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CHAPTER 15 - WILDLIFE AND NATURAL RESOURCE FUNDING ARTICLE 1GENERAL PROVISIONS

 

9-15-101. Short title.

 

This act shall be known and may be cited asthe "Wyoming Wildlife and Natural Resource Funding Act."

 

9-15-102. Definitions.

 

(a) As used in this chapter:

 

(i) "Board" means the Wyoming wildlife and naturalresource trust account board created by W.S. 9-15-104;

 

(ii) "Income account" means the Wyoming wildlife andnatural resource trust income account created by W.S. 9-15-103(b);

 

(iii) "Large project" means a project for which thetotal of all grants sought or previously awarded under this act equals orexceeds two hundred thousand dollars ($200,000.00);

 

(iv) "Natural resource heritage" means renewablenatural resources managed under a balanced stewardship that provides for theoptimization of social, economic and cultural benefits for the citizens ofWyoming;

 

(v) "Select committee" means the select naturalresource funding committee created by W.S. 28-11-401;

 

(vi) "Small project" means a project for which thetotal of all grants sought or previously awarded under this act is less thantwo hundred thousand dollars ($200,000.00);

 

(vii) "Trust account" means the Wyoming wildlife andnatural resource trust account created by W.S. 9-15-103(a);

 

(viii) "This act" means W.S. 9-15-101 through 9-15-107.

 

9-15-103. Wyoming wildlife and natural resource trust account created;income account created; expenditures; purposes.

 

(a) A trust account is created to be known as the Wyomingwildlife and natural resource trust account. The trust account shall consist ofthose funds designated to the account by law and all monies received fromfederal grants and other contributions, grants, gifts, transfers, bequests anddonations to the trust account. The trust account is specifically empowered toaccept grants, gifts, transfers, bequests and donations including those whichare limited in their purposes by the grantor. Title to any interest in anyreal property conveyed to the trust account shall be held in the name of thestate of Wyoming and shall be administered by the board of land commissioners. Funds deposited within the trust account are intended to be inviolate andconstitute a perpetual trust account which shall be invested by the statetreasurer as authorized under W.S. 9-4-715(a), (d) and (e) and in a manner toobtain the highest return possible consistent with preservation of the accountcorpus.

 

(b) The state treasurer shall credit annually to a Wyomingwildlife and natural resource trust income account the interest earned frominvestment of the trust account corpus. The legislature may, from time to time,appropriate funds directly to the income account for distribution in accordancewith the terms of this act. Such specially appropriated funds shall becredited directly by the state treasurer to the income account and areavailable to the board for award of grants as otherwise permitted by this act.

 

(c) Individuals and other entities may also grant, give,transfer, bequest or donate funds to the trust account or the income account. Such funds shall be credited by the state treasurer to either the trust accountor the income account, as appropriate, in a manner consistent with theconditions attached to their receipt.

 

(d) The board may expend funds from the income account forstaffing and other administrative expenses authorized under this act. Additionaldisbursements from the income account shall be for the following purposes:

 

(i) Improvement and maintenance of existing terrestrial habitatnecessary to maintain optimum wildlife populations;

 

(ii) Preservation of open spaces by purchase or acquisition ofdevelopment rights;

 

(iii) Improvement and maintenance of existing aquatic habitatnecessary to maintain optimum fish populations;

 

(iv) Acquisition of terrestrial or aquatic habitat when existinghabitat is determined critical, or is present in minimal amounts, andacquisition presents the necessary factor in attaining or preserving desiredwildlife or fish population levels;

 

(v) Conservation, maintenance, protection and development ofwildlife resources, the environment and Wyoming's natural resource heritage;

 

(vi) Participation in water enhancement projects to benefitaquatic habitat for fish populations and allow for other watershed enhancementsthat benefit wildlife;

 

(vii) To address and mitigate impacts detrimental to wildlifehabitat, the environment and the multiple use of renewable natural resourcesattributable to residential, mineral and industrial development;

 

(viii) To mitigate conflicts and reduce potential for diseasetransmission between wildlife and domestic livestock.

 

(e) No funds shall be made available under this act for thereintroduction of any native or nonnative game or nongame species pursuant tothe Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended.

 

(f) The board shall not have the power of eminent domain.

 

(g) No funds shall be disbursed under this act for fee simpletitle acquisition of real property, nor shall funds be disbursed under this actto purchase water rights to be held by the state of Wyoming.

 

(h) The board shall not accept any fee simple interest in realproperty but shall make recommendations to the board of land commissionersregarding acceptance of any such interest. The board of land commissionersshall only accept a fee simple interest in real property under this act, andthe Wyoming wildlife and natural resource trust account board shall only acceptany other interest in property if the property is willingly conveyed by theholder of the interest. The board of land commissioners may in its solediscretion reject any offer to convey a fee simple interest in real property toany account under this act. The Wyoming wildlife and natural resource trustaccount board may in its sole discretion reject any offer to convey any otherinterest in property to any account under this act. Any appraisal of realproperty conducted at the direction of the board or the board of landcommissioners under this act shall reflect the fair market value of theproperty.

 

(j) The Wyoming wildlife and natural resource trust accountboard may recommend that the board of land commissioners dispose of anyinterest in real property within the trust account when the board determinesthat disposal of the interest would be in the best interests of the trustaccount. The net proceeds from any disposition of real property pursuant tothis subsection shall be deposited to the trust account.

 

(k) No water right shall be accepted under this act as a gift,transfer, bequest or donation unless the right is attached to real propertyaccepted under the terms of this act. Any change of use of a water rightacquired in this manner shall be done in full compliance with all provisions ofWyoming law.

 

(m) The board shall not require public access to private landas a condition to receive any grant funds under this act.

 

9-15-104. Wildlife and natural resource trust account boardestablished; terms; meetings; duties.

 

(a) There is created the Wyoming wildlife and natural resourcetrust account board. The board shall consist of nine (9) members appointed bythe governor and confirmed by the senate, who are residents of Wyoming. Themembers shall be appointed from each of the appointment districts set forth inW.S. 5-3-101. The board membership shall reflect a broad spectrum ofexperiences including wildlife, agriculture, energy, sportsmen and tourism. Not more than five (5) members shall be of the same political party.

 

(b) Except for the initial board, each appointed member of theboard shall serve for a term of three (3) years. Of the initial appointees,three (3) members shall be appointed for one (1) year, three (3) members shallbe appointed for two (2) years and three (3) members shall be appointed forthree (3) years. The governor may remove any member as provided in W.S.9-1-202. Any vacancy occurring between sessions of the legislature may befilled by the governor as provided under W.S. 28-12-101(b). The board shallselect one (1) of its members to serve as chair.

 

(c) Administration of any funds administered by the board shallbe by the secretary to the board, who shall be employed by the board. Thesecretary shall not be housed in any agency which may be a grantee under thisact. The secretary to the board shall further act as liaison for the board toother state, federal and local governmental agencies, as well as nonprofitorganizations and members of the public who seek to provide input regardinggrant proposals.

 

(d) The board shall meet regularly. Members shall serve withoutcompensation but shall be reimbursed for expenses incurred in the performanceof their duties in the manner and amounts provided by law for state employees.

 

(e) The board shall receive and evaluate applications forgrants from the income account, shall forward applications for large projectsto the select committee for review and recommendation. The board may approvegrants for any small project. Funds in the income account are continuouslyappropriated for small project grants approved by the board and for approvedlarge projects as specified by subsection (k) of this section.

