36-4-101. Commission established; composition; appointment and termsof members; removal; representation from appointment districts; vacancies; meetings;president.
(a) There is established the Wyoming parks and culturalresources commission within the department of state parks and culturalresources which shall consist of nine (9) members, citizens of Wyoming, notmore than five (5) of whom shall be registered in the same political party.Commission members shall be appointed by the governor, by and with the adviceand consent of the state senate, and may be removed by the governor as providedin W.S. 9-1-202. Appointments made between sessions of the legislature shall bemade in accordance with W.S. 28-12-101. In addition, the governor is an exofficio member of the commission.
(b) The term for commission members is five (5) years, andshall expire on March 1, providing that the terms of the members firstappointed shall be staggered as follows:
(i) Three (3) members shall be appointed for a term of two (2)years;
(ii) Three (3) members shall be appointed for a term of four (4)years; and
(iii) Three (3) members shall be appointed for a term of five (5)years.
(c) Each appointment district pursuant to W.S. 9-1-218 shall atall times be represented by at least one (1) commissioner who is a resident ofthat district.
(d) All vacancies occurring on the commission shall be filledby the governor in accordance with W.S. 28-12-101.
(e) The first meeting of the commission shall be at the call ofthe governor. Thereafter, the commission shall meet at least once every three(3) months. Other meetings may be held at the call of the president of thecommission, the governor or a majority of the commission members.
(f) At the first meeting of the commission and thereafter atthe regular September meeting of each year, the commission shall elect one (1)of its members president who shall hold his office for a term of one (1) year.If a vacancy occurs in the office of president, the commission shall elect amember of the commission to serve as president for the remainder of that term.
(g) Effective July 1, 1979, appointments and terms under thissection shall be in accordance with W.S. 28-12-101 through 28-12-103.
(h) Any statute or legal or other document which refers to theWyoming recreation commission established under subsection (a) of this section,as existing on and after April 1, 1990 and serving in an advisory capacity tothe department of state parks and cultural resources, means the Wyoming parksand cultural resources commission which is the successor to the recreationcommission, as existing on and after April 1, 1990.
(j) As used in W.S. 36-4-101 through 36-4-119, "thisact" means W.S. 36-4-101 through 36-4-119.
36-4-102. Advisory board.
(a) There is established an advisory board consisting of one(1) member from each county to be appointed by the governor and to serve for aterm of two (2) years. The governor may remove any board member as provided inW.S. 9-1-202.
(b) The president of the commission shall serve as the chairmanof the advisory board. The advisory board shall meet at the call of thepresident of the commission or the governor.
36-4-103. What constitutes outdoor recreation areas and facilities.
Forthe purposes of this act, outdoor recreation areas and facilities shall includestate parks, public recreation grounds, historical parks, and historical,archaeological, geological and ecological sites now in existence or hereaftercreated. As used in this section, W.S. 36-4-105 and 36-4-108, "historicalparks" includes all land and structures at South Pass City and Fort FredSteele.
36-4-104. Powers; interpretive service agreements.
(a) The department of state parks and cultural resources, inconsultation with the commission, may, subject to the provisions of this act:
(i) Acquire and accept title in the name of the state ofWyoming, by grant, dedication, gift, devise, donation, or demise, to any landssuitable as an outdoor recreation area or facility;
(ii) With the concurrence of the board of land commissioners,set aside and designate as an outdoor recreation area or facility any suitabletract of land belonging to the state of Wyoming which is not appropriated tosome other fund or use;
(iii) Take options to purchase lands subject to the approval andappropriation therefor of the next succeeding legislature;
(iv) Accept any gifts or grants for archives, museums andhistorical purposes;
(v) Deaccession artifacts from the state's collection.
(b) To provide interpretive and educational services atrecreation areas and facilities, the department may enter into agreements withprivate, nonprofit scientific, historic or educational organizations organizedsolely for the purpose of providing interpretive and educational services atWyoming recreation areas and facilities. The department may under any agreemententered into pursuant to this subsection, provide personnel services to assistany private, nonprofit organization with carrying out its interpretive andeducational program and may provide space at or within any recreation area orfacility for interpretive materials provided by the organization. Anyorganization entering into an agreement may:
(i) Offer interpretive or educational materials for sale atrecreation areas and facilities. Revenues collected from sales under thisparagraph shall be retained by the organization solely for use in providinginterpretive or educational services at the area or facility for which theorganization provides these services;
(ii) Acquire display materials and equipment for exhibit atareas and facilities;
(iii) Support special area or facility interpretive oreducational programs, other interpretive projects related to a specific area orfacility and may support area or facility resource centers.
(c) The department, with the advice of the commission, shallpromulgate rules and regulations as necessary to implement subsection (b) ofthis section. Rules and regulations adopted under this subsection shall specify:
(i) Procedures for entering into agreements for interpretiveand educational services;
(ii) Guidelines for approving interpretive materials whichpresent both sides of an issue, if appropriate, in a balanced manner to beprovided by the contracting organization at recreation areas and facilities;and
(iii) Procedures for renewal and dissolution of agreementsbetween the department and private, nonprofit organizations.
(d) As used in subsections (b) and (c) of this section,"recreation areas and facilities" include both indoor and outdoorfacilities at state parks, historic sites, recreation areas and historical,archaeological, geological and ecological sites as enumerated under W.S.36-4-103.
(e) The department, with the advice of the commission, shalladopt procedures in accordance with this act for the acquisition or designationof any lands to be used as an outdoor recreation area or facility.
(f) The department, in consultation with the commission, mayrecommend that any outdoor recreation area and facility be no longer designatedas such or may recommend that it be disposed of through sale, exchange, leaseor assignment of fee ownership. The recommendation for removal of thedesignation or disposal shall follow application of the criteria and proceduresfor accessioning areas or facilities under W.S. 36-4-106(e), (f) and (g).
36-4-105. Naming of sites and parks.
Eachstate park, public recreation ground, historic park or archaeological,geological or ecological site created and established under this act shall begiven an appropriate name by the department of state parks and culturalresources, in consultation with the commission.
36-4-106. Plan for acquisition and development of resources; authorityof department; coordination of activities; exceptions; agreements with UnitedStates; state archaeologist.
(a) The department of state parks and cultural resources, inconsultation with the commission, shall prepare, maintain and keep up to date acomprehensive plan for the acquisition and development of outdoor recreationresources of the state. The department and the commission shall prepare thecomprehensive plan in accordance with subsections (e) and (f) of this section. Authority is hereby granted to the department of state parks and culturalresources, in consultation with the commission, to develop, operate andmaintain outdoor recreation areas and facilities of the state and to acquire pursuantto provisions of law, but not by the power of eminent domain, land, waters andinterest in land and waters for such areas and facilities. Authority is herebygranted to the department, in consultation with the commission, to enter intocontracts and agreements with the United States, or any appropriate agencythereof, to keep financial and other records relating thereto, and to furnishto appropriate officials and agencies of the United States such reports andinformation as may be reasonably necessary to enable such officials or agenciesto perform their duties under the provisions of Public Law 88-578 or any otherapplicable federal statutes.
(b) In connection with obtaining the benefits of any suchprogram for the state of Wyoming, the department shall coordinate itsactivities with and fairly represent the interests of all agencies of thestate, county, city and any other governmental units having interests in theplanning, acquisition, development or maintenance of outdoor recreationresources and facilities within the state.
(c) The department, in consultation with the commission, mayenter into and administer agreements with the United States or any appropriateagency thereof for planning, acquisition and development of projects involvingparticipation under federal aid funds on behalf of any county, city or othergovernmental unit; provided that such county, city or other local governmentunit gives necessary assurance to the department that it has availablesufficient funds to meet its share of the cost of the project and that theacquired and developed areas will be operated and maintained at its expense forpublic outdoor recreation use.
(d) There shall be appointed within the department of stateparks and cultural resources a state archaeologist, who shall be a member ofthe department of anthropology of the University of Wyoming. The statearchaeologist shall receive an annual salary to be determined by the Wyominghuman resources division, which shall be in addition to any compensationreceived from the university. The state archaeologist may:
(i) Investigate, study, preserve and record such evidence ofprehistoric and early historic human activity as shall be reported from time totime by citizens of the state or of which the survey may otherwise becomeaware;
(ii) Begin and carry out as time permits an archaeologicalsurvey of the state, locating and recording all evidences of prehistoric andearly historic human activity that may be encountered and maintaining recordsin the form of filed maps and documents deposited permanently at the Universityof Wyoming;
(iii) Engage in systematic, intensive archaeologicalinvestigations of significance to the reconstruction of the prehistory andearly history of the state as time and facilities permit and to solicit fundsfor this work from the various public and private foundations and other sourcesgenerally available to the field archaeologist;
(iv) Prepare and publish from time to time technical reportsbearing on the investigations carried out or of significance to thereconstruction of the prehistory and early history of the state;
(v) Cooperate to the extent of capacity with communities andother agencies in the state interested in the establishment of localarchaeological museums and related activities;
(vi) Cooperate with all agencies to the extent of capacity inthe protection from vandalism, natural and other kinds of destruction of allobjects of archaeological significance and to render aid in the enforcement ofthe Wyoming Antiquities Act;
(vii) Distribute all publications of the survey to the public onrequest, either free or at a price to be determined.
(e) The department of state parks and cultural resources, inconsultation with the commission shall develop and maintain a comprehensiveplan for the acquisition, disposal and development of outdoor recreationresources of the state. Criteria for evaluating resources for acquisition,disposal and development as an outdoor recreation area or facility under theplan shall be adopted as rules in accordance with the Wyoming AdministrativeProcedure Act.
(f) Except as provided in subsection (g) of this section, priorto acquiring or accepting title to any lands for an outdoor recreation area orfacility or designating or removing a designation of lands as an outdoorrecreation area or facility, or disposing of any property as provided in W.S.36-4-104(f), the department shall apply the site criteria process developedpursuant to subsection (e) of this section. The department shall consult withthe commission regarding the application of the site criteria and may informthe joint travel, recreation, wildlife and cultural resources interim committeeregarding the potential acquisition, designation, disposal or removal ofdesignation. The department shall determine if the site should be acquired ordisposed of or the lands so designated or removed from designation. Afterconsultation with the commission, if the department determines the site shouldbe acquired or disposed of or so designated or removed from designation, itshall make the recommendation to the joint travel, recreation, wildlife andcultural resources interim committee. The committee shall prepare legislationfor the acquisition, disposal, removal from designation or designation of landsas an outdoor recreation area or facility as it determines appropriate andnecessary.
(g) The department may dispose of, designate or remove fromdesignation any lands for an outdoor recreation area or facility withoutcomplying with the provisions of subsection (e) or (f) of this section if:
(i) The disposal, designation or removal of designation is deminimus in nature as provided in department rule and regulation. "Deminimus", as used in this paragraph, means the property in question isless than five (5) acres in size;
(ii) The action conforms to either the department's mission orthe current strategic plan of the department;
(iii) The action conforms to the provisions of the department'scurrent master plan for the park or site where the property is located; and
(iv) The action is presented to the joint travel, recreation,wildlife and cultural resources interim committee for informational purposesprior to completion of the action.
36-4-107. Authority to lease; exchange of lands and contracts withUnited States.
Thedepartment, in consultation with the commission, shall have the power and ishereby authorized to lease, grant or operate any outdoor recreation area orfacility belonging to the state which is not subject to lease, grant oroperation by another agency of the state. The department, in consultation withthe commission, may exchange state lands which are not appropriated to otheruse for United States outdoor recreation areas and facilities, and undercontract with the United States, may take over the management, leasing andoperation of any such area or facility. Where the department deems it to be inthe best interest of the state, it may, in consultation with the commission,contract with the United States government or any authorized federal agency forthe operation of any outdoor recreation area or facility established by thedepartment.
36-4-108. Acquisition and supervision of historical parks and sites.
