5-3-101. The board membership shall reflect a broad spectrum of

5-3-101. The board membership shall reflect a broad spectrum of outdoor recreation experiences, which may include wildlife management, sportsmen, tourism, motorized and non-motorized recreation and private land ownership.

(b) Except as otherwise provided by this subsection, each appointed member of the board shall serve for a term of six (6) years and may be reappointed for one (1) consecutive, additional term. Upon creation of the Wyoming outdoor recreation and tourism trust account board, three (3) members of the board shall be appointed for a term of two (2) years, three (3) members shall be appointed for a term of four (4) years and three (3) members shall be appointed for a term of six (6) years. The governor may remove any member as provided in W.S. 9- 1-202. Any vacancy occurring between sessions of the legislature may be filled by the governor as provided under W.S. 28-12- 101(b). The board shall select one (1) of its members to serve as chairman.

(c) The secretary to the board shall be the manager of the Wyoming outdoor recreation office within the department of state parks and cultural resources. The secretary to the board shall administer funds at the direction of the board and shall further act as liaison for the board to other state, federal and local governmental entities, the Eastern Shoshone and Northern Arapaho tribes, or the cooperative tribal governing body, as well as nonprofit organizations, residents and nonresidents who seek to provide input regarding grant proposals.

(d) The board shall meet regularly, not less than four (4) time per year. Members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their duties in the manner and amounts provided by law for state employees.

(e) The board shall receive and evaluate applications for grants from the income account and shall forward applications for large projects to the select committee for review and recommendation. The board may approve grants for any small project. Funds in the income account are continuously appropriated for small project grants approved by the board and for approved large projects as specified by W.S. 36-4-203(e).

(f) The board shall adopt rules and regulations in accordance with the Wyoming Administrative Procedure Act as necessary to carry out its duties under this act, including rules and regulations to:  (i) Establish criteria for grants from the income account which accomplish the purposes of this act;

(ii) Establish criteria for matching funds or other in-kind contributions from grantees;

(iii) Evaluate and rank grant proposals, with emphasis on those projects that include support from multiple partners and funding sources;

(iv) Review and monitor grants to grantees;

(v) Evaluate the effects of grant proposals on providing recreation and tourism opportunities for residents and nonresidents;

(vi) Establish criteria for the acceptance or rejection of gifts, transfers, bequests and donations including interests in real or personal property, which criteria shall be consistent with this act. Based on those criteria, the board shall make a recommendation regarding the acceptance of any fee simple interest in real property to the board of land commissioners. Based on the board's recommendation, the board of land commissioners shall make a final determination on acceptance or rejection of any fee simple interest in real property under this act;

(vii) Consider the benefits and impacts of grant proposals on local communities, including its socioeconomic, cultural, natural and wildlife resources;

(viii) Consult, or ensure that the applicant has consulted, with other governmental entities, the Eastern Shoshone or Northern Arapaho tribe, or the cooperative tribal governing body, stakeholders and nonprofit organizations, as appropriate.

(g) In fulfilling its duties under this act the board may:

(i) Accept or decline federal grants and other contributions, grants, gifts, transfers, bequests and donations of any money, personal property or interests in real property other than a fee simple interest from any source. The board shall make a recommendation regarding the acceptance of any fee simple interest in real property to the board of land commissioners;  (ii) Recommend to the joint appropriations committee and the select committee that funds be transferred from the income account to the trust account.

(h) No board member shall vote or otherwise participate in any matter regarding a contract or project in which the board member has a financial or personal interest. When such interest appears, the board member shall make such interest known, and shall thenceforth refrain from voting on or otherwise participating in the particular matter involving such interest.

(j) The board shall annually report to the governor, the joint appropriations committee, the select committee and the joint travel, recreation, wildlife and cultural resources interim committee no later than October 1 with respect to all federal grants, state appropriations and other contributions, grants, gifts, bequests and donations received and credited to the trust account or income account during the preceding fiscal year. The report shall include all grants awarded by the board to governmental entities, the Eastern Shoshone or Northern Arapaho tribe, or the cooperative tribal governing body and nonprofit organizations and progress made toward the condition of any grant made.

36-4-205. Grant applications; eligible entities.

(a) The board shall only grant funds to governmental entities, the Eastern Shoshone and Northern Arapaho tribes, or the cooperative tribal governing body and nonprofit organizations. The board shall award grants in accordance with W.S. 36-4-204(e) and (f). The board shall have the discretion to determine the amount of each grant and any conditions attached to the grant.

(b) Grants by the board shall not provide a supplement to, or replacement of, the operating budget of any governmental entity or nonprofit organization except as those funds are directly related to the purposes of the grant.

(c) No grants shall be awarded under this act until rules and regulations adopted by the board pursuant to W.S. 36-4- 204(f) have become effective.

36-4-206. Audits.

The director of the department of audit or his designee shall audit the trust and income accounts on a regular basis. Copies of the audit shall be provided to the governor, the joint appropriations committee, the select committee and the joint travel, recreation, wildlife and cultural resources interim committee.