 

(f) The board shall adopt rules and regulations in accordancewith the Wyoming Administrative Procedure Act as necessary to carry out itsduties under this act, including rules to:

 

(i) Establish criteria for grants from the income account whichaccomplish the purposes of this act;

 

(ii) Establish criteria for matching funds or other in-kindcontributions from grantees;

 

(iii) Evaluate, rank and prioritize grant proposals with anemphasis on those projects that are partnerships involving private and publicentities;

 

(iv) Review and monitor grants to grantees;

 

(v) Evaluate the effects of grant proposals on citizen accessto public and state lands for hunting, fishing and recreation activities;

 

(vi) Establish criteria for the acceptance or rejection ofgifts, transfers, bequests and donations including interests in real orpersonal property, which criteria shall not be inconsistent with this act.Based on those criteria, the board shall make recommendations regarding theacceptance of any fee simple interest in real property to the board of landcommissioners. Based on those recommendations, the board of land commissionersshall make a final determination on acceptance or rejection of any fee simpleinterest in real property under this act;

 

(vii) Consider the socioeconomic impacts of the grant proposal onthe community affected;

 

(viii) Consider other necessary matters.

 

(g) In fulfilling its duties under this act the board may:

 

(i) Consult with other governmental agencies, persons and nonprofitorganizations, as necessary;

 

(ii) Accept or decline federal grants and other contributions,grants, gifts, transfers, bequests and donations of any money, personalproperty or interests in real property other than a fee simple interest fromany source. The board shall make recommendations regarding the acceptance ofany fee simple interest in real property to the board of land commissioners;

 

(iii) Participate with for profit corporations to developwildlife habitat, but may not divert financial resources to a for profitcorporation.

 

(h) The board shall annually report to the governor, the jointappropriations interim committee, the select committee and the joint travel,recreation, wildlife and cultural resources interim committee no later than September1 with respect to all federal grants, state appropriations and othercontributions, grants, gifts, bequests and donations received and credited tothe trust account and income account during the preceding fiscal year. Thereport shall include all grants awarded by the board to nonprofit andgovernmental organizations and progress made toward the condition of any grantmade.

 

(j) Until the corpus of the trust account exceeds two hundredmillion dollars ($200,000,000.00) the governor may also include in his proposedstate budget recommendations for additional funding of the corpus of the trustaccount. The governor may also include in his proposed state budgetrecommendations for additional funding of the income account.

 

(k) No funds shall initially be expended from the incomeaccount for large projects except upon specific legislative authorization.Following the initial legislative authorization to expend funds for a largeproject, the board may approve additional grants for that large project not toexceed a total of an additional one hundred thousand dollars ($100,000.00) andshall forward a notice of any such additional grant to the select committeewithin thirty (30) days of each approval. Subsequent legislative authorizationshall be required for any grant in excess of the limits of this subsection.

 

9-15-105. Grant applications; eligible entities.

 

(a) The board may only grant funds to nonprofit andgovernmental organizations. The board shall award grants to promote, preserveand enhance the wildlife, multiple use, natural resource and environmentalheritage of Wyoming and its people. The board shall have the discretion todetermine the amount of each grant and any conditions attached to the grant. For the purposes of this act, a grant shall not be used for the acquisition ofa fee title interest in real property or any interest in water rights to beheld by the state of Wyoming. Grant funds may be used for acquisition ofpersonal property related to the project receiving the grant.

 

(b) Grants by the board shall not provide a supplement to, orreplacement of, the operating budget of any governmental agency or nonprofitorganization except as those funds are directly related to the purposes of thegrant.

 

(c) No grants shall be awarded until rules and regulationsadopted by the board pursuant to W.S. 9-15-104(f) have become effective.

 

9-15-106. Audits.

 

Thedirector of the department of audit or his designee shall audit the trustaccount annually. Copies of the audit shall be provided to the governor, thejoint appropriations interim committee, the select committee and the jointtravel, recreation, wildlife and cultural resources interim committee.

 

9-15-107. Application to mineral estates.

 

No provision of this act shall be construedto alter the law of Wyoming regarding the primacy of the mineral estate, tolimit access to the mineral estate or to limit development of the mineralestate.

 

ARTICLE 2 - LARGE PROJECT FUNDING

 

9-15-201. Wyoming wildlife and natural resource large project funding;2007.

 

(a) Authorization is granted for funding of the following largeprojects as provided in this section.

 

(b) Project Bates Creek Watershed Restoration:

 

(i) Project sponsor: Wyoming game and fish department androcky mountain elk foundation;

 

(ii) Project purpose: Enhancement of aspen and sagebrushhabitats, removal of conifer encroachment in the Bates Creek Watershed in orderto:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on elk and mule deersummer and transitional ranges;

 

(C) Improve overall habitat conditions for big sagebrushobligates and aspen dependent wildlife.

 

(iii) Project description: Prescribed fire and mechanicaltreatment of undesirable vegetation and decadent stands of desirable plantcommunities, including deferment and rest from seasonal livestock use, in orderto retard succession in aspen communities and create uneven aged aspen standswithin the Bates Creek Watershed;

 

(iv) Total project budget: two million four hundred twenty-fivethousand dollars ($2,425,000.00) over an anticipated period of approximatelysixteen (16) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsors not to exceed eighthundred sixty-seven thousand two hundred ninety-three dollars ($867,293.00)over a period of not more than three (3) years for the purposes specified inthis subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2009, there is appropriated fromthe income account to the board two hundred sixty-seven thousand two hundredninety-three dollars ($267,293.00) or as much thereof as is necessary to carryout the purpose of this subsection. In addition to any amounts appropriatedprior to 2010, there is appropriated from the income account to the board threehundred thousand dollars ($300,000.00) or as much thereof as is necessary tocarry out the purposes of this subsection. Notwithstanding W.S. 9-2-1008,9-2-1012(e) and 9-4-207(a), unexpended and unobligated funds appropriated underthis subsection shall not lapse on June 30, 2012, but shall revert to theincome account on June 30, 2013.

 

(c) Project Lander Front mule deer:

 

(i) Project sponsor: Wyoming game and fish department;

 

(ii) Project purpose: Enhancement of aspen, bitterbrush, sumacand sagebrush habitats, and removal of undesirable vegetation in four (4) areasin proximity to Lander in order to:

 

(A) Improve winter survival and fawn survival of mule deer, elkand antelope;

 

(B) Improve overall forage conditions for deer and other wildlife;

 

(C) Provide modeling information for determining how habitatimprovement can affect mule deer populations in other areas of the state.

 

(iii) Project description: Prescribed fire, mechanical andchemical treatment of undesirable vegetation and decadent stands of desirableplant communities in four (4) areas in proximity to Lander affecting the SouthWind River mule deer herd;

 

(iv) Total project budget: Four hundred seventy-nine thousandseven hundred dollars ($479,700.00) over an anticipated period of approximatelytwo (2) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor not to exceed fourhundred four thousand three hundred eighty-eight dollars ($404,388.00) over aperiod of not more than three (3) years for the purposes specified in thissubsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thirty thousand dollars ($230,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2009, there is appropriated fromthe income account to the board one hundred seventy-four thousand three hundredeighty-eight dollars ($174,388.00) or as much thereof as is necessary to carryout the purpose of this subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e)and 9-4-207(a), unexpended and unobligated funds appropriated under thissubsection shall not lapse on June 30, 2008, but shall revert to the incomeaccount on June 30, 2012.

 

ARTICLE 3 - 2008 LARGE PROJECT FUNDING

 

9-15-301. Lake DeSmet Grasslands.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Lake DeSmet Grasslands:

 

(i) Project sponsor: Lake DeSmet conservation district;

 

(ii) Project purpose: Enhancement of sagebrush and nativegrassland habitats in Johnson county in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on antelope and muledeer ranges;

 

(C) Improve overall habitat conditions for big sagebrushobligate species.