(a) The department, in consultation with the commission, mayreceive or acquire, but not by use of the power of eminent domain, historicalparks and sites within the state. Nothing in this section limits the authorityof the department to receive, acquire and to maintain, but not by use of thepower of eminent domain, land for other outdoor recreation areas andfacilities. The department shall be subject to the provisions of W.S.36-4-106(e) and (f) when acting pursuant to this section.
(b) The department shall:
(i) Supervise, maintain and control historic parks, includingfurnishing and controlling employees and equipment, possessing and controllingall items, objects and furnishings, and erecting all signs and markers;
(ii) Interpret historic parks and prepare and arrange all items,objects, furnishings and information;
(iii) Repealed by Laws 1990, ch. 44, 3.
(iv) Administer the state trails program; and
(v) Erect, maintain and remove monuments and markers.
36-4-109. Contracts and agreements with United States for improvementsand maintenance.
Thedepartment, in consultation with the commission, is authorized to enter intocontracts and agreements with the United States or any duly authorizedrepresentative or agency thereof to cause state outdoor recreation areas andfacilities to be improved and maintained and for that purpose may contract tosecure the labor of members of organizations under the control of the federalgovernment or some duly authorized representative or agency thereof.
36-4-110. Power to lease or rent concessions.
Thedepartment, in consultation with the commission, is empowered to lease, enterinto contracts and assess fees for concessions, cabin sites, boat clubs, andother services of all lawful kinds and nature on state outdoor recreation areasor facilities to persons, partnerships, and corporations for a valuableconsideration upon such terms and conditions as the department deems fit andproper. Funds received by the department pursuant to this section shall bedeposited and expended in accordance with W.S. 36-4-121(h).
36-4-111. Authority to receive and expend monies; investments.
(a) The state treasurer, after consultation with the governor,is hereby authorized and directed to receive and credit to the appropriateaccount any grant, donation, or bequest which is made to the state of Wyomingor the department which contains a condition or restriction that the incomeonly therefrom shall be expended for the purposes provided by this act.
(b) The department, in consultation with the commission, shallhave the authority to receive in trust, any money or property of any kind orcharacter, donated, granted, or bequeathed to the commission, the department orthe state of Wyoming for outdoor recreation areas and facilities and to carryout the terms, if any, of any such grant, donation or bequest, or in theabsence of any terms or limitations, to expend the money or the proceeds of anysuch property as it may deem advisable for outdoor recreation areas orfacilities under the provisions of this act. The department shall be subject tothe provisions of W.S. 36-4-106(e) and (f) when accepting property pursuant tothis section to be designated as an outdoor recreation area or facility.
(c) Money received and the proceeds or other property likewisereceived and disposed of by the department, in consultation with thecommission, may be expended by the department for the purposes of this act.
(d) Any money under this section shall be invested by the statetreasurer in securities of any of the classes in which he is permitted by lawto invest the general school funds of this state, and the interest receivedthereon shall be placed at the disposal of the department to be used by it incarrying out the purposes of this act.
36-4-112. Receipt and expenditure of federal funds; use of funds fromland and water conservation fund.
Authorityis hereby granted for the state of Wyoming and its authorized representatives,with the approval of the governor, to receive and to disburse federal monieswhich may now and hereafter be available under the provisions of Public Law88-578 or any other applicable federal statutes, for the acquisition,development, operation and maintenance of outdoor recreation areas andfacilities of the state. All funds received because of state participation inthe Land and Water Conservation Fund Act shall accrue to the state treasurerwho shall deposit them in the appropriate accounts. No funds so received shallbe used for any purpose other than the administration of the provisions of theLand and Water Conservation Fund Act. Such projects may be undertaken by thedepartment in consultation with the commission only after it has beendetermined that sufficient funds are available for meeting the state's share ofproject costs.
36-4-113. Private improvement permits.
Thedepartment of state parks and cultural resources may grant permits to anyindividual, improvement club or voluntary association, or committeerepresenting such clubs and associations, to improve, without expense to thestate, any outdoor recreation area or facility established under the provisionsof this act. All such improvements, changes, alterations or restorations shallbe outlined in writing or set forth in drawings and specifications furnished bythe department and the work undertaken shall be subject to inspection andsupervision by the department during the course thereof.
36-4-114. Repealed by Laws 1990, ch. 44, 3.
36-4-115. Rules and regulations; general penalty for violations.
(a) The department of state parks and cultural resources inconsultation with the commission shall promulgate and enforce all reasonablerules and regulations necessary to carry out this act.
(b) Rules and regulations promulgated by the department underthis act and governing state parks and historic sites shall include the:
(i) Conservation of peace and good order within each park;
(ii) Preservation of state property;
(iii) Promotion of the well-being of park visitors and residents;and
(iv) Definition of a public nuisance within state parks andhistoric sites.
(c) The department of state parks and cultural resources shallenforce its rules and regulations.
(d) Any person violating this act or any rule and regulationpromulgated by the department under subsection (b) of this section is guilty ofa misdemeanor and shall be fined not more than seven hundred fifty dollars($750.00), imprisoned for not more than six (6) months, or both.
36-4-116. Repealed by Laws 1982, ch. 48, 3.
36-4-117. Jurisdiction over grazing districts.
Nothingin this act, shall be construed as giving jurisdiction to the department ofstate parks and cultural resources over interest in any grazing districtestablished under the terms of the Taylor Grazing Act unless and untilagreement and consent of the board of directors of the grazing district to thiseffect is formally secured.
36-4-118. Compensation prohibited; per diem and travel expensespermitted.
Themembers of the commission and the advisory board shall not receive anycompensation for their services, but when actually engaged in the performanceof their duties, they shall be paid a per diem for each day of such actualservice and be reimbursed for their travel expenses at the same rate applicableto travel expenses of other state officers.
36-4-119. Existing agreements binding; successor to records andduties; taxation exemption.
(a) Effective April 1, 1990 the department of commerce shall bebound by any and all agreements, contracts and obligations incurred by theWyoming recreation commission to which it had been bound because they wereincurred by the Wyoming state parks commission and land and water conservationcommission and Old South Pass historical preserve commission prior to July 1,1973, and shall succeed to all records, documents, equipment, and otherpersonal or real property under the control and management of the parkscommission of Wyoming and the state land and water conservation commission ofWyoming and the Old South Pass historical preserve commission of Wyomingacquired and used in the performance of duties previously imposed upon thosecommissioners. All money from operation of the Old South Pass historicalpreserve shall be credited to the general fund. Effective July 1, 1999 thedepartment of state parks and cultural resources shall be bound by any and allagreements, contracts and obligations incurred by the department of commerce towhich it had been bound because they were incurred by the Wyoming state parkscommission and land and water conservation commission and Old South Passhistorical preserve commission prior to July 1, 1973, and shall succeed to allrecords, documents, equipment, and other personal or real property under thecontrol and management of the parks commission of Wyoming and the state landand water conservation commission of Wyoming and the Old South Pass historicalpreserve commission of Wyoming acquired and used in the performance of dutiespreviously imposed upon those commissioners. All money from operation of theOld South Pass historical preserve shall be credited in accordance with W.S.36-4-121(h).
(b) The department of state parks and cultural resources, inconsultation with the commission, is hereby charged with the duties andresponsibilities heretofore devolved upon the Old South Pass historicalpreserve, and for the purpose of discharging same is hereby invested with allthe powers and authority heretofore vested in such Old South Pass historicalpreserve, subject to the same limitations thereof; and the department of stateparks and cultural resources, in consultation with the commission, isauthorized to delegate the same, or so much thereof as it shall provide, to anadministrator or to a committee appointed by it for the performance of itsfunctions hereunder.
(c) User fees and other charges for the South Pass preservedevelopment are exempt from taxation by the state.
36-4-120. Repealed by Laws 1990, ch. 44, 3.
36-4-121. Permits to use state parks, recreation areas and historicsites.
(a) The department of state parks and cultural resources shalloffer for sale permits that allow use of the state parks, recreation areas,archeological sites and historic sites. Daily use permits shall be required atGlendo, Guernsey, Curt Gowdy, Edness Kimball Wilkins, Buffalo Bill, Boysen,Seminoe and Keyhole state parks and Fort Bridger, South Pass City, Trail End,Fort Fetterman and Fort Phil Kearney state historic sites, and Hawk Springsstate recreation area. The department may establish voluntary pay stations atBear River and Hot Springs state parks to allow users of those parks to makevoluntary contributions for the use of the state parks. Persons who enter oruse Bear River or Hot Springs state park without paying daily use fees shallnot be subject to the penalties provided for in subsection (j) of this section.Overnight camping permits shall be required at Boysen, Buffalo Bill, CurtGowdy, Glendo, Guernsey, Keyhole, Seminoe and Sinks Canyon state parks, ConnorBattlefield state historic site, Medicine Lodge state archeological site andHawk Springs state recreation area by the department during the entire calendaryear. Except for the lifetime permit issued without cost pursuant to subsection(n) of this section, the cost of the permits authorized under this sectionshall be:
(i) Thirty-three dollars ($33.00) per calendar year for aresident annual daily use permit and fifty-three dollars ($53.00) for anonresident annual daily use permit to designated state parks, historic sites,archeological sites and recreation areas, valid for the holder and occupants ofthe holder's vehicle, provided resident permits purchased pursuant to thisparagraph between January 1 through February 15 of each year shall costtwenty-seven dollars ($27.00) and nonresident permits purchased during the sameperiod shall cost forty-six dollars ($46.00);
(ii) Forty dollars ($40.00) per calendar year for an annualresident overnight camping permit, authorizing overnight camping at designatedstate parks, historic sites, archeological sites and recreation areas for theholder and occupants of the holder's vehicle;
(iii) Except as provided under paragraph (a)(v) of this section,four dollars ($4.00) for residents and six dollars ($6.00) for nonresidents forthe daily use fee for designated state parks, archeological sites andrecreation areas, valid for the date of purchase for the holder and occupantsof the holder's vehicle and for the holder entering the park or area bybicycle, horseback or on foot;
(iv) Except as provided under paragraph (a)(v) of this section,two dollars ($2.00) per person for residents and four dollars ($4.00) perperson for nonresidents for the daily use fee for designated state historicsites, valid for the date of purchase for the holder only. The fee is notrequired for persons under the age of eighteen (18) years;
(v) Three dollars ($3.00) per person for the daily use fee forbuses used in guided tours at designated state parks, historic sites andrecreation areas, valid for the date of purchase only. The annual permitauthorized under paragraphs (a)(i) and (ii) of this section is not valid forand shall not be issued to buses used for purposes specified under thisparagraph. The fee imposed under this paragraph shall not apply to personsunder the age of eighteen (18) years;
(vi) Six dollars ($6.00) per night for residents and elevendollars ($11.00) for nonresidents for overnight camping at any designated statepark, historic site, archeological site and recreation area valid for the dateof purchase and the following day until 3:00 p.m. for the holder and occupantsof the holder's vehicle;
(vii) Seven dollars ($7.00) for each additional vehicle annualdaily use permit issued under subsection (b) of this section;
(viii) Seven dollars ($7.00) for each additional vehicle annualresident overnight camping permit issued under subsection (b) of this section;
(ix) Seven dollars ($7.00) for each duplicate annual daily usepermit issued under subsection (c) of this section;
(x) Seven dollars ($7.00) for each duplicate annual residentovernight camping permit issued under subsection (c) of this section;
(xi) Any group may be charged a fee of not more than one hundredfifty dollars ($150.00) for a twenty-four (24) hour period for the use of thelodges located at Curt Gowdy or Buffalo Bill State Parks;
(xii) Any group may be charged a fee of not more than sixty-sixdollars ($66.00) for a twelve (12) hour period for a group picnic shelter andadjacent grounds located at any department location;
(xiii) Upon written request of a group sponsoring a special eventor upon the department's sponsorship of a special event, the director of thedepartment may, with the approval of the parks and cultural resourcescommission, waive any fees required under this subsection. A fee which mayexceed the daily use permit fee specified in this section may be charged for entryto special events. Holders of annual daily use or overnight permits may becharged the special event fee. A special event fee may be charged at any park,area or site under the jurisdiction of the department, regardless of whether adaily use fee has been established by law;
(xiv) An amenities fee which is in addition to any other feespecified in this section may be charged for camping in campsites designated bythe commission as campsites containing added amenities. "Addedamenities" means sites with electrical hookups, showers or campingstructures. An amenities fee may be charged at any park, area or site underthe jurisdiction of the department, regardless of whether a daily use orcamping fee has been established by law. The amount of the fee shall be set byrule and regulation but shall not be less than the cost of providing theamenity;
(xv) Funds collected from the amenities fee authorized byparagraph (xiv) of this subsection shall be deposited in an account and arecontinuously appropriated to the department to pay the utility fees andmaintenance costs for the additional amenities offered. The remaining fundscollected from the amenities fee authorized by paragraph (xiv) of thissubsection at the end of the fiscal year may be deposited in a capitalconstruction account and expended in accordance with W.S. 36-4-121(h). Revenuesand expenditures under paragraph (xiv) of this subsection and this paragraphshall be reported annually to the joint appropriations and joint travel,recreation, wildlife and cultural resources interim committees on June 30, ofeach year;
(xvi) Waived for the following:
(A) Persons needing to pass through a state park or historicsite to access private property shall be exempt from the entrance permitrequirements of this section;
(B) Persons needing access to a state park or historic site toconduct official business or only to access a private commercial businesswithout further use of the state park or historic site shall be exempt from theentrance permit requirements of this section;
(C) School groups on school sanctioned events including eventssanctioned by educational programs defined under W.S. 21-4-101(a)(iii), (iv)and (v), and residents and staff of publicly owned homes or institutions whileon official agency functions shall be exempt from the entrance permitrequirements of this section;
(D) Not for profit groups or organizations needing access to astate park or historic site to provide volunteer assistance or services thathave been previously agreed upon by the department of state parks and culturalresources shall be exempt from the permit requirements of this section.
