36-8-103. Removal of plants or structures prohibited; exception.
Nounauthorized person shall, in any manner, remove any tree, shrub, plant,flower, or other attraction of nature within a state park, campground,recreational ground, historical landmark or historical site, nor shall anyperson disturb any structure therein except with the written permission of thestate agency having jurisdiction of the area.
36-8-104. Use of firearms, fireworks, explosives and weaponsprohibited; exceptions.
(a) The use of firearms, fireworks, explosives and weapons ofall kinds is prohibited in all state parks, campgrounds, recreational grounds,historic landmarks or historic sites providing, however, that:
(i) Firearms and weapons that otherwise comply with state lawmay be used at such times and in such places as the Wyoming game and fishcommission may designate; and
(ii) A supervised public fireworks display may be held in astate park that is not subject to an open fire ban if the fireworks operatorhas obtained both a special use permit from the superintendent of the park, pursuantto department rules and regulations, and a permit for the display pursuant toW.S. 35-10-203.
36-8-105. Penalty for violating W.S. 36-8-103 through 36-8-105.
Anyperson violating the provisions of this law shall be guilty of a misdemeanorand upon the conviction thereof shall be fined not more than one hundreddollars ($100.00). Each and every county and state law enforcement officer,game wardens, deputy game wardens of the Wyoming game and fish commission andthe director of the department of state parks and cultural resources shallenforce the provisions of this act.
36-8-106. Supervision of museums; legends and historical information.
(a) Unless otherwise provided by law, the department of stateparks and cultural resources shall in consultation with the commission,supervise and control any and all museums which are established in the stateparks, public recreational grounds, public campgrounds, historic landmarks orhistoric sites of Wyoming. All items, objects, furnishings and information inany such museum shall be prepared and arranged under the direction of thedepartment of state parks and cultural resources. All museum employees shall befurnished by and be under the direction of such department. The care,maintenance and upkeep of the interior of such museum and outside maintenanceof buildings and grounds shall be the responsibility of the department.
(b) All legends and historical information placed on anyhistoric landmark or historic site shall be prepared or approved by thedepartment. The department shall also provide all historical and interpretivematerial to be used both on the approaches to and at historic sites and landmarkswithin the state.
(c) Repealed by Laws 1990, ch. 44, 3.
36-8-107. Repealed by Laws 1990, ch. 44, 3.
ARTICLE 2 - WYOMING YELLOWSTONE PARK COMMISSION
36-8-201. Short title.
Thisact shall be known and may be cited as the "Wyoming Yellowstone ParkCommission Act".
36-8-202. Definitions.
(a) As used in this act, the following words and terms shallhave the following meanings, unless the context shall indicate another or differentmeaning or intent:
(i) The term "commission" shall mean the WyomingYellowstone Park commission, created by section 4 of this act, or, if saidcommission shall be abolished, the board, body or authority succeeding to theprincipal functions thereof or to whom the powers given by this act to thecommission shall be given by law;
(ii) "Recreational area and facilities" shall mean andembrace all of the area and facilities of the commission in YellowstoneNational Park constructed or acquired by lease, license, agreement or purchase,including but not limited to cabins, lodges, hotels, restaurants, commissaries,and any other revenue producing facilities in the recreational area;
(iii) "Project" shall be deemed to mean collectivelythe acquisition or leasing of the recreational area and facilities, theacquisition or the construction of any buildings or other works, together withany incidental approaches, structures, facilities and property reasonablynecessary and useful in order to provide new or improved recreationalfacilities in the recreational area;
(iv) The term "bonds" shall mean the bonds, notes,temporary bonds, interim receipts or other obligations issued by the commissionpursuant to this act;
(v) The term "revenues" shall mean all rates,rentals, admission fees, charges and other income derived from the operation ofthe project by the commission;
(vi) The term "cost" as applied to a project shallinclude, without being limited to, the cost of acquisition of the project, thecost of construction, the cost of acquisition, leasing or licensing of allland, rights-in-land, property rights, easements and interests by thecommission for such construction, the cost of demolishing or removing anybuildings or structures on land so acquired, leased or licensed, the cost ofall machinery and equipment, financing charges, interest prior to and duringconstruction and for a reasonable period thereafter, cost of estimates and ofengineering and legal expenses, plans, specifications, surveys, estimates ofcost and revenues, other expenses necessary or incident to determining thefeasibility or practicability of constructing and acquiring, leasing orlicensing the project, administrative expense, and such other expense as may benecessary or incident to the construction and acquisition of the project, thefinancing of such construction and acquisition and the placing of the projectin operation. Any moneys appropriated by the state for the purpose of thecommission and required to be reimbursed by it shall be considered as a part ofthe cost of the project and shall be reimbursed to the state out of theproceeds of the bonds issued for the project.
36-8-203. Creation; composition; qualification; appointment; terms andremoval of members; election of officers; quorum; compensation and expenses.
(a) There is created an agency and instrumentality of the stateto be known as the "Wyoming Yellowstone Park commission" and by thatname the commission may sue and be sued and plead and be impleaded. Theexercise by the commission of the powers conferred by this act [ 36-8-201through 36-8-238] is an essential governmental function of the state. However,the performance of such governmental functions shall not be construed torelieve the commission from liability for personal injuries or property damagesincurred by it through its negligence or the negligence of its servants oragents.
(b) The commission shall consist of five (5) members appointedby the governor, by and with the consent of the senate. The members shall beresidents of the state and qualified electors therein for a period of at leastone (1) year next preceding their appointment. The successor of each membershall be appointed for a term of five (5) years, except that any personappointed to fill a vacancy shall be appointed in accordance with W.S.28-12-101. Members are eligible for reappointment. The governor may removemembers of the commission as provided in W.S. 9-1-202.
(c) The commission shall elect one (1) of the members aschairman, another as vice-chairman and another as secretary and treasurer.Three (3) members of the commission constitute a quorum and the vote of three(3) members is necessary for any action taken by the commission. No vacancy inthe membership of the commission impairs the right of a quorum to exercise allthe rights and perform all the duties of the commission.
(d) The members of the commission 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 actual serviceand be reimbursed for their travel expense at the same rate applicable totravel expenses of other state officers. All expenses incurred in carrying outthe provisions of this act shall be payable solely from funds provided underthe authority of this act or otherwise previously appropriated to the commission,and no liability or obligation shall be incurred by the commission beyond theextent to which monies have been provided under the authority of this act orotherwise previously appropriated.
(e) Effective July 1, 1979, appointments and terms under this sectionshall be in accordance with W.S. 28-12-101 through 28-12-103.
36-8-204. Officers, agents and employees.
Thecommission may select and appoint such officers, agents and employees as it maydeem proper. All such officers, agents and employees shall have such powers andduties, shall hold office for such term and be subject to removal in suchmanner, and shall receive such compensation as the commission shall prescribeand determine.
36-8-205. General powers.
(a) The commission is hereby authorized and empowered:
(i) To adopt bylaws for the regulation of its affairs and theconduct of its business;
(ii) To adopt an official seal and alter the same at pleasure;
(iii) To maintain a principal office and suboffice at such placeor places within the state as it may designate;
(iv) To sue and be sued in its own name, plead and be impleaded;
(v) To acquire, lease, license, construct, improve, extend,reconstruct, maintain, repair and operate the project (as herein defined);
(vi) To borrow money, make and issue negotiable notes, bonds,refunding bonds, and other evidences of indebtedness or obligations (hereincalled "bonds") of the commission for any of its authorized purposes,and to secure the payment of such bonds, or any part thereof, by pledge of allor any of its revenues, and to make such agreements with the purchasers orholders of such bonds, or with others in connection with any such bonds,whether issued or to be issued, as the commission shall deem advisable, and ingeneral, to provide for the security for said bonds and the rights of theholders thereof;
(vii) To fix, alter, charge and collect rates, rentals, admissionfees and other charges for the use of the recreational area and facilities ofthe project and the services rendered in connection therewith at reasonable anduniform rates, to be determined exclusively by it, for the purpose of providingfor the payment of the expenses of the commission, the acquisition, leasing,licensing, construction, improvement, extension, reconstruction, maintenance,repair and operation of the project, the payment of the principal of andinterest on its bonds, and to fulfill the terms and provisions of any agreementsmade with the purchasers or holders of any of its bonds;
(viii) To acquire, purchase, hold, use, lease, license, sell,transfer and dispose of any franchise, property, real, personal or mixed,tangible or intangible, or any interest therein, necessary or desirable forcarrying out the purpose of the commission;
(ix) To make and enter into all contracts and agreementsnecessary or incident to the performance of its duties and the execution of itspowers and duties under this act, including contracts, agreements or leaseswith the United States of America, or any officer or agency thereof, relatingto the operation of the commission within the area of Yellowstone National Parkand containing such terms and conditions as the commission may deem necessaryor desirable, and to employ such management consultants, consulting engineers,attorneys, accountants, construction, appraisal and financial experts, and suchother experts, employees and agents as may be necessary in its judgment, and,subject to the provisions of this act, to fix their compensation;
(x) To accept gifts, grants, loans, contributions or subsidiesfrom the United States of America, the state, or any agency or instrumentalityof either of them, or any individual, person, firm or corporation, and toexpend the proceeds thereof for any purpose of the commission; and
(xi) To do all things necessary or convenient to carry out thepowers expressly granted in this act.
36-8-206. Exercise of powers.
Theexercise of the powers granted by this act will be in all respects for thebenefit of the people of the state, for the increase of their commerce andprosperity, and for the improvement of their health and living conditions, andas the operation and maintenance of the project by the commission willconstitute the performance of essential governmental functions the commissionshall not be required to pay any taxes or assessments upon any project or anyproperty acquired or used by the commission under the provision of this act orupon the income therefrom, and the bonds issued under the provisions of thisact, their transfer and the income therefrom, including any profit made on thesale thereof, shall at all times be free from taxation within the state.
36-8-207. Authority to maintain and operate program.
Inorder to maintain and operate a recreational area and facilities program inYellowstone National Park, the Wyoming Yellowstone Park commission(hereinbefore created) is hereby authorized and empowered to acquire, lease,license, improve, extend, reconstruct, maintain, repair and operate saidproject (as herein defined), and to issue revenue bonds of the commissionpayable solely from revenues and funds of the commission, to pay the cost ofthe project.
36-8-208. Consent of legislature necessary to execute contract.
Provided,however, that before the commission shall execute any contract for the purchaseor make any payment for the acquisition of Yellowstone Park recreational areasand facilities, the consent of the Wyoming state legislature shall be firstobtained by statute to be hereafter enacted, amending and reenacting this act.
36-8-209. Revolving account.
Thereis hereby appropriated and credited to a special revolving account to be set upin the state treasury, to be known as the "Wyoming Yellowstone Parkcommission revolving account", the sum of fifty thousand dollars($50,000.00). Moneys shall be released from said account to the commission forthe purpose of studying the feasibility of acquiring and leasing the projectand the retaining of necessary consulting engineers, financial consultants,attorneys, appraisers, and other services deemed necessary to complete thestudy of the project and to determine its feasibility from an economic andfinancial standpoint. Any sums so advanced out of said revolving account forsuch purposes shall be repaid to said account without interest to the extent ofsuch advance upon the sale of bonds for the project and the amount of anyadvances from said account shall be included as a part of the cost of theproject.
36-8-210. Repealed By Laws 1999, ch. 149, 1.
36-8-211. Construction of provisions.
Thisact, being necessary for the welfare of the state and its habitants, shall beliberally construed to effect the purposes thereof.
36-8-230. Authority to issue; terms.
(a) The commission shall be empowered and is hereby authorizedfrom time to time to issue its negotiable bonds for any of its public purposes,including the payment of the cost of the project and incidental expenses inconnection therewith, and to secure the payment of the same by a lien or pledgecovering all or part of its contracts or revenues. The commission shall havepower from time to time whenever it deems refunding expedient, to refund anybonds by the issuance of new bonds, whether the bonds to be refunded have orhave not matured, and may issue bonds partly to refund bonds then outstandingand partly for any of its additional public purposes. The bonds shall beauthorized by resolution of the commission and shall bear such date or dates,mature at such time or times, bear interest at such rate or rates payable atsuch times as may be determined by the commission, and may be made redeemablebefore maturity, at the option of the commission, at such price or prices andunder such terms and conditions as may be fixed by the commission prior to theissuance of the bonds. The commission shall determine the form of the bonds,including any interest coupons to be attached thereto, and shall fix thedenomination or denominations of the bonds and place or places of payment ofprincipal and interest, which may be at any bank or trust company within orwithout the state. The bonds shall be signed by the chairman or vice-chairmanof the commission or by their facsimile signature, and the official seal of thecommission shall be affixed thereto or reproduced thereon and attested by thesecretary and treasurer of the commission, and any coupons attached thereto shallbear the facsimile signature of the chairman or vice-chairman of thecommission. In case any officer whose signature or facsimile of whose signatureshall appear on any bonds or coupons shall cease to be such officer before thedelivery of such bonds, such signature or such facsimile shall nevertheless bevalid and sufficient for all purposes the same as if he had remained in officeuntil such delivery. All bonds issued under the provisions of this act shallhave and are hereby declared to have all the qualities and incidents ofnegotiable instruments under the negotiable instruments law of the state. Thebonds may be issued in coupon or in registered form, or both, as the commissionmay determine, and provision may be made for the registration of any couponbonds as to principal alone and also as to both principal and interest, and forthe reconversion into coupon bonds of any bonds registered as to both principaland interest. The commission may sell such bonds in such manner and for suchprice as it may determine to be for the best interests of the commission.
(b) Prior to the preparation of definitive bonds, thecommission may under like restrictions, issue interim receipts or temporarybonds, with or without coupons, exchangeable for definitive bonds when suchbonds shall have been executed and are available for delivery. The commissionmay also provide for the replacement of any bonds which shall become mutilatedor shall be destroyed or lost.
(c) Any resolution or resolutions authorizing any bonds or anyissue of bonds may contain provisions, which shall be a part of the contractwith the holders of the bonds thereby authorized, as to:
(i) Pledging all or any part of the moneys, earnings, incomeand revenues derived from the project of the commission to secure the paymentof the bonds or of any issue of the bonds subject to such agreements withbondholders as may then exist;
(ii) The rates, rentals, admission fees and other charges to befixed and collected and the amounts to be raised in each year thereby, and theuse and disposition of the earnings and other revenues;
(iii) The setting aside of reserves and the creation of sinkingfunds and the regulation and disposition thereof;
(iv) Limitations on the right of the commission to restrict andregulate the use of the project;
(v) Limitations in the purposes to which and the manner inwhich the proceeds of sale of any issue of bonds may be applied;
(vi) Limitations on the issuance of additional bonds, the termsupon which additional bonds may be issued and secured; the refunding ofoutstanding or other bonds;
(vii) The procedure, if any, by which the terms of any contractwith bondholders may be amended or abrogated, the amount of bonds the holdersof which must consent thereto, and the manner in which such consent may begiven;
(viii) The creation of special funds into which any earnings orrevenues of the commission may be deposited;
(ix) The terms and provisions of any trust indenture securingthe bonds or under which bonds may be issued;
(x) Vesting in a trustee or trustees such properties, rights,powers and duties in trust as the commission may determine;
(xi) Defining the acts or omissions to act which shallconstitute a default in the obligations and duties of the commission to thebondholders and providing the rights and remedies of the bondholders in theevent of such default, including as a matter of right the appointment of areceiver, provided, however, that such rights and remedies shall not beinconsistent with the general laws of this state and other provisions of thisact;
(xii) Limitations on the power of the commission to sell orotherwise dispose of the project, or any part thereof;
(xiii) Any other matters, of like or different character which inany way affect the security or protection of the bonds;
(xiv) Limitations on the amount of moneys derived from theproject to be expended for operating, administrative or other expenses of thecommission;
(xv) The protection and enforcement of the rights and remediesof the bondholders;
(xvi) The obligations of the commission in relation to theacquisition, leasing, licensing, construction, maintenance, operation, repairsand insurance of the project, the safeguarding and application, of all moneysand as to the requirements for the supervision, managements, and approval ofconsulting engineers and others in connection with construction, reconstructionand operation;
(xvii) The payment of the proceeds of bonds and revenues of theproject to a trustee or other depository, and for the method of disbursementthereof with such safeguards and restrictions as the commission may determine.