 

(iii) Project description: Mechanical treatment of undesirablevegetation and decadent stands of desirable plant communities, including defermentand rest from seasonal livestock use, in order to create positive response fromsagebrush, native grasses and forbs;

 

(iv) Total project budget: Two million five hundred fifty-twothousand six hundred ninety-nine dollars ($2,552,699.00) over an anticipatedperiod of approximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundredthirty-five thousand dollars ($235,000.00) over a period of not more than three(3) years for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thirty-five thousand dollars ($235,000.00) oras much thereof as is necessary to carry out the purpose of this subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), unexpended andunobligated funds appropriated under this subsection shall not lapse on June30, 2010, but shall revert to the income account on June 30, 2011.

 

9-15-302. Wyoming Range Aspen Enhancement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Wyoming Range Aspen Enhancement:

 

(i) Project sponsors: Wyoming game and fish department androcky mountain elk foundation;

 

(ii) Project purpose: Enhancement of aspen and sagebrushhabitats, and removal of conifer encroachment in the Wyoming Range in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on elk and mule deersummer and transitional ranges;

 

(C) Improve overall habitat conditions for big sagebrushobligates and aspen dependent wildlife.

 

(iii) Project description: Prescribed fire and mechanicaltreatment of undesirable vegetation and decadent stands of desirable plantcommunities, including deferment and rest from seasonal livestock use, in orderto set back succession in aspen communities and create uneven aged aspen standson the eastern slope of the Wyoming Range;

 

(iv) Total project budget: Two million four hundred fortythousand dollars ($2,440,000.00) over an anticipated period of approximatelythree (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsors six hundred thirtythousand dollars ($630,000.00) over a period of not more than three (3) yearsfor the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred sixty thousand dollars ($260,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2009, there is appropriated fromthe income account to the board one hundred fifty thousand dollars ($150,000.00)or as much thereof as is necessary to carry out the purpose of this subsection.In addition to any amounts appropriated prior to 2010, there is appropriatedfrom the income account to the board two hundred twenty thousand dollars($220,000.00) or as much thereof as is necessary to carry out the purposes ofthis subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a),unexpended and unobligated funds appropriated under this subsection shall notlapse on June 30, 2010, but shall revert to the income account on June 30,2013.

 

9-15-303. Diamond H Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Diamond H Easement:

 

(i) Project sponsor: Wyoming game and fish department;

 

(ii) Project purpose: Permanent use restriction on approximatelythree thousand eight (3,008) acres in Lincoln county in order to:

 

(A) Preclude loss of habitat for sage grouse, mule deer, elk,moose, cutthroat trout, amphibians, songbirds and other species.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Two million dollars ($2,000,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor three hundredthousand dollars ($300,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpendedand unobligated funds appropriated under this subsection shall revert to theincome account on June 30, 2010.

 

9-15-304. Thunder Basin Grasslands.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Thunder Basin Grasslands:

 

(i) Project sponsor: Thunder Basin grassland prairie ecosystemassociation and Wyoming game and fish department;

 

(ii) Project purpose: Enhancement of sagebrush and nativegrassland habitats in Campbell, Converse and Weston counties in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on antelope, sagegrouse, grassland bird and mule deer habitats;

 

(C) Improve overall habitat conditions for sagebrush obligatespecies.

 

(iii) Project description: Mechanical and chemical treatment ofundesirable vegetation and decadent stands of desirable plant communities,including deferment and rest from seasonal livestock use, in order to createpositive response from sagebrush, native grasses and forbs;

 

(iv) Total project budget: Two million three hundred forty-sixthousand nine hundred fifty-two dollars ($2,346,952.00) over an anticipatedperiod of approximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsors three hundredthousand dollars ($300,000.00) over a period of not more than three (3) yearsfor the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), unexpended andunobligated funds appropriated under this subsection shall not lapse on June30, 2010, but shall revert to the income account on June 30, 2011.

 

9-15-305. Carney Ranch Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Carney Ranch Easement:

 

(i) Project sponsor: The conservation fund;

 

(ii) Project purpose: Conservation easement on approximatelythree thousand nine hundred forty-six (3,946) acres in Sublette county in orderto:

 

(A) Preclude loss of habitat for sage grouse, mule deer, elk,moose, antelope, trumpeter swans, amphibians, songbirds and other species;

 

(B) Maintain essential migration routes for antelope, elk andmule deer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Eight million nine hundred ninetythousand dollars ($8,990,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor four hundred thousanddollars ($400,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as much thereofas is necessary to carry out the purpose of this subsection. In addition toany amounts appropriated prior to 2009, there is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2011.

 

9-15-306. North Laramie Range Restoration.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project North Laramie Range Restoration:

 

(i) Project sponsor: Wyoming game and fish department androcky mountain elk foundation;

 

(ii) Project purpose: Enhancement of aspen and sagebrushhabitats, removal of conifer encroachment in the North Laramie Range in orderto:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on elk and mule deersummer and transitional ranges;

 

(C) Improve overall habitat conditions for sagebrush obligatesand aspen dependent wildlife.

 

(iii) Project description: Prescribed fire and mechanicaltreatment of undesirable vegetation and decadent stands of desirable plantcommunities, including deferment and rest from seasonal livestock use, in orderto set back succession in aspen communities and create uneven aged aspen standsthroughout the North Laramie Range;

 

(iv) Total project budget: One million one hundred thirty-onethousand nine hundred sixty dollars ($1,131,960.00) over an anticipated periodof approximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsors five hundred fortythousand twenty dollars ($540,020.00) over a period of not more than three (3)years for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2009, there is appropriated fromthe income account to the board three hundred forty thousand twenty dollars($340,020.00) or as much thereof as is necessary to carry out the purpose ofthis subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a),unexpended and unobligated funds appropriated under this subsection shall notlapse on June 30, 2010, but shall revert to the income account on June 30, 2012.

 

9-15-307. Kirby Creek Watershed.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Kirby Creek Watershed:

 

(i) Project sponsor: Hot Springs county conservation district;

 

(ii) Project purpose: Stabilization of main stem and tributariesof Kirby Creek in Hot Springs county in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Reduce or eliminate excessive soil and vegetation loss;

 

(C) Improve water quality and reduce sediment loads into theBig Horn River.

 

(iii) Project description: Installation of instream structures,off-stream water retention, vegetation treatment and grazing management inorder to decrease soil loss and retain water within the natural system;

 

(iv) Total project budget: Two million two hundred sixteenthousand eight hundred twenty-eight dollars ($2,216,828.00) over an anticipatedperiod of approximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred thousanddollars ($200,000.00) over a period of not more than three (3) years for thepurposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection.Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), unexpended andunobligated funds appropriated under this subsection shall not lapse on June30, 2010, but shall revert to the income account on June 30, 2011.

 

9-15-308. Cross Lazy Two Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Cross Lazy Two Easement:

 

(i) Project sponsor: Green River Valley land trust;

 

(ii) Project purpose: Permanent use restriction on approximatelyfour thousand four hundred fifty (4,450) acres in Sublette county in order to:

 

(A) Preclude loss of habitat for moose, mule deer, sage grouse,cutthroat trout, amphibians, songbirds and other species;

 

(B) Maintain essential migration routes for moose, elk and muledeer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Four million five hundred twenty-fivethousand nine hundred fifty dollars ($4,525,950.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor four hundred thousanddollars ($400,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board four hundred thousand dollars ($400,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2010.

 

9-15-309. Yellowtail CRM II.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Yellowtail CRM II:

 

(i) Project sponsor: Shoshone conservation district;

 

(ii) Project purpose: Removal of invasive Russian olive andsaltcedar in proximity to Yellowtail Reservoir and Yellowtail Recreation Areain order to:

 

(A) Reduce or eliminate invasive species and enhance productionof native and acclimated species which provide habitat for waterfowl, uplandgame birds, deer and other species;

 

(B) Improve hydrologic functions of the watershed;

 

(C) Improve water quality and increase water quantity.