(b) Any holder of an annual daily use permit or an annualresident overnight camping permit may obtain additional vehicle annual dailyuse permits or additional vehicle annual overnight camping permits from thedepartment or any selling agent of the department upon payment of the feeprescribed under paragraph (a)(vii) or (viii) of this section, as applicable,and upon submission of proof satisfactory to the department that an originalannual permit was purchased and that the additional vehicle is registered inthe same name as the vehicle for which the original annual permit is obtained,or that the additional vehicle is operated by the person who purchased theoriginal annual permit or a member of his family under duly granted authorityfrom his employer. The director shall determine the validity of the authorityof an applicant to operate an employer-owned vehicle prior to issuance of anadditional vehicle permit for that vehicle under this section. Any vehicle intow by another vehicle owned by the same person shall be considered a singlevehicle for purposes of this section and only a single annual bucking horsedaily use permit shall be required for entrance at state parks and a singleannual overnight camping permit shall be required for overnight camping atstate parks.
(c) If an annual daily use permit or an annual residentovernight camping permit is lost, mutilated or destroyed, the holder of thepermit may obtain a duplicate annual permit from the department or any sellingagent of the department upon filing an affidavit showing the loss, mutilationor destruction of the original permit and upon payment of the fee imposed underparagraph (a)(ix) or (x) of this section, as applicable.
(d) Repealed by Laws 1992, ch. 50, 3.
(e) The department through the division of state parks andhistoric sites shall in accordance with W.S. 36-4-123, appoint selling agentsto sell annual daily use and annual camping permits authorized under thissection. Each appointed selling agent shall retain ten percent (10%) of thecost of each permit sold under this section as his sales commission. Designateddepartment employees may sell permits required by this section but no employeeof the department shall receive any commission on permits sold.
(f) Repealed by Laws 1992, ch. 50, 3.
(g) Repealed by Laws 1992, ch. 50, 3.
(h) The funds received by the department from the sale of thepermits shall be deposited in a capital construction account and may beexpended by the department for capital construction projects, majormaintenance, and site interpretation such as exhibits, signage and displays asapproved by the legislature.
(j) Any person using state parks, recreation areas and historicsites and failing to obtain a permit required by this section and any personotherwise violating this section is guilty of a misdemeanor punishable by afine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both.
(k) The department of state parks and cultural resources isauthorized to contract with the town of Ranchester to implement a feecollection program at Connor Battlefield state historic site and to provide forpark maintenance and operation. Notwithstanding subsection (h) of this section,fees collected pursuant to paragraphs (a)(ii) and (v) of this section forovernight camping at Connor Battlefield state historic site shall be depositedinto a separate account and may be expended by the department pursuant tocontracts entered into under this subsection.
(m) Repealed by Laws 2009, Ch. 168, 207.
(n) Any resident disabled veteran who receives fifty percent(50%) or more service connected disability compensation from the United Statesdepartment of veteran's affairs may apply to the department for a lifetimepermit authorizing the use of state parks, recreation areas, archeologicalsites and historic sites without payment of any daily use, overnight or otherfee authorized to be charged pursuant to this section. Only one (1) permitshall be issued to any qualified applicant under this subsection and shall bevalid for the applicant and for all occupants of the applicant's vehicle. Inaddition to information and other application procedural requirementsprescribed by rule and regulation of the department, application for thelifetime permit shall include proof of residency and certification of theservice connected disability. The lifetime permit is valid as long as theholder is a Wyoming resident. A permit under this subsection shall be issuedto an eligible applicant without the imposition of a fee.
(o) The department is authorized to sponsor special events and tocontract with groups sponsoring special events at state parks, recreationareas, archeological sites or historic sites. A special event fee may becharged as provided in paragraph (a)(xiii) of this section. All funds receivedfrom special events sponsored by the department shall be deposited in specialevents account. The funds deposited within the account are continuouslyappropriated to and may be expended by the department to conduct special eventsdirectly or pursuant to contracts entered under this subsection.
(p) Repealed By Laws 2008, Ch. 63, 2.
36-4-122. Administration of Hot Springs state park.
(a) Effective April 1, 1990, the authority for management,control and administration of the Hot Springs state park located atThermopolis, Hot Springs county, is vested in the department of state parks andcultural resources, in consultation with the commission. Effective July 1,1999, the authority for management, control and administration of the HotSprings state park located at Thermopolis, Hot Springs county, is vested in thedepartment of state parks and cultural resources, in consultation with the commission.The state park will be administered by the department in accordance with W.S.36-8-301 through 36-8-405.
(b) Repealed by Laws 1990, ch. 44, 3.
(c) Repealed by Laws 1990, ch. 44, 3.
36-4-123. Selling agents for registrations, licenses and permits.
(a) The department of state parks and cultural resourcesthrough the division of parks and historic sites shall appoint selling agentsto sell snowmobile registrations pursuant to W.S. 31-2-402, permits under W.S.36-4-121 and other licenses, registrations and permits for which the departmentmay by law be required to issue and collect fees. Selling agents appointedunder this section shall be bonded by the department, subject to the following:
(i) The appointed agent, prior to September 1 preceding thecalendar year for which the bond is to be in effect, shall pay to thedepartment a nonrefundable annual bonding fee of fifty dollars ($50.00);
(ii) Any newly appointed agent shall pay the bonding feeprescribed under paragraph (a)(i) of this section to the department immediatelyupon appointment for the remainder of the calendar year in which appointed;
(iii) Bonding fees collected under this subsection shall bedeposited in a bond pool account, from which any claim against the bond of any sellingagent and not directly collected from the agent shall be paid.
(b) Each selling agent appointed under subsection (a) of thissection shall:
(i) On or before the tenth day of each month on forms providedby the division, file a report with the division stating all sales ofregistrations, licenses or permits by the agent during the preceding month;
(ii) Remit to the division all revenues collected by the agentfrom registration, license or permit sales during the preceding month reportedunder paragraph (b)(i) of this section, less any sales commission authorized bylaw;
(iii) Annually account for and deliver to the division allunused, surplus or damaged registration decals, licenses or permits received bythe agent.
(c) In addition to any other penalty imposed by law, anyselling agent failing to comply with this section and other applicable lawshall not receive any sales commission authorized by law.
36-4-101. Commission established; composition; appointment and termsof members; removal; representation from appointment districts; vacancies; meetings;president.
(a) There is established the Wyoming parks and culturalresources commission within the department of state parks and culturalresources which shall consist of nine (9) members, citizens of Wyoming, notmore than five (5) of whom shall be registered in the same political party.Commission members shall be appointed by the governor, by and with the adviceand consent of the state senate, and may be removed by the governor as providedin W.S. 9-1-202. Appointments made between sessions of the legislature shall bemade in accordance with W.S. 28-12-101. In addition, the governor is an exofficio member of the commission.
(b) The term for commission members is five (5) years, andshall expire on March 1, providing that the terms of the members firstappointed shall be staggered as follows:
(i) Three (3) members shall be appointed for a term of two (2)years;
(ii) Three (3) members shall be appointed for a term of four (4)years; and
(iii) Three (3) members shall be appointed for a term of five (5)years.
(c) Each appointment district pursuant to W.S. 9-1-218 shall atall times be represented by at least one (1) commissioner who is a resident ofthat district.
(d) All vacancies occurring on the commission shall be filledby the governor in accordance with W.S. 28-12-101.
(e) The first meeting of the commission shall be at the call ofthe governor. Thereafter, the commission shall meet at least once every three(3) months. Other meetings may be held at the call of the president of thecommission, the governor or a majority of the commission members.
(f) At the first meeting of the commission and thereafter atthe regular September meeting of each year, the commission shall elect one (1)of its members president who shall hold his office for a term of one (1) year.If a vacancy occurs in the office of president, the commission shall elect amember of the commission to serve as president for the remainder of that term.
(g) Effective July 1, 1979, appointments and terms under thissection shall be in accordance with W.S. 28-12-101 through 28-12-103.
(h) Any statute or legal or other document which refers to theWyoming recreation commission established under subsection (a) of this section,as existing on and after April 1, 1990 and serving in an advisory capacity tothe department of state parks and cultural resources, means the Wyoming parksand cultural resources commission which is the successor to the recreationcommission, as existing on and after April 1, 1990.
(j) As used in W.S. 36-4-101 through 36-4-119, "thisact" means W.S. 36-4-101 through 36-4-119.
36-4-102. Advisory board.
(a) There is established an advisory board consisting of one(1) member from each county to be appointed by the governor and to serve for aterm of two (2) years. The governor may remove any board member as provided inW.S. 9-1-202.
(b) The president of the commission shall serve as the chairmanof the advisory board. The advisory board shall meet at the call of thepresident of the commission or the governor.
36-4-103. What constitutes outdoor recreation areas and facilities.
Forthe purposes of this act, outdoor recreation areas and facilities shall includestate parks, public recreation grounds, historical parks, and historical,archaeological, geological and ecological sites now in existence or hereaftercreated. As used in this section, W.S. 36-4-105 and 36-4-108, "historicalparks" includes all land and structures at South Pass City and Fort FredSteele.
36-4-104. Powers; interpretive service agreements.
(a) The department of state parks and cultural resources, inconsultation with the commission, may, subject to the provisions of this act:
(i) Acquire and accept title in the name of the state ofWyoming, by grant, dedication, gift, devise, donation, or demise, to any landssuitable as an outdoor recreation area or facility;
(ii) With the concurrence of the board of land commissioners,set aside and designate as an outdoor recreation area or facility any suitabletract of land belonging to the state of Wyoming which is not appropriated tosome other fund or use;
(iii) Take options to purchase lands subject to the approval andappropriation therefor of the next succeeding legislature;
(iv) Accept any gifts or grants for archives, museums andhistorical purposes;
(v) Deaccession artifacts from the state's collection.