(d) It is the intention of the legislature that any pledge ofearnings, revenues or other moneys made by the commission shall be valid andbinding from the time when the pledge is made; that the earnings, revenues orother moneys so pledged and thereafter received by the commission shallimmediately be subject to the lien of such pledge without any physical deliverythereof or further act, and that the lien of any such pledge shall be valid andbinding as against all parties having claims of any kind in tort, contract orotherwise against the commission irrespective of whether such parties havenotice thereof. Neither the resolution nor any other instrument by which apledge is created need be recorded.
(e) Neither the members of the commission nor any personexecuting the bonds or other obligations shall be liable personally on thebonds or other obligations or be subject to any personal liability oraccountability by reason of the issuance thereof.
(f) Notwithstanding any other provision of this act, any resolutionor resolutions authorizing bonds of the commission shall contain a covenant bythe commission that it will at all times maintain rates, admission fees,rentals, and other charges sufficient to pay the cost of operation andmaintenance of the project, the principal of and interest on any bonds issuedpursuant to such resolution or resolutions as the same severally become due andpayable, and to maintain any reserves or other funds required by the terms ofsuch resolution or resolutions.
36-8-231. Trust agreements generally.
Inthe discretion of the commission any bonds issued under the provisions of thisact may be secured by a trust agreement by and between the commission and acorporate trustee, which may be any trust company or bank having the powers ofa trust company within or without the state. Any such trust agreement maypledge or assign the revenues to be received, but shall not convey or mortgagethe project or any part thereof. Any such trust agreement or any resolutionproviding for the issuance of such bonds may contain such provisions forprotecting and enforcing the rights and remedies of the bondholders as may bereasonable and proper and not in violation of law, including covenants settingforth the duties of the commission in relation to the acquisition, leasing orlicensing of property and the construction, improvement, maintenance, repair,operation and insurance of the project, the rates, admission fees, charges andrentals to be charged, and the custody, safeguarding and application of allmoneys, and provision for the employment of managers, and consulting engineersin connection with the construction or operation of the project. It shall belawful for any bank or trust company incorporated under the laws of the statewhich may act as depository of the proceeds of bonds or of revenues to furnishsuch indemnifying bonds or to pledge such securities as may be required by thecommission. Any such trust agreement may set forth the rights and remedies ofthe bondholders and of trusts, and may restrict the individual right of actionof bondholders as is customary in trust agreements or trust indentures securingbonds or debentures of corporations. In addition to the foregoing, any suchtrust agreement may contain such other provisions as the commission may deemreasonable and proper for the security of the bondholders. All expensesincurred in carrying out the provisions of such trust agreement may be treatedas a part of the cost of the operation of the project.
36-8-232. Rights of bondholders and trustees.
Anyholder of bonds issued under the provisions of this act or any of the couponsappertaining thereto, and the trustee under any trust agreement, except to theextent the rights herein given may be restricted by such trust agreement or theresolution authorizing the issuance of such bonds, may, either at law or inequity, by suit, action, mandamus or other proceedings, protect and enforce anyand all rights under the laws of the state or granted hereunder or under suchtrust agreement or the resolution authorizing the issuance of such bonds, andmay enforce and compel the performance of all duties required by this act or bysuch trust agreement or resolution to be performed by the commission or by anyofficer thereof, including the fixing, charging and collecting of rates,admission fees, rentals or other charges.
36-8-233. Bonds and expenses not to be indebtedness of state orpolitical subdivisions.
(a) The bonds issued under the provisions of this act shall notbe deemed to constitute a debt of the state or of any political subdivisionthereof or a pledge of the faith and credit of the state or of any suchpolitical subdivision, but such bonds shall be payable solely from the fundspledged for their payment as authorized herein, unless such bonds are redeemedfrom the proceeds of the sale of refunding bonds or cancelled by refundingbonds issued in lieu thereof, issued under the provisions of this act, whichrefunding bonds shall be payable solely from funds pledged for their payment asauthorized herein. All such revenue bonds shall contain on the face thereof astatement to the effect that neither the state nor the commission shall beobligated to pay the same or the interest thereon except from the revenues andfunds of the commission, and that neither the faith and credit nor the taxingpower of the state or any political subdivision thereof is pledged or may bepledged, to the payment of the principal of or interest on such bonds.
(b) All expenses incurred in carrying out the provisions ofthis act shall be payable solely from funds provided under the authority ofthis act, and nothing in this act contained shall be construed to authorize thecommission to incur indebtedness or liability on behalf of or payable by the stateor any political subdivision thereof.
36-8-234. Bonds deemed legal investments and deposits.
Bondsissued by the commission under the provisions of this act are hereby madesecurities in which the state and all public officers, municipal corporations,political subdivisions and public bodies, all banks, bankers, trust companies,trust and loan associations, investment companies and others carrying on abanking business, all insurance companies and insurance associations and otherscarrying on an insurance business, and all administrators, executors,guardians, trustees and other fiduciaries may properly and legally invest anyfunds, including capital belonging to them or within their control. The bondsare also hereby made securities which may be deposited with and may be receivedby all public officers and bodies of this state and all municipalities andpolitical subdivisions for any purpose for which the deposit of bonds or otherobligations is now or may hereafter be authorized.
36-8-235. Pledge by state to bondholders.
Thestate of Wyoming does pledge to and agrees with the holders of the bonds issuedpursuant to this act that the state will not limit or alter the rights hereinvested in the commission to acquire, lease, license, construct, improve,extend, reconstruct, maintain, repair and operate the project, to establish andcollect the revenues, rates, rentals, admission fees and other charges referredto in this act and to fulfill the terms of any agreements made with the holdersof the bonds, or in any way impair the rights and remedies of such bondholders,until the bonds together with interest thereon, interests on any unpaidinstallments of interest, and all costs and expenses in connection with anyaction or proceedings by or on behalf of the bondholders are fully met anddischarged.
36-8-236. Moneys deemed trust funds.
Allmoneys received pursuant to the authority of this act, whether as proceeds fromthe sale of bonds or as revenues, shall be deemed to be trust funds, to be heldand applied solely as provided in this act. The resolution authorizing thebonds of any issue or the trust agreement securing such bonds shall providethat any officer to whom, or any bank or trust company to which, such moneysshall be paid shall act as trustee of such moneys and shall hold and apply thesame for the purposes hereof, subject to such regulations as this act and suchresolution or trust agreement may provide.
36-8-237. Statutory authority for issuance of bonds and fixing ofcharges.
(a) This act without reference to other statutes of the stateof Wyoming shall constitute full authority for the authorization and issuanceof bonds hereunder, and no other act or law with regard to the authorization orissuance of bonds or other obligations or the deposit of the proceeds thereof,or in any way impeding or restricting the carrying out of the acts hereinauthorized to be done shall be construed as applying to any proceedingshereunder or acts done pursuant hereto, and the bonds may be issued under theprovisions of this act without obtaining the consent of any department,division, commission, board, bureau, agency or officer of the state.
(b) This act without reference to other statutes of the stateof Wyoming shall constitute full authority for the fixing, altering, chargingand collection by the commission of rates, fees, rentals and other charges forthe use of the recreational areas and facilities of the project and theservices rendered in connection therewith at reasonable and uniform rates, tobe determined exclusively by the commission, and the commission shall havepower and authority to fix, alter, charge and collect such rates, fees, rentalsand other charges without obtaining the consent or approval of any department,division, commission, board, bureau, agency or officer of the state.
36-8-238. Existing statutory powers.
Theforegoing sections of this act shall be deemed to provide an additional andalternative method for the doing of the things authorized thereby, and shall beregarded as supplemental and additional to powers conferred by other laws, andshall not be regarded as in derogation of any power now existing except as inthis act specifically provided; provided, however, that the issuance of revenuebonds or revenue refunding bonds under the provisions of this act need notcomply with the requirements of any other law applicable to the issuance ofbonds.
ARTICLE 3 - HOT SPRINGS STATE PARK
36-8-301. Acceptance of Big Horn Hot Springs.
Thestate of Wyoming hereby accepts the lands granted by the act of congress of1897 ceding to the state one (1) square mile in the northeast portion of theShoshone Indian Reservation upon which is located the Big Horn Hot Springs andassents to all of the provisions of said act ceding the same.
36-8-302. Name of park.
Fromand after the passage of this act, the land managed by the department as ofJuly 1, 2010 in the northeast portion of the Shoshone Indian Reservation, uponwhich is located the Big Horn Hot Springs, is hereby declared to be and shallhereafter be known as the "Hot Springs State Park". The departmentshall by rule specify the legal description of the state park.
36-8-303. Disposition of monies received.
Exceptas otherwise provided in this section, any and all monies which may be receivedfor rentals of said lands or waters, or any portion thereof, or for the use ofsaid water in any form or any portion thereof, and all money in any way derivedfrom said state lands shall be paid into the state treasury as other moniesbelonging to the state and shall be credited by the state treasurer to thegeneral fund. Funds received pursuant to W.S. 36-4-110 from state outdoorrecreation areas or facilities on such lands shall be deposited and expended inaccordance with W.S. 36-4-121(h).
36-8-304. Public baths and public campgrounds.
Thedepartment of state parks and cultural resources shall retain one-fourth (1/4)of the water in the main or largest principal spring on the state land on theeastern bank of the Big Horn River with sufficient quantity of the landadjacent thereto, upon which suitable bathhouses may be constructed, whichshall be open, with preference of use given free to persons who are indigent andsuffering from ailments for which bathing in the waters of the Big Horn HotSprings will afford relief. The department may make necessary rules andregulations governing free baths, the manner and time of bathing, and mayrequire medical examination of applicants for baths. The bathhouse shall remainopen not less than ten (10) hours a day each weekday and not less than six (6)hours on Sundays and holidays. The rules shall meet the minimum requirements ofrules adopted by the department of agriculture governing public pools andspas. The department, in consultation with the commission, may set apart asuitable location and portion of the lands for public camping purposes but maycontract for operation of any campgrounds by competitive sealed bid. Should thedepartment, in consultation with the commission, operate any campground withinHot Springs State Park, the charges per night shall not be less than one-half(1/2) of the average charges imposed by private campground operators within afive (5) mile radius of the Hot Springs State Park. The balance of the waterand lands may be leased by the department, in consultation with the commission,for a term not less than five (5) years nor longer than ninety-nine (99) years.The length of the term of each individual lease shall be determined by thedepartment, in consultation with the commission, in accordance with the valueof the improvements proposed and actually placed upon the leasehold. Thedepartment may by rule provide for special use permits for limited purposes.The department may make rules and regulations with respect to the erection ofbuildings and improvements upon the individual leaseholds and may prescribe theplans and specifications of, and the materials to be used in the buildings tobe erected. The department, in consultation with the commission, in any leasemay provide for such plans and buildings and such use thereof as will bestcarry out the purposes of this chapter in retaining the lands and watersthereon for the treatment and cure of diseases and the pleasure of the generalpublic. The department, in consultation with the commission, may conductthrough pipes or otherwise any portion of the waters of the hot springsreserved for free use under this section and to provide baths and bathhousesfor the use of the water at such rental or rates as it prescribes.
36-8-305. Adjudication of water right for flow of Big Horn HotSprings.
Thelegislature of Wyoming, by enacting W.S. 36-8-304, appropriated and set asidefor the state of Wyoming, board of charities and reform, the total flow of theBig Horn Hot Springs at Thermopolis, Wyoming, which was estimated to have beenthirteen and one-tenth (13.1) cubic feet per second in 1896. That legislationwas intended to be and is hereby declared to have been an application for apermit to appropriate in behalf of the board of charities and reform the totalflow of Big Horn Hot Springs at Thermopolis, Wyoming, in compliance with W.S.41-4-501 through 41-4-506 and 41-4-517. The bathing, medicinal, irrigationuses, and the maintenance of flow of water over the terrace between the springsand the Big Horn River are all beneficial uses and are hereby declared to bebeneficial uses. The state board of control is directed to adjudicate a waterright in favor of the board of charities and reform, its successors andassignees, for the flow of the Big Horn Hot Springs at Thermopolis, Wyoming,with a priority date of February 17, 1899. The actual flow for adjudicatedpurposes shall be determined by the state board of control by establishedprocedure. Effective April 1, 1990, the department of commerce is designated assuccessor to the state board of charities and reform and the recreationcommission under this section. Effective July 1, 1999, the department of stateparks and cultural resources is designated as successor to the state board ofcharities and reform, the recreation commission and the department of commerceunder this section.
36-8-306. Transfer of lands to United States.
Wheneverin the judgment of the department, in consultation with the commission, theinterest of the state will be advanced by granting, conveying or deeding to theUnited States of America any tract or tracts of land within the Hot SpringsState Park not otherwise disposed of, as may be fit and proper or desirable bythe United States government, for the construction and maintenance of aveterans soldiers' hospital, sanitarium and recreation grounds, together withthe free use of the mineral hot waters of the springs of the Hot Springs StatePark, for the use of the United States of America in conducting the same, thedepartment, in consultation with the commission, shall notify the board of landcommissioners and the board may grant, convey and deed to the United States ofAmerica the designated lands. The president of the board of land commissionersand director are hereby authorized to make, execute and deliver all necessaryinstruments to complete such grants or conveyances.
36-8-307. Control of use of lands; transfer of control to the Wyomingdepartment of state parks and cultural resources.
(a) The lands granted by the act of congress approved on theseventh day of June, A.D. 1897, ceding to the state of Wyoming certain lands inthe northeastern portion of the Shoshone Indian Reservation upon which arelocated the Big Horn Hot Springs, are placed under control of the state boardof charities and reform or its successor and are forever set aside for thetreatment and care of diseases and for sanitary and charitable purposes.
(b) As provided by W.S. 36-4-122 the department of state parksand cultural resources is designated as successor to the state board ofcharities and reform and recreation commission under this article effectiveJuly 1, 1999.
36-8-308. Inspection for health purposes.
Thedepartment, in consultation with the commission, may call upon the statedepartment of health to inspect, examine and report fully upon the condition ofany and all hotels, sanitariums and buildings, and all places and localitieswithin the limits of the Big Horn Hot Springs state park and to enforce thehealth laws of the state and the applicable rules and regulations of thedepartment. The department may call upon the state department of agriculture toinspect, examine and report fully upon the condition of any and all bathhouseswithin the limits of the Big Horn Hot Springs state park and to enforce thehealth laws of the state and the applicable rules and regulations.
36-8-309. Rules and regulations; adoption, penalty for violation andcancellation of leases.
Thedepartment of state parks and cultural resources has full power, control andsupervision over the Big Horn Hot Springs State Park, located in Hot Springscounty, and all property thereon. The department may adopt rules andregulations for the government of the state park for the conservation of peaceand good order within the park, and for the preservation of the property of thestate therein, and of the property and people situated and residing or beingtherein, and to promote the well being of the people, and to declare whatconstitutes a nuisance within the state park. Any person who violates any ruleor regulation adopted and published by the department is guilty of amisdemeanor and shall be fined not less than five dollars ($5.00) and not morethan one hundred dollars ($100.00) or imprisoned for not more than six (6)months or both. Any offender convicted under this act may be permitted, in lieuof cash payment of a fine thus imposed, to work out the fine within the statepark, at the rate of five dollars ($5.00) an hour until the amount of the fineis satisfied. Any circuit judge in the fifth judicial district has jurisdictionof all offenses under this article. A defendant convicted under this articlehas a right to appeal to the district court as provided for appeals fromconvictions in circuit courts and municipal courts. If any lessee of the stateor of the department shall refuse to comply with the order, direction, rule orregulation of the department, or to obey any law of the state defining andpunishing nuisances the department may immediately cancel the lease.
36-8-310. Rules and regulations; publication and distribution.
Allrules and regulations adopted by the department of state parks and culturalresources for the government of the Big Horn Hot Springs State Park shall bepublished in pamphlet form and distributed to all officers and persons by lawentitled to receive them, and to all lessees upon the state park.
36-8-311. Superintendent.
Thedepartment of state parks and cultural resources may employ a superintendent ofthe Big Horn Hot Springs State Park who shall have charge of all the stateproperty at that park under the direction of the department.
36-8-312. Repealed by Laws 1993, ch. 69, 2.
36-8-313. Attendant for free bathhouse.
Thedepartment may employ an attendant at the free bathhouse of the Big Horn HotSprings whose duties shall be specified by the department.
36-8-314. Gambling prohibited; sale of alcoholic beverages regulated;violations.
