a patent for the land purchased. Such patent shall run in the name of the state of Wyoming, it shall be signed by the governor, and countersigned by the director, and attested by the seal of the board. Such patent signed and executed as aforesaid shall convey a good and sufficient title to the patentee therein named. A fee interest in any state land may be perfected only as herein provided and only by express grant by the state of Wyoming for that purpose.
(b) Patents issued by the state of Wyoming shall contain a reservation to the state of all the minerals, whether or not now known, or which may be discovered hereafter, together with the right of ingress and egress to prospect for, mine, and remove such minerals. The board of land commissioners is authorized to promulgate rules and regulations necessary to implement the exchange of mineral rights on a value for value basis. The exchange program may authorize a cash equalization receipt or payment of up to twenty-five percent (25%) of the value of the mineral rights. Any receipt shall be deposited into, and any payment shall be made from, the permanent land fund.
36-9-113. Deposition of moneys.
All moneys arising from the sale or lease of state lands as collected shall be paid by the board to the treasurer of the state, who shall receipt for the money.
36-9-114. Refund of money when paid by mistake.
In case any person, persons or corporation shall pay to the board of land commissioners any money for any state or school lands sold to him, or them, or in case any person shall pay into the state treasury, any money in consideration of the leasing of lands, which said board supposed to belong to the state, and it shall thereafter be discovered that such lands do not belong to the state, and were not subject to sale by the state, as state or school lands, such money, together with interest-except in the case of money paid for leases-at the rate of six percent (6%) per annum from the date of the patent for such lands, but without interest if they have not been patented, shall be refunded to the person buying the same, upon certificate from the board of land commissioners to the effect that such money has been paid under mistake as aforesaid, such certificate being accompanied by a verified statement of account thereof, as in the case of other claims against the state; and upon the presentation of such certificate to the state auditor he shall draw his warrant upon the state treasurer for the amount named in such certificate, if the same is within the limit of any appropriation of money for said purpose. And it is hereby made the duty of said board to furnish such certificates upon ascertaining the fact of the mistake having been made.
36-9-115. Determination of claims; rules and regulations against fraud.
The board of land commissioners may hear and determine the claims of each person who may claim to be entitled, in whole or in part, to any lands owned by this state. The decisions of the board shall be final until set aside by a court of competent jurisdiction. The board may establish such rules and regulations as in its opinion may be proper to prevent fraudulent applications being granted. 36-9-116. Trespass.
Any person who shall use or who shall occupy any state land without lease or certificate of purchase, and any person who shall use or occupy state lands for more than thirty (30) days after the cancellation or expiration of his lease, unless he shall be a purchaser thereof, shall be a trespasser; and upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00), and the bondsmen of such lessee shall, upon the bond of such lessee, be equally liable with the lessee for the payment of such fine imposed.
36-9-117. Institution of actions.
All civil suits or actions brought under the provisions of this act shall be instituted by the board, in the name of the people of the state of Wyoming.
36-9-118. Rights-of-way for public conveyances.
The board may, at their discretion, grant permanent rights-of- way or easements across or upon any portion of state or school lands, upon such terms as the board may determine, for any ditch, reservoir, railroad, public highway, telegraph and telephone lines, communications company facility or other public conveyances. As used in this section, "communications company" means as defined in W.S. 1-26-813.
36-9-119. Rights of ditch owners.
Nothing in this act shall be construed so as to impair the rights of any ditch company, or any person owning any ditch or ditches, on or passing through any of the lands included herein.
36-9-120. Rights-of-way to counties.
Upon application of the board of county commissioners of any county, the board of land commissioners shall have authority to grant either a temporary or permanent right-of-way for ditches owned by the county or for county roads over and across any of the state or school lands, upon such terms as said board may determine, and to issue to such county a certificate therefor; no charge shall be exacted for the filing of such application or for the issuance of such certificate or for granting and recording a right-of-way. 36-9-121. County and municipal roads on state lands; easements granted; duties.
(a) As used in this section:
(i) "County road" means a road that is established pursuant to W.S. 24-3-101 through 24-3-127, identified pursuant to W.S. 24-3-201 through 24-3-206 or a road for which the county is responsible for improvements and maintenance as designated by resolution of a board of county commissioners;
(ii) "Municipal road" means a road that is established by a city or town and for which the city or town is responsible for improvements and maintenance.