CHAPTER 5 - LEASING GENERALLY

36-5-101. Qualifications of lessees; lease terms; rental.

(a) No person shall be qualified to lease state lands unless that person has reached the age of majority, and is a citizen of the United States, or has declared an intention to become a citizen of the United States. No person or legal entity shall be qualified to lease state lands unless he or it has complied with the laws of this state and is authorized to transact business in this state.

(b) The rental of any lease awarded shall be based on an economic analysis and shall reflect at least the fair market value for the same or similar use of the land based upon a formula adopted by the board using the following criteria:

(i) Readily available data averaged over an adequate number of years to remove any radical fluctuations;

(ii) Factors which reasonably reflect the true market value of state leases;

(iii) Parameters within which the board can be responsive to changing resource conditions, market demand and industry viability;

(iv) Factors which reasonably reflect the contributions made by the lessee.

36-5-102. Maximum term of agricultural or grazing lease.

No lease for agricultural or grazing purposes shall be issued for a term of more than ten (10) years.

36-5-103. Application for lease; cancellation of application.

Any person, firm, association or corporation desiring to lease state lands for agricultural and grazing purposes shall file with the director an application on the form approved by the board, which must be accompanied by the regular filing fee and payment acceptable to the director for the full amount of the first year's rental offered. If there are improvements owned by another located upon said lands, the applicant must also transmit in the manner above provided, the estimated amount of the value of the improvements as listed in his application, and in the event the successful applicant fails, refuses or neglects to complete the lease awarded, or otherwise fails, refuses, or neglects to comply with the provisions of this act, or the rules and regulations of the board, after having been given thirty (30) days notice by registered mail, the application shall be cancelled and the sum remitted as rentals and twenty-five percent (25%) of the sum remitted for improvements shall be retained by the board as liquidated damages; and the sum paid as rental shall be paid by the director to the state treasurer and credited by him to the proper permanent land income fund account, and the sum paid for improvements shall be credited to the general fund.

36-5-104. Time for filing renewal applications; cure process and timeline; conflicting applications; grace period.

(a) All applications to lease grazing and agricultural lands under outstanding leases must be filed in the office of state lands and investments not earlier than one hundred twenty (120) days prior to, and not later than sixty (60) days prior to the expiration date of the existing lease. For the renewal of outstanding leases for grazing and agricultural lands under this subsection, the office of state lands and investments shall have the following duties:

(i) The office shall provide notice by certified mail to all existing lessees of the expiration of their leases not earlier than one hundred twenty (120) days prior to the expiration of the lease;

(ii) The office shall provide notice of a missing or deficient application for lease renewal to the lessee not later than forty (40) days before the expiration of the existing lease. The notice required by this paragraph shall:

(A) Be made by certified mail unless an equally effective, alternative form of delivery is approved by the office for the particular lessee to whom notice will be delivered;  (B) Identify the deficiencies in the application for lease renewal or provide notice that no application for renewal has been filed;

(C) Provide the lessee not less than thirty (30) days from receipt of the notice to file a lease renewal application or to remedy all deficiencies in the lessee's renewal application;

(D) Provide notice that the lessee's failure to submit a renewal application or to remedy all deficiencies in the lessee's renewal application before expiration of the lease may result in the leased lands becoming vacant.

(b) Any conflicting application to lease grazing and agricultural lands under any existing lease shall be filed in the office of state lands and investments not earlier than one hundred twenty (120) days prior to, and not later than, ninety (90) days prior to the expiration date of the existing lease. Upon receipt of a conflicting lease application the office of state lands and investments shall notify the current lessee via certified mail that a conflicting lease application has been received and shall provide the current lessee not less than thirty (30) days from receipt of notice to file a lease renewal application together with payment of the first year's rental that meets the highest bid offered by another qualified applicant as provided in W.S. 36-5-105(c). For renewal of outstanding leases for grazing and agricultural lands under this subsection, the office of state lands and investments shall have the following duties:

(i) The office shall provide notice of a deficient application for lease renewal to the lessee not later than ten (10) days after the filing of a lease renewal application by an existing lessee. The notice required by this paragraph shall:

(A) Be made by certified mail unless an equally effective, alternative form of delivery is approved by the office for the particular lessee to whom notice will be delivered;

(B) Identify the deficiencies in the application for lease renewal;

(C) Provide the lessee not less than twenty (20) days from receipt of the notice to remedy all deficiencies in the lessee's renewal application;  (D) Provide notice that the lessee's failure to remedy all deficiencies in the lessee's renewal application may result in the rejection of the application.

(c) For good cause shown and at the written request of the current lessee, the director shall grant a current lessee thirty (30) additional days past the expiration date of their existing lease to submit an application to renew the lease.

36-5-105. Criteria for leasing; preferences; assignments, subleases or contracts; lands taken for war purposes; mineral lands excepted; agricultural lands.

(a) All state lands leased by the state board of land commissioners, for grazing and other agricultural purposes shall be leased in such manner and to such parties as shall inure to the greatest benefit to the state land trust beneficiaries.

(b) No applicant shall be qualified to lease vacant lands unless that applicant is qualified under the provisions of W.S.