Gamblingin any form is prohibited within the park. The sale of alcoholic liquor exceptfor medicinal purposes shall be subject to any terms, conditions, regulationsand license fees as the department in consultation with the commission maydetermine and prescribe in addition to any requirement for the procurement of alicense prescribed by law. Any violation of the provisions of this section orany term, condition or regulation prescribed by the department shall besufficient ground for the department to cancel the lease of any violator, whoshall be subject to expulsion from the state land in addition to any penaltyherein prescribed, or prescribed by the laws of Wyoming.
36-8-315. Penalty for public health violations.
Anyperson who maintains a filthy, unwholesome or offensive house, hotel,bathhouse, sanitarium, dwelling, stable, privy or privy vault, drainpipe orsewer, which is a menace to the public health, or who fails to comply with anyorder, rule, direction or regulation of the department of state parks andcultural resources, the state department of agriculture or the state departmentof health is guilty of a misdemeanor, and upon conviction shall be fined in anysum not exceeding seven hundred fifty dollars ($750.00) or imprisoned in thecounty jail for not more than six (6) months, or both.
36-8-316. Liability and penalty for livestock roaming at will.
Itshall be unlawful for any person, owner or custodian of any livestock to permitthe same to roam at will over, upon or across any portion of the lands owned bythe state in Hot Springs county and known as the Hot Springs State Reserve. Anyowner, drover or other person or persons in charge of loose animals orlivestock of any description who shall drive or trail the same upon, across orthrough any portion of said reserve, shall be liable for any and all damageresulting therefrom. Any person violating the provisions of this section shallbe guilty of a misdemeanor and upon conviction thereof shall be punished by afine of not less than ten dollars ($10.00) nor more than one hundred dollars($100.00). In addition to the foregoing penalty the owner of any such looseanimals or livestock shall be liable for any damage caused on said reserve byany such animals or livestock, and the superintendent of said reserve is herebyauthorized to seize and restrain at some suitable place any such animals orlivestock, and the state shall have a lien thereon for the amount of any fineimposed against the owner and for all damages and costs, including the care ofsuch loose animals or livestock, to be collected in a civil action to bebrought in the name of the state in any court of competent jurisdiction. Thejudgment awarding foreclosure of any such lien shall direct the sale of saidloose animals or livestock in the manner now provided by law for the sale ofpersonal property upon execution.
36-8-317. Repealed by Laws 1982, ch. 48, 3.
36-8-318. Bond issue to upgrade facilities; authority generally.
Thestate loan and investment board, with the advice and approval of the departmentof state parks and cultural resources, may issue its nonnegotiable debenturebonds in a total sum not in excess of two million dollars ($2,000,000.00) forthe purpose of and in order to improve and upgrade the business enterprises andguest accommodations at the "Hot Springs State Park", Thermopolis,Wyoming. The state loan and investment board is further authorized to negotiateand make loans to persons, firms and corporations of this state for suchpurpose. No loan shall exceed one million dollars ($1,000,000.00) to any one(1) person, firm or corporation. The interest to be charged shall not be lessthan six percent (6%) nor more than twelve percent (12%) per annum and the loanshall be for a term not to exceed thirty (30) years. No loan shall exceedseventy-five percent (75%) of the cost of any construction project.
36-8-319. Bond issue to upgrade facilities; investment by statetreasurer.
Thetreasurer of the state of Wyoming may, upon the request of the state loan andinvestment board, invest not to exceed the sum of two million dollars($2,000,000.00) of the permanent funds of the state of Wyoming in such nonnegotiabledebenture bonds.
36-8-320. Bond issue to upgrade facilities; regulation of loans.
Thedepartment of state parks and cultural resources, in consultation with thecommission, with the approval of the state loan and investment board, shallapprove the location, plans and specifications of loan applicants and makerules and regulations concerning the loans as it deems advisable, but all loansshall be secured by a mortgage or lien upon all the property of the project.
ARTICLE 4 - SARATOGA HOT SPRINGS STATE RESERVE
36-8-401. Purchase of hot springs; description of land.
Thestate board of charities and reform of the state of Wyoming is herebyauthorized, empowered and directed to purchase, take and secure the titlethereof in the name of the state of Wyoming and pay therefor, in the mannerhereinafter provided, the sum of fifty thousand dollars ($50,000.00) for thelands within which the Saratoga Hot Springs are situated and located, whichsaid lands are described as follows, to-wit: the northwest one-fourth; thenorth one-half of the southwest one-fourth, and the southwest one-fourth of thesouthwest one-fourth of section 13; the east one-half of the southwestone-fourth of section 12 and all that portion of the west one-half of thesouthwest one-fourth of section 12 not included in Caldwell Hot Springsaddition to the town of Saratoga, Carbon county, state of Wyoming; and all ofthe unsold lots in said addition to-wit: lots 2 to 11, both inclusive, of block2; blocks 3, 4, 5, 6, 7, and 8; lots 6, 8, 9 and 10 in block 9; lots 1, 3, 4,5, and 6 in block 14; lots 3, 4, 5, 6, 7, and 8 in block 15; (being 108 lots)all in township 17 north, range 84 west of the sixth principal meridian and insaid Carbon county, and subject only to the right-of-way heretofore granted tothe Saratoga & Encampment Railway Company, together with all the hotmedicinal and mineral springs therein contained and all improvements thereon;which said property is commonly known as the Saratoga Hot Springs and containsfour hundred twenty (420) acres more or less.
36-8-402. Control and use of property; transfer of control to theWyoming department of state parks and cultural resources.
(a) The property described in W.S. 36-8-401 is placed undercontrol of the state board of charities and reform or its successors andforever set aside for the treatment and care of diseases and for sanitary,charitable and such other purposes as determined by the board or itssuccessors.
(b) As provided by W.S. 36-4-122, the department of state parksand cultural resources is designated as successor to the state board ofcharities and reform, Wyoming recreation commission and the department ofcommerce under this article effective July 1, 1999.
36-8-403. Sale of lands and improvements; authority.
Notwithstanding any contrary provisionscontained in W.S. 36-8-401, 36-8-402, or in any other provision of law, thesale of the lands and improvements known as and included in the Saratoga HotSprings Reserve to any person, association of persons, firm or corporation,without restriction as to use or occupancy, is hereby authorized.
36-8-404. Sale of lands and improvements; conduct of sale.
Anysale of the lands and improvements referred to in W.S. 36-8-403 shall beconducted by the state board of land commissioners in the manner provided forthe sale of other state lands in W.S. 36-9-101, 36-9-102 and 36-9-104 through36-9-120, provided, however, that the board shall appoint three (3) qualifieddisinterested appraisers, not members of the board, to make an appraisal of thesaid properties, not more than ninety (90) days prior to the call for bids. Anysale so negotiated shall be for cash, and transfer of title shall be byquitclaim deed executed according to the rules of the state board of landcommissioners.
36-8-405. Lease of lands and improvements.
Thedepartment, in consultation with the commission, may lease the lands andimprovements referred to in W.S. 36-8-403 to any person, association, firm orcorporation for any lawful purpose, for any term not in excess of ninety-nine(99) years.
36-8-406. Repealed by Laws 1990, ch. 44, 3.
36-8-407. Repealed by Laws 1990, ch. 44, 3.
ARTICLE 5 - SOUTH PASS CITY STATE HISTORICAL SITE
36-8-501. South Pass City state historic site.
(a) Repealed By Laws 2010, Ch. 11, 3.
(b) Upon approval by the governor,the department of state parks and cultural resources may purchase in the nameof the state of Wyoming the following real property, unless the Carissa goldmine has created unacceptable economical environmental impacts as shown by thedepartment of environmental quality investigation and determined by thegovernor, in Fremont county containing approximately 312.41 acres which arehereby declared to be part of the South Pass City state historic site:
(i) In township 29 north, range 100 west, 6th p.m., SE1/4 SE1/4NE1/4, NE1/4 NE1/4 SE1/4 of section 20; lots 6, 7, 9, 16, 19 and 24 of section20; W1/2 SW1/4 NW1/4 of section 21; E1/2 SW1/4 NW1/4 of section 21; and W1/4SE1/4 NW1/4 of section 21.
(c) The lands in Fremont County managed by the department as ofJuly 1, 2010 as South Pass City are designated as the South Pass City statehistoric site. The department shall by rule specify the legal description ofthe historic site.
36-8-502. Corporate powers.
Exceptas herein limited the preserve shall have powers like a corporation as providedin the Wyoming Business Corporation Act and by law for nonprofit corporations.
ARTICLE 6 - GRANITE RESERVOIR, CRYSTAL RESERVOIR AND UPPERNORTH CROW RESERVOIR AREAS
36-8-601. Declaration of Curt Gowdy state park.
(a) The lands in Laramie and Albany counties managed by thedepartment as of July 1, 2010 at Granite Reservoir, Crystal Reservoir and UpperNorth Crow Reservoir areas known collectively as Curt Gowdy state park arehereby declared to be a state park. The department shall by rule specify thelegal description of the state park.
(i) Repealed By Laws 2010, Ch. 11, 3.
(ii) Repealed By Laws 2010, Ch. 11, 3.
(iii) Repealed By Laws 2010, Ch. 11, 3.
(iv) Repealed By Laws 2010, Ch. 11, 3.
(v) Repealed By Laws 2010, Ch. 11, 3.
(b) The state park shall be known as the Curt Gowdy state park.
36-8-602. Administration.
Thedepartment of state parks and cultural resources shall administer this area.
ARTICLE 7 - SINKS CANYON
36-8-701. Declaration of Sinks Canyon state park; disposal of land.
(a) The lands in Fremont County managed by the department as ofJuly 1, 2010 and known as Sinks Canyon are hereby declared to be a state park.The department shall by rule specify the legal description of the state park.
(b) These lands shall not be sold, leased or otherwise disposedof by any state agency without the approval of the legislature.
36-8-702. Administration.
Thedepartment of state parks and cultural resources and the Wyoming game and fishcommission shall jointly administer this area.
ARTICLE 8 - FORT FRED STEELE STATE PARK
36-8-801. Declaration of area as Fort Fred Steele state historic site;administration; safety facilities.
(a) The lands in Carbon county managed by the department as ofJuly 1, 2010 and known as the Fort Fred Steele area are hereby declared to be astate historic site. The department shall by rule specify the legaldescription of the site.
(i) Repealed By Laws 2010, Ch. 11, 3.
(ii) Repealed By Laws 2010, Ch. 11, 3.
(iii) Repealed By Laws 2010, Ch. 11, 3.
(b) The department of state parks and cultural resources shalladminister this area providing for the best possible state historic site, andit shall be the responsibility of the department to provide all reasonable andnecessary safety facilities made necessary by reason of the increased hazardsresulting from the establishing of a state park adjacent to, and on both sidesof, Union Pacific Railroad Company's main line right-of-way and tracks. Thesesafety facilities shall include, but are not limited to, such fencing of UnionPacific Railroad Company's main line right-of-way as is reasonably necessary toprevent access by the general public to such right-of-way; some type ofpedestrian walkway through the grade separation to provide pedestrian accessbetween the south and north sides of the site; and either the closing of theFort Steele grade crossing to the general public or the establishment at saidcrossing of grade crossing protection devices consisting of flasher lights andgates. The department is hereby authorized to enter int
36-8-103. Removal of plants or structures prohibited; exception.
Nounauthorized person shall, in any manner, remove any tree, shrub, plant,flower, or other attraction of nature within a state park, campground,recreational ground, historical landmark or historical site, nor shall anyperson disturb any structure therein except with the written permission of thestate agency having jurisdiction of the area.
36-8-104. Use of firearms, fireworks, explosives and weaponsprohibited; exceptions.
(a) The use of firearms, fireworks, explosives and weapons ofall kinds is prohibited in all state parks, campgrounds, recreational grounds,historic landmarks or historic sites providing, however, that:
(i) Firearms and weapons that otherwise comply with state lawmay be used at such times and in such places as the Wyoming game and fishcommission may designate; and
(ii) A supervised public fireworks display may be held in astate park that is not subject to an open fire ban if the fireworks operatorhas obtained both a special use permit from the superintendent of the park, pursuantto department rules and regulations, and a permit for the display pursuant toW.S. 35-10-203.
36-8-105. Penalty for violating W.S. 36-8-103 through 36-8-105.
Anyperson violating the provisions of this law shall be guilty of a misdemeanorand upon the conviction thereof shall be fined not more than one hundreddollars ($100.00). Each and every county and state law enforcement officer,game wardens, deputy game wardens of the Wyoming game and fish commission andthe director of the department of state parks and cultural resources shallenforce the provisions of this act.
36-8-106. Supervision of museums; legends and historical information.
(a) Unless otherwise provided by law, the department of stateparks and cultural resources shall in consultation with the commission,supervise and control any and all museums which are established in the stateparks, public recreational grounds, public campgrounds, historic landmarks orhistoric sites of Wyoming. All items, objects, furnishings and information inany such museum shall be prepared and arranged under the direction of thedepartment of state parks and cultural resources. All museum employees shall befurnished by and be under the direction of such department. The care,maintenance and upkeep of the interior of such museum and outside maintenanceof buildings and grounds shall be the responsibility of the department.
(b) All legends and historical information placed on anyhistoric landmark or historic site shall be prepared or approved by thedepartment. The department shall also provide all historical and interpretivematerial to be used both on the approaches to and at historic sites and landmarkswithin the state.
(c) Repealed by Laws 1990, ch. 44, 3.
36-8-107. Repealed by Laws 1990, ch. 44, 3.
ARTICLE 2 - WYOMING YELLOWSTONE PARK COMMISSION
36-8-201. Short title.
Thisact shall be known and may be cited as the "Wyoming Yellowstone ParkCommission Act".
36-8-202. Definitions.
(a) As used in this act, the following words and terms shallhave the following meanings, unless the context shall indicate another or differentmeaning or intent:
(i) The term "commission" shall mean the WyomingYellowstone Park commission, created by section 4 of this act, or, if saidcommission shall be abolished, the board, body or authority succeeding to theprincipal functions thereof or to whom the powers given by this act to thecommission shall be given by law;
(ii) "Recreational area and facilities" shall mean andembrace all of the area and facilities of the commission in YellowstoneNational Park constructed or acquired by lease, license, agreement or purchase,including but not limited to cabins, lodges, hotels, restaurants, commissaries,and any other revenue producing facilities in the recreational area;
(iii) "Project" shall be deemed to mean collectivelythe acquisition or leasing of the recreational area and facilities, theacquisition or the construction of any buildings or other works, together withany incidental approaches, structures, facilities and property reasonablynecessary and useful in order to provide new or improved recreationalfacilities in the recreational area;
(iv) The term "bonds" shall mean the bonds, notes,temporary bonds, interim receipts or other obligations issued by the commissionpursuant to this act;
(v) The term "revenues" shall mean all rates,rentals, admission fees, charges and other income derived from the operation ofthe project by the commission;
(vi) The term "cost" as applied to a project shallinclude, without being limited to, the cost of acquisition of the project, thecost of construction, the cost of acquisition, leasing or licensing of allland, rights-in-land, property rights, easements and interests by thecommission for such construction, the cost of demolishing or removing anybuildings or structures on land so acquired, leased or licensed, the cost ofall machinery and equipment, financing charges, interest prior to and duringconstruction and for a reasonable period thereafter, cost of estimates and ofengineering and legal expenses, plans, specifications, surveys, estimates ofcost and revenues, other expenses necessary or incident to determining thefeasibility or practicability of constructing and acquiring, leasing orlicensing the project, administrative expense, and such other expense as may benecessary or incident to the construction and acquisition of the project, thefinancing of such construction and acquisition and the placing of the projectin operation. Any moneys appropriated by the state for the purpose of thecommission and required to be reimbursed by it shall be considered as a part ofthe cost of the project and shall be reimbursed to the state out of theproceeds of the bonds issued for the project.
36-8-203. Creation; composition; qualification; appointment; terms andremoval of members; election of officers; quorum; compensation and expenses.
(a) There is created an agency and instrumentality of the stateto be known as the "Wyoming Yellowstone Park commission" and by thatname the commission may sue and be sued and plead and be impleaded. Theexercise by the commission of the powers conferred by this act [ 36-8-201through 36-8-238] is an essential governmental function of the state. However,the performance of such governmental functions shall not be construed torelieve the commission from liability for personal injuries or property damagesincurred by it through its negligence or the negligence of its servants oragents.
(b) The commission shall consist of five (5) members appointedby the governor, by and with the consent of the senate. The members shall beresidents of the state and qualified electors therein for a period of at leastone (1) year next preceding their appointment. The successor of each membershall be appointed for a term of five (5) years, except that any personappointed to fill a vacancy shall be appointed in accordance with W.S.28-12-101. Members are eligible for reappointment. The governor may removemembers of the commission as provided in W.S. 9-1-202.