(b) Subject to subsection (h) of this section, a perpetual easement for a right-of-way over and across any state or school lands is hereby granted for county roads and municipal roads that go over and across any state or school lands and that were established before January 1, 2025.
(c) No fee, charge, assessment or other cost shall be imposed on any county, city or user of a municipal road or county road for the perpetual easement granted under subsection (b) of this section.
(d) Not later than August 1, 2025, the director shall provide to the board a listing of all county and municipal roads that go on or across state lands or school lands and all documents necessary for establishing or securing the easements granted in subsection (b) of this section. The director may request any documentation from counties, cities and towns as necessary to secure the easements, provided that the board shall be responsible for all costs associated with the documentation required under this subsection.
(e) Not later than October 31, 2025:
(i) The board shall promulgate or amend rules as necessary to provide for the easements granted in subsection (b) of this section;
(ii) The director, in consultation with the board, shall provide a list of all county roads and municipal roads for which the easements were granted under subsection (b) of this section to all counties, cities and towns. (f) Not later than April 1, 2030, each county, city and town that has a county road or municipal road for which an easement has been granted under subsection (b) of this section shall provide complete and proper documentation to the director and the board as necessary to secure the easement for the county or municipal road.
(g) Not later than ninety (90) days after receiving all necessary documentation to effectuate an easement under subsection (f) of this section, the board shall provide proper evidence of the easement granted under this section. The board shall be responsible for recording or filing with the county clerk all documents necessary to demonstrate the granting of the easement under this section.
(h) All county roads and municipal roads constructed or established on and after January 1, 2025 shall secure easements or rights-of-way for roads going on and across state or school lands in accordance with law and rules of the board. Nothing in this section shall be construed to grant an automatic easement for county roads and municipal roads constructed or established on and after January 1, 2025.
CHAPTER 10 - UNITED STATES LANDS
ARTICLE 1 - IN GENERAL
36-10-101. Authority to acquire state lands; reservation of mineral rights.
The United States shall be and is authorized to acquire by purchase or condemnation or otherwise, any land in this state required for public buildings, custom houses, arsenals, national cemeteries, or other purposes essential to the national defense in necessary use of said land by armed naval, air or land forces, or land to be physically occupied by the Boysen Dam, its reservoir, power plant and distribution systems, or lands to be physically occupied by dams, reservoirs, power plants and distribution systems in United States reclamation service projects, and the state of Wyoming hereby consents thereto, provided that the mineral content of lands so acquired, if owners thereof so elect, shall be reserved to such owners.
36-10-102. Jurisdiction ceded to United States.
The jurisdiction of the state of Wyoming in and over any land so acquired by the United States shall be, and the same is hereby ceded to the United States, but the jurisdiction so ceded shall continue no longer than the said United States shall own the said land.
36-10-103. Retention of concurrent jurisdiction by state.
The said consent is given and the said jurisdiction ceded upon the express condition that the state of Wyoming shall retain concurrent jurisdiction with the United States in and over the said land, so far as that all civil process, in all cases, and such criminal and other process as may issue under the laws or authority of the state of Wyoming against any person or persons charged with crimes or misdemeanors committed within said state, may be executed therein in the same way and manner as if such consent had not been given or jurisdiction ceded, except so far as such process may affect the real or personal property of the United States.
36-10-104. When jurisdiction vests; exoneration from taxes, assessments and other charges.
The jurisdiction hereby ceded shall not vest until the United States shall have acquired the title to the said lands by purchase or condemnation or otherwise, and so long as the said land shall remain the property of the United States when acquired as aforesaid, and no longer, the same shall be and continue exonerated from all taxes, assessments and other charges which may be levied or imposed under the authority of this state.
36-10-105. Rights-of-way.
There is hereby granted over all the lands now owned by the state of Wyoming, and which may hereafter be owned by the state of Wyoming, a right-of-way for public utility facilities constructed by and under the authority of the United States. Any right-of-way desired by the United States shall be surveyed and platted and certified maps and plats of the right-of-way filed with the board of land commissioners, the maps and plats to be in conformity with the requirements of W.S. 37-9-201 [repealed], regarding rights-of-way for railroad corporations. No fee other than fair market value for the easements as determined by the board of land commissioners shall be requested for the filing of the maps and plats. All conveyances by the state of any of its lands, which may hereafter be made, shall contain a reservation for rights-of-way provided for in this section granted prior to July 1, 1981. 36-10-106. Yellowstone National Park; reservation of jurisdiction by United States.