 

(iii) Project description: Removal of invasive species throughmechanical means and treatment with chemical agents to prevent resprouting orregrowth;

 

(iv) Total project budget: One million seven hundred eightythousand dollars ($1,780,000.00) over an anticipated period of approximatelythree (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor four hundred thousanddollars ($400,000.00) over a period of not more than six (6) years for thepurposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2010, there is appropriated fromthe income account to the board one hundred ten thousand dollars ($110,000.00)or as much thereof as is necessary to carry out the purposes of thissubsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a),unexpended and unobligated funds appropriated under this subsection shall notlapse on June 30, 2010, but shall revert to the income account on June 30,2013.

 

9-15-310. Ladder Livestock Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Ladder Livestock Easement:

 

(i) Project sponsor: Little Snake River conservation district;

 

(ii) Project purpose: Permanent use restriction on approximatelyone thousand five hundred fifty (1,550) acres in Carbon county in order to:

 

(A) Preclude loss of habitat for elk, mule deer, sage grouse,fisheries, songbirds and other species.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Three million dollars($3,000,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor three hundredthousand dollars ($300,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2010.

 

9-15-311. Shirley Basin Grasslands III.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Shirley Basin Grasslands III:

 

(i) Project sponsor: Medicine Bow conservation district;

 

(ii) Project purpose: Enhancement of sagebrush and nativegrassland habitats in Carbon county in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on antelope, sagegrouse, grassland bird species and mule deer habitats;

 

(C) Improve overall habitat conditions for sagebrush obligatespecies;

 

(D) Enhance forage for livestock operations.

 

(iii) Project description: Mechanical and chemical treatment ofundesirable vegetation, water development and wetland enhancement, defermentand rest from season long livestock use, in order to create positive responsefrom sagebrush, native grasses and forbs;

 

(iv) Total project budget: One million eight thousand sixhundred ten dollars ($1,008,610.00) over an anticipated period of approximatelythree (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundredforty-seven thousand four hundred twenty dollars ($247,420.00) over a period ofnot more than three (3) years for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred forty-seven thousand four hundred twentydollars ($247,420.00) or as much thereof as is necessary to carry out thepurpose of this subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and9-4-207(a), unexpended and unobligated funds appropriated under this subsectionshall not lapse on June 30, 2010, but shall revert to the income account onJune 30, 2011.

 

ARTICLE 4 - 2009 LARGE PROJECT FUNDING

 

9-15-401. Hovendick Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Hovendick Easement:

 

(i) Project sponsor: Wyoming Stock Growers Agricultural LandTrust;

 

(ii) Project purpose: Conservation easement on approximatelyseven hundred (700) acres in Fremont county in order to:

 

(A) Preclude loss of habitat for moose, mule deer, antelope,waterfowl, amphibians, fisheries, songbirds and other species;

 

(B) Maintain essential migration routes for mule deer; and

 

(C) Maintain agricultural production.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: One million two hundred fiftythousand dollars ($1,250,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred seventythousand dollars ($270,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred seventy thousand dollars ($270,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2011.

 

9-15-402. Cottonwood-North Bench easements.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Cottonwood-North Bench Easements:

 

(i) Project sponsor: The Conservation Fund;

 

(ii) Project purpose: Conservation easement on approximatelyseven thousand one hundred twenty-eight (7,128) acres in Sublette county inorder to:

 

(A) Preclude loss of habitat for moose, mule deer, sage grouse,cutthroat trout, amphibians, songbirds and other species; and

 

(B) Maintain essential migration routes for moose, elk and muledeer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Five million nine hundred fourthousand nine hundred dollars ($5,904,900.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor seven hundred fortythousand dollars ($740,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board one hundred ninety-five thousand dollars ($195,000.00) oras much thereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2010 there is appropriated fromthe income account to the board three hundred fifty thousand dollars($350,000.00) or as much there as is necessary to carry out the purposes ofthis subsection. Unexpended and unobligated funds appropriated under thissubsection shall revert to the income account on June 30, 2013.

 

9-15-403. Sommers-Grindstone Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Sommers-Grindstone Easement:

 

(i) Project sponsor: Wyoming game and fish commission;

 

(ii) Project purpose: Conservation easement on approximatelyseven thousand six hundred ninety-five (7,695) acres in Sublette county inorder to:

 

(A) Preclude loss of habitat for moose, mule deer, sage grouse,cutthroat trout, amphibians, songbirds and other species; and

 

(B) Maintain essential migration routes for moose, elk and muledeer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Twenty-two million dollars($22,000,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor one million dollars($1,000,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board one million dollars ($1,000,000.00) or as much thereof asis necessary to carry out the purpose of this subsection. Unexpended andunobligated funds appropriated under this subsection shall revert to the incomeaccount on June 30, 2011.

 

9-15-404. Duke Place Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Duke Place Easement:

 

(i) Project sponsor: Wyoming game and fish commission;

 

(ii) Project purpose: Conservation easement on approximatelyeleven thousand three hundred four (11,304) acres in Sublette county in orderto:

 

(A) Preclude loss of habitat for moose, mule deer, elk, sagegrouse, cutthroat trout, amphibians, songbirds and other species;

 

(B) Maintain essential migration routes for moose, elk and muledeer; and

 

(C) Maintain agricultural production.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Three million dollars($3,000,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor five hundred thousanddollars ($500,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board five hundred thousand dollars ($500,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2011.

 

9-15-405. Sublette wildlife fence initiative.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Sublette Wildlife Fence Initiative:

 

(i) Project sponsor: Green River Valley Land Trust;

 

(ii) Project purpose: Promote the seasonal migration of muledeer and antelope on approximately seventy thousand (70,000) acres in southwestWyoming to reduce or eliminate loss of wildlife;

 

(iii) Project description: Modify fences that are impedingmigration route to meet standards that allow wildlife passage;

 

(iv) Total project budget: six million eighty-four thousanddollars ($6,084,000.00) over an anticipated period of approximately three (3)years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor four hundred thousanddollars ($400,000.00) over a period of not more than three (3) years for thepurposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2010, there is appropriated fromthe income account to the board an additional two hundred thousand dollars($200,000.00) or as much thereof as is necessary to carry out the purposes ofthis subsection. Unexpended and unobligated funds appropriated under thissubsection shall revert to the income account on June 30, 2013.

 

9-15-406. Cottonwood/Grass Creek Invasives.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Cottonwood/Grass Creek Invasives:

 

(i) Project sponsor: Cottonwood/Grass Creek WatershedImprovement District;

 

(ii) Project purpose: Removal of invasive Russian olive andsaltcedar in proximity to Cottonwood Creek and Grass Creek in order to:

 

(A) Reduce or eliminate invasive species and enhance productionof native and acclimated species which provide habitat for waterfowl, uplandgame birds, deer and other species;

 

(B) Improve hydrologic function of the watershed; and

 

(C) Improve water quality and quantity.