(b) To provide interpretive and educational services atrecreation areas and facilities, the department may enter into agreements withprivate, nonprofit scientific, historic or educational organizations organizedsolely for the purpose of providing interpretive and educational services atWyoming recreation areas and facilities. The department may under any agreemententered into pursuant to this subsection, provide personnel services to assistany private, nonprofit organization with carrying out its interpretive andeducational program and may provide space at or within any recreation area orfacility for interpretive materials provided by the organization. Anyorganization entering into an agreement may:
(i) Offer interpretive or educational materials for sale atrecreation areas and facilities. Revenues collected from sales under thisparagraph shall be retained by the organization solely for use in providinginterpretive or educational services at the area or facility for which theorganization provides these services;
(ii) Acquire display materials and equipment for exhibit atareas and facilities;
(iii) Support special area or facility interpretive oreducational programs, other interpretive projects related to a specific area orfacility and may support area or facility resource centers.
(c) The department, with the advice of the commission, shallpromulgate rules and regulations as necessary to implement subsection (b) ofthis section. Rules and regulations adopted under this subsection shall specify:
(i) Procedures for entering into agreements for interpretiveand educational services;
(ii) Guidelines for approving interpretive materials whichpresent both sides of an issue, if appropriate, in a balanced manner to beprovided by the contracting organization at recreation areas and facilities;and
(iii) Procedures for renewal and dissolution of agreementsbetween the department and private, nonprofit organizations.
(d) As used in subsections (b) and (c) of this section,"recreation areas and facilities" include both indoor and outdoorfacilities at state parks, historic sites, recreation areas and historical,archaeological, geological and ecological sites as enumerated under W.S.36-4-103.
(e) The department, with the advice of the commission, shalladopt procedures in accordance with this act for the acquisition or designationof any lands to be used as an outdoor recreation area or facility.
(f) The department, in consultation with the commission, mayrecommend that any outdoor recreation area and facility be no longer designatedas such or may recommend that it be disposed of through sale, exchange, leaseor assignment of fee ownership. The recommendation for removal of thedesignation or disposal shall follow application of the criteria and proceduresfor accessioning areas or facilities under W.S. 36-4-106(e), (f) and (g).
36-4-105. Naming of sites and parks.
Eachstate park, public recreation ground, historic park or archaeological,geological or ecological site created and established under this act shall begiven an appropriate name by the department of state parks and culturalresources, in consultation with the commission.
36-4-106. Plan for acquisition and development of resources; authorityof department; coordination of activities; exceptions; agreements with UnitedStates; state archaeologist.
(a) The department of state parks and cultural resources, inconsultation with the commission, shall prepare, maintain and keep up to date acomprehensive plan for the acquisition and development of outdoor recreationresources of the state. The department and the commission shall prepare thecomprehensive plan in accordance with subsections (e) and (f) of this section. Authority is hereby granted to the department of state parks and culturalresources, in consultation with the commission, to develop, operate andmaintain outdoor recreation areas and facilities of the state and to acquire pursuantto provisions of law, but not by the power of eminent domain, land, waters andinterest in land and waters for such areas and facilities. Authority is herebygranted to the department, in consultation with the commission, to enter intocontracts and agreements with the United States, or any appropriate agencythereof, to keep financial and other records relating thereto, and to furnishto appropriate officials and agencies of the United States such reports andinformation as may be reasonably necessary to enable such officials or agenciesto perform their duties under the provisions of Public Law 88-578 or any otherapplicable federal statutes.
(b) In connection with obtaining the benefits of any suchprogram for the state of Wyoming, the department shall coordinate itsactivities with and fairly represent the interests of all agencies of thestate, county, city and any other governmental units having interests in theplanning, acquisition, development or maintenance of outdoor recreationresources and facilities within the state.
(c) The department, in consultation with the commission, mayenter into and administer agreements with the United States or any appropriateagency thereof for planning, acquisition and development of projects involvingparticipation under federal aid funds on behalf of any county, city or othergovernmental unit; provided that such county, city or other local governmentunit gives necessary assurance to the department that it has availablesufficient funds to meet its share of the cost of the project and that theacquired and developed areas will be operated and maintained at its expense forpublic outdoor recreation use.
(d) There shall be appointed within the department of stateparks and cultural resources a state archaeologist, who shall be a member ofthe department of anthropology of the University of Wyoming. The statearchaeologist shall receive an annual salary to be determined by the Wyominghuman resources division, which shall be in addition to any compensationreceived from the university. The state archaeologist may:
(i) Investigate, study, preserve and record such evidence ofprehistoric and early historic human activity as shall be reported from time totime by citizens of the state or of which the survey may otherwise becomeaware;
(ii) Begin and carry out as time permits an archaeologicalsurvey of the state, locating and recording all evidences of prehistoric andearly historic human activity that may be encountered and maintaining recordsin the form of filed maps and documents deposited permanently at the Universityof Wyoming;
(iii) Engage in systematic, intensive archaeologicalinvestigations of significance to the reconstruction of the prehistory andearly history of the state as time and facilities permit and to solicit fundsfor this work from the various public and private foundations and other sourcesgenerally available to the field archaeologist;
(iv) Prepare and publish from time to time technical reportsbearing on the investigations carried out or of significance to thereconstruction of the prehistory and early history of the state;
(v) Cooperate to the extent of capacity with communities andother agencies in the state interested in the establishment of localarchaeological museums and related activities;
(vi) Cooperate with all agencies to the extent of capacity inthe protection from vandalism, natural and other kinds of destruction of allobjects of archaeological significance and to render aid in the enforcement ofthe Wyoming Antiquities Act;
(vii) Distribute all publications of the survey to the public onrequest, either free or at a price to be determined.
(e) The department of state parks and cultural resources, inconsultation with the commission shall develop and maintain a comprehensiveplan for the acquisition, disposal and development of outdoor recreationresources of the state. Criteria for evaluating resources for acquisition,disposal and development as an outdoor recreation area or facility under theplan shall be adopted as rules in accordance with the Wyoming AdministrativeProcedure Act.
(f) Except as provided in subsection (g) of this section, priorto acquiring or accepting title to any lands for an outdoor recreation area orfacility or designating or removing a designation of lands as an outdoorrecreation area or facility, or disposing of any property as provided in W.S.36-4-104(f), the department shall apply the site criteria process developedpursuant to subsection (e) of this section. The department shall consult withthe commission regarding the application of the site criteria and may informthe joint travel, recreation, wildlife and cultural resources interim committeeregarding the potential acquisition, designation, disposal or removal ofdesignation. The department shall determine if the site should be acquired ordisposed of or the lands so designated or removed from designation. Afterconsultation with the commission, if the department determines the site shouldbe acquired or disposed of or so designated or removed from designation, itshall make the recommendation to the joint travel, recreation, wildlife andcultural resources interim committee. The committee shall prepare legislationfor the acquisition, disposal, removal from designation or designation of landsas an outdoor recreation area or facility as it determines appropriate andnecessary.
(g) The department may dispose of, designate or remove fromdesignation any lands for an outdoor recreation area or facility withoutcomplying with the provisions of subsection (e) or (f) of this section if:
(i) The disposal, designation or removal of designation is deminimus in nature as provided in department rule and regulation. "Deminimus", as used in this paragraph, means the property in question isless than five (5) acres in size;
(ii) The action conforms to either the department's mission orthe current strategic plan of the department;
(iii) The action conforms to the provisions of the department'scurrent master plan for the park or site where the property is located; and
(iv) The action is presented to the joint travel, recreation,wildlife and cultural resources interim committee for informational purposesprior to completion of the action.
36-4-107. Authority to lease; exchange of lands and contracts withUnited States.
Thedepartment, in consultation with the commission, shall have the power and ishereby authorized to lease, grant or operate any outdoor recreation area orfacility belonging to the state which is not subject to lease, grant oroperation by another agency of the state. The department, in consultation withthe commission, may exchange state lands which are not appropriated to otheruse for United States outdoor recreation areas and facilities, and undercontract with the United States, may take over the management, leasing andoperation of any such area or facility. Where the department deems it to be inthe best interest of the state, it may, in consultation with the commission,contract with the United States government or any authorized federal agency forthe operation of any outdoor recreation area or facility established by thedepartment.
36-4-108. Acquisition and supervision of historical parks and sites.
(a) The department, in consultation with the commission, mayreceive or acquire, but not by use of the power of eminent domain, historicalparks and sites within the state. Nothing in this section limits the authorityof the department to receive, acquire and to maintain, but not by use of thepower of eminent domain, land for other outdoor recreation areas andfacilities. The department shall be subject to the provisions of W.S.36-4-106(e) and (f) when acting pursuant to this section.
(b) The department shall:
(i) Supervise, maintain and control historic parks, includingfurnishing and controlling employees and equipment, possessing and controllingall items, objects and furnishings, and erecting all signs and markers;
(ii) Interpret historic parks and prepare and arrange all items,objects, furnishings and information;
(iii) Repealed by Laws 1990, ch. 44, 3.
(iv) Administer the state trails program; and
(v) Erect, maintain and remove monuments and markers.
36-4-109. Contracts and agreements with United States for improvementsand maintenance.
Thedepartment, in consultation with the commission, is authorized to enter intocontracts and agreements with the United States or any duly authorizedrepresentative or agency thereof to cause state outdoor recreation areas andfacilities to be improved and maintained and for that purpose may contract tosecure the labor of members of organizations under the control of the federalgovernment or some duly authorized representative or agency thereof.
36-4-110. Power to lease or rent concessions.
Thedepartment, in consultation with the commission, is empowered to lease, enterinto contracts and assess fees for concessions, cabin sites, boat clubs, andother services of all lawful kinds and nature on state outdoor recreation areasor facilities to persons, partnerships, and corporations for a valuableconsideration upon such terms and conditions as the department deems fit andproper. Funds received by the department pursuant to this section shall bedeposited and expended in accordance with W.S. 36-4-121(h).
36-4-111. Authority to receive and expend monies; investments.
(a) The state treasurer, after consultation with the governor,is hereby authorized and directed to receive and credit to the appropriateaccount any grant, donation, or bequest which is made to the state of Wyomingor the department which contains a condition or restriction that the incomeonly therefrom shall be expended for the purposes provided by this act.
(b) The department, in consultation with the commission, shallhave the authority to receive in trust, any money or property of any kind orcharacter, donated, granted, or bequeathed to the commission, the department orthe state of Wyoming for outdoor recreation areas and facilities and to carryout the terms, if any, of any such grant, donation or bequest, or in theabsence of any terms or limitations, to expend the money or the proceeds of anysuch property as it may deem advisable for outdoor recreation areas orfacilities under the provisions of this act. The department shall be subject tothe provisions of W.S. 36-4-106(e) and (f) when accepting property pursuant tothis section to be designated as an outdoor recreation area or facility.
(c) Money received and the proceeds or other property likewisereceived and disposed of by the department, in consultation with thecommission, may be expended by the department for the purposes of this act.
(d) Any money under this section shall be invested by the statetreasurer in securities of any of the classes in which he is permitted by lawto invest the general school funds of this state, and the interest receivedthereon shall be placed at the disposal of the department to be used by it incarrying out the purposes of this act.
36-4-112. Receipt and expenditure of federal funds; use of funds fromland and water conservation fund.
Authorityis hereby granted for the state of Wyoming and its authorized representatives,with the approval of the governor, to receive and to disburse federal monieswhich may now and hereafter be available under the provisions of Public Law88-578 or any other applicable federal statutes, for the acquisition,development, operation and maintenance of outdoor recreation areas andfacilities of the state. All funds received because of state participation inthe Land and Water Conservation Fund Act shall accrue to the state treasurerwho shall deposit them in the appropriate accounts. No funds so received shallbe used for any purpose other than the administration of the provisions of theLand and Water Conservation Fund Act. Such projects may be undertaken by thedepartment in consultation with the commission only after it has beendetermined that sufficient funds are available for meeting the state's share ofproject costs.
36-4-113. Private improvement permits.
Thedepartment of state parks and cultural resources may grant permits to anyindividual, improvement club or voluntary association, or committeerepresenting such clubs and associations, to improve, without expense to thestate, any outdoor recreation area or facility established under the provisionsof this act. All such improvements, changes, alterations or restorations shallbe outlined in writing or set forth in drawings and specifications furnished bythe department and the work undertaken shall be subject to inspection andsupervision by the department during the course thereof.
