060-25 Wyo. Code R. §§ 25-5 - Leasing Procedures
(a) Sand and
gravel, borrow material, and rip-rap rock shall be available for lease to the
first qualified applicant filing an application. Applications may be filed with
the Office during the regular hours of any business day. The Office shall note
the date of filing on all applications. Applications filed on the same day,
whether presented by personal delivery or received through any mail service,
shall be considered as filed simultaneously.
(b) Each application must be accompanied by
the required filing fee as established by the Board in Chapter 17 of the
Board's rules. The filing fee will not be refunded on any application. An
application under this section must also be accompanied by a remittance for the
advance rental for the first year, at the rental per acre specified in Section
6 of this chapter.
(c) If two or more applications for the same
interests in sand and gravel, borrow material, and rip-rap rock are filed
simultaneously, the applications are in conflict.
(i) An application which is in conflict as to
only a part of the lands applied for, shall be processed as to the lands not in
conflict in the same manner as a separate application for such lands.
(ii) The priority of applications which are
in conflict as to all or any part of the lands applied for shall, as to the
lands in conflict, be determined by sealed bid between the applicants in
conflict.
(d) When an
application is rejected in its entirety, advance rentals paid by the applicant
will be refunded. When rejected in part, the unused portion of the advance
rental payment will be refunded.
(e) An application for a sand and gravel,
borrow material, and rip-rap rock lease may be withdrawn, in whole or in part,
at any time prior to issuance of lease. The advance rental and all fees
transmitted with the application applicable to the portion of the application
withdrawn, will be forfeited for failure to fulfill the obligations of the
lease offer. However, if a withdrawal was for the purpose of removing a
conflict, rentals applicable to the portion withdrawn will be refunded if a
lease for the portion withdrawn is issued to another applicant.
(f) If the Board determines that any state
sand and gravel, borrow material, and rip-rap rock lands should be offered for
lease by competitive bidding, it shall enter an order setting a time and place
for the sale, describing each tract to be offered, setting the terms of the
leases to be issued, the terms and conditions of sale, the procedure to be
followed in conducting the sale, and any other necessary information. Notice of
sale shall be given in such form and manner as the Board shall
direct.
Notes
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