 

(iii) Project description: Remove invasive species throughmechanical means and treat necessary areas with chemical agents to preventresprouting or regrowth;

 

(iv) Total project budget: Eight hundred ninety-five thousanddollars ($895,000.00) over an anticipated period of approximately three (3)years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundredtwenty-five thousand dollars ($225,000.00) over a period of not more than three(3) years for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred twenty-five thousand dollars ($225,000.00) oras much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

9-15-407. Ring Lake Ranch Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Ring Lake Ranch Easement:

 

(i) Project sponsor: Jackson Hole Land Trust;

 

(ii) Project purpose: Conservation easement on approximatelyfour hundred nineteen (419) acres in Fremont county in order to:

 

(A) Preclude loss of habitat for big horn sheep, mule deer,elk, waterfowl, fisheries and other species; and

 

(B) Maintain essential migration routes for big horn sheep andmule deer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: One million two hundred thousanddollars ($1,200,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor three hundredthousand dollars ($300,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

9-15-408. Kendrick Dam Bypass.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Kendrick Dam Bypass:

 

(i) Project sponsor: Wyoming game and fish commission;

 

(ii) Project purpose: To allow spawning migration of nativewarm-water fishes through the construction of a channel that will allow fish toby-pass Kendrick Dam;

 

(iii) Project description: Construction of a by-pass channel onClear Creek to allow fish migration;

 

(iv) Total project budget: Seven hundred seven thousand twohundred ninety dollars ($707,290.00) over an anticipated period ofapproximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred thousanddollars ($200,000.00) over a period of not more than three (3) years for thepurposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

9-15-409. Kusel Ranch Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Kusel Ranch Easement:

 

(i) Project sponsor: Wyoming stock growers agricultural landtrust;

 

(ii) Project purpose: Conservation easement on approximately onethousand forty (1,040) acres in Sheridan county in order to:

 

(A) Preclude loss of habitat for mule deer, turkey,sharp-tailed grouse, songbirds and other species; and

 

(B) Maintain agricultural production.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Eight hundred twenty-five thousanddollars ($825,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred fiftythousand dollars ($250,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred fifty thousand dollars ($250,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

9-15-410. Baggs Deer Crossing.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Baggs Deer Crossing:

 

(i) Project sponsor: Wyoming game and fish commission;

 

(ii) Project purpose: To eliminate or reduce vehicle/wildlifecollisions in order to:

 

(A) Reduce or eliminate loss of life and property due tovehicle/wildlife collisions;

 

(B) Reduce or eliminate loss of wildlife resources that resultfrom vehicle/wildlife collisions; and

 

(C) Maintain traditional wildlife migration corridors.

 

(iii) Project description: Construction of a highway underpassstructure and associated fencing to allow mule deer passage;

 

(iv) Total project budget: One million three hundred fifty-twothousand dollars ($1,352,000.00) over an anticipated period of approximatelythree (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred fiftythousand dollars ($250,000.00) over a period of not more than three (3) yearsfor the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred fifty thousand dollars ($250,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

ARTICLE 5 - 2010 LARGE PROJECT FUNDING

 

9-15-501. Sixty Seven R

State Codes and Statutes

Statutes > Wyoming > Title9 > Chapter15

CHAPTER 15 - WILDLIFE AND NATURAL RESOURCE FUNDING ARTICLE 1GENERAL PROVISIONS

 

9-15-101. Short title.

 

This act shall be known and may be cited asthe "Wyoming Wildlife and Natural Resource Funding Act."

 

9-15-102. Definitions.

 

(a) As used in this chapter:

 

(i) "Board" means the Wyoming wildlife and naturalresource trust account board created by W.S. 9-15-104;

 

(ii) "Income account" means the Wyoming wildlife andnatural resource trust income account created by W.S. 9-15-103(b);

 

(iii) "Large project" means a project for which thetotal of all grants sought or previously awarded under this act equals orexceeds two hundred thousand dollars ($200,000.00);

 

(iv) "Natural resource heritage" means renewablenatural resources managed under a balanced stewardship that provides for theoptimization of social, economic and cultural benefits for the citizens ofWyoming;

 

(v) "Select committee" means the select naturalresource funding committee created by W.S. 28-11-401;

 

(vi) "Small project" means a project for which thetotal of all grants sought or previously awarded under this act is less thantwo hundred thousand dollars ($200,000.00);

 

(vii) "Trust account" means the Wyoming wildlife andnatural resource trust account created by W.S. 9-15-103(a);

 

(viii) "This act" means W.S. 9-15-101 through 9-15-107.

 

9-15-103. Wyoming wildlife and natural resource trust account created;income account created; expenditures; purposes.

 

(a) A trust account is created to be known as the Wyomingwildlife and natural resource trust account. The trust account shall consist ofthose funds designated to the account by law and all monies received fromfederal grants and other contributions, grants, gifts, transfers, bequests anddonations to the trust account. The trust account is specifically empowered toaccept grants, gifts, transfers, bequests and donations including those whichare limited in their purposes by the grantor. Title to any interest in anyreal property conveyed to the trust account shall be held in the name of thestate of Wyoming and shall be administered by the board of land commissioners. Funds deposited within the trust account are intended to be inviolate andconstitute a perpetual trust account which shall be invested by the statetreasurer as authorized under W.S. 9-4-715(a), (d) and (e) and in a manner toobtain the highest return possible consistent with preservation of the accountcorpus.

 

(b) The state treasurer shall credit annually to a Wyomingwildlife and natural resource trust income account the interest earned frominvestment of the trust account corpus. The legislature may, from time to time,appropriate funds directly to the income account for distribution in accordancewith the terms of this act. Such specially appropriated funds shall becredited directly by the state treasurer to the income account and areavailable to the board for award of grants as otherwise permitted by this act.

 

(c) Individuals and other entities may also grant, give,transfer, bequest or donate funds to the trust account or the income account. Such funds shall be credited by the state treasurer to either the trust accountor the income account, as appropriate, in a manner consistent with theconditions attached to their receipt.

 

(d) The board may expend funds from the income account forstaffing and other administrative expenses authorized under this act. Additionaldisbursements from the income account shall be for the following purposes:

 

(i) Improvement and maintenance of existing terrestrial habitatnecessary to maintain optimum wildlife populations;

 

(ii) Preservation of open spaces by purchase or acquisition ofdevelopment rights;

 

(iii) Improvement and maintenance of existing aquatic habitatnecessary to maintain optimum fish populations;

 

(iv) Acquisition of terrestrial or aquatic habitat when existinghabitat is determined critical, or is present in minimal amounts, andacquisition presents the necessary factor in attaining or preserving desiredwildlife or fish population levels;

 

(v) Conservation, maintenance, protection and development ofwildlife resources, the environment and Wyoming's natural resource heritage;

 

(vi) Participation in water enhancement projects to benefitaquatic habitat for fish populations and allow for other watershed enhancementsthat benefit wildlife;

 

(vii) To address and mitigate impacts detrimental to wildlifehabitat, the environment and the multiple use of renewable natural resourcesattributable to residential, mineral and industrial development;

 

(viii) To mitigate conflicts and reduce potential for diseasetransmission between wildlife and domestic livestock.

 

(e) No funds shall be made available under this act for thereintroduction of any native or nonnative game or nongame species pursuant tothe Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended.

 

(f) The board shall not have the power of eminent domain.

 

(g) No funds shall be disbursed under this act for fee simpletitle acquisition of real property, nor shall funds be disbursed under this actto purchase water rights to be held by the state of Wyoming.

 

(h) The board shall not accept any fee simple interest in realproperty but shall make recommendations to the board of land commissionersregarding acceptance of any such interest. The board of land commissionersshall only accept a fee simple interest in real property under this act, andthe Wyoming wildlife and natural resource trust account board shall only acceptany other interest in property if the property is willingly conveyed by theholder of the interest. The board of land commissioners may in its solediscretion reject any offer to convey a fee simple interest in real property toany account under this act. The Wyoming wildlife and natural resource trustaccount board may in its sole discretion reject any offer to convey any otherinterest in property to any account under this act. Any appraisal of realproperty conducted at the direction of the board or the board of landcommissioners under this act shall reflect the fair market value of theproperty.