By section 2 of the Act of Admission of the state of Wyoming, 26 United States Statutes at Large, 222, chapter 664, the United States of America reserved exclusive control and jurisdiction over Yellowstone National Park and future additions to Yellowstone National Park. The boundaries of Yellowstone National Park at the time of admission were defined in 17 United States Statutes at Large 32.
36-10-107. Yellowstone National Park; boundary revision.
On March 1, 1929, the congress of the United States by the passage of an act set out in 45 United States Statutes at Large 1435 revised the boundaries of Yellowstone National Park.
36-10-108. Yellowstone National Park; jurisdiction ceded to state.
By reason of the act of March 1, 1929, as set out in 45 United States Statutes at Large 1435, revising the boundaries of Yellowstone National Park, the United States of America ceded exclusive jurisdiction to the state of Wyoming over that part of Yellowstone National Park which was in the original boundaries of Yellowstone National Park, but which was without the revised boundaries of Yellowstone National Park, upon the acceptance of said exclusive jurisdiction by the state of Wyoming.
36-10-109. Yellowstone National Park; acceptance of jurisdiction by state.
The state of Wyoming hereby accepts jurisdiction for all purposes whatsoever over the lands included within the original boundaries of Yellowstone National Park as described in 17 United States Statutes at Large 32 but excluded from the revised boundaries of Yellowstone National Park as described in 45 United States Statutes at Large 1435.
ARTICLE 2 - GRAND TETON NATIONAL PARK
36-10-201. Present funds to be paid to treasurer of Teton county.
All funds now held by the treasurer of the state of Wyoming, which have been received by the state of Wyoming from the United States under Public Law 787-81st congress (which is known as an act to establish a new Grand Teton National Park in the state of Wyoming, and for other purposes) shall be immediately paid by the state treasurer to the treasurer of Teton county, Wyoming.
36-10-202. Subsequent funds received to be paid to treasurer of Teton county.
All funds hereafter received by the state of Wyoming from the United States under aforesaid act shall be paid by the state treasurer to the treasurer of Teton county, Wyoming, as soon as received.
36-10-203. Crediting and distribution of funds received by treasurer of Teton county.
The treasurer of Teton county, Wyoming, shall credit all funds so received to the various tax districts of said county in the proportion that the assessed valuation each tax district bears to the total assessed valuation of the county; and shall distribute the funds so credited to the various funds of the tax districts in accordance with the distribution chart of the year in which such funds are received by the county treasurer. Provided, that the state of Wyoming shall each year receive from Teton county the same proportion of said funds and in the same manner as if such funds had been received by Teton county in payment of taxes.
CHAPTER 11 - CORNER PERPETUATION AND FILING ACT
36-11-101. Amended and renumbered as 33-29-140 By Laws 1997, ch. 116, § 2.
36-11-102. Amended and renumbered as 33-29-141 By Laws 1997, ch. 116, § 2.
36-11-103. Amended and renumbered as 33-29-142 By Laws 1997, ch. 116, § 2.
36-11-104. Renumbered as 33-29-143 By Laws 1997, ch. 116, § 3.
36-11-105. Amended and renumbered as 33-29-144 By Laws 1997, ch. 116, § 2.
36-11-106. Amended and renumbered as 33-29-145 By Laws 1997, ch. 116, § 2. 36-11-107. Amended and renumbered as 33-11-146 By Laws 1997, ch. 116, § 2.
36-11-108. Renumbered as 33-29-147 By Laws 1997, ch. 116, § 3.
36-11-109. Amended and renumbered as 33-29-148 By Laws 1997, ch. 116, § 2.
36-11-110. Renumbered as 33-29-149 By Laws 1997, ch. 116, § 3.
CHAPTER 12 - STATE CONTROL OF CERTAIN LAND
36-12-101. Legislative determinations.