36-4-114. Repealed by Laws 1990, ch. 44, 3.
36-4-115. Rules and regulations; general penalty for violations.
(a) The department of state parks and cultural resources inconsultation with the commission shall promulgate and enforce all reasonablerules and regulations necessary to carry out this act.
(b) Rules and regulations promulgated by the department underthis act and governing state parks and historic sites shall include the:
(i) Conservation of peace and good order within each park;
(ii) Preservation of state property;
(iii) Promotion of the well-being of park visitors and residents;and
(iv) Definition of a public nuisance within state parks andhistoric sites.
(c) The department of state parks and cultural resources shallenforce its rules and regulations.
(d) Any person violating this act or any rule and regulationpromulgated by the department under subsection (b) of this section is guilty ofa misdemeanor and shall be fined not more than seven hundred fifty dollars($750.00), imprisoned for not more than six (6) months, or both.
36-4-116. Repealed by Laws 1982, ch. 48, 3.
36-4-117. Jurisdiction over grazing districts.
Nothingin this act, shall be construed as giving jurisdiction to the department ofstate parks and cultural resources over interest in any grazing districtestablished under the terms of the Taylor Grazing Act unless and untilagreement and consent of the board of directors of the grazing district to thiseffect is formally secured.
36-4-118. Compensation prohibited; per diem and travel expensespermitted.
Themembers of the commission and the advisory board shall not receive anycompensation for their services, but when actually engaged in the performanceof their duties, they shall be paid a per diem for each day of such actualservice and be reimbursed for their travel expenses at the same rate applicableto travel expenses of other state officers.
36-4-119. Existing agreements binding; successor to records andduties; taxation exemption.
(a) Effective April 1, 1990 the department of commerce shall bebound by any and all agreements, contracts and obligations incurred by theWyoming recreation commission to which it had been bound because they wereincurred by the Wyoming state parks commission and land and water conservationcommission and Old South Pass historical preserve commission prior to July 1,1973, and shall succeed to all records, documents, equipment, and otherpersonal or real property under the control and management of the parkscommission of Wyoming and the state land and water conservation commission ofWyoming and the Old South Pass historical preserve commission of Wyomingacquired and used in the performance of duties previously imposed upon thosecommissioners. All money from operation of the Old South Pass historicalpreserve shall be credited to the general fund. Effective July 1, 1999 thedepartment of state parks and cultural resources shall be bound by any and allagreements, contracts and obligations incurred by the department of commerce towhich it had been bound because they were incurred by the Wyoming state parkscommission and land and water conservation commission and Old South Passhistorical preserve commission prior to July 1, 1973, and shall succeed to allrecords, documents, equipment, and other personal or real property under thecontrol and management of the parks commission of Wyoming and the state landand water conservation commission of Wyoming and the Old South Pass historicalpreserve commission of Wyoming acquired and used in the performance of dutiespreviously imposed upon those commissioners. All money from operation of theOld South Pass historical preserve shall be credited in accordance with W.S.36-4-121(h).
(b) The department of state parks and cultural resources, inconsultation with the commission, is hereby charged with the duties andresponsibilities heretofore devolved upon the Old South Pass historicalpreserve, and for the purpose of discharging same is hereby invested with allthe powers and authority heretofore vested in such Old South Pass historicalpreserve, subject to the same limitations thereof; and the department of stateparks and cultural resources, in consultation with the commission, isauthorized to delegate the same, or so much thereof as it shall provide, to anadministrator or to a committee appointed by it for the performance of itsfunctions hereunder.
(c) User fees and other charges for the South Pass preservedevelopment are exempt from taxation by the state.
36-4-120. Repealed by Laws 1990, ch. 44, 3.
36-4-121. Permits to use state parks, recreation areas and historicsites.
(a) The department of state parks and cultural resources shalloffer for sale permits that allow use of the state parks, recreation areas,archeological sites and historic sites. Daily use permits shall be required atGlendo, Guernsey, Curt Gowdy, Edness Kimball Wilkins, Buffalo Bill, Boysen,Seminoe and Keyhole state parks and Fort Bridger, South Pass City, Trail End,Fort Fetterman and Fort Phil Kearney state historic sites, and Hawk Springsstate recreation area. The department may establish voluntary pay stations atBear River and Hot Springs state parks to allow users of those parks to makevoluntary contributions for the use of the state parks. Persons who enter oruse Bear River or Hot Springs state park without paying daily use fees shallnot be subject to the penalties provided for in subsection (j) of this section.Overnight camping permits shall be required at Boysen, Buffalo Bill, CurtGowdy, Glendo, Guernsey, Keyhole, Seminoe and Sinks Canyon state parks, ConnorBattlefield state historic site, Medicine Lodge state archeological site andHawk Springs state recreation area by the department during the entire calendaryear. Except for the lifetime permit issued without cost pursuant to subsection(n) of this section, the cost of the permits authorized under this sectionshall be:
(i) Thirty-three dollars ($33.00) per calendar year for aresident annual daily use permit and fifty-three dollars ($53.00) for anonresident annual daily use permit to designated state parks, historic sites,archeological sites and recreation areas, valid for the holder and occupants ofthe holder's vehicle, provided resident permits purchased pursuant to thisparagraph between January 1 through February 15 of each year shall costtwenty-seven dollars ($27.00) and nonresident permits purchased during the sameperiod shall cost forty-six dollars ($46.00);
(ii) Forty dollars ($40.00) per calendar year for an annualresident overnight camping permit, authorizing overnight camping at designatedstate parks, historic sites, archeological sites and recreation areas for theholder and occupants of the holder's vehicle;
(iii) Except as provided under paragraph (a)(v) of this section,four dollars ($4.00) for residents and six dollars ($6.00) for nonresidents forthe daily use fee for designated state parks, archeological sites andrecreation areas, valid for the date of purchase for the holder and occupantsof the holder's vehicle and for the holder entering the park or area bybicycle, horseback or on foot;
(iv) Except as provided under paragraph (a)(v) of this section,two dollars ($2.00) per person for residents and four dollars ($4.00) perperson for nonresidents for the daily use fee for designated state historicsites, valid for the date of purchase for the holder only. The fee is notrequired for persons under the age of eighteen (18) years;
(v) Three dollars ($3.00) per person for the daily use fee forbuses used in guided tours at designated state parks, historic sites andrecreation areas, valid for the date of purchase only. The annual permitauthorized under paragraphs (a)(i) and (ii) of this section is not valid forand shall not be issued to buses used for purposes specified under thisparagraph. The fee imposed under this paragraph shall not apply to personsunder the age of eighteen (18) years;
(vi) Six dollars ($6.00) per night for residents and elevendollars ($11.00) for nonresidents for overnight camping at any designated statepark, historic site, archeological site and recreation area valid for the dateof purchase and the following day until 3:00 p.m. for the holder and occupantsof the holder's vehicle;
(vii) Seven dollars ($7.00) for each additional vehicle annualdaily use permit issued under subsection (b) of this section;
(viii) Seven dollars ($7.00) for each additional vehicle annualresident overnight camping permit issued under subsection (b) of this section;
(ix) Seven dollars ($7.00) for each duplicate annual daily usepermit issued under subsection (c) of this section;
(x) Seven dollars ($7.00) for each duplicate annual residentovernight camping permit issued under subsection (c) of this section;
(xi) Any group may be charged a fee of not more than one hundredfifty dollars ($150.00) for a twenty-four (24) hour period for the use of thelodges located at Curt Gowdy or Buffalo Bill State Parks;
(xii) Any group may be charged a fee of not more than sixty-sixdollars ($66.00) for a twelve (12) hour period for a group picnic shelter andadjacent grounds located at any department location;
(xiii) Upon written request of a group sponsoring a special eventor upon the department's sponsorship of a special event, the director of thedepartment may, with the approval of the parks and cultural resourcescommission, waive any fees required under this subsection. A fee which mayexceed the daily use permit fee specified in this section may be charged for entryto special events. Holders of annual daily use or overnight permits may becharged the special event fee. A special event fee may be charged at any park,area or site under the jurisdiction of the department, regardless of whether adaily use fee has been established by law;
(xiv) An amenities fee which is in addition to any other feespecified in this section may be charged for camping in campsites designated bythe commission as campsites containing added amenities. "Addedamenities" means sites with electrical hookups, showers or campingstructures. An amenities fee may be charged at any park, area or site underthe jurisdiction of the department, regardless of whether a daily use orcamping fee has been established by law. The amount of the fee shall be set byrule and regulation but shall not be less than the cost of providing theamenity;
(xv) Funds collected from the amenities fee authorized byparagraph (xiv) of this subsection shall be deposited in an account and arecontinuously appropriated to the department to pay the utility fees andmaintenance costs for the additional amenities offered. The remaining fundscollected from the amenities fee authorized by paragraph (xiv) of thissubsection at the end of the fiscal year may be deposited in a capitalconstruction account and expended in accordance with W.S. 36-4-121(h). Revenuesand expenditures under paragraph (xiv) of this subsection and this paragraphshall be reported annually to the joint appropriations and joint travel,recreation, wildlife and cultural resources interim committees on June 30, ofeach year;
(xvi) Waived for the following:
(A) Persons needing to pass through a state park or historicsite to access private property shall be exempt from the entrance permitrequirements of this section;
(B) Persons needing access to a state park or historic site toconduct official business or only to access a private commercial businesswithout further use of the state park or historic site shall be exempt from theentrance permit requirements of this section;
(C) School groups on school sanctioned events including eventssanctioned by educational programs defined under W.S. 21-4-101(a)(iii), (iv)and (v), and residents and staff of publicly owned homes or institutions whileon official agency functions shall be exempt from the entrance permitrequirements of this section;
(D) Not for profit groups or organizations needing access to astate park or historic site to provide volunteer assistance or services thathave been previously agreed upon by the department of state parks and culturalresources shall be exempt from the permit requirements of this section.
(b) Any holder of an annual daily use permit or an annualresident overnight camping permit may obtain additional vehicle annual dailyuse permits or additional vehicle annual overnight camping permits from thedepartment or any selling agent of the department upon payment of the feeprescribed under paragraph (a)(vii) or (viii) of this section, as applicable,and upon submission of proof satisfactory to the department that an originalannual permit was purchased and that the additional vehicle is registered inthe same name as the vehicle for which the original annual permit is obtained,or that the additional vehicle is operated by the person who purchased theoriginal annual permit or a member of his family under duly granted authorityfrom his employer. The director shall determine the validity of the authorityof an applicant to operate an employer-owned vehicle prior to issuance of anadditional vehicle permit for that vehicle under this section. Any vehicle intow by another vehicle owned by the same person shall be considered a singlevehicle for purposes of this section and only a single annual bucking horsedaily use permit shall be required for entrance at state parks and a singleannual overnight camping permit shall be required for overnight camping atstate parks.
(c) If an annual daily use permit or an annual residentovernight camping permit is lost, mutilated or destroyed, the holder of thepermit may obtain a duplicate annual permit from the department or any sellingagent of the department upon filing an affidavit showing the loss, mutilationor destruction of the original permit and upon payment of the fee imposed underparagraph (a)(ix) or (x) of this section, as applicable.
(d) Repealed by Laws 1992, ch. 50, 3.
(e) The department through the division of state parks andhistoric sites shall in accordance with W.S. 36-4-123, appoint selling agentsto sell annual daily use and annual camping permits authorized under thissection. Each appointed selling agent shall retain ten percent (10%) of thecost of each permit sold under this section as his sales commission. Designateddepartment employees may sell permits required by this section but no employeeof the department shall receive any commission on permits sold.
(f) Repealed by Laws 1992, ch. 50, 3.
(g) Repealed by Laws 1992, ch. 50, 3.
(h) The funds received by the department from the sale of thepermits shall be deposited in a capital construction account and may beexpended by the department for capital construction projects, majormaintenance, and site interpretation such as exhibits, signage and displays asapproved by the legislature.
(j) Any person using state parks, recreation areas and historicsites and failing to obtain a permit required by this section and any personotherwise violating this section is guilty of a misdemeanor punishable by afine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both.