 

(j) The Wyoming wildlife and natural resource trust accountboard may recommend that the board of land commissioners dispose of anyinterest in real property within the trust account when the board determinesthat disposal of the interest would be in the best interests of the trustaccount. The net proceeds from any disposition of real property pursuant tothis subsection shall be deposited to the trust account.

 

(k) No water right shall be accepted under this act as a gift,transfer, bequest or donation unless the right is attached to real propertyaccepted under the terms of this act. Any change of use of a water rightacquired in this manner shall be done in full compliance with all provisions ofWyoming law.

 

(m) The board shall not require public access to private landas a condition to receive any grant funds under this act.

 

9-15-104. Wildlife and natural resource trust account boardestablished; terms; meetings; duties.

 

(a) There is created the Wyoming wildlife and natural resourcetrust account board. The board shall consist of nine (9) members appointed bythe governor and confirmed by the senate, who are residents of Wyoming. Themembers shall be appointed from each of the appointment districts set forth inW.S. 5-3-101. The board membership shall reflect a broad spectrum ofexperiences including wildlife, agriculture, energy, sportsmen and tourism. Not more than five (5) members shall be of the same political party.

 

(b) Except for the initial board, each appointed member of theboard shall serve for a term of three (3) years. Of the initial appointees,three (3) members shall be appointed for one (1) year, three (3) members shallbe appointed for two (2) years and three (3) members shall be appointed forthree (3) years. The governor may remove any member as provided in W.S.9-1-202. Any vacancy occurring between sessions of the legislature may befilled by the governor as provided under W.S. 28-12-101(b). The board shallselect one (1) of its members to serve as chair.

 

(c) Administration of any funds administered by the board shallbe by the secretary to the board, who shall be employed by the board. Thesecretary shall not be housed in any agency which may be a grantee under thisact. The secretary to the board shall further act as liaison for the board toother state, federal and local governmental agencies, as well as nonprofitorganizations and members of the public who seek to provide input regardinggrant proposals.

 

(d) The board shall meet regularly. Members shall serve withoutcompensation but shall be reimbursed for expenses incurred in the performanceof their duties in the manner and amounts provided by law for state employees.

 

(e) The board shall receive and evaluate applications forgrants from the income account, shall forward applications for large projectsto the select committee for review and recommendation. The board may approvegrants for any small project. Funds in the income account are continuouslyappropriated for small project grants approved by the board and for approvedlarge projects as specified by subsection (k) of this section.

 

(f) The board shall adopt rules and regulations in accordancewith the Wyoming Administrative Procedure Act as necessary to carry out itsduties under this act, including rules to:

 

(i) Establish criteria for grants from the income account whichaccomplish the purposes of this act;

 

(ii) Establish criteria for matching funds or other in-kindcontributions from grantees;

 

(iii) Evaluate, rank and prioritize grant proposals with anemphasis on those projects that are partnerships involving private and publicentities;

 

(iv) Review and monitor grants to grantees;

 

(v) Evaluate the effects of grant proposals on citizen accessto public and state lands for hunting, fishing and recreation activities;

 

(vi) Establish criteria for the acceptance or rejection ofgifts, transfers, bequests and donations including interests in real orpersonal property, which criteria shall not be inconsistent with this act.Based on those criteria, the board shall make recommendations regarding theacceptance of any fee simple interest in real property to the board of landcommissioners. Based on those recommendations, the board of land commissionersshall make a final determination on acceptance or rejection of any fee simpleinterest in real property under this act;

 

(vii) Consider the socioeconomic impacts of the grant proposal onthe community affected;

 

(viii) Consider other necessary matters.

 

(g) In fulfilling its duties under this act the board may:

 

(i) Consult with other governmental agencies, persons and nonprofitorganizations, as necessary;

 

(ii) Accept or decline federal grants and other contributions,grants, gifts, transfers, bequests and donations of any money, personalproperty or interests in real property other than a fee simple interest fromany source. The board shall make recommendations regarding the acceptance ofany fee simple interest in real property to the board of land commissioners;

 

(iii) Participate with for profit corporations to developwildlife habitat, but may not divert financial resources to a for profitcorporation.

 

(h) The board shall annually report to the governor, the jointappropriations interim committee, the select committee and the joint travel,recreation, wildlife and cultural resources interim committee no later than September1 with respect to all federal grants, state appropriations and othercontributions, grants, gifts, bequests and donations received and credited tothe trust account and income account during the preceding fiscal year. Thereport shall include all grants awarded by the board to nonprofit andgovernmental organizations and progress made toward the condition of any grantmade.

 

(j) Until the corpus of the trust account exceeds two hundredmillion dollars ($200,000,000.00) the governor may also include in his proposedstate budget recommendations for additional funding of the corpus of the trustaccount. The governor may also include in his proposed state budgetrecommendations for additional funding of the income account.

 

(k) No funds shall initially be expended from the incomeaccount for large projects except upon specific legislative authorization.Following the initial legislative authorization to expend funds for a largeproject, the board may approve additional grants for that large project not toexceed a total of an additional one hundred thousand dollars ($100,000.00) andshall forward a notice of any such additional grant to the select committeewithin thirty (30) days of each approval. Subsequent legislative authorizationshall be required for any grant in excess of the limits of this subsection.

 

9-15-105. Grant applications; eligible entities.

 

(a) The board may only grant funds to nonprofit andgovernmental organizations. The board shall award grants to promote, preserveand enhance the wildlife, multiple use, natural resource and environmentalheritage of Wyoming and its people. The board shall have the discretion todetermine the amount of each grant and any conditions attached to the grant. For the purposes of this act, a grant shall not be used for the acquisition ofa fee title interest in real property or any interest in water rights to beheld by the state of Wyoming. Grant funds may be used for acquisition ofpersonal property related to the project receiving the grant.

 

(b) Grants by the board shall not provide a supplement to, orreplacement of, the operating budget of any governmental agency or nonprofitorganization except as those funds are directly related to the purposes of thegrant.

 

(c) No grants shall be awarded until rules and regulationsadopted by the board pursuant to W.S. 9-15-104(f) have become effective.

 

9-15-106. Audits.

 

Thedirector of the department of audit or his designee shall audit the trustaccount annually. Copies of the audit shall be provided to the governor, thejoint appropriations interim committee, the select committee and the jointtravel, recreation, wildlife and cultural resources interim committee.

 

9-15-107. Application to mineral estates.

 

No provision of this act shall be construedto alter the law of Wyoming regarding the primacy of the mineral estate, tolimit access to the mineral estate or to limit development of the mineralestate.

 

ARTICLE 2 - LARGE PROJECT FUNDING

 

9-15-201. Wyoming wildlife and natural resource large project funding;2007.

 

(a) Authorization is granted for funding of the following largeprojects as provided in this section.

 

(b) Project Bates Creek Watershed Restoration:

 

(i) Project sponsor: Wyoming game and fish department androcky mountain elk foundation;

 

(ii) Project purpose: Enhancement of aspen and sagebrushhabitats, removal of conifer encroachment in the Bates Creek Watershed in orderto:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on elk and mule deersummer and transitional ranges;

 

(C) Improve overall habitat conditions for big sagebrushobligates and aspen dependent wildlife.