(a) The legislature determines:
(i) The intent of the framers of the constitution of the United States was to guarantee to each of the states sovereignty over all matters within its boundaries except for those powers specifically granted to the United States as agent of the states;
(ii) The attempted imposition upon the state of Wyoming by the congress of the United States of a requirement in the Statehood Act that the state of Wyoming and its people "disclaim all right and title to any lands or other property not granted or confirmed to the state or its political subdivisions by or under the authority of this act, the right or title to which is held by the United States or is subject to disposition by the United States", as a condition precedent to acceptance of Wyoming into the Union, was an act beyond the power of the congress of the United States and is thus void;
(iii) The purported right of ownership and control of the unappropriated public land in the state of Wyoming by the United States is without foundation and violates the clear intent of the constitution of the United States; and
(iv) The exercise of that dominion and control of the public land in the state of Wyoming by the United States works a severe, continuous and debilitating hardship upon the people of the state of Wyoming.
36-12-102. Management. (a) Upon transfer to the state of Wyoming [of] the jurisdiction and ownership of lands and mineral resources subject to this act, the board shall manage such in an orderly manner in trust for the optimum benefit and use of all the people of Wyoming and in conformity with established concepts of multiple use and sustained yield which will permit the development of uses for agriculture, grazing, recreation, minerals, timber, and the development, production and transmission of energy and other public utility services. It shall be managed in such a manner as to permit the conservation and protection of watersheds and wildlife habitat, and historic, scenic, fish and wildlife, recreational and natural values.
(b) The board of land commissioners shall develop a plan for the transfer and management of lands and minerals subject to this act. This plan will be submitted to the governor and legislature prior to January 1, 1983 and will be subject to their approval. Such a management plan shall consider:
(i) Management of the land pursuant to subsection (a);
(ii) Policy and program regarding disposal, lease or exchange of any lands or resources acquired pursuant to this act;
(iii) Policy and program regarding public access to use of such lands;
(iv) Conservation of lands for wildlife habitat or recreational purposes; and
(v) Program regarding use or transfer of lands to municipalities and other governmental entities for public purposes.
(c) As used in this section:
(i) Sustained yield means the maintenance of a high-level annual or regular periodic output of the various renewable resources of the state lands consistent with multiple use;
(ii) Multiple use means the management of the land in a combination of balanced and diverse resource uses that takes into account the long-term needs for renewable and nonrenewable resources, including but not limited to recreation, range, timber, minerals, watershed, wildlife and fish, natural, scenic, scientific and historical values, and the coordinated management of the resources without permanent impairment of the productivity of the land or the quality of the environment.
36-12-103. Property of the state.
Subject to valid existing rights of applicants for land, after March 30, 1980, all federal land in the state except as set forth in W.S. 36-12-109 and all water and mineral rights appurtenant not previously appropriated are the exclusive property of the state and subject to its jurisdiction and control.
36-12-104. Existing rights under federal law.
Until equivalent measures are enacted by the legislature, the rights and privileges of the people of this state granted under the provisions of existing federal law are preserved under administration by the board of land commissioners.
36-12-105. Interstate compacts.
Land in the state which has been administered by the United States under interstate compacts will continue to be administered by the state in conformity with those compacts.
36-12-106. Multiple use.
The land shall be used to foster, promote and encourage the optimum development of the state's human, industrial, mineral, agricultural, water, wildlife and wildlife habitat, timber and recreational resources.
36-12-107. Proceeds to the general fund.
The proceeds of sales, fees, rents, royalties or other receipts from the land paid to the state under this act shall be deposited in the general fund.
36-12-108. Enforcement of provisions; civil actions; penalties.
(a) The state has exclusive jurisdiction to enforce the provisions of this act. (b) An individual may institute a civil action to recover damages for injury or loss sustained as the result of a violation of the provisions of this act.
(c) Any person who attempts to exercise jurisdiction over land secured under this act in a manner not permitted by the laws of the state is guilty of a felony punishable by imprisonment for not less than two (2) years nor more than ten (10) years.
36-12-109. Definition.
(a) As used in this act "land" means all land and water within the exterior boundaries of the state of Wyoming except land and water:
(i) To which title is held by a private person or entity;
(ii) To which title was held by the state or a municipality in the state before March 1, 1980;
(iii) Which is controlled by the United States department of defense on March 1, 1980;
(iv) Which was a national park, national monument, land held in trust for Indians, wildlife refuge or wilderness area established prior to January 1, l980.