048-4 Wyo. Code R. §§ 4-6 - Other Mandatory Reporting Requirements

(a) The Office may offer vacant land for lease, and shall do so recognizing its fiduciary duty to the state land trust beneficiaries and in a manner as shall inure to the greatest benefit of the state land trust beneficiaries.

(b) Specific filing periods for particular tracts of vacant land will be established by advertisement. Multiple applications received during an advertised filing period shall be considered "conflicting applications" under the provisions of subsection (c) of this section.

(c) Conflicting applications. If two (2) or more applications to lease the same vacant land for grazing and agricultural purposes are filed within the filing periods established in subsection (b) of this section, they shall be considered to be in conflict and shall be handled under the provisions of W.S. 36-3-102, 36-5-105, and 36-5-108 and Chapter 1 of these rules.

(i) In the event the Office receives conflicting applications, the Director shall consider the following when issuing a Director's Decision;

(A) Qualifications of the applicants under the provisions of W.S. W.S. 36-5-101,

(B) Rental offered, and

(C) Attributes of the applicants that inure to the greatest benefit of the state land trust beneficiaries.

(ii) In the event the Office receives conflicting applications with equal rental offers, the Director shall consider the following, in addition to the provisions within subsection (c)(i) within this Section, when issuing a Director's Decision;

(A) Is the applicant a bona fide resident of the state of Wyoming,

(B) Is the applicant authorized to transact business in the state of Wyoming,

(C) Does the applicant have actual and necessary use of the land, and

(D) Is the applicant the owner, lessee, or lawful occupant of adjoining land to the vacant land.

(iii) Should the attributes of subsection (c)(i) and (c)(ii) be equal as determined by the Director, the Director shall request a final bid from the conflicting applicants at a live auction in a manner as directed by the Director to determine the successful applicant prior to issuing a Director's Decision.

(iv) Any party may appeal the Director's Decision. The petition shall be treated as a contested case pursuant to W.S. 16-3-107 et seq. A hearing officer shall preside over the contested case hearing and make a recommended decision. The decision of the Board awarding a grazing and agricultural lease shall constitute final agency action.

Notes

048-4 Wyo. Code R. §§ 4-6

Amended, Eff. 4/6/2015. Amended, Eff. 10/13/2016. Amended, Eff. 2/17/2021.