 

(iii) Project description: Prescribed fire and mechanicaltreatment of undesirable vegetation and decadent stands of desirable plantcommunities, including deferment and rest from seasonal livestock use, in orderto retard succession in aspen communities and create uneven aged aspen standswithin the Bates Creek Watershed;

 

(iv) Total project budget: two million four hundred twenty-fivethousand dollars ($2,425,000.00) over an anticipated period of approximatelysixteen (16) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsors not to exceed eighthundred sixty-seven thousand two hundred ninety-three dollars ($867,293.00)over a period of not more than three (3) years for the purposes specified inthis subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2009, there is appropriated fromthe income account to the board two hundred sixty-seven thousand two hundredninety-three dollars ($267,293.00) or as much thereof as is necessary to carryout the purpose of this subsection. In addition to any amounts appropriatedprior to 2010, there is appropriated from the income account to the board threehundred thousand dollars ($300,000.00) or as much thereof as is necessary tocarry out the purposes of this subsection. Notwithstanding W.S. 9-2-1008,9-2-1012(e) and 9-4-207(a), unexpended and unobligated funds appropriated underthis subsection shall not lapse on June 30, 2012, but shall revert to theincome account on June 30, 2013.

 

(c) Project Lander Front mule deer:

 

(i) Project sponsor: Wyoming game and fish department;

 

(ii) Project purpose: Enhancement of aspen, bitterbrush, sumacand sagebrush habitats, and removal of undesirable vegetation in four (4) areasin proximity to Lander in order to:

 

(A) Improve winter survival and fawn survival of mule deer, elkand antelope;

 

(B) Improve overall forage conditions for deer and other wildlife;

 

(C) Provide modeling information for determining how habitatimprovement can affect mule deer populations in other areas of the state.

 

(iii) Project description: Prescribed fire, mechanical andchemical treatment of undesirable vegetation and decadent stands of desirableplant communities in four (4) areas in proximity to Lander affecting the SouthWind River mule deer herd;

 

(iv) Total project budget: Four hundred seventy-nine thousandseven hundred dollars ($479,700.00) over an anticipated period of approximatelytwo (2) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor not to exceed fourhundred four thousand three hundred eighty-eight dollars ($404,388.00) over aperiod of not more than three (3) years for the purposes specified in thissubsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thirty thousand dollars ($230,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2009, there is appropriated fromthe income account to the board one hundred seventy-four thousand three hundredeighty-eight dollars ($174,388.00) or as much thereof as is necessary to carryout the purpose of this subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e)and 9-4-207(a), unexpended and unobligated funds appropriated under thissubsection shall not lapse on June 30, 2008, but shall revert to the incomeaccount on June 30, 2012.

 

ARTICLE 3 - 2008 LARGE PROJECT FUNDING

 

9-15-301. Lake DeSmet Grasslands.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Lake DeSmet Grasslands:

 

(i) Project sponsor: Lake DeSmet conservation district;

 

(ii) Project purpose: Enhancement of sagebrush and nativegrassland habitats in Johnson county in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on antelope and muledeer ranges;

 

(C) Improve overall habitat conditions for big sagebrushobligate species.

 

(iii) Project description: Mechanical treatment of undesirablevegetation and decadent stands of desirable plant communities, including defermentand rest from seasonal livestock use, in order to create positive response fromsagebrush, native grasses and forbs;

 

(iv) Total project budget: Two million five hundred fifty-twothousand six hundred ninety-nine dollars ($2,552,699.00) over an anticipatedperiod of approximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundredthirty-five thousand dollars ($235,000.00) over a period of not more than three(3) years for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thirty-five thousand dollars ($235,000.00) oras much thereof as is necessary to carry out the purpose of this subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), unexpended andunobligated funds appropriated under this subsection shall not lapse on June30, 2010, but shall revert to the income account on June 30, 2011.

 

9-15-302. Wyoming Range Aspen Enhancement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Wyoming Range Aspen Enhancement:

 

(i) Project sponsors: Wyoming game and fish department androcky mountain elk foundation;

 

(ii) Project purpose: Enhancement of aspen and sagebrushhabitats, and removal of conifer encroachment in the Wyoming Range in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on elk and mule deersummer and transitional ranges;

 

(C) Improve overall habitat conditions for big sagebrushobligates and aspen dependent wildlife.

 

(iii) Project description: Prescribed fire and mechanicaltreatment of undesirable vegetation and decadent stands of desirable plantcommunities, including deferment and rest from seasonal livestock use, in orderto set back succession in aspen communities and create uneven aged aspen standson the eastern slope of the Wyoming Range;

 

(iv) Total project budget: Two million four hundred fortythousand dollars ($2,440,000.00) over an anticipated period of approximatelythree (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsors six hundred thirtythousand dollars ($630,000.00) over a period of not more than three (3) yearsfor the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred sixty thousand dollars ($260,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2009, there is appropriated fromthe income account to the board one hundred fifty thousand dollars ($150,000.00)or as much thereof as is necessary to carry out the purpose of this subsection.In addition to any amounts appropriated prior to 2010, there is appropriatedfrom the income account to the board two hundred twenty thousand dollars($220,000.00) or as much thereof as is necessary to carry out the purposes ofthis subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a),unexpended and unobligated funds appropriated under this subsection shall notlapse on June 30, 2010, but shall revert to the income account on June 30,2013.

 

9-15-303. Diamond H Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Diamond H Easement:

 

(i) Project sponsor: Wyoming game and fish department;

 

(ii) Project purpose: Permanent use restriction on approximatelythree thousand eight (3,008) acres in Lincoln county in order to:

 

(A) Preclude loss of habitat for sage grouse, mule deer, elk,moose, cutthroat trout, amphibians, songbirds and other species.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Two million dollars ($2,000,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor three hundredthousand dollars ($300,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpendedand unobligated funds appropriated under this subsection shall revert to theincome account on June 30, 2010.

 

9-15-304. Thunder Basin Grasslands.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Thunder Basin Grasslands:

 

(i) Project sponsor: Thunder Basin grassland prairie ecosystemassociation and Wyoming game and fish department;

 

(ii) Project purpose: Enhancement of sagebrush and nativegrassland habitats in Campbell, Converse and Weston counties in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on antelope, sagegrouse, grassland bird and mule deer habitats;

 

(C) Improve overall habitat conditions for sagebrush obligatespecies.

 

(iii) Project description: Mechanical and chemical treatment ofundesirable vegetation and decadent stands of desirable plant communities,including deferment and rest from seasonal livestock use, in order to createpositive response from sagebrush, native grasses and forbs;

 

(iv) Total project budget: Two million three hundred forty-sixthousand nine hundred fifty-two dollars ($2,346,952.00) over an anticipatedperiod of approximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsors three hundredthousand dollars ($300,000.00) over a period of not more than three (3) yearsfor the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), unexpended andunobligated funds appropriated under this subsection shall not lapse on June30, 2010, but shall revert to the income account on June 30, 2011.

 

9-15-305. Carney Ranch Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Carney Ranch Easement:

 

(i) Project sponsor: The conservation fund;

 

(ii) Project purpose: Conservation easement on approximatelythree thousand nine hundred forty-six (3,946) acres in Sublette county in orderto:

 

(A) Preclude loss of habitat for sage grouse, mule deer, elk,moose, antelope, trumpeter swans, amphibians, songbirds and other species;

 

(B) Maintain essential migration routes for antelope, elk andmule deer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Eight million nine hundred ninetythousand dollars ($8,990,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor four hundred thousanddollars ($400,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as much thereofas is necessary to carry out the purpose of this subsection. In addition toany amounts appropriated prior to 2009, there is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2011.

 

9-15-306. North Laramie Range Restoration.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project North Laramie Range Restoration:

 

(i) Project sponsor: Wyoming game and fish department androcky mountain elk foundation;

 

(ii) Project purpose: Enhancement of aspen and sagebrushhabitats, removal of conifer encroachment in the North Laramie Range in orderto:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on elk and mule deersummer and transitional ranges;

 

(C) Improve overall habitat conditions for sagebrush obligatesand aspen dependent wildlife.