(k) The department of state parks and cultural resources isauthorized to contract with the town of Ranchester to implement a feecollection program at Connor Battlefield state historic site and to provide forpark maintenance and operation. Notwithstanding subsection (h) of this section,fees collected pursuant to paragraphs (a)(ii) and (v) of this section forovernight camping at Connor Battlefield state historic site shall be depositedinto a separate account and may be expended by the department pursuant tocontracts entered into under this subsection.
(m) Repealed by Laws 2009, Ch. 168, 207.
(n) Any resident disabled veteran who receives fifty percent(50%) or more service connected disability compensation from the United Statesdepartment of veteran's affairs may apply to the department for a lifetimepermit authorizing the use of state parks, recreation areas, archeologicalsites and historic sites without payment of any daily use, overnight or otherfee authorized to be charged pursuant to this section. Only one (1) permitshall be issued to any qualified applicant under this subsection and shall bevalid for the applicant and for all occupants of the applicant's vehicle. Inaddition to information and other application procedural requirementsprescribed by rule and regulation of the department, application for thelifetime permit shall include proof of residency and certification of theservice connected disability. The lifetime permit is valid as long as theholder is a Wyoming resident. A permit under this subsection shall be issuedto an eligible applicant without the imposition of a fee.
(o) The department is authorized to sponsor special events and tocontract with groups sponsoring special events at state parks, recreationareas, archeological sites or historic sites. A special event fee may becharged as provided in paragraph (a)(xiii) of this section. All funds receivedfrom special events sponsored by the department shall be deposited in specialevents account. The funds deposited within the account are continuouslyappropriated to and may be expended by the department to conduct special eventsdirectly or pursuant to contracts entered under this subsection.
(p) Repealed By Laws 2008, Ch. 63, 2.
36-4-122. Administration of Hot Springs state park.
(a) Effective April 1, 1990, the authority for management,control and administration of the Hot Springs state park located atThermopolis, Hot Springs county, is vested in the department of state parks andcultural resources, in consultation with the commission. Effective July 1,1999, the authority for management, control and administration of the HotSprings state park located at Thermopolis, Hot Springs county, is vested in thedepartment of state parks and cultural resources, in consultation with the commission.The state park will be administered by the department in accordance with W.S.36-8-301 through 36-8-405.
(b) Repealed by Laws 1990, ch. 44, 3.
(c) Repealed by Laws 1990, ch. 44, 3.
36-4-123. Selling agents for registrations, licenses and permits.
(a) The department of state parks and cultural resourcesthrough the division of parks and historic sites shall appoint selling agentsto sell snowmobile registrations pursuant to W.S. 31-2-402, permits under W.S.36-4-121 and other licenses, registrations and permits for which the departmentmay by law be required to issue and collect fees. Selling agents appointedunder this section shall be bonded by the department, subject to the following:
(i) The appointed agent, prior to September 1 preceding thecalendar year for which the bond is to be in effect, shall pay to thedepartment a nonrefundable annual bonding fee of fifty dollars ($50.00);
(ii) Any newly appointed agent shall pay the bonding feeprescribed under paragraph (a)(i) of this section to the department immediatelyupon appointment for the remainder of the calendar year in which appointed;
(iii) Bonding fees collected under this subsection shall bedeposited in a bond pool account, from which any claim against the bond of any sellingagent and not directly collected from the agent shall be paid.
(b) Each selling agent appointed under subsection (a) of thissection shall:
(i) On or before the tenth day of each month on forms providedby the division, file a report with the division stating all sales ofregistrations, licenses or permits by the agent during the preceding month;
(ii) Remit to the division all revenues collected by the agentfrom registration, license or permit sales during the preceding month reportedunder paragraph (b)(i) of this section, less any sales commission authorized bylaw;
(iii) Annually account for and deliver to the division allunused, surplus or damaged registration decals, licenses or permits received bythe agent.
(c) In addition to any other penalty imposed by law, anyselling agent failing to comply with this section and other applicable lawshall not receive any sales commission authorized by law.
36-4-101. Commission established; composition; appointment and termsof members; removal; representation from appointment districts; vacancies; meetings;president.
(a) There is established the Wyoming parks and culturalresources commission within the department of state parks and culturalresources which shall consist of nine (9) members, citizens of Wyoming, notmore than five (5) of whom shall be registered in the same political party.Commission members shall be appointed by the governor, by and with the adviceand consent of the state senate, and may be removed by the governor as providedin W.S. 9-1-202. Appointments made between sessions of the legislature shall bemade in accordance with W.S. 28-12-101. In addition, the governor is an exofficio member of the commission.
(b) The term for commission members is five (5) years, andshall expire on March 1, providing that the terms of the members firstappointed shall be staggered as follows:
(i) Three (3) members shall be appointed for a term of two (2)years;
(ii) Three (3) members shall be appointed for a term of four (4)years; and
(iii) Three (3) members shall be appointed for a term of five (5)years.
(c) Each appointment district pursuant to W.S. 9-1-218 shall atall times be represented by at least one (1) commissioner who is a resident ofthat district.
(d) All vacancies occurring on the commission shall be filledby the governor in accordance with W.S. 28-12-101.
(e) The first meeting of the commission shall be at the call ofthe governor. Thereafter, the commission shall meet at least once every three(3) months. Other meetings may be held at the call of the president of thecommission, the governor or a majority of the commission members.
(f) At the first meeting of the commission and thereafter atthe regular September meeting of each year, the commission shall elect one (1)of its members president who shall hold his office for a term of one (1) year.If a vacancy occurs in the office of president, the commission shall elect amember of the commission to serve as president for the remainder of that term.
(g) Effective July 1, 1979, appointments and terms under thissection shall be in accordance with W.S. 28-12-101 through 28-12-103.
(h) Any statute or legal or other document which refers to theWyoming recreation commission established under subsection (a) of this section,as existing on and after April 1, 1990 and serving in an advisory capacity tothe department of state parks and cultural resources, means the Wyoming parksand cultural resources commission which is the successor to the recreationcommission, as existing on and after April 1, 1990.
(j) As used in W.S. 36-4-101 through 36-4-119, "thisact" means W.S. 36-4-101 through 36-4-119.
36-4-102. Advisory board.
(a) There is established an advisory board consisting of one(1) member from each county to be appointed by the governor and to serve for aterm of two (2) years. The governor may remove any board member as provided inW.S. 9-1-202.
(b) The president of the commission shall serve as the chairmanof the advisory board. The advisory board shall meet at the call of thepresident of the commission or the governor.
36-4-103. What constitutes outdoor recreation areas and facilities.
Forthe purposes of this act, outdoor recreation areas and facilities shall includestate parks, public recreation grounds, historical parks, and historical,archaeological, geological and ecological sites now in existence or hereaftercreated. As used in this section, W.S. 36-4-105 and 36-4-108, "historicalparks" includes all land and structures at South Pass City and Fort FredSteele.
36-4-104. Powers; interpretive service agreements.
(a) The department of state parks and cultural resources, inconsultation with the commission, may, subject to the provisions of this act:
(i) Acquire and accept title in the name of the state ofWyoming, by grant, dedication, gift, devise, donation, or demise, to any landssuitable as an outdoor recreation area or facility;
(ii) With the concurrence of the board of land commissioners,set aside and designate as an outdoor recreation area or facility any suitabletract of land belonging to the state of Wyoming which is not appropriated tosome other fund or use;
(iii) Take options to purchase lands subject to the approval andappropriation therefor of the next succeeding legislature;
(iv) Accept any gifts or grants for archives, museums andhistorical purposes;
(v) Deaccession artifacts from the state's collection.
(b) To provide interpretive and educational services atrecreation areas and facilities, the department may enter into agreements withprivate, nonprofit scientific, historic or educational organizations organizedsolely for the purpose of providing interpretive and educational services atWyoming recreation areas and facilities. The department may under any agreemententered into pursuant to this subsection, provide personnel services to assistany private, nonprofit organization with carrying out its interpretive andeducational program and may provide space at or within any recreation area orfacility for interpretive materials provided by the organization. Anyorganization entering into an agreement may:
(i) Offer interpretive or educational materials for sale atrecreation areas and facilities. Revenues collected from sales under thisparagraph shall be retained by the organization solely for use in providinginterpretive or educational services at the area or facility for which theorganization provides these services;
(ii) Acquire display materials and equipment for exhibit atareas and facilities;
(iii) Support special area or facility interpretive oreducational programs, other interpretive projects related to a specific area orfacility and may support area or facility resource centers.
(c) The department, with the advice of the commission, shallpromulgate rules and regulations as necessary to implement subsection (b) ofthis section. Rules and regulations adopted under this subsection shall specify:
(i) Procedures for entering into agreements for interpretiveand educational services;
(ii) Guidelines for approving interpretive materials whichpresent both sides of an issue, if appropriate, in a balanced manner to beprovided by the contracting organization at recreation areas and facilities;and
(iii) Procedures for renewal and dissolution of agreementsbetween the department and private, nonprofit organizations.
(d) As used in subsections (b) and (c) of this section,"recreation areas and facilities" include both indoor and outdoorfacilities at state parks, historic sites, recreation areas and historical,archaeological, geological and ecological sites as enumerated under W.S.36-4-103.
(e) The department, with the advice of the commission, shalladopt procedures in accordance with this act for the acquisition or designationof any lands to be used as an outdoor recreation area or facility.
(f) The department, in consultation with the commission, mayrecommend that any outdoor recreation area and facility be no longer designatedas such or may recommend that it be disposed of through sale, exchange, leaseor assignment of fee ownership. The recommendation for removal of thedesignation or disposal shall follow application of the criteria and proceduresfor accessioning areas or facilities under W.S. 36-4-106(e), (f) and (g).
36-4-105. Naming of sites and parks.
Eachstate park, public recreation ground, historic park or archaeological,geological or ecological site created and established under this act shall begiven an appropriate name by the department of state parks and culturalresources, in consultation with the commission.
36-4-106. Plan for acquisition and development of resources; authorityof department; coordination of activities; exceptions; agreements with UnitedStates; state archaeologist.
(a) The department of state parks and cultural resources, inconsultation with the commission, shall prepare, maintain and keep up to date acomprehensive plan for the acquisition and development of outdoor recreationresources of the state. The department and the commission shall prepare thecomprehensive plan in accordance with subsections (e) and (f) of this section. Authority is hereby granted to the department of state parks and culturalresources, in consultation with the commission, to develop, operate andmaintain outdoor recreation areas and facilities of the state and to acquire pursuantto provisions of law, but not by the power of eminent domain, land, waters andinterest in land and waters for such areas and facilities. Authority is herebygranted to the department, in consultation with the commission, to enter intocontracts and agreements with the United States, or any appropriate agencythereof, to keep financial and other records relating thereto, and to furnishto appropriate officials and agencies of the United States such reports andinformation as may be reasonably necessary to enable such officials or agenciesto perform their duties under the provisions of Public Law 88-578 or any otherapplicable federal statutes.
(b) In connection with obtaining the benefits of any suchprogram for the state of Wyoming, the department shall coordinate itsactivities with and fairly represent the interests of all agencies of thestate, county, city and any other governmental units having interests in theplanning, acquisition, development or maintenance of outdoor recreationresources and facilities within the state.
(c) The department, in consultation with the commission, mayenter into and administer agreements with the United States or any appropriateagency thereof for planning, acquisition and development of projects involvingparticipation under federal aid funds on behalf of any county, city or othergovernmental unit; provided that such county, city or other local governmentunit gives necessary assurance to the department that it has availablesufficient funds to meet its share of the cost of the project and that theacquired and developed areas will be operated and maintained at its expense forpublic outdoor recreation use.