(c) The commission shall elect one (1) of the members aschairman, another as vice-chairman and another as secretary and treasurer.Three (3) members of the commission constitute a quorum and the vote of three(3) members is necessary for any action taken by the commission. No vacancy inthe membership of the commission impairs the right of a quorum to exercise allthe rights and perform all the duties of the commission.
(d) The members of the commission 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 actual serviceand be reimbursed for their travel expense at the same rate applicable totravel expenses of other state officers. All expenses incurred in carrying outthe provisions of this act shall be payable solely from funds provided underthe authority of this act or otherwise previously appropriated to the commission,and no liability or obligation shall be incurred by the commission beyond theextent to which monies have been provided under the authority of this act orotherwise previously appropriated.
(e) Effective July 1, 1979, appointments and terms under this sectionshall be in accordance with W.S. 28-12-101 through 28-12-103.
36-8-204. Officers, agents and employees.
Thecommission may select and appoint such officers, agents and employees as it maydeem proper. All such officers, agents and employees shall have such powers andduties, shall hold office for such term and be subject to removal in suchmanner, and shall receive such compensation as the commission shall prescribeand determine.
36-8-205. General powers.
(a) The commission is hereby authorized and empowered:
(i) To adopt bylaws for the regulation of its affairs and theconduct of its business;
(ii) To adopt an official seal and alter the same at pleasure;
(iii) To maintain a principal office and suboffice at such placeor places within the state as it may designate;
(iv) To sue and be sued in its own name, plead and be impleaded;
(v) To acquire, lease, license, construct, improve, extend,reconstruct, maintain, repair and operate the project (as herein defined);
(vi) To borrow money, make and issue negotiable notes, bonds,refunding bonds, and other evidences of indebtedness or obligations (hereincalled "bonds") of the commission for any of its authorized purposes,and to secure the payment of such bonds, or any part thereof, by pledge of allor any of its revenues, and to make such agreements with the purchasers orholders of such bonds, or with others in connection with any such bonds,whether issued or to be issued, as the commission shall deem advisable, and ingeneral, to provide for the security for said bonds and the rights of theholders thereof;
(vii) To fix, alter, charge and collect rates, rentals, admissionfees and other charges for the use of the recreational area and facilities ofthe project and the services rendered in connection therewith at reasonable anduniform rates, to be determined exclusively by it, for the purpose of providingfor the payment of the expenses of the commission, the acquisition, leasing,licensing, construction, improvement, extension, reconstruction, maintenance,repair and operation of the project, the payment of the principal of andinterest on its bonds, and to fulfill the terms and provisions of any agreementsmade with the purchasers or holders of any of its bonds;
(viii) To acquire, purchase, hold, use, lease, license, sell,transfer and dispose of any franchise, property, real, personal or mixed,tangible or intangible, or any interest therein, necessary or desirable forcarrying out the purpose of the commission;
(ix) To make and enter into all contracts and agreementsnecessary or incident to the performance of its duties and the execution of itspowers and duties under this act, including contracts, agreements or leaseswith the United States of America, or any officer or agency thereof, relatingto the operation of the commission within the area of Yellowstone National Parkand containing such terms and conditions as the commission may deem necessaryor desirable, and to employ such management consultants, consulting engineers,attorneys, accountants, construction, appraisal and financial experts, and suchother experts, employees and agents as may be necessary in its judgment, and,subject to the provisions of this act, to fix their compensation;
(x) To accept gifts, grants, loans, contributions or subsidiesfrom the United States of America, the state, or any agency or instrumentalityof either of them, or any individual, person, firm or corporation, and toexpend the proceeds thereof for any purpose of the commission; and
(xi) To do all things necessary or convenient to carry out thepowers expressly granted in this act.
36-8-206. Exercise of powers.
Theexercise of the powers granted by this act will be in all respects for thebenefit of the people of the state, for the increase of their commerce andprosperity, and for the improvement of their health and living conditions, andas the operation and maintenance of the project by the commission willconstitute the performance of essential governmental functions the commissionshall not be required to pay any taxes or assessments upon any project or anyproperty acquired or used by the commission under the provision of this act orupon the income therefrom, and the bonds issued under the provisions of thisact, their transfer and the income therefrom, including any profit made on thesale thereof, shall at all times be free from taxation within the state.
36-8-207. Authority to maintain and operate program.
Inorder to maintain and operate a recreational area and facilities program inYellowstone National Park, the Wyoming Yellowstone Park commission(hereinbefore created) is hereby authorized and empowered to acquire, lease,license, improve, extend, reconstruct, maintain, repair and operate saidproject (as herein defined), and to issue revenue bonds of the commissionpayable solely from revenues and funds of the commission, to pay the cost ofthe project.
36-8-208. Consent of legislature necessary to execute contract.
Provided,however, that before the commission shall execute any contract for the purchaseor make any payment for the acquisition of Yellowstone Park recreational areasand facilities, the consent of the Wyoming state legislature shall be firstobtained by statute to be hereafter enacted, amending and reenacting this act.
36-8-209. Revolving account.
Thereis hereby appropriated and credited to a special revolving account to be set upin the state treasury, to be known as the "Wyoming Yellowstone Parkcommission revolving account", the sum of fifty thousand dollars($50,000.00). Moneys shall be released from said account to the commission forthe purpose of studying the feasibility of acquiring and leasing the projectand the retaining of necessary consulting engineers, financial consultants,attorneys, appraisers, and other services deemed necessary to complete thestudy of the project and to determine its feasibility from an economic andfinancial standpoint. Any sums so advanced out of said revolving account forsuch purposes shall be repaid to said account without interest to the extent ofsuch advance upon the sale of bonds for the project and the amount of anyadvances from said account shall be included as a part of the cost of theproject.
36-8-210. Repealed By Laws 1999, ch. 149, 1.
36-8-211. Construction of provisions.
Thisact, being necessary for the welfare of the state and its habitants, shall beliberally construed to effect the purposes thereof.
36-8-230. Authority to issue; terms.
(a) The commission shall be empowered and is hereby authorizedfrom time to time to issue its negotiable bonds for any of its public purposes,including the payment of the cost of the project and incidental expenses inconnection therewith, and to secure the payment of the same by a lien or pledgecovering all or part of its contracts or revenues. The commission shall havepower from time to time whenever it deems refunding expedient, to refund anybonds by the issuance of new bonds, whether the bonds to be refunded have orhave not matured, and may issue bonds partly to refund bonds then outstandingand partly for any of its additional public purposes. The bonds shall beauthorized by resolution of the commission and shall bear such date or dates,mature at such time or times, bear interest at such rate or rates payable atsuch times as may be determined by the commission, and may be made redeemablebefore maturity, at the option of the commission, at such price or prices andunder such terms and conditions as may be fixed by the commission prior to theissuance of the bonds. The commission shall determine the form of the bonds,including any interest coupons to be attached thereto, and shall fix thedenomination or denominations of the bonds and place or places of payment ofprincipal and interest, which may be at any bank or trust company within orwithout the state. The bonds shall be signed by the chairman or vice-chairmanof the commission or by their facsimile signature, and the official seal of thecommission shall be affixed thereto or reproduced thereon and attested by thesecretary and treasurer of the commission, and any coupons attached thereto shallbear the facsimile signature of the chairman or vice-chairman of thecommission. In case any officer whose signature or facsimile of whose signatureshall appear on any bonds or coupons shall cease to be such officer before thedelivery of such bonds, such signature or such facsimile shall nevertheless bevalid and sufficient for all purposes the same as if he had remained in officeuntil such delivery. All bonds issued under the provisions of this act shallhave and are hereby declared to have all the qualities and incidents ofnegotiable instruments under the negotiable instruments law of the state. Thebonds may be issued in coupon or in registered form, or both, as the commissionmay determine, and provision may be made for the registration of any couponbonds as to principal alone and also as to both principal and interest, and forthe reconversion into coupon bonds of any bonds registered as to both principaland interest. The commission may sell such bonds in such manner and for suchprice as it may determine to be for the best interests of the commission.
(b) Prior to the preparation of definitive bonds, thecommission may under like restrictions, issue interim receipts or temporarybonds, with or without coupons, exchangeable for definitive bonds when suchbonds shall have been executed and are available for delivery. The commissionmay also provide for the replacement of any bonds which shall become mutilatedor shall be destroyed or lost.
(c) Any resolution or resolutions authorizing any bonds or anyissue of bonds may contain provisions, which shall be a part of the contractwith the holders of the bonds thereby authorized, as to:
(i) Pledging all or any part of the moneys, earnings, incomeand revenues derived from the project of the commission to secure the paymentof the bonds or of any issue of the bonds subject to such agreements withbondholders as may then exist;
(ii) The rates, rentals, admission fees and other charges to befixed and collected and the amounts to be raised in each year thereby, and theuse and disposition of the earnings and other revenues;
(iii) The setting aside of reserves and the creation of sinkingfunds and the regulation and disposition thereof;
(iv) Limitations on the right of the commission to restrict andregulate the use of the project;
(v) Limitations in the purposes to which and the manner inwhich the proceeds of sale of any issue of bonds may be applied;
(vi) Limitations on the issuance of additional bonds, the termsupon which additional bonds may be issued and secured; the refunding ofoutstanding or other bonds;
(vii) The procedure, if any, by which the terms of any contractwith bondholders may be amended or abrogated, the amount of bonds the holdersof which must consent thereto, and the manner in which such consent may begiven;
(viii) The creation of special funds into which any earnings orrevenues of the commission may be deposited;
(ix) The terms and provisions of any trust indenture securingthe bonds or under which bonds may be issued;
(x) Vesting in a trustee or trustees such properties, rights,powers and duties in trust as the commission may determine;
(xi) Defining the acts or omissions to act which shallconstitute a default in the obligations and duties of the commission to thebondholders and providing the rights and remedies of the bondholders in theevent of such default, including as a matter of right the appointment of areceiver, provided, however, that such rights and remedies shall not beinconsistent with the general laws of this state and other provisions of thisact;
(xii) Limitations on the power of the commission to sell orotherwise dispose of the project, or any part thereof;
(xiii) Any other matters, of like or different character which inany way affect the security or protection of the bonds;
(xiv) Limitations on the amount of moneys derived from theproject to be expended for operating, administrative or other expenses of thecommission;
(xv) The protection and enforcement of the rights and remediesof the bondholders;
(xvi) The obligations of the commission in relation to theacquisition, leasing, licensing, construction, maintenance, operation, repairsand insurance of the project, the safeguarding and application, of all moneysand as to the requirements for the supervision, managements, and approval ofconsulting engineers and others in connection with construction, reconstructionand operation;
(xvii) The payment of the proceeds of bonds and revenues of theproject to a trustee or other depository, and for the method of disbursementthereof with such safeguards and restrictions as the commission may determine.
(d) It is the intention of the legislature that any pledge ofearnings, revenues or other moneys made by the commission shall be valid andbinding from the time when the pledge is made; that the earnings, revenues orother moneys so pledged and thereafter received by the commission shallimmediately be subject to the lien of such pledge without any physical deliverythereof or further act, and that the lien of any such pledge shall be valid andbinding as against all parties having claims of any kind in tort, contract orotherwise against the commission irrespective of whether such parties havenotice thereof. Neither the resolution nor any other instrument by which apledge is created need be recorded.
(e) Neither the members of the commission nor any personexecuting the bonds or other obligations shall be liable personally on thebonds or other obligations or be subject to any personal liability oraccountability by reason of the issuance thereof.
(f) Notwithstanding any other provision of this act, any resolutionor resolutions authorizing bonds of the commission shall contain a covenant bythe commission that it will at all times maintain rates, admission fees,rentals, and other charges sufficient to pay the cost of operation andmaintenance of the project, the principal of and interest on any bonds issuedpursuant to such resolution or resolutions as the same severally become due andpayable, and to maintain any reserves or other funds required by the terms ofsuch resolution or resolutions.
36-8-231. Trust agreements generally.
Inthe discretion of the commission any bonds issued under the provisions of thisact may be secured by a trust agreement by and between the commission and acorporate trustee, which may be any trust company or bank having the powers ofa trust company within or without the state. Any such trust agreement maypledge or assign the revenues to be received, but shall not convey or mortgagethe project or any part thereof. Any such trust agreement or any resolutionproviding for the issuance of such bonds may contain such provisions forprotecting and enforcing the rights and remedies of the bondholders as may bereasonable and proper and not in violation of law, including covenants settingforth the duties of the commission in relation to the acquisition, leasing orlicensing of property and the construction, improvement, maintenance, repair,operation and insurance of the project, the rates, admission fees, charges andrentals to be charged, and the custody, safeguarding and application of allmoneys, and provision for the employment of managers, and consulting engineersin connection with the construction or operation of the project. It shall belawful for any bank or trust company incorporated under the laws of the statewhich may act as depository of the proceeds of bonds or of revenues to furnishsuch indemnifying bonds or to pledge such securities as may be required by thecommission. Any such trust agreement may set forth the rights and remedies ofthe bondholders and of trusts, and may restrict the individual right of actionof bondholders as is customary in trust agreements or trust indentures securingbonds or debentures of corporations. In addition to the foregoing, any suchtrust agreement may contain such other provisions as the commission may deemreasonable and proper for the security of the bondholders. All expensesincurred in carrying out the provisions of such trust agreement may be treatedas a part of the cost of the operation of the project.
36-8-232. Rights of bondholders and trustees.
Anyholder of bonds issued under the provisions of this act or any of the couponsappertaining thereto, and the trustee under any trust agreement, except to theextent the rights herein given may be restricted by such trust agreement or theresolution authorizing the issuance of such bonds, may, either at law or inequity, by suit, action, mandamus or other proceedings, protect and enforce anyand all rights under the laws of the state or granted hereunder or under suchtrust agreement or the resolution authorizing the issuance of such bonds, andmay enforce and compel the performance of all duties required by this act or bysuch trust agreement or resolution to be performed by the commission or by anyofficer thereof, including the fixing, charging and collecting of rates,admission fees, rentals or other charges.
36-8-233. Bonds and expenses not to be indebtedness of state orpolitical subdivisions.
(a) The bonds issued under the provisions of this act shall notbe deemed to constitute a debt of the state or of any political subdivisionthereof or a pledge of the faith and credit of the state or of any suchpolitical subdivision, but such bonds shall be payable solely from the fundspledged for their payment as authorized herein, unless such bonds are redeemedfrom the proceeds of the sale of refunding bonds or cancelled by refundingbonds issued in lieu thereof, issued under the provisions of this act, whichrefunding bonds shall be payable solely from funds pledged for their payment asauthorized herein. All such revenue bonds shall contain on the face thereof astatement to the effect that neither the state nor the commission shall beobligated to pay the same or the interest thereon except from the revenues andfunds of the commission, and that neither the faith and credit nor the taxingpower of the state or any political subdivision thereof is pledged or may bepledged, to the payment of the principal of or interest on such bonds.
(b) All expenses incurred in carrying out the provisions ofthis act shall be payable solely from funds provided under the authority ofthis act, and nothing in this act contained shall be construed to authorize thecommission to incur indebtedness or liability on behalf of or payable by the stateor any political subdivision thereof.
36-8-234. Bonds deemed legal investments and deposits.
Bondsissued by the commission under the provisions of this act are hereby madesecurities in which the state and all public officers, municipal corporations,political subdivisions and public bodies, all banks, bankers, trust companies,trust and loan associations, investment companies and others carrying on abanking business, all insurance companies and insurance associations and otherscarrying on an insurance business, and all administrators, executors,guardians, trustees and other fiduciaries may properly and legally invest anyfunds, including capital belonging to them or within their control. The bondsare also hereby made securities which may be deposited with and may be receivedby all public officers and bodies of this state and all municipalities andpolitical subdivisions for any purpose for which the deposit of bonds or otherobligations is now or may hereafter be authorized.
36-8-235. Pledge by state to bondholders.
Thestate of Wyoming does pledge to and agrees with the holders of the bonds issuedpursuant to this act that the state will not limit or alter the rights hereinvested in the commission to acquire, lease, license, construct, improve,extend, reconstruct, maintain, repair and operate the project, to establish andcollect the revenues, rates, rentals, admission fees and other charges referredto in this act and to fulfill the terms of any agreements made with the holdersof the bonds, or in any way impair the rights and remedies of such bondholders,until the bonds together with interest thereon, interests on any unpaidinstallments of interest, and all costs and expenses in connection with anyaction or proceedings by or on behalf of the bondholders are fully met anddischarged.