 

(iii) Project description: Prescribed fire and mechanicaltreatment of undesirable vegetation and decadent stands of desirable plantcommunities, including deferment and rest from seasonal livestock use, in orderto set back succession in aspen communities and create uneven aged aspen standsthroughout the North Laramie Range;

 

(iv) Total project budget: One million one hundred thirty-onethousand nine hundred sixty dollars ($1,131,960.00) over an anticipated periodof approximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsors five hundred fortythousand twenty dollars ($540,020.00) over a period of not more than three (3)years for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2009, there is appropriated fromthe income account to the board three hundred forty thousand twenty dollars($340,020.00) or as much thereof as is necessary to carry out the purpose ofthis subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a),unexpended and unobligated funds appropriated under this subsection shall notlapse on June 30, 2010, but shall revert to the income account on June 30, 2012.

 

9-15-307. Kirby Creek Watershed.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Kirby Creek Watershed:

 

(i) Project sponsor: Hot Springs county conservation district;

 

(ii) Project purpose: Stabilization of main stem and tributariesof Kirby Creek in Hot Springs county in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Reduce or eliminate excessive soil and vegetation loss;

 

(C) Improve water quality and reduce sediment loads into theBig Horn River.

 

(iii) Project description: Installation of instream structures,off-stream water retention, vegetation treatment and grazing management inorder to decrease soil loss and retain water within the natural system;

 

(iv) Total project budget: Two million two hundred sixteenthousand eight hundred twenty-eight dollars ($2,216,828.00) over an anticipatedperiod of approximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred thousanddollars ($200,000.00) over a period of not more than three (3) years for thepurposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection.Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), unexpended andunobligated funds appropriated under this subsection shall not lapse on June30, 2010, but shall revert to the income account on June 30, 2011.

 

9-15-308. Cross Lazy Two Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Cross Lazy Two Easement:

 

(i) Project sponsor: Green River Valley land trust;

 

(ii) Project purpose: Permanent use restriction on approximatelyfour thousand four hundred fifty (4,450) acres in Sublette county in order to:

 

(A) Preclude loss of habitat for moose, mule deer, sage grouse,cutthroat trout, amphibians, songbirds and other species;

 

(B) Maintain essential migration routes for moose, elk and muledeer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Four million five hundred twenty-fivethousand nine hundred fifty dollars ($4,525,950.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor four hundred thousanddollars ($400,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board four hundred thousand dollars ($400,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2010.

 

9-15-309. Yellowtail CRM II.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Yellowtail CRM II:

 

(i) Project sponsor: Shoshone conservation district;

 

(ii) Project purpose: Removal of invasive Russian olive andsaltcedar in proximity to Yellowtail Reservoir and Yellowtail Recreation Areain order to:

 

(A) Reduce or eliminate invasive species and enhance productionof native and acclimated species which provide habitat for waterfowl, uplandgame birds, deer and other species;

 

(B) Improve hydrologic functions of the watershed;

 

(C) Improve water quality and increase water quantity.

 

(iii) Project description: Removal of invasive species throughmechanical means and treatment with chemical agents to prevent resprouting orregrowth;

 

(iv) Total project budget: One million seven hundred eightythousand dollars ($1,780,000.00) over an anticipated period of approximatelythree (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor four hundred thousanddollars ($400,000.00) over a period of not more than six (6) years for thepurposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2010, there is appropriated fromthe income account to the board one hundred ten thousand dollars ($110,000.00)or as much thereof as is necessary to carry out the purposes of thissubsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a),unexpended and unobligated funds appropriated under this subsection shall notlapse on June 30, 2010, but shall revert to the income account on June 30,2013.

 

9-15-310. Ladder Livestock Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Ladder Livestock Easement:

 

(i) Project sponsor: Little Snake River conservation district;

 

(ii) Project purpose: Permanent use restriction on approximatelyone thousand five hundred fifty (1,550) acres in Carbon county in order to:

 

(A) Preclude loss of habitat for elk, mule deer, sage grouse,fisheries, songbirds and other species.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Three million dollars($3,000,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor three hundredthousand dollars ($300,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2010.

 

9-15-311. Shirley Basin Grasslands III.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Shirley Basin Grasslands III:

 

(i) Project sponsor: Medicine Bow conservation district;

 

(ii) Project purpose: Enhancement of sagebrush and nativegrassland habitats in Carbon county in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on antelope, sagegrouse, grassland bird species and mule deer habitats;

 

(C) Improve overall habitat conditions for sagebrush obligatespecies;

 

(D) Enhance forage for livestock operations.

 

(iii) Project description: Mechanical and chemical treatment ofundesirable vegetation, water development and wetland enhancement, defermentand rest from season long livestock use, in order to create positive responsefrom sagebrush, native grasses and forbs;

 

(iv) Total project budget: One million eight thousand sixhundred ten dollars ($1,008,610.00) over an anticipated period of approximatelythree (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundredforty-seven thousand four hundred twenty dollars ($247,420.00) over a period ofnot more than three (3) years for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred forty-seven thousand four hundred twentydollars ($247,420.00) or as much thereof as is necessary to carry out thepurpose of this subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and9-4-207(a), unexpended and unobligated funds appropriated under this subsectionshall not lapse on June 30, 2010, but shall revert to the income account onJune 30, 2011.

 

ARTICLE 4 - 2009 LARGE PROJECT FUNDING

 

9-15-401. Hovendick Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Hovendick Easement:

 

(i) Project sponsor: Wyoming Stock Growers Agricultural LandTrust;

 

(ii) Project purpose: Conservation easement on approximatelyseven hundred (700) acres in Fremont county in order to:

 

(A) Preclude loss of habitat for moose, mule deer, antelope,waterfowl, amphibians, fisheries, songbirds and other species;

 

(B) Maintain essential migration routes for mule deer; and

 

(C) Maintain agricultural production.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: One million two hundred fiftythousand dollars ($1,250,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred seventythousand dollars ($270,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred seventy thousand dollars ($270,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2011.

 

9-15-402. Cottonwood-North Bench easements.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Cottonwood-North Bench Easements:

 

(i) Project sponsor: The Conservation Fund;

 

(ii) Project purpose: Conservation easement on approximatelyseven thousand one hundred twenty-eight (7,128) acres in Sublette county inorder to:

 

(A) Preclude loss of habitat for moose, mule deer, sage grouse,cutthroat trout, amphibians, songbirds and other species; and

 

(B) Maintain essential migration routes for moose, elk and muledeer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Five million nine hundred fourthousand nine hundred dollars ($5,904,900.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor seven hundred fortythousand dollars ($740,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board one hundred ninety-five thousand dollars ($195,000.00) oras much thereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2010 there is appropriated fromthe income account to the board three hundred fifty thousand dollars($350,000.00) or as much there as is necessary to carry out the purposes ofthis subsection. Unexpended and unobligated funds appropriated under thissubsection shall revert to the income account on June 30, 2013.

 

9-15-403. Sommers-Grindstone Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Sommers-Grindstone Easement:

 

(i) Project sponsor: Wyoming game and fish commission;

 

(ii) Project purpose: Conservation easement on approximatelyseven thousand six hundred ninety-five (7,695) acres in Sublette county inorder to:

 

(A) Preclude loss of habitat for moose, mule deer, sage grouse,cutthroat trout, amphibians, songbirds and other species; and

 

(B) Maintain essential migration routes for moose, elk and muledeer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Twenty-two million dollars($22,000,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor one million dollars($1,000,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board one million dollars ($1,000,000.00) or as much thereof asis necessary to carry out the purpose of this subsection. Unexpended andunobligated funds appropriated under this subsection shall revert to the incomeaccount on June 30, 2011.

 

9-15-404. Duke Place Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Duke Place Easement:

 

(i) Project sponsor: Wyoming game and fish commission;

 

(ii) Project purpose: Conservation easement on approