060-25 Wyo. Code R. § 25-3 - General Provisions

(a) The Board may, without prior notice, withdraw specific lands from leasing for sand and gravel, borrow material, and rip-rap rock when it appears reasonably necessary to protect the economic or environmental interests of the beneficiaries. Any party desiring to lease lands for sand and gravel, borrow material, and rip-rap rock which have been withdrawn may request that a withdrawal be rescinded in whole or in part.

(b) The Board may condition the issuance of any sand and gravel, borrow material, and riprap rock lease upon specific stipulations for the protection of the public, the environment, the waters of the state, historical, archeological or paleontological materials, the wildlife resources, or any of the subsurface or surface resources of the state.

(c) The Board may deny a sand and gravel, borrow material, and rip-rap rock lease to any person or legal entity which has failed to comply with any rules of the Board or any terms and conditions of any lease or other agreement with the Board.

(d) The Board may refuse to issue a sand and gravel, borrow material, and rip-rap rock lease or approve an assignment of an interest in an existing sand and gravel, borrow material, and rip-rap rock lease if issuing the lease or approving the assignment will diminish the interest of the beneficiaries.

(e) On lands in which the state owns less than the entire interest in the sand and gravel, borrow material, and rip-rap rock estate, a lease will be issued by the Board covering the state's interest independent of the other co-owners.

(f) An application may be filed for a lease on lands not shown by the records of the Office to be owned by the state. The applicant must submit evidence through the Office to the Wyoming Attorney General showing that it is probable that the lands applied for, or any interest therein, have escheated to the State of Wyoming. Such applicant shall coordinate with and pay for all costs for the Office and the Attorney General pursuant to the filing of a petition under W.S. 9-5-203 seeking title for the state. After receiving a court order vesting title in the state, the applicant shall have the right to lease the escheated lands under the Board's current form of lease without bidding thereon at auction. If the lands are not found to have escheated to the state, applicant will not be entitled to any lease or cost reimbursement.

(g) Discovery of historical, archaeological, or paleontological deposits on state lands during the course of development shall be reported to the Office by the lessee prior to further disturbance, and operations may only re-commence as authorized by the Director. The Director shall notify the lessee regarding mitigation within five (5) working days after receiving the report.

Notes

060-25 Wyo. Code R. § 25-3