(d) There shall be appointed within the department of stateparks and cultural resources a state archaeologist, who shall be a member ofthe department of anthropology of the University of Wyoming. The statearchaeologist shall receive an annual salary to be determined by the Wyominghuman resources division, which shall be in addition to any compensationreceived from the university. The state archaeologist may:
(i) Investigate, study, preserve and record such evidence ofprehistoric and early historic human activity as shall be reported from time totime by citizens of the state or of which the survey may otherwise becomeaware;
(ii) Begin and carry out as time permits an archaeologicalsurvey of the state, locating and recording all evidences of prehistoric andearly historic human activity that may be encountered and maintaining recordsin the form of filed maps and documents deposited permanently at the Universityof Wyoming;
(iii) Engage in systematic, intensive archaeologicalinvestigations of significance to the reconstruction of the prehistory andearly history of the state as time and facilities permit and to solicit fundsfor this work from the various public and private foundations and other sourcesgenerally available to the field archaeologist;
(iv) Prepare and publish from time to time technical reportsbearing on the investigations carried out or of significance to thereconstruction of the prehistory and early history of the state;
(v) Cooperate to the extent of capacity with communities andother agencies in the state interested in the establishment of localarchaeological museums and related activities;
(vi) Cooperate with all agencies to the extent of capacity inthe protection from vandalism, natural and other kinds of destruction of allobjects of archaeological significance and to render aid in the enforcement ofthe Wyoming Antiquities Act;
(vii) Distribute all publications of the survey to the public onrequest, either free or at a price to be determined.
(e) The department of state parks and cultural resources, inconsultation with the commission shall develop and maintain a comprehensiveplan for the acquisition, disposal and development of outdoor recreationresources of the state. Criteria for evaluating resources for acquisition,disposal and development as an outdoor recreation area or facility under theplan shall be adopted as rules in accordance with the Wyoming AdministrativeProcedure Act.
(f) Except as provided in subsection (g) of this section, priorto acquiring or accepting title to any lands for an outdoor recreation area orfacility or designating or removing a designation of lands as an outdoorrecreation area or facility, or disposing of any property as provided in W.S.36-4-104(f), the department shall apply the site criteria process developedpursuant to subsection (e) of this section. The department shall consult withthe commission regarding the application of the site criteria and may informthe joint travel, recreation, wildlife and cultural resources interim committeeregarding the potential acquisition, designation, disposal or removal ofdesignation. The department shall determine if the site should be acquired ordisposed of or the lands so designated or removed from designation. Afterconsultation with the commission, if the department determines the site shouldbe acquired or disposed of or so designated or removed from designation, itshall make the recommendation to the joint travel, recreation, wildlife andcultural resources interim committee. The committee shall prepare legislationfor the acquisition, disposal, removal from designation or designation of landsas an outdoor recreation area or facility as it determines appropriate andnecessary.
(g) The department may dispose of, designate or remove fromdesignation any lands for an outdoor recreation area or facility withoutcomplying with the provisions of subsection (e) or (f) of this section if:
(i) The disposal, designation or removal of designation is deminimus in nature as provided in department rule and regulation. "Deminimus", as used in this paragraph, means the property in question isless than five (5) acres in size;
(ii) The action conforms to either the department's mission orthe current strategic plan of the department;
(iii) The action conforms to the provisions of the department'scurrent master plan for the park or site where the property is located; and
(iv) The action is presented to the joint travel, recreation,wildlife and cultural resources interim committee for informational purposesprior to completion of the action.
36-4-107. Authority to lease; exchange of lands and contracts withUnited States.
Thedepartment, in consultation with the commission, shall have the power and ishereby authorized to lease, grant or operate any outdoor recreation area orfacility belonging to the state which is not subject to lease, grant oroperation by another agency of the state. The department, in consultation withthe commission, may exchange state lands which are not appropriated to otheruse for United States outdoor recreation areas and facilities, and undercontract with the United States, may take over the management, leasing andoperation of any such area or facility. Where the department deems it to be inthe best interest of the state, it may, in consultation with the commission,contract with the United States government or any authorized federal agency forthe operation of any outdoor recreation area or facility established by thedepartment.
36-4-108. Acquisition and supervision of historical parks and sites.
(a) The department, in consultation with the commission, mayreceive or acquire, but not by use of the power of eminent domain, historicalparks and sites within the state. Nothing in this section limits the authorityof the department to receive, acquire and to maintain, but not by use of thepower of eminent domain, land for other outdoor recreation areas andfacilities. The department shall be subject to the provisions of W.S.36-4-106(e) and (f) when acting pursuant to this section.
(b) The department shall:
(i) Supervise, maintain and control historic parks, includingfurnishing and controlling employees and equipment, possessing and controllingall items, objects and furnishings, and erecting all signs and markers;
(ii) Interpret historic parks and prepare and arrange all items,objects, furnishings and information;
(iii) Repealed by Laws 1990, ch. 44, 3.
(iv) Administer the state trails program; and
(v) Erect, maintain and remove monuments and markers.
36-4-109. Contracts and agreements with United States for improvementsand maintenance.
Thedepartment, in consultation with the commission, is authorized to enter intocontracts and agreements with the United States or any duly authorizedrepresentative or agency thereof to cause state outdoor recreation areas andfacilities to be improved and maintained and for that purpose may contract tosecure the labor of members of organizations under the control of the federalgovernment or some duly authorized representative or agency thereof.
36-4-110. Power to lease or rent concessions.
Thedepartment, in consultation with the commission, is empowered to lease, enterinto contracts and assess fees for concessions, cabin sites, boat clubs, andother services of all lawful kinds and nature on state outdoor recreation areasor facilities to persons, partnerships, and corporations for a valuableconsideration upon such terms and conditions as the department deems fit andproper. Funds received by the department pursuant to this section shall bedeposited and expended in accordance with W.S. 36-4-121(h).
36-4-111. Authority to receive and expend monies; investments.
(a) The state treasurer, after consultation with the governor,is hereby authorized and directed to receive and credit to the appropriateaccount any grant, donation, or bequest which is made to the state of Wyomingor the department which contains a condition or restriction that the incomeonly therefrom shall be expended for the purposes provided by this act.
(b) The department, in consultation with the commission, shallhave the authority to receive in trust, any money or property of any kind orcharacter, donated, granted, or bequeathed to the commission, the department orthe state of Wyoming for outdoor recreation areas and facilities and to carryout the terms, if any, of any such grant, donation or bequest, or in theabsence of any terms or limitations, to expend the money or the proceeds of anysuch property as it may deem advisable for outdoor recreation areas orfacilities under the provisions of this act. The department shall be subject tothe provisions of W.S. 36-4-106(e) and (f) when accepting property pursuant tothis section to be designated as an outdoor recreation area or facility.
(c) Money received and the proceeds or other property likewisereceived and disposed of by the department, in consultation with thecommission, may be expended by the department for the purposes of this act.
(d) Any money under this section shall be invested by the statetreasurer in securities of any of the classes in which he is permitted by lawto invest the general school funds of this state, and the interest receivedthereon shall be placed at the disposal of the department to be used by it incarrying out the purposes of this act.
36-4-112. Receipt and expenditure of federal funds; use of funds fromland and water conservation fund.
Authorityis hereby granted for the state of Wyoming and its authorized representatives,with the approval of the governor, to receive and to disburse federal monieswhich may now and hereafter be available under the provisions of Public Law88-578 or any other applicable federal statutes, for the acquisition,development, operation and maintenance of outdoor recreation areas andfacilities of the state. All funds received because of state participation inthe Land and Water Conservation Fund Act shall accrue to the state treasurerwho shall deposit them in the appropriate accounts. No funds so received shallbe used for any purpose other than the administration of the provisions of theLand and Water Conservation Fund Act. Such projects may be undertaken by thedepartment in consultation with the commission only after it has beendetermined that sufficient funds are available for meeting the state's share ofproject costs.
36-4-113. Private improvement permits.
Thedepartment of state parks and cultural resources may grant permits to anyindividual, improvement club or voluntary association, or committeerepresenting such clubs and associations, to improve, without expense to thestate, any outdoor recreation area or facility established under the provisionsof this act. All such improvements, changes, alterations or restorations shallbe outlined in writing or set forth in drawings and specifications furnished bythe department and the work undertaken shall be subject to inspection andsupervision by the department during the course thereof.
36-4-114. Repealed by Laws 1990, ch. 44, 3.
36-4-115. Rules and regulations; general penalty for violations.
(a) The department of state parks and cultural resources inconsultation with the commission shall promulgate and enforce all reasonablerules and regulations necessary to carry out this act.
(b) Rules and regulations promulgated by the department underthis act and governing state parks and historic sites shall include the:
(i) Conservation of peace and good order within each park;
(ii) Preservation of state property;
(iii) Promotion of the well-being of park visitors and residents;and
(iv) Definition of a public nuisance within state parks andhistoric sites.
(c) The department of state parks and cultural resources shallenforce its rules and regulations.
(d) Any person violating this act or any rule and regulationpromulgated by the department under subsection (b) of this section is guilty ofa misdemeanor and shall be fined not more than seven hundred fifty dollars($750.00), imprisoned for not more than six (6) months, or both.
36-4-116. Repealed by Laws 1982, ch. 48, 3.
36-4-117. Jurisdiction over grazing districts.
Nothingin this act, shall be construed as giving jurisdiction to the department ofstate parks and cultural resources over interest in any grazing districtestablished under the terms of the Taylor Grazing Act unless and untilagreement and consent of the board of directors of the grazing district to thiseffect is formally secured.
36-4-118. Compensation prohibited; per diem and travel expensespermitted.
Themembers of the commission and the advisory board shall not receive anycompensation for their services, but when actually engaged in the performanceof their duties, they shall be paid a per diem for each day of such actualservice and be reimbursed for their travel expenses at the same rate applicableto travel expenses of other state officers.
36-4-119. Existing agreements binding; successor to records andduties; taxation exemption.
(a) Effective April 1, 1990 the department of commerce shall bebound by any and all agreements, contracts and obligations incurred by theWyoming recreation commission to which it had been bound because they wereincurred by the Wyoming state parks commission and land and water conservationcommission and Old South Pass historical preserve commission prior to July 1,1973, and shall succeed to all records, documents, equipment, and otherpersonal or real property under the control and management of the parkscommission of Wyoming and the state land and water conservation commission ofWyoming and the Old South Pass historical preserve commission of Wyomingacquired and used in the performance of duties previously imposed upon thosecommissioners. All money from operation of the Old South Pass historicalpreserve shall be credited to the general fund. Effective July 1, 1999 thedepartment of state parks and cultural resources shall be bound by any and allagreements, contracts and obligations incurred by the department of commerce towhich it had been bound because they were incurred by the Wyoming state parkscommission and land and water conservation commission and Old South Passhistorical preserve commission prior to July 1, 1973, and shall succeed to allrecords, documents, equipment, and other personal or real property under thecontrol and management of the parks commission of Wyoming and the state landand water conservation commission of Wyoming and the Old South Pass historicalpreserve commission of Wyoming acquired and used in the performance of dutiespreviously imposed upon those commissioners. All money from operation of theOld South Pass historical preserve shall be credited in accordance with W.S.36-4-121(h).
(b) The department of state parks and cultural resources, inconsultation with the commission, is hereby charged with the duties andresponsibilities heretofore devolved upon the Old South Pass historicalpreserve, and for the purpose of discharging same is hereby invested with allthe powers and authority heretofore vested in such Old South Pass historicalpreserve, subject to the same limitations thereof; and the department of stateparks and cultural resources, in consultation with the commission, isauthorized to delegate the same, or so much thereof as it shall provide, to anadministrator or to a committee appointed by it for the performance of itsfunctions hereunder.
(c) User fees and other charges for the South Pass preservedevelopment are exempt from taxation by the state.
36-4-120. Repealed by Laws 1990, ch. 44, 3.
36-4-121. Permits to use state parks, recreation areas and historicsites.