36-8-236. Moneys deemed trust funds.
Allmoneys received pursuant to the authority of this act, whether as proceeds fromthe sale of bonds or as revenues, shall be deemed to be trust funds, to be heldand applied solely as provided in this act. The resolution authorizing thebonds of any issue or the trust agreement securing such bonds shall providethat any officer to whom, or any bank or trust company to which, such moneysshall be paid shall act as trustee of such moneys and shall hold and apply thesame for the purposes hereof, subject to such regulations as this act and suchresolution or trust agreement may provide.
36-8-237. Statutory authority for issuance of bonds and fixing ofcharges.
(a) This act without reference to other statutes of the stateof Wyoming shall constitute full authority for the authorization and issuanceof bonds hereunder, and no other act or law with regard to the authorization orissuance of bonds or other obligations or the deposit of the proceeds thereof,or in any way impeding or restricting the carrying out of the acts hereinauthorized to be done shall be construed as applying to any proceedingshereunder or acts done pursuant hereto, and the bonds may be issued under theprovisions of this act without obtaining the consent of any department,division, commission, board, bureau, agency or officer of the state.
(b) This act without reference to other statutes of the stateof Wyoming shall constitute full authority for the fixing, altering, chargingand collection by the commission of rates, fees, rentals and other charges forthe use of the recreational areas and facilities of the project and theservices rendered in connection therewith at reasonable and uniform rates, tobe determined exclusively by the commission, and the commission shall havepower and authority to fix, alter, charge and collect such rates, fees, rentalsand other charges without obtaining the consent or approval of any department,division, commission, board, bureau, agency or officer of the state.
36-8-238. Existing statutory powers.
Theforegoing sections of this act shall be deemed to provide an additional andalternative method for the doing of the things authorized thereby, and shall beregarded as supplemental and additional to powers conferred by other laws, andshall not be regarded as in derogation of any power now existing except as inthis act specifically provided; provided, however, that the issuance of revenuebonds or revenue refunding bonds under the provisions of this act need notcomply with the requirements of any other law applicable to the issuance ofbonds.
ARTICLE 3 - HOT SPRINGS STATE PARK
36-8-301. Acceptance of Big Horn Hot Springs.
Thestate of Wyoming hereby accepts the lands granted by the act of congress of1897 ceding to the state one (1) square mile in the northeast portion of theShoshone Indian Reservation upon which is located the Big Horn Hot Springs andassents to all of the provisions of said act ceding the same.
36-8-302. Name of park.
Fromand after the passage of this act, the land managed by the department as ofJuly 1, 2010 in the northeast portion of the Shoshone Indian Reservation, uponwhich is located the Big Horn Hot Springs, is hereby declared to be and shallhereafter be known as the "Hot Springs State Park". The departmentshall by rule specify the legal description of the state park.
36-8-303. Disposition of monies received.
Exceptas otherwise provided in this section, any and all monies which may be receivedfor rentals of said lands or waters, or any portion thereof, or for the use ofsaid water in any form or any portion thereof, and all money in any way derivedfrom said state lands shall be paid into the state treasury as other moniesbelonging to the state and shall be credited by the state treasurer to thegeneral fund. Funds received pursuant to W.S. 36-4-110 from state outdoorrecreation areas or facilities on such lands shall be deposited and expended inaccordance with W.S. 36-4-121(h).
36-8-304. Public baths and public campgrounds.
Thedepartment of state parks and cultural resources shall retain one-fourth (1/4)of the water in the main or largest principal spring on the state land on theeastern bank of the Big Horn River with sufficient quantity of the landadjacent thereto, upon which suitable bathhouses may be constructed, whichshall be open, with preference of use given free to persons who are indigent andsuffering from ailments for which bathing in the waters of the Big Horn HotSprings will afford relief. The department may make necessary rules andregulations governing free baths, the manner and time of bathing, and mayrequire medical examination of applicants for baths. The bathhouse shall remainopen not less than ten (10) hours a day each weekday and not less than six (6)hours on Sundays and holidays. The rules shall meet the minimum requirements ofrules adopted by the department of agriculture governing public pools andspas. The department, in consultation with the commission, may set apart asuitable location and portion of the lands for public camping purposes but maycontract for operation of any campgrounds by competitive sealed bid. Should thedepartment, in consultation with the commission, operate any campground withinHot Springs State Park, the charges per night shall not be less than one-half(1/2) of the average charges imposed by private campground operators within afive (5) mile radius of the Hot Springs State Park. The balance of the waterand lands may be leased by the department, in consultation with the commission,for a term not less than five (5) years nor longer than ninety-nine (99) years.The length of the term of each individual lease shall be determined by thedepartment, in consultation with the commission, in accordance with the valueof the improvements proposed and actually placed upon the leasehold. Thedepartment may by rule provide for special use permits for limited purposes.The department may make rules and regulations with respect to the erection ofbuildings and improvements upon the individual leaseholds and may prescribe theplans and specifications of, and the materials to be used in the buildings tobe erected. The department, in consultation with the commission, in any leasemay provide for such plans and buildings and such use thereof as will bestcarry out the purposes of this chapter in retaining the lands and watersthereon for the treatment and cure of diseases and the pleasure of the generalpublic. The department, in consultation with the commission, may conductthrough pipes or otherwise any portion of the waters of the hot springsreserved for free use under this section and to provide baths and bathhousesfor the use of the water at such rental or rates as it prescribes.
36-8-305. Adjudication of water right for flow of Big Horn HotSprings.
Thelegislature of Wyoming, by enacting W.S. 36-8-304, appropriated and set asidefor the state of Wyoming, board of charities and reform, the total flow of theBig Horn Hot Springs at Thermopolis, Wyoming, which was estimated to have beenthirteen and one-tenth (13.1) cubic feet per second in 1896. That legislationwas intended to be and is hereby declared to have been an application for apermit to appropriate in behalf of the board of charities and reform the totalflow of Big Horn Hot Springs at Thermopolis, Wyoming, in compliance with W.S.41-4-501 through 41-4-506 and 41-4-517. The bathing, medicinal, irrigationuses, and the maintenance of flow of water over the terrace between the springsand the Big Horn River are all beneficial uses and are hereby declared to bebeneficial uses. The state board of control is directed to adjudicate a waterright in favor of the board of charities and reform, its successors andassignees, for the flow of the Big Horn Hot Springs at Thermopolis, Wyoming,with a priority date of February 17, 1899. The actual flow for adjudicatedpurposes shall be determined by the state board of control by establishedprocedure. Effective April 1, 1990, the department of commerce is designated assuccessor to the state board of charities and reform and the recreationcommission under this section. Effective July 1, 1999, the department of stateparks and cultural resources is designated as successor to the state board ofcharities and reform, the recreation commission and the department of commerceunder this section.
36-8-306. Transfer of lands to United States.
Wheneverin the judgment of the department, in consultation with the commission, theinterest of the state will be advanced by granting, conveying or deeding to theUnited States of America any tract or tracts of land within the Hot SpringsState Park not otherwise disposed of, as may be fit and proper or desirable bythe United States government, for the construction and maintenance of aveterans soldiers' hospital, sanitarium and recreation grounds, together withthe free use of the mineral hot waters of the springs of the Hot Springs StatePark, for the use of the United States of America in conducting the same, thedepartment, in consultation with the commission, shall notify the board of landcommissioners and the board may grant, convey and deed to the United States ofAmerica the designated lands. The president of the board of land commissionersand director are hereby authorized to make, execute and deliver all necessaryinstruments to complete such grants or conveyances.
36-8-307. Control of use of lands; transfer of control to the Wyomingdepartment of state parks and cultural resources.
(a) The lands granted by the act of congress approved on theseventh day of June, A.D. 1897, ceding to the state of Wyoming certain lands inthe northeastern portion of the Shoshone Indian Reservation upon which arelocated the Big Horn Hot Springs, are placed under control of the state boardof charities and reform or its successor and are forever set aside for thetreatment and care of diseases and for sanitary and charitable purposes.
(b) As provided by W.S. 36-4-122 the department of state parksand cultural resources is designated as successor to the state board ofcharities and reform and recreation commission under this article effectiveJuly 1, 1999.
36-8-308. Inspection for health purposes.
Thedepartment, in consultation with the commission, may call upon the statedepartment of health to inspect, examine and report fully upon the condition ofany and all hotels, sanitariums and buildings, and all places and localitieswithin the limits of the Big Horn Hot Springs state park and to enforce thehealth laws of the state and the applicable rules and regulations of thedepartment. The department may call upon the state department of agriculture toinspect, examine and report fully upon the condition of any and all bathhouseswithin the limits of the Big Horn Hot Springs state park and to enforce thehealth laws of the state and the applicable rules and regulations.
36-8-309. Rules and regulations; adoption, penalty for violation andcancellation of leases.
Thedepartment of state parks and cultural resources has full power, control andsupervision over the Big Horn Hot Springs State Park, located in Hot Springscounty, and all property thereon. The department may adopt rules andregulations for the government of the state park for the conservation of peaceand good order within the park, and for the preservation of the property of thestate therein, and of the property and people situated and residing or beingtherein, and to promote the well being of the people, and to declare whatconstitutes a nuisance within the state park. Any person who violates any ruleor regulation adopted and published by the department is guilty of amisdemeanor and shall be fined not less than five dollars ($5.00) and not morethan one hundred dollars ($100.00) or imprisoned for not more than six (6)months or both. Any offender convicted under this act may be permitted, in lieuof cash payment of a fine thus imposed, to work out the fine within the statepark, at the rate of five dollars ($5.00) an hour until the amount of the fineis satisfied. Any circuit judge in the fifth judicial district has jurisdictionof all offenses under this article. A defendant convicted under this articlehas a right to appeal to the district court as provided for appeals fromconvictions in circuit courts and municipal courts. If any lessee of the stateor of the department shall refuse to comply with the order, direction, rule orregulation of the department, or to obey any law of the state defining andpunishing nuisances the department may immediately cancel the lease.
36-8-310. Rules and regulations; publication and distribution.
Allrules and regulations adopted by the department of state parks and culturalresources for the government of the Big Horn Hot Springs State Park shall bepublished in pamphlet form and distributed to all officers and persons by lawentitled to receive them, and to all lessees upon the state park.
36-8-311. Superintendent.
Thedepartment of state parks and cultural resources may employ a superintendent ofthe Big Horn Hot Springs State Park who shall have charge of all the stateproperty at that park under the direction of the department.
36-8-312. Repealed by Laws 1993, ch. 69, 2.
36-8-313. Attendant for free bathhouse.
Thedepartment may employ an attendant at the free bathhouse of the Big Horn HotSprings whose duties shall be specified by the department.
36-8-314. Gambling prohibited; sale of alcoholic beverages regulated;violations.
Gamblingin any form is prohibited within the park. The sale of alcoholic liquor exceptfor medicinal purposes shall be subject to any terms, conditions, regulationsand license fees as the department in consultation with the commission maydetermine and prescribe in addition to any requirement for the procurement of alicense prescribed by law. Any violation of the provisions of this section orany term, condition or regulation prescribed by the department shall besufficient ground for the department to cancel the lease of any violator, whoshall be subject to expulsion from the state land in addition to any penaltyherein prescribed, or prescribed by the laws of Wyoming.
36-8-315. Penalty for public health violations.
Anyperson who maintains a filthy, unwholesome or offensive house, hotel,bathhouse, sanitarium, dwelling, stable, privy or privy vault, drainpipe orsewer, which is a menace to the public health, or who fails to comply with anyorder, rule, direction or regulation of the department of state parks andcultural resources, the state department of agriculture or the state departmentof health is guilty of a misdemeanor, and upon conviction shall be fined in anysum not exceeding seven hundred fifty dollars ($750.00) or imprisoned in thecounty jail for not more than six (6) months, or both.
36-8-316. Liability and penalty for livestock roaming at will.
Itshall be unlawful for any person, owner or custodian of any livestock to permitthe same to roam at will over, upon or across any portion of the lands owned bythe state in Hot Springs county and known as the Hot Springs State Reserve. Anyowner, drover or other person or persons in charge of loose animals orlivestock of any description who shall drive or trail the same upon, across orthrough any portion of said reserve, shall be liable for any and all damageresulting therefrom. Any person violating the provisions of this section shallbe guilty of a misdemeanor and upon conviction thereof shall be punished by afine of not less than ten dollars ($10.00) nor more than one hundred dollars($100.00). In addition to the foregoing penalty the owner of any such looseanimals or livestock shall be liable for any damage caused on said reserve byany such animals or livestock, and the superintendent of said reserve is herebyauthorized to seize and restrain at some suitable place any such animals orlivestock, and the state shall have a lien thereon for the amount of any fineimposed against the owner and for all damages and costs, including the care ofsuch loose animals or livestock, to be collected in a civil action to bebrought in the name of the state in any court of competent jurisdiction. Thejudgment awarding foreclosure of any such lien shall direct the sale of saidloose animals or livestock in the manner now provided by law for the sale ofpersonal property upon execution.
36-8-317. Repealed by Laws 1982, ch. 48, 3.
36-8-318. Bond issue to upgrade facilities; authority generally.
Thestate loan and investment board, with the advice and approval of the departmentof state parks and cultural resources, may issue its nonnegotiable debenturebonds in a total sum not in excess of two million dollars ($2,000,000.00) forthe purpose of and in order to improve and upgrade the business enterprises andguest accommodations at the "Hot Springs State Park", Thermopolis,Wyoming. The state loan and investment board is further authorized to negotiateand make loans to persons, firms and corporations of this state for suchpurpose. No loan shall exceed one million dollars ($1,000,000.00) to any one(1) person, firm or corporation. The interest to be charged shall not be lessthan six percent (6%) nor more than twelve percent (12%) per annum and the loanshall be for a term not to exceed thirty (30) years. No loan shall exceedseventy-five percent (75%) of the cost of any construction project.
36-8-319. Bond issue to upgrade facilities; investment by statetreasurer.
Thetreasurer of the state of Wyoming may, upon the request of the state loan andinvestment board, invest not to exceed the sum of two million dollars($2,000,000.00) of the permanent funds of the state of Wyoming in such nonnegotiabledebenture bonds.
36-8-320. Bond issue to upgrade facilities; regulation of loans.
Thedepartment of state parks and cultural resources, in consultation with thecommission, with the approval of the state loan and investment board, shallapprove the location, plans and specifications of loan applicants and makerules and regulations concerning the loans as it deems advisable, but all loansshall be secured by a mortgage or lien upon all the property of the project.
ARTICLE 4 - SARATOGA HOT SPRINGS STATE RESERVE
36-8-401. Purchase of hot springs; description of land.
Thestate board of charities and reform of the state of Wyoming is herebyauthorized, empowered and directed to purchase, take and secure the titlethereof in the name of the state of Wyoming and pay therefor, in the mannerhereinafter provided, the sum of fifty thousand dollars ($50,000.00) for thelands within which the Saratoga Hot Springs are situated and located, whichsaid lands are described as follows, to-wit: the northwest one-fourth; thenorth one-half of the southwest one-fourth, and the southwest one-fourth of thesouthwest one-fourth of section 13; the east one-half of the southwestone-fourth of section 12 and all that portion of the west one-half of thesouthwest one-fourth of section 12 not included in Caldwell Hot Springsaddition to the town of Saratoga, Carbon county, state of Wyoming; and all ofthe unsold lots in said addition to-wit: lots 2 to 11, both inclusive, of block2; blocks 3, 4, 5, 6, 7, and 8; lots 6, 8, 9 and 10 in block 9; lots 1, 3, 4,5, and 6 in block 14; lots 3, 4, 5, 6, 7, and 8 in block 15; (being 108 lots)all in township 17 north, range 84 west of the sixth principal meridian and insaid Carbon county, and subject only to the right-of-way heretofore granted tothe Saratoga & Encampment Railway Company, together with all the hotmedicinal and mineral springs therein contained and all improvements thereon;which said property is commonly known as the Saratoga Hot Springs and containsfour hundred twenty (420) acres more or less.
36-8-402. Control and use of property; transfer of control to theWyoming department of state parks and cultural resources.
(a) The property described in W.S. 36-8-401 is placed undercontrol of the state board of charities and reform or its successors andforever set aside for the treatment and care of diseases and for sanitary,charitable and such other purposes as determined by the board or itssuccessors.