(a) The department of state parks and cultural resources shalloffer for sale permits that allow use of the state parks, recreation areas,archeological sites and historic sites. Daily use permits shall be required atGlendo, Guernsey, Curt Gowdy, Edness Kimball Wilkins, Buffalo Bill, Boysen,Seminoe and Keyhole state parks and Fort Bridger, South Pass City, Trail End,Fort Fetterman and Fort Phil Kearney state historic sites, and Hawk Springsstate recreation area. The department may establish voluntary pay stations atBear River and Hot Springs state parks to allow users of those parks to makevoluntary contributions for the use of the state parks. Persons who enter oruse Bear River or Hot Springs state park without paying daily use fees shallnot be subject to the penalties provided for in subsection (j) of this section.Overnight camping permits shall be required at Boysen, Buffalo Bill, CurtGowdy, Glendo, Guernsey, Keyhole, Seminoe and Sinks Canyon state parks, ConnorBattlefield state historic site, Medicine Lodge state archeological site andHawk Springs state recreation area by the department during the entire calendaryear. Except for the lifetime permit issued without cost pursuant to subsection(n) of this section, the cost of the permits authorized under this sectionshall be:
(i) Thirty-three dollars ($33.00) per calendar year for aresident annual daily use permit and fifty-three dollars ($53.00) for anonresident annual daily use permit to designated state parks, historic sites,archeological sites and recreation areas, valid for the holder and occupants ofthe holder's vehicle, provided resident permits purchased pursuant to thisparagraph between January 1 through February 15 of each year shall costtwenty-seven dollars ($27.00) and nonresident permits purchased during the sameperiod shall cost forty-six dollars ($46.00);
(ii) Forty dollars ($40.00) per calendar year for an annualresident overnight camping permit, authorizing overnight camping at designatedstate parks, historic sites, archeological sites and recreation areas for theholder and occupants of the holder's vehicle;
(iii) Except as provided under paragraph (a)(v) of this section,four dollars ($4.00) for residents and six dollars ($6.00) for nonresidents forthe daily use fee for designated state parks, archeological sites andrecreation areas, valid for the date of purchase for the holder and occupantsof the holder's vehicle and for the holder entering the park or area bybicycle, horseback or on foot;
(iv) Except as provided under paragraph (a)(v) of this section,two dollars ($2.00) per person for residents and four dollars ($4.00) perperson for nonresidents for the daily use fee for designated state historicsites, valid for the date of purchase for the holder only. The fee is notrequired for persons under the age of eighteen (18) years;
(v) Three dollars ($3.00) per person for the daily use fee forbuses used in guided tours at designated state parks, historic sites andrecreation areas, valid for the date of purchase only. The annual permitauthorized under paragraphs (a)(i) and (ii) of this section is not valid forand shall not be issued to buses used for purposes specified under thisparagraph. The fee imposed under this paragraph shall not apply to personsunder the age of eighteen (18) years;
(vi) Six dollars ($6.00) per night for residents and elevendollars ($11.00) for nonresidents for overnight camping at any designated statepark, historic site, archeological site and recreation area valid for the dateof purchase and the following day until 3:00 p.m. for the holder and occupantsof the holder's vehicle;
(vii) Seven dollars ($7.00) for each additional vehicle annualdaily use permit issued under subsection (b) of this section;
(viii) Seven dollars ($7.00) for each additional vehicle annualresident overnight camping permit issued under subsection (b) of this section;
(ix) Seven dollars ($7.00) for each duplicate annual daily usepermit issued under subsection (c) of this section;
(x) Seven dollars ($7.00) for each duplicate annual residentovernight camping permit issued under subsection (c) of this section;
(xi) Any group may be charged a fee of not more than one hundredfifty dollars ($150.00) for a twenty-four (24) hour period for the use of thelodges located at Curt Gowdy or Buffalo Bill State Parks;
(xii) Any group may be charged a fee of not more than sixty-sixdollars ($66.00) for a twelve (12) hour period for a group picnic shelter andadjacent grounds located at any department location;
(xiii) Upon written request of a group sponsoring a special eventor upon the department's sponsorship of a special event, the director of thedepartment may, with the approval of the parks and cultural resourcescommission, waive any fees required under this subsection. A fee which mayexceed the daily use permit fee specified in this section may be charged for entryto special events. Holders of annual daily use or overnight permits may becharged the special event fee. A special event fee may be charged at any park,area or site under the jurisdiction of the department, regardless of whether adaily use fee has been established by law;
(xiv) An amenities fee which is in addition to any other feespecified in this section may be charged for camping in campsites designated bythe commission as campsites containing added amenities. "Addedamenities" means sites with electrical hookups, showers or campingstructures. An amenities fee may be charged at any park, area or site underthe jurisdiction of the department, regardless of whether a daily use orcamping fee has been established by law. The amount of the fee shall be set byrule and regulation but shall not be less than the cost of providing theamenity;
(xv) Funds collected from the amenities fee authorized byparagraph (xiv) of this subsection shall be deposited in an account and arecontinuously appropriated to the department to pay the utility fees andmaintenance costs for the additional amenities offered. The remaining fundscollected from the amenities fee authorized by paragraph (xiv) of thissubsection at the end of the fiscal year may be deposited in a capitalconstruction account and expended in accordance with W.S. 36-4-121(h). Revenuesand expenditures under paragraph (xiv) of this subsection and this paragraphshall be reported annually to the joint appropriations and joint travel,recreation, wildlife and cultural resources interim committees on June 30, ofeach year;
(xvi) Waived for the following:
(A) Persons needing to pass through a state park or historicsite to access private property shall be exempt from the entrance permitrequirements of this section;
(B) Persons needing access to a state park or historic site toconduct official business or only to access a private commercial businesswithout further use of the state park or historic site shall be exempt from theentrance permit requirements of this section;
(C) School groups on school sanctioned events including eventssanctioned by educational programs defined under W.S. 21-4-101(a)(iii), (iv)and (v), and residents and staff of publicly owned homes or institutions whileon official agency functions shall be exempt from the entrance permitrequirements of this section;
(D) Not for profit groups or organizations needing access to astate park or historic site to provide volunteer assistance or services thathave been previously agreed upon by the department of state parks and culturalresources shall be exempt from the permit requirements of this section.
(b) Any holder of an annual daily use permit or an annualresident overnight camping permit may obtain additional vehicle annual dailyuse permits or additional vehicle annual overnight camping permits from thedepartment or any selling agent of the department upon payment of the feeprescribed under paragraph (a)(vii) or (viii) of this section, as applicable,and upon submission of proof satisfactory to the department that an originalannual permit was purchased and that the additional vehicle is registered inthe same name as the vehicle for which the original annual permit is obtained,or that the additional vehicle is operated by the person who purchased theoriginal annual permit or a member of his family under duly granted authorityfrom his employer. The director shall determine the validity of the authorityof an applicant to operate an employer-owned vehicle prior to issuance of anadditional vehicle permit for that vehicle under this section. Any vehicle intow by another vehicle owned by the same person shall be considered a singlevehicle for purposes of this section and only a single annual bucking horsedaily use permit shall be required for entrance at state parks and a singleannual overnight camping permit shall be required for overnight camping atstate parks.
(c) If an annual daily use permit or an annual residentovernight camping permit is lost, mutilated or destroyed, the holder of thepermit may obtain a duplicate annual permit from the department or any sellingagent of the department upon filing an affidavit showing the loss, mutilationor destruction of the original permit and upon payment of the fee imposed underparagraph (a)(ix) or (x) of this section, as applicable.
(d) Repealed by Laws 1992, ch. 50, 3.
(e) The department through the division of state parks andhistoric sites shall in accordance with W.S. 36-4-123, appoint selling agentsto sell annual daily use and annual camping permits authorized under thissection. Each appointed selling agent shall retain ten percent (10%) of thecost of each permit sold under this section as his sales commission. Designateddepartment employees may sell permits required by this section but no employeeof the department shall receive any commission on permits sold.
(f) Repealed by Laws 1992, ch. 50, 3.
(g) Repealed by Laws 1992, ch. 50, 3.
(h) The funds received by the department from the sale of thepermits shall be deposited in a capital construction account and may beexpended by the department for capital construction projects, majormaintenance, and site interpretation such as exhibits, signage and displays asapproved by the legislature.
(j) Any person using state parks, recreation areas and historicsites and failing to obtain a permit required by this section and any personotherwise violating this section is guilty of a misdemeanor punishable by afine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both.
(k) The department of state parks and cultural resources isauthorized to contract with the town of Ranchester to implement a feecollection program at Connor Battlefield state historic site and to provide forpark maintenance and operation. Notwithstanding subsection (h) of this section,fees collected pursuant to paragraphs (a)(ii) and (v) of this section forovernight camping at Connor Battlefield state historic site shall be depositedinto a separate account and may be expended by the department pursuant tocontracts entered into under this subsection.
(m) Repealed by Laws 2009, Ch. 168, 207.
(n) Any resident disabled veteran who receives fifty percent(50%) or more service connected disability compensation from the United Statesdepartment of veteran's affairs may apply to the department for a lifetimepermit authorizing the use of state parks, recreation areas, archeologicalsites and historic sites without payment of any daily use, overnight or otherfee authorized to be charged pursuant to this section. Only one (1) permitshall be issued to any qualified applicant under this subsection and shall bevalid for the applicant and for all occupants of the applicant's vehicle. Inaddition to information and other application procedural requirementsprescribed by rule and regulation of the department, application for thelifetime permit shall include proof of residency and certification of theservice connected disability. The lifetime permit is valid as long as theholder is a Wyoming resident. A permit under this subsection shall be issuedto an eligible applicant without the imposition of a fee.
(o) The department is authorized to sponsor special events and tocontract with groups sponsoring special events at state parks, recreationareas, archeological sites or historic sites. A special event fee may becharged as provided in paragraph (a)(xiii) of this section. All funds receivedfrom special events sponsored by the department shall be deposited in specialevents account. The funds deposited within the account are continuouslyappropriated to and may be expended by the department to conduct special eventsdirectly or pursuant to contracts entered under this subsection.
(p) Repealed By Laws 2008, Ch. 63, 2.
36-4-122. Administration of Hot Springs state park.
(a) Effective April 1, 1990, the authority for management,control and administration of the Hot Springs state park located atThermopolis, Hot Springs county, is vested in the department of state parks andcultural resources, in consultation with the commission. Effective July 1,1999, the authority for management, control and administration of the HotSprings state park located at Thermopolis, Hot Springs county, is vested in thedepartment of state parks and cultural resources, in consultation with the commission.The state park will be administered by the department in accordance with W.S.36-8-301 through 36-8-405.
(b) Repealed by Laws 1990, ch. 44, 3.
(c) Repealed by Laws 1990, ch. 44, 3.
36-4-123. Selling agents for registrations, licenses and permits.
(a) The department of state parks and cultural resourcesthrough the division of parks and historic sites shall appoint selling agentsto sell snowmobile registrations pursuant to W.S. 31-2-402, permits under W.S.36-4-121 and other licenses, registrations and permits for which the departmentmay by law be required to issue and collect fees. Selling agents appointedunder this section shall be bonded by the department, subject to the following:
(i) The appointed agent, prior to September 1 preceding thecalendar year for which the bond is to be in effect, shall pay to thedepartment a nonrefundable annual bonding fee of fifty dollars ($50.00);
(ii) Any newly appointed agent shall pay the bonding feeprescribed under paragraph (a)(i) of this section to the department immediatelyupon appointment for the remainder of the calendar year in which appointed;
(iii) Bonding fees collected under this subsection shall bedeposited in a bond pool account, from which any claim against the bond of any sellingagent and not directly collected from the agent shall be paid.
(b) Each selling agent appointed under subsection (a) of thissection shall:
(i) On or before the tenth day of each month on forms providedby the division, file a report with the division stating all sales ofregistrations, licenses or permits by the agent during the preceding month;
(ii) Remit to the division all revenues collected by the agentfrom registration, license or permit sales during the preceding month reportedunder paragraph (b)(i) of this section, less any sales commission authorized bylaw;
(iii) Annually account for and deliver to the division allunused, surplus or damaged registration decals, licenses or permits received bythe agent.
(c) In addition to any other penalty imposed by law, anyselling agent failing to comply with this section and other applicable lawshall not receive any sales commission authorized by law.