(b) As provided by W.S. 36-4-122, the department of state parksand cultural resources is designated as successor to the state board ofcharities and reform, Wyoming recreation commission and the department ofcommerce under this article effective July 1, 1999.
36-8-403. Sale of lands and improvements; authority.
Notwithstanding any contrary provisionscontained in W.S. 36-8-401, 36-8-402, or in any other provision of law, thesale of the lands and improvements known as and included in the Saratoga HotSprings Reserve to any person, association of persons, firm or corporation,without restriction as to use or occupancy, is hereby authorized.
36-8-404. Sale of lands and improvements; conduct of sale.
Anysale of the lands and improvements referred to in W.S. 36-8-403 shall beconducted by the state board of land commissioners in the manner provided forthe sale of other state lands in W.S. 36-9-101, 36-9-102 and 36-9-104 through36-9-120, provided, however, that the board shall appoint three (3) qualifieddisinterested appraisers, not members of the board, to make an appraisal of thesaid properties, not more than ninety (90) days prior to the call for bids. Anysale so negotiated shall be for cash, and transfer of title shall be byquitclaim deed executed according to the rules of the state board of landcommissioners.
36-8-405. Lease of lands and improvements.
Thedepartment, in consultation with the commission, may lease the lands andimprovements referred to in W.S. 36-8-403 to any person, association, firm orcorporation for any lawful purpose, for any term not in excess of ninety-nine(99) years.
36-8-406. Repealed by Laws 1990, ch. 44, 3.
36-8-407. Repealed by Laws 1990, ch. 44, 3.
ARTICLE 5 - SOUTH PASS CITY STATE HISTORICAL SITE
36-8-501. South Pass City state historic site.
(a) Repealed By Laws 2010, Ch. 11, 3.
(b) Upon approval by the governor,the department of state parks and cultural resources may purchase in the nameof the state of Wyoming the following real property, unless the Carissa goldmine has created unacceptable economical environmental impacts as shown by thedepartment of environmental quality investigation and determined by thegovernor, in Fremont county containing approximately 312.41 acres which arehereby declared to be part of the South Pass City state historic site:
(i) In township 29 north, range 100 west, 6th p.m., SE1/4 SE1/4NE1/4, NE1/4 NE1/4 SE1/4 of section 20; lots 6, 7, 9, 16, 19 and 24 of section20; W1/2 SW1/4 NW1/4 of section 21; E1/2 SW1/4 NW1/4 of section 21; and W1/4SE1/4 NW1/4 of section 21.
(c) The lands in Fremont County managed by the department as ofJuly 1, 2010 as South Pass City are designated as the South Pass City statehistoric site. The department shall by rule specify the legal description ofthe historic site.
36-8-502. Corporate powers.
Exceptas herein limited the preserve shall have powers like a corporation as providedin the Wyoming Business Corporation Act and by law for nonprofit corporations.
ARTICLE 6 - GRANITE RESERVOIR, CRYSTAL RESERVOIR AND UPPERNORTH CROW RESERVOIR AREAS
36-8-601. Declaration of Curt Gowdy state park.
(a) The lands in Laramie and Albany counties managed by thedepartment as of July 1, 2010 at Granite Reservoir, Crystal Reservoir and UpperNorth Crow Reservoir areas known collectively as Curt Gowdy state park arehereby declared to be a state park. The department shall by rule specify thelegal description of the state park.
(i) Repealed By Laws 2010, Ch. 11, 3.
(ii) Repealed By Laws 2010, Ch. 11, 3.
(iii) Repealed By Laws 2010, Ch. 11, 3.
(iv) Repealed By Laws 2010, Ch. 11, 3.
(v) Repealed By Laws 2010, Ch. 11, 3.
(b) The state park shall be known as the Curt Gowdy state park.
36-8-602. Administration.
Thedepartment of state parks and cultural resources shall administer this area.
ARTICLE 7 - SINKS CANYON
36-8-701. Declaration of Sinks Canyon state park; disposal of land.
(a) The lands in Fremont County managed by the department as ofJuly 1, 2010 and known as Sinks Canyon are hereby declared to be a state park.The department shall by rule specify the legal description of the state park.
(b) These lands shall not be sold, leased or otherwise disposedof by any state agency without the approval of the legislature.
36-8-702. Administration.
Thedepartment of state parks and cultural resources and the Wyoming game and fishcommission shall jointly administer this area.
ARTICLE 8 - FORT FRED STEELE STATE PARK
36-8-801. Declaration of area as Fort Fred Steele state historic site;administration; safety facilities.
(a) The lands in Carbon county managed by the department as ofJuly 1, 2010 and known as the Fort Fred Steele area are hereby declared to be astate historic site. The department shall by rule specify the legaldescription of the site.
(i) Repealed By Laws 2010, Ch. 11, 3.
(ii) Repealed By Laws 2010, Ch. 11, 3.
(iii) Repealed By Laws 2010, Ch. 11, 3.
(b) The department of state parks and cultural resources shalladminister this area providing for the best possible state historic site, andit shall be the responsibility of the department to provide all reasonable andnecessary safety facilities made necessary by reason of the increased hazardsresulting from the establishing of a state park adjacent to, and on both sidesof, Union Pacific Railroad Company's main line right-of-way and tracks. Thesesafety facilities shall include, but are not limited to, such fencing of UnionPacific Railroad Company's main line right-of-way as is reasonably necessary toprevent access by the general public to such right-of-way; some type ofpedestrian walkway through the grade separation to provide pedestrian accessbetween the south and north sides of the site; and either the closing of theFort Steele grade crossing to the general public or the establishment at saidcrossing of grade crossing protection devices consisting of flasher lights andgates. The department is hereby authorized to enter int
36-8-103. Removal of plants or structures prohibited; exception.
Nounauthorized person shall, in any manner, remove any tree, shrub, plant,flower, or other attraction of nature within a state park, campground,recreational ground, historical landmark or historical site, nor shall anyperson disturb any structure therein except with the written permission of thestate agency having jurisdiction of the area.
36-8-104. Use of firearms, fireworks, explosives and weaponsprohibited; exceptions.
(a) The use of firearms, fireworks, explosives and weapons ofall kinds is prohibited in all state parks, campgrounds, recreational grounds,historic landmarks or historic sites providing, however, that:
(i) Firearms and weapons that otherwise comply with state lawmay be used at such times and in such places as the Wyoming game and fishcommission may designate; and
(ii) A supervised public fireworks display may be held in astate park that is not subject to an open fire ban if the fireworks operatorhas obtained both a special use permit from the superintendent of the park, pursuantto department rules and regulations, and a permit for the display pursuant toW.S. 35-10-203.
36-8-105. Penalty for violating W.S. 36-8-103 through 36-8-105.
Anyperson violating the provisions of this law shall be guilty of a misdemeanorand upon the conviction thereof shall be fined not more than one hundreddollars ($100.00). Each and every county and state law enforcement officer,game wardens, deputy game wardens of the Wyoming game and fish commission andthe director of the department of state parks and cultural resources shallenforce the provisions of this act.
36-8-106. Supervision of museums; legends and historical information.
(a) Unless otherwise provided by law, the department of stateparks and cultural resources shall in consultation with the commission,supervise and control any and all museums which are established in the stateparks, public recreational grounds, public campgrounds, historic landmarks orhistoric sites of Wyoming. All items, objects, furnishings and information inany such museum shall be prepared and arranged under the direction of thedepartment of state parks and cultural resources. All museum employees shall befurnished by and be under the direction of such department. The care,maintenance and upkeep of the interior of such museum and outside maintenanceof buildings and grounds shall be the responsibility of the department.
(b) All legends and historical information placed on anyhistoric landmark or historic site shall be prepared or approved by thedepartment. The department shall also provide all historical and interpretivematerial to be used both on the approaches to and at historic sites and landmarkswithin the state.
(c) Repealed by Laws 1990, ch. 44, 3.
36-8-107. Repealed by Laws 1990, ch. 44, 3.
ARTICLE 2 - WYOMING YELLOWSTONE PARK COMMISSION
36-8-201. Short title.
Thisact shall be known and may be cited as the "Wyoming Yellowstone ParkCommission Act".
36-8-202. Definitions.
(a) As used in this act, the following words and terms shallhave the following meanings, unless the context shall indicate another or differentmeaning or intent:
(i) The term "commission" shall mean the WyomingYellowstone Park commission, created by section 4 of this act, or, if saidcommission shall be abolished, the board, body or authority succeeding to theprincipal functions thereof or to whom the powers given by this act to thecommission shall be given by law;
(ii) "Recreational area and facilities" shall mean andembrace all of the area and facilities of the commission in YellowstoneNational Park constructed or acquired by lease, license, agreement or purchase,including but not limited to cabins, lodges, hotels, restaurants, commissaries,and any other revenue producing facilities in the recreational area;
(iii) "Project" shall be deemed to mean collectivelythe acquisition or leasing of the recreational area and facilities, theacquisition or the construction of any buildings or other works, together withany incidental approaches, structures, facilities and property reasonablynecessary and useful in order to provide new or improved recreationalfacilities in the recreational area;
(iv) The term "bonds" shall mean the bonds, notes,temporary bonds, interim receipts or other obligations issued by the commissionpursuant to this act;
(v) The term "revenues" shall mean all rates,rentals, admission fees, charges and other income derived from the operation ofthe project by the commission;
(vi) The term "cost" as applied to a project shallinclude, without being limited to, the cost of acquisition of the project, thecost of construction, the cost of acquisition, leasing or licensing of allland, rights-in-land, property rights, easements and interests by thecommission for such construction, the cost of demolishing or removing anybuildings or structures on land so acquired, leased or licensed, the cost ofall machinery and equipment, financing charges, interest prior to and duringconstruction and for a reasonable period thereafter, cost of estimates and ofengineering and legal expenses, plans, specifications, surveys, estimates ofcost and revenues, other expenses necessary or incident to determining thefeasibility or practicability of constructing and acquiring, leasing orlicensing the project, administrative expense, and such other expense as may benecessary or incident to the construction and acquisition of the project, thefinancing of such construction and acquisition and the placing of the projectin operation. Any moneys appropriated by the state for the purpose of thecommission and required to be reimbursed by it shall be considered as a part ofthe cost of the project and shall be reimbursed to the state out of theproceeds of the bonds issued for the project.
36-8-203. Creation; composition; qualification; appointment; terms andremoval of members; election of officers; quorum; compensation and expenses.
(a) There is created an agency and instrumentality of the stateto be known as the "Wyoming Yellowstone Park commission" and by thatname the commission may sue and be sued and plead and be impleaded. Theexercise by the commission of the powers conferred by this act [ 36-8-201through 36-8-238] is an essential governmental function of the state. However,the performance of such governmental functions shall not be construed torelieve the commission from liability for personal injuries or property damagesincurred by it through its negligence or the negligence of its servants oragents.
(b) The commission shall consist of five (5) members appointedby the governor, by and with the consent of the senate. The members shall beresidents of the state and qualified electors therein for a period of at leastone (1) year next preceding their appointment. The successor of each membershall be appointed for a term of five (5) years, except that any personappointed to fill a vacancy shall be appointed in accordance with W.S.28-12-101. Members are eligible for reappointment. The governor may removemembers of the commission as provided in W.S. 9-1-202.
(c) The commission shall elect one (1) of the members aschairman, another as vice-chairman and another as secretary and treasurer.Three (3) members of the commission constitute a quorum and the vote of three(3) members is necessary for any action taken by the commission. No vacancy inthe membership of the commission impairs the right of a quorum to exercise allthe rights and perform all the duties of the commission.
(d) The members of the commission 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 actual serviceand be reimbursed for their travel expense at the same rate applicable totravel expenses of other state officers. All expenses incurred in carrying outthe provisions of this act shall be payable solely from funds provided underthe authority of this act or otherwise previously appropriated to the commission,and no liability or obligation shall be incurred by the commission beyond theextent to which monies have been provided under the authority of this act orotherwise previously appropriated.
(e) Effective July 1, 1979, appointments and terms under this sectionshall be in accordance with W.S. 28-12-101 through 28-12-103.
36-8-204. Officers, agents and employees.
Thecommission may select and appoint such officers, agents and employees as it maydeem proper. All such officers, agents and employees shall have such powers andduties, shall hold office for such term and be subject to removal in suchmanner, and shall receive such compensation as the commission shall prescribeand determine.
36-8-205. General powers.
(a) The commission is hereby authorized and empowered:
(i) To adopt bylaws for the regulation of its affairs and theconduct of its business;
(ii) To adopt an official seal and alter the same at pleasure;
(iii) To maintain a principal office and suboffice at such placeor places within the state as it may designate;
(iv) To sue and be sued in its own name, plead and be impleaded;
(v) To acquire, lease, license, construct, improve, extend,reconstruct, maintain, repair and operate the project (as herein defined);
(vi) To borrow money, make and issue negotiable notes, bonds,refunding bonds, and other evidences of indebtedness or obligations (hereincalled "bonds") of the commission for any of its authorized purposes,and to secure the payment of such bonds, or any part thereof, by pledge of allor any of its revenues, and to make such agreements with the purchasers orholders of such bonds, or with others in connection with any such bonds,whether issued or to be issued, as the commission shall deem advisable, and ingeneral, to provide for the security for said bonds and the rights of theholders thereof;
(vii) To fix, alter, charge and collect rates, rentals, admissionfees and other charges for the use of the recreational area and facilities ofthe project and the services rendered in connection therewith at reasonable anduniform rates, to be determined exclusively by it, for the purpose of providingfor the payment of the expenses of the commission, the acquisition, leasing,licensing, construction, improvement, extension, reconstruction, maintenance,repair and operation of the project, the payment of the principal of andinterest on its bonds, and to fulfill the terms and provisions of any agreementsmade with the purchasers or holders of any of its bonds;
(viii) To acquire, purchase, hold, use, lease, license, sell,transfer and dispose of any franchise, property, real, personal or mixed,tangible or intangible, or any interest therein, necessary or desirable forcarrying out the purpose of the commission;
(ix) To make and enter into all contracts and agreementsnecessary or incident to the performance of its duties and the execution of itspowers and duties under this act, including contracts, agreements or leaseswith the United States of America, or any officer or agency thereof, relatingto the operation of the commission within the area of Yellowstone National Parkand containing such terms and conditions as the commission may deem necessaryor desirable, and to employ such management consultants, consulting engineers,attorneys, accountants, construction, appraisal and financial experts, and suchother experts, employees and agents as may be necessary in its judgment, and,subject to the provisions of this act, to fix their compensation;
(x) To accept gifts, grants, loans, contributions or subsidiesfrom the United States of America, the state, or any agency or instrumentalityof either of them, or any individual, person, firm or corporation, and toexpend the proceeds thereof for any purpose of the commission; and
(xi) To do all things necessary or convenient to carry out thepowers expressly granted in this act.
36-8-206. Exercise of powers.
Theexercise of the powers granted by this act will be in all respects for thebenefit of the people of the state, for the increase of their commerce andprosperity, and for the improvement of their health and living conditions, andas the operation and maintenance of the project by the commission willconstitute the performance of essential governmental functions the commissionshall not be required to pay any taxes or assessments upon any project or anyproperty acquired or used by the commission under the provision of this act orupon the income therefrom, and the bonds issued under the provisions of thisact, their transfer and the income therefrom, including any profit made on thesale thereof, shall at all times be free from taxation within the state.
36-8-207. Authority to maintain and operate program.
Inorder to maintain and operate a recreational area and facilities program inYellowstone National Park, the Wyoming Yellowstone Park commission(hereinbefore created) is hereby authorized and empowered to acquire, lease,license, improve, extend, reconstruct, maintain, repair and operate saidproject (as herein defined), and to issue revenue bonds of the commissionpayable solely from revenues and funds of the commission, to pay the cost ofthe project.
36-8-208. Consent of legislature necessary to execute contract.
Provided,however, that before the commission shall execute any contract for the purchaseor make any payment for the acquisition of Yellowstone Park recreational areasand facilities, the consent of the Wyoming state legislature shall be firstobtained by statute to be hereafter enacted, amending and reenacting this act.
36-8-209. Revolving account.
Thereis hereby appropriated and credited to a special revolving account to be set upin the state treasury, to be known as the "Wyoming Yellowstone Parkcommission revolving account", the sum of fifty thousand dollars($50,000.00). Moneys shall be released from said account to the commission forthe purpose of studying the feasibility of acquiring and leasing the projectand the retaining of necessary consulting engineers, financial consultants,attorneys, appraisers, and other services deemed necessary to complete thestudy of the project and to determine its feasibility from an economic andfinancial standpoint. Any sums so advanced out of said revolving account forsuch purposes shall be repaid to said account without interest to the extent ofsuch advance upon the sale of bonds for the project and the amount of anyadvances from said account shall be included as a part of the cost of theproject.
36-8-210. Repealed By Laws 1999, ch. 149, 1.
36-8-211. Construction of provisions.
Thisact, being necessary for the welfare of the state and its habitants, shall beliberally construed to effect the purposes thereof.
36-8-230. Authority to issue; terms.
(a) The commission shall be empowered and is hereby authorizedfrom time to time to issue its negotiable bonds for any of its public purposes,including the payment of the cost of the project and incidental expenses inconnection therewith, and to secure the payment of the same by a lien or pledgecovering all or part of its contracts or revenues. The commission shall havepower from time to time whenever it deems refunding expedient, to refund anybonds by the issuance of new bonds, whether the bonds to be refunded have orhave not matured, and may issue bonds partly to refund bonds then outstandingand partly for any of its additional public purposes. The bonds shall beauthorized by resolution of the commission and shall bear such date or dates,mature at such time or times, bear interest at such rate or rates payable atsuch times as may be determined by the commission, and may be made redeemablebefore maturity, at the option of the commission, at such price or prices andunder such terms and conditions as may be fixed by the commission prior to theissuance of the bonds. The commission shall determine the form of the bonds,including any interest coupons to be attached thereto, and shall fix thedenomination or denominations of the bonds and place or places of payment ofprincipal and interest, which may be at any bank or trust company within orwithout the state. The bonds shall be signed by the chairman or vice-chairmanof the commission or by their facsimile signature, and the official seal of thecommission shall be affixed thereto or reproduced thereon and attested by thesecretary and treasurer of the commission, and any coupons attached thereto shallbear the facsimile signature of the chairman or vice-chairman of thecommission. In case any officer whose signature or facsimile of whose signatureshall appear on any bonds or coupons shall cease to be such officer before thedelivery of such bonds, such signature or such facsimile shall nevertheless bevalid and sufficient for all purposes the same as if he had remained in officeuntil such delivery. All bonds issued under the provisions of this act shallhave and are hereby declared to have all the qualities and incidents ofnegotiable instruments under the negotiable instruments law of the state. Thebonds may be issued in coupon or in registered form, or both, as the commissionmay determine, and provision may be made for the registration of any couponbonds as to principal alone and also as to both principal and interest, and forthe reconversion into coupon bonds of any bonds registered as to both principaland interest. The commission may sell such bonds in such manner and for suchprice as it may determine to be for the best interests of the commission.
(b) Prior to the preparation of definitive bonds, thecommission may under like restrictions, issue interim receipts or temporarybonds, with or without coupons, exchangeable for definitive bonds when suchbonds shall have been executed and are available for delivery. The commissionmay also provide for the replacement of any bonds which shall become mutilatedor shall be destroyed or lost.
(c) Any resolution or resolutions authorizing any bonds or anyissue of bonds may contain provisions, which shall be a part of the contractwith the holders of the bonds thereby authorized, as to:
(i) Pledging all or any part of the moneys, earnings, incomeand revenues derived from the project of the commission to secure the paymentof the bonds or of any issue of the bonds subject to such agreements withbondholders as may then exist;
(ii) The rates, rentals, admission fees and other charges to befixed and collected and the amounts to be raised in each year thereby, and theuse and disposition of the earnings and other revenues;
(iii) The setting aside of reserves and the creation of sinkingfunds and the regulation and disposition thereof;
(iv) Limitations on the right of the commission to restrict andregulate the use of the project;
(v) Limitations in the purposes to which and the manner inwhich the proceeds of sale of any issue of bonds may be applied;
(vi) Limitations on the issuance of additional bonds, the termsupon which additional bonds may be issued and secured; the refunding ofoutstanding or other bonds;
(vii) The procedure, if any, by which the terms of any contractwith bondholders may be amended or abrogated, the amount of bonds the holdersof which must consent thereto, and the manner in which such consent may begiven;
(viii) The creation of special funds into which any earnings orrevenues of the commission may be deposited;
(ix) The terms and provisions of any trust indenture securingthe bonds or under which bonds may be issued;
(x) Vesting in a trustee or trustees such properties, rights,powers and duties in trust as the commission may determine;
(xi) Defining the acts or omissions to act which shallconstitute a default in the obligations and duties of the commission to thebondholders and providing the rights and remedies of the bondholders in theevent of such default, including as a matter of right the appointment of areceiver, provided, however, that such rights and remedies shall not beinconsistent with the general laws of this state and other provisions of thisact;
(xii) Limitations on the power of the commission to sell orotherwise dispose of the project, or any part thereof;
(xiii) Any other matters, of like or different character which inany way affect the security or protection of the bonds;
(xiv) Limitations on the amount of moneys derived from theproject to be expended for operating, administrative or other expenses of thecommission;
(xv) The protection and enforcement of the rights and remediesof the bondholders;
(xvi) The obligations of the commission in relation to theacquisition, leasing, licensing, construction, maintenance, operation, repairsand insurance of the project, the safeguarding and application, of all moneysand as to the requirements for the supervision, managements, and approval ofconsulting engineers and others in connection with construction, reconstructionand operation;
(xvii) The payment of the proceeds of bonds and revenues of theproject to a trustee or other depository, and for the method of disbursementthereof with such safeguards and restrictions as the commission may determine.
(d) It is the intention of the legislature that any pledge ofearnings, revenues or other moneys made by the commission shall be valid andbinding from the time when the pledge is made; that the earnings, revenues orother moneys so pledged and thereafter received by the commission shallimmediately be subject to the lien of such pledge without any physical deliverythereof or further act, and that the lien of any such pledge shall be valid andbinding as against all parties having claims of any kind in tort, contract orotherwise against the commission irrespective of whether such parties havenotice thereof. Neither the resolution nor any other instrument by which apledge is created need be recorded.
(e) Neither the members of the commission nor any personexecuting the bonds or other obligations shall be liable personally on thebonds or other obligations or be subject to any personal liability oraccountability by reason of the issuance thereof.
(f) Notwithstanding any other provision of this act, any resolutionor resolutions authorizing bonds of the commission shall contain a covenant bythe commission that it will at all times maintain rates, admission fees,rentals, and other charges sufficient to pay the cost of operation andmaintenance of the project, the principal of and interest on any bonds issuedpursuant to such resolution or resolutions as the same severally become due andpayable, and to maintain any reserves or other funds required by the terms ofsuch resolution or resolutions.
36-8-231. Trust agreements generally.
Inthe discretion of the commission any bonds issued under the provisions of thisact may be secured by a trust agreement by and between the commission and acorporate trustee, which may be any trust company or bank having the powers ofa trust company within or without the state. Any such trust agreement maypledge or assign the revenues to be received, but shall not convey or mortgagethe project or any part thereof. Any such trust agreement or any resolutionproviding for the issuance of such bonds may contain such provisions forprotecting and enforcing the rights and remedies of the bondholders as may bereasonable and proper and not in violation of law, including covenants settingforth the duties of the commission in relation to the acquisition, leasing orlicensing of property and the construction, improvement, maintenance, repair,operation and insurance of the project, the rates, admission fees, charges andrentals to be charged, and the custody, safeguarding and application of allmoneys, and provision for the employment of managers, and consulting engineersin connection with the construction or operation of the project. It shall belawful for any bank or trust company incorporated under the laws of the statewhich may act as depository of the proceeds of bonds or of revenues to furnishsuch indemnifying bonds or to pledge such securities as may be required by thecommission. Any such trust agreement may set forth the rights and remedies ofthe bondholders and of trusts, and may restrict the individual right of actionof bondholders as is customary in trust agreements or trust indentures securingbonds or debentures of corporations. In addition to the foregoing, any suchtrust agreement may contain such other provisions as the commission may deemreasonable and proper for the security of the bondholders. All expensesincurred in carrying out the provisions of such trust agreement may be treatedas a part of the cost of the operation of the project.
36-8-232. Rights of bondholders and trustees.
Anyholder of bonds issued under the provisions of this act or any of the couponsappertaining thereto, and the trustee under any trust agreement, except to theextent the rights herein given may be restricted by such trust agreement or theresolution authorizing the issuance of such bonds, may, either at law or inequity, by suit, action, mandamus or other proceedings, protect and enforce anyand all rights under the laws of the state or granted hereunder or under suchtrust agreement or the resolution authorizing the issuance of such bonds, andmay enforce and compel the performance of all duties required by this act or bysuch trust agreement or resolution to be performed by the commission or by anyofficer thereof, including the fixing, charging and collecting of rates,admission fees, rentals or other charges.
36-8-233. Bonds and expenses not to be indebtedness of state orpolitical subdivisions.
(a) The bonds issued under the provisions of this act shall notbe deemed to constitute a debt of the state or of any political subdivisionthereof or a pledge of the faith and credit of the state or of any suchpolitical subdivision, but such bonds shall be payable solely from the fundspledged for their payment as authorized herein, unless such bonds are redeemedfrom the proceeds of the sale of refunding bonds or cancelled by refundingbonds issued in lieu thereof, issued under the provisions of this act, whichrefunding bonds shall be payable solely from funds pledged for their payment asauthorized herein. All such revenue bonds shall contain on the face thereof astatement to the effect that neither the state nor the commission shall beobligated to pay the same or the interest thereon except from the revenues andfunds of the commission, and that neither the faith and credit nor the taxingpower of the state or any political subdivision thereof is pledged or may bepledged, to the payment of the principal of or interest on such bonds.
(b) All expenses incurred in carrying out the provisions ofthis act shall be payable solely from funds provided under the authority ofthis act, and nothing in this act contained shall be construed to authorize thecommission to incur indebtedness or liability on behalf of or payable by the stateor any political subdivision thereof.
36-8-234. Bonds deemed legal investments and deposits.
Bondsissued by the commission under the provisions of this act are hereby madesecurities in which the state and all public officers, municipal corporations,political subdivisions and public bodies, all banks, bankers, trust companies,trust and loan associations, investment companies and others carrying on abanking business, all insurance companies and insurance associations and otherscarrying on an insurance business, and all administrators, executors,guardians, trustees and other fiduciaries may properly and legally invest anyfunds, including capital belonging to them or within their control. The bondsare also hereby made securities which may be deposited with and may be receivedby all public officers and bodies of this state and all municipalities andpolitical subdivisions for any purpose for which the deposit of bonds or otherobligations is now or may hereafter be authorized.
36-8-235. Pledge by state to bondholders.
Thestate of Wyoming does pledge to and agrees with the holders of the bonds issuedpursuant to this act that the state will not limit or alter the rights hereinvested in the commission to acquire, lease, license, construct, improve,extend, reconstruct, maintain, repair and operate the project, to establish andcollect the revenues, rates, rentals, admission fees and other charges referredto in this act and to fulfill the terms of any agreements made with the holdersof the bonds, or in any way impair the rights and remedies of such bondholders,until the bonds together with interest thereon, interests on any unpaidinstallments of interest, and all costs and expenses in connection with anyaction or proceedings by or on behalf of the bondholders are fully met anddischarged.
36-8-236. Moneys deemed trust funds.
Allmoneys received pursuant to the authority of this act, whether as proceeds fromthe sale of bonds or as revenues, shall be deemed to be trust funds, to be heldand applied solely as provided in this act. The resolution authorizing thebonds of any issue or the trust agreement securing such bonds shall providethat any officer to whom, or any bank or trust company to which, such moneysshall be paid shall act as trustee of such moneys and shall hold and apply thesame for the purposes hereof, subject to such regulations as this act and suchresolution or trust agreement may provide.
36-8-237. Statutory authority for issuance of bonds and fixing ofcharges.
(a) This act without reference to other statutes of the stateof Wyoming shall constitute full authority for the authorization and issuanceof bonds hereunder, and no other act or law with regard to the authorization orissuance of bonds or other obligations or the deposit of the proceeds thereof,or in any way impeding or restricting the carrying out of the acts hereinauthorized to be done shall be construed as applying to any proceedingshereunder or acts done pursuant hereto, and the bonds may be issued under theprovisions of this act without obtaining the consent of any department,division, commission, board, bureau, agency or officer of the state.
(b) This act without reference to other statutes of the stateof Wyoming shall constitute full authority for the fixing, altering, chargingand collection by the commission of rates, fees, rentals and other charges forthe use of the recreational areas and facilities of the project and theservices rendered in connection therewith at reasonable and uniform rates, tobe determined exclusively by the commission, and the commission shall havepower and authority to fix, alter, charge and collect such rates, fees, rentalsand other charges without obtaining the consent or approval of any department,division, commission, board, bureau, agency or officer of the state.
36-8-238. Existing statutory powers.
Theforegoing sections of this act shall be deemed to provide an additional andalternative method for the doing of the things authorized thereby, and shall beregarded as supplemental and additional to powers conferred by other laws, andshall not be regarded as in derogation of any power now existing except as inthis act specifically provided; provided, however, that the issuance of revenuebonds or revenue refunding bonds under the provisions of this act need notcomply with the requirements of any other law applicable to the issuance ofbonds.
ARTICLE 3 - HOT SPRINGS STATE PARK
36-8-301. Acceptance of Big Horn Hot Springs.
Thestate of Wyoming hereby accepts the lands granted by the act of congress of1897 ceding to the state one (1) square mile in the northeast portion of theShoshone Indian Reservation upon which is located the Big Horn Hot Springs andassents to all of the provisions of said act ceding the same.
36-8-302. Name of park.
Fromand after the passage of this act, the land managed by the department as ofJuly 1, 2010 in the northeast portion of the Shoshone Indian Reservation, uponwhich is located the Big Horn Hot Springs, is hereby declared to be and shallhereafter be known as the "Hot Springs State Park". The departmentshall by rule specify the legal description of the state park.
36-8-303. Disposition of monies received.
Exceptas otherwise provided in this section, any and all monies which may be receivedfor rentals of said lands or waters, or any portion thereof, or for the use ofsaid water in any form or any portion thereof, and all money in any way derivedfrom said state lands shall be paid into the state treasury as other moniesbelonging to the state and shall be credited by the state treasurer to thegeneral fund. Funds received pursuant to W.S. 36-4-110 from state outdoorrecreation areas or facilities on such lands shall be deposited and expended inaccordance with W.S. 36-4-121(h).
36-8-304. Public baths and public campgrounds.
Thedepartment of state parks and cultural resources shall retain one-fourth (1/4)of the water in the main or largest principal spring on the state land on theeastern bank of the Big Horn River with sufficient quantity of the landadjacent thereto, upon which suitable bathhouses may be constructed, whichshall be open, with preference of use given free to persons who are indigent andsuffering from ailments for which bathing in the waters of the Big Horn HotSprings will afford relief. The department may make necessary rules andregulations governing free baths, the manner and time of bathing, and mayrequire medical examination of applicants for baths. The bathhouse shall remainopen not less than ten (10) hours a day each weekday and not less than six (6)hours on Sundays and holidays. The rules shall meet the minimum requirements ofrules adopted by the department of agriculture governing public pools andspas. The department, in consultation with the commission, may set apart asuitable location and portion of the lands for public camping purposes but maycontract for operation of any campgrounds by competitive sealed bid. Should thedepartment, in consultation with the commission, operate any campground withinHot Springs State Park, the charges per night shall not be less than one-half(1/2) of the average charges imposed by private campground operators within afive (5) mile radius of the Hot Springs State Park. The balance of the waterand lands may be leased by the department, in consultation with the commission,for a term not less than five (5) years nor longer than ninety-nine (99) years.The length of the term of each individual lease shall be determined by thedepartment, in consultation with the commission, in accordance with the valueof the improvements proposed and actually placed upon the leasehold. Thedepartment may by rule provide for special use permits for limited purposes.The department may make rules and regulations with respect to the erection ofbuildings and improvements upon the individual leaseholds and may prescribe theplans and specifications of, and the materials to be used in the buildings tobe erected. The department, in consultation with the commission, in any leasemay provide for such plans and buildings and such use thereof as will bestcarry out the purposes of this chapter in retaining the lands and watersthereon for the treatment and cure of diseases and the pleasure of the generalpublic. The department, in consultation with the commission, may conductthrough pipes or otherwise any portion of the waters of the hot springsreserved for free use under this section and to provide baths and bathhousesfor the use of the water at such rental or rates as it prescribes.
36-8-305. Adjudication of water right for flow of Big Horn HotSprings.
Thelegislature of Wyoming, by enacting W.S. 36-8-304, appropriated and set asidefor the state of Wyoming, board of charities and reform, the total flow of theBig Horn Hot Springs at Thermopolis, Wyoming, which was estimated to have beenthirteen and one-tenth (13.1) cubic feet per second in 1896. That legislationwas intended to be and is hereby declared to have been an application for apermit to appropriate in behalf of the board of charities and reform the totalflow of Big Horn Hot Springs at Thermopolis, Wyoming, in compliance with W.S.41-4-501 through 41-4-506 and 41-4-517. The bathing, medicinal, irrigationuses, and the maintenance of flow of water over the terrace between the springsand the Big Horn River are all beneficial uses and are hereby declared to bebeneficial uses. The state board of control is directed to adjudicate a waterright in favor of the board of charities and reform, its successors andassignees, for the flow of the Big Horn Hot Springs at Thermopolis, Wyoming,with a priority date of February 17, 1899. The actual flow for adjudicatedpurposes shall be determined by the state board of control by establishedprocedure. Effective April 1, 1990, the department of commerce is designated assuccessor to the state board of charities and reform and the recreationcommission under this section. Effective July 1, 1999, the department of stateparks and cultural resources is designated as successor to the state board ofcharities and reform, the recreation commission and the department of commerceunder this section.
36-8-306. Transfer of lands to United States.
Wheneverin the judgment of the department, in consultation with the commission, theinterest of the state will be advanced by granting, conveying or deeding to theUnited States of America any tract or tracts of land within the Hot SpringsState Park not otherwise disposed of, as may be fit and proper or desirable bythe United States government, for the construction and maintenance of aveterans soldiers' hospital, sanitarium and recreation grounds, together withthe free use of the mineral hot waters of the springs of the Hot Springs StatePark, for the use of the United States of America in conducting the same, thedepartment, in consultation with the commission, shall notify the board of landcommissioners and the board may grant, convey and deed to the United States ofAmerica the designated lands. The president of the board of land commissionersand director are hereby authorized to make, execute and deliver all necessaryinstruments to complete such grants or conveyances.
36-8-307. Control of use of lands; transfer of control to the Wyomingdepartment of state parks and cultural resources.
(a) The lands granted by the act of congress approved on theseventh day of June, A.D. 1897, ceding to the state of Wyoming certain lands inthe northeastern portion of the Shoshone Indian Reservation upon which arelocated the Big Horn Hot Springs, are placed under control of the state boardof charities and reform or its successor and are forever set aside for thetreatment and care of diseases and for sanitary and charitable purposes.
(b) As provided by W.S. 36-4-122 the department of state parksand cultural resources is designated as successor to the state board ofcharities and reform and recreation commission under this article effectiveJuly 1, 1999.
36-8-308. Inspection for health purposes.
Thedepartment, in consultation with the commission, may call upon the statedepartment of health to inspect, examine and report fully upon the condition ofany and all hotels, sanitariums and buildings, and all places and localitieswithin the limits of the Big Horn Hot Springs state park and to enforce thehealth laws of the state and the applicable rules and regulations of thedepartment. The department may call upon the state department of agriculture toinspect, examine and report fully upon the condition of any and all bathhouseswithin the limits of the Big Horn Hot Springs state park and to enforce thehealth laws of the state and the applicable rules and regulations.
36-8-309. Rules and regulations; adoption, penalty for violation andcancellation of leases.
Thedepartment of state parks and cultural resources has full power, control andsupervision over the Big Horn Hot Springs State Park, located in Hot Springscounty, and all property thereon. The department may adopt rules andregulations for the government of the state park for the conservation of peaceand good order within the park, and for the preservation of the property of thestate therein, and of the property and people situated and residing or beingtherein, and to promote the well being of the people, and to declare whatconstitutes a nuisance within the state park. Any person who violates any ruleor regulation adopted and published by the department is guilty of amisdemeanor and shall be fined not less than five dollars ($5.00) and not morethan one hundred dollars ($100.00) or imprisoned for not more than six (6)months or both. Any offender convicted under this act may be permitted, in lieuof cash payment of a fine thus imposed, to work out the fine within the statepark, at the rate of five dollars ($5.00) an hour until the amount of the fineis satisfied. Any circuit judge in the fifth judicial district has jurisdictionof all offenses under this article. A defendant convicted under this articlehas a right to appeal to the district court as provided for appeals fromconvictions in circuit courts and municipal courts. If any lessee of the stateor of the department shall refuse to comply with the order, direction, rule orregulation of the department, or to obey any law of the state defining andpunishing nuisances the department may immediately cancel the lease.
36-8-310. Rules and regulations; publication and distribution.
Allrules and regulations adopted by the department of state parks and culturalresources for the government of the Big Horn Hot Springs State Park shall bepublished in pamphlet form and distributed to all officers and persons by lawentitled to receive them, and to all lessees upon the state park.
36-8-311. Superintendent.
Thedepartment of state parks and cultural resources may employ a superintendent ofthe Big Horn Hot Springs State Park who shall have charge of all the stateproperty at that park under the direction of the department.
36-8-312. Repealed by Laws 1993, ch. 69, 2.
36-8-313. Attendant for free bathhouse.
Thedepartment may employ an attendant at the free bathhouse of the Big Horn HotSprings whose duties shall be specified by the department.
36-8-314. Gambling prohibited; sale of alcoholic beverages regulated;violations.
Gamblingin any form is prohibited within the park. The sale of alcoholic liquor exceptfor medicinal purposes shall be subject to any terms, conditions, regulationsand license fees as the department in consultation with the commission maydetermine and prescribe in addition to any requirement for the procurement of alicense prescribed by law. Any violation of the provisions of this section orany term, condition or regulation prescribed by the department shall besufficient ground for the department to cancel the lease of any violator, whoshall be subject to expulsion from the state land in addition to any penaltyherein prescribed, or prescribed by the laws of Wyoming.
36-8-315. Penalty for public health violations.
Anyperson who maintains a filthy, unwholesome or offensive house, hotel,bathhouse, sanitarium, dwelling, stable, privy or privy vault, drainpipe orsewer, which is a menace to the public health, or who fails to comply with anyorder, rule, direction or regulation of the department of state parks andcultural resources, the state department of agriculture or the state departmentof health is guilty of a misdemeanor, and upon conviction shall be fined in anysum not exceeding seven hundred fifty dollars ($750.00) or imprisoned in thecounty jail for not more than six (6) months, or both.
36-8-316. Liability and penalty for livestock roaming at will.
Itshall be unlawful for any person, owner or custodian of any livestock to permitthe same to roam at will over, upon or across any portion of the lands owned bythe state in Hot Springs county and known as the Hot Springs State Reserve. Anyowner, drover or other person or persons in charge of loose animals orlivestock of any description who shall drive or trail the same upon, across orthrough any portion of said reserve, shall be liable for any and all damageresulting therefrom. Any person violating the provisions of this section shallbe guilty of a misdemeanor and upon conviction thereof shall be punished by afine of not less than ten dollars ($10.00) nor more than one hundred dollars($100.00). In addition to the foregoing penalty the owner of any such looseanimals or livestock shall be liable for any damage caused on said reserve byany such animals or livestock, and the superintendent of said reserve is herebyauthorized to seize and restrain at some suitable place any such animals orlivestock, and the state shall have a lien thereon for the amount of any fineimposed against the owner and for all damages and costs, including the care ofsuch loose animals or livestock, to be collected in a civil action to bebrought in the name of the state in any court of competent jurisdiction. Thejudgment awarding foreclosure of any such lien shall direct the sale of saidloose animals or livestock in the manner now provided by law for the sale ofpersonal property upon execution.
36-8-317. Repealed by Laws 1982, ch. 48, 3.
36-8-318. Bond issue to upgrade facilities; authority generally.
Thestate loan and investment board, with the advice and approval of the departmentof state parks and cultural resources, may issue its nonnegotiable debenturebonds in a total sum not in excess of two million dollars ($2,000,000.00) forthe purpose of and in order to improve and upgrade the business enterprises andguest accommodations at the "Hot Springs State Park", Thermopolis,Wyoming. The state loan and investment board is further authorized to negotiateand make loans to persons, firms and corporations of this state for suchpurpose. No loan shall exceed one million dollars ($1,000,000.00) to any one(1) person, firm or corporation. The interest to be charged shall not be lessthan six percent (6%) nor more than twelve percent (12%) per annum and the loanshall be for a term not to exceed thirty (30) years. No loan shall exceedseventy-five percent (75%) of the cost of any construction project.
36-8-319. Bond issue to upgrade facilities; investment by statetreasurer.
Thetreasurer of the state of Wyoming may, upon the request of the state loan andinvestment board, invest not to exceed the sum of two million dollars($2,000,000.00) of the permanent funds of the state of Wyoming in such nonnegotiabledebenture bonds.
36-8-320. Bond issue to upgrade facilities; regulation of loans.
Thedepartment of state parks and cultural resources, in consultation with thecommission, with the approval of the state loan and investment board, shallapprove the location, plans and specifications of loan applicants and makerules and regulations concerning the loans as it deems advisable, but all loansshall be secured by a mortgage or lien upon all the property of the project.
ARTICLE 4 - SARATOGA HOT SPRINGS STATE RESERVE
36-8-401. Purchase of hot springs; description of land.
Thestate board of charities and reform of the state of Wyoming is herebyauthorized, empowered and directed to purchase, take and secure the titlethereof in the name of the state of Wyoming and pay therefor, in the mannerhereinafter provided, the sum of fifty thousand dollars ($50,000.00) for thelands within which the Saratoga Hot Springs are situated and located, whichsaid lands are described as follows, to-wit: the northwest one-fourth; thenorth one-half of the southwest one-fourth, and the southwest one-fourth of thesouthwest one-fourth of section 13; the east one-half of the southwestone-fourth of section 12 and all that portion of the west one-half of thesouthwest one-fourth of section 12 not included in Caldwell Hot Springsaddition to the town of Saratoga, Carbon county, state of Wyoming; and all ofthe unsold lots in said addition to-wit: lots 2 to 11, both inclusive, of block2; blocks 3, 4, 5, 6, 7, and 8; lots 6, 8, 9 and 10 in block 9; lots 1, 3, 4,5, and 6 in block 14; lots 3, 4, 5, 6, 7, and 8 in block 15; (being 108 lots)all in township 17 north, range 84 west of the sixth principal meridian and insaid Carbon county, and subject only to the right-of-way heretofore granted tothe Saratoga & Encampment Railway Company, together with all the hotmedicinal and mineral springs therein contained and all improvements thereon;which said property is commonly known as the Saratoga Hot Springs and containsfour hundred twenty (420) acres more or less.
36-8-402. Control and use of property; transfer of control to theWyoming department of state parks and cultural resources.
(a) The property described in W.S. 36-8-401 is placed undercontrol of the state board of charities and reform or its successors andforever set aside for the treatment and care of diseases and for sanitary,charitable and such other purposes as determined by the board or itssuccessors.
(b) As provided by W.S. 36-4-122, the department of state parksand cultural resources is designated as successor to the state board ofcharities and reform, Wyoming recreation commission and the department ofcommerce under this article effective July 1, 1999.
36-8-403. Sale of lands and improvements; authority.
Notwithstanding any contrary provisionscontained in W.S. 36-8-401, 36-8-402, or in any other provision of law, thesale of the lands and improvements known as and included in the Saratoga HotSprings Reserve to any person, association of persons, firm or corporation,without restriction as to use or occupancy, is hereby authorized.
36-8-404. Sale of lands and improvements; conduct of sale.
Anysale of the lands and improvements referred to in W.S. 36-8-403 shall beconducted by the state board of land commissioners in the manner provided forthe sale of other state lands in W.S. 36-9-101, 36-9-102 and 36-9-104 through36-9-120, provided, however, that the board shall appoint three (3) qualifieddisinterested appraisers, not members of the board, to make an appraisal of thesaid properties, not more than ninety (90) days prior to the call for bids. Anysale so negotiated shall be for cash, and transfer of title shall be byquitclaim deed executed according to the rules of the state board of landcommissioners.
36-8-405. Lease of lands and improvements.
Thedepartment, in consultation with the commission, may lease the lands andimprovements referred to in W.S. 36-8-403 to any person, association, firm orcorporation for any lawful purpose, for any term not in excess of ninety-nine(99) years.
36-8-406. Repealed by Laws 1990, ch. 44, 3.
36-8-407. Repealed by Laws 1990, ch. 44, 3.
ARTICLE 5 - SOUTH PASS CITY STATE HISTORICAL SITE
36-8-501. South Pass City state historic site.
(a) Repealed By Laws 2010, Ch. 11, 3.
(b) Upon approval by the governor,the department of state parks and cultural resources may purchase in the nameof the state of Wyoming the following real property, unless the Carissa goldmine has created unacceptable economical environmental impacts as shown by thedepartment of environmental quality investigation and determined by thegovernor, in Fremont county containing approximately 312.41 acres which arehereby declared to be part of the South Pass City state historic site:
(i) In township 29 north, range 100 west, 6th p.m., SE1/4 SE1/4NE1/4, NE1/4 NE1/4 SE1/4 of section 20; lots 6, 7, 9, 16, 19 and 24 of section20; W1/2 SW1/4 NW1/4 of section 21; E1/2 SW1/4 NW1/4 of section 21; and W1/4SE1/4 NW1/4 of section 21.
(c) The lands in Fremont County managed by the department as ofJuly 1, 2010 as South Pass City are designated as the South Pass City statehistoric site. The department shall by rule specify the legal description ofthe historic site.
36-8-502. Corporate powers.
Exceptas herein limited the preserve shall have powers like a corporation as providedin the Wyoming Business Corporation Act and by law for nonprofit corporations.
ARTICLE 6 - GRANITE RESERVOIR, CRYSTAL RESERVOIR AND UPPERNORTH CROW RESERVOIR AREAS
36-8-601. Declaration of Curt Gowdy state park.
(a) The lands in Laramie and Albany counties managed by thedepartment as of July 1, 2010 at Granite Reservoir, Crystal Reservoir and UpperNorth Crow Reservoir areas known collectively as Curt Gowdy state park arehereby declared to be a state park. The department shall by rule specify thelegal description of the state park.
(i) Repealed By Laws 2010, Ch. 11, 3.
(ii) Repealed By Laws 2010, Ch. 11, 3.
(iii) Repealed By Laws 2010, Ch. 11, 3.
(iv) Repealed By Laws 2010, Ch. 11, 3.
(v) Repealed By Laws 2010, Ch. 11, 3.
(b) The state park shall be known as the Curt Gowdy state park.
36-8-602. Administration.
Thedepartment of state parks and cultural resources shall administer this area.
ARTICLE 7 - SINKS CANYON
36-8-701. Declaration of Sinks Canyon state park; disposal of land.
(a) The lands in Fremont County managed by the department as ofJuly 1, 2010 and known as Sinks Canyon are hereby declared to be a state park.The department shall by rule specify the legal description of the state park.
(b) These lands shall not be sold, leased or otherwise disposedof by any state agency without the approval of the legislature.
36-8-702. Administration.
Thedepartment of state parks and cultural resources and the Wyoming game and fishcommission shall jointly administer this area.
ARTICLE 8 - FORT FRED STEELE STATE PARK
36-8-801. Declaration of area as Fort Fred Steele state historic site;administration; safety facilities.
(a) The lands in Carbon county managed by the department as ofJuly 1, 2010 and known as the Fort Fred Steele area are hereby declared to be astate historic site. The department shall by rule specify the legaldescription of the site.
(i) Repealed By Laws 2010, Ch. 11, 3.
(ii) Repealed By Laws 2010, Ch. 11, 3.
(iii) Repealed By Laws 2010, Ch. 11, 3.
(b) The department of state parks and cultural resources shalladminister this area providing for the best possible state historic site, andit shall be the responsibility of the department to provide all reasonable andnecessary safety facilities made necessary by reason of the increased hazardsresulting from the establishing of a state park adjacent to, and on both sidesof, Union Pacific Railroad Company's main line right-of-way and tracks. Thesesafety facilities shall include, but are not limited to, such fencing of UnionPacific Railroad Company's main line right-of-way as is reasonably necessary toprevent access by the general public to such right-of-way; some type ofpedestrian walkway through the grade separation to provide pedestrian accessbetween the south and north sides of the site; and either the closing of theFort Steele grade crossing to the general public or the establishment at saidcrossing of grade crossing protection devices consisting of flasher lights andgates. The department is hereby authorized to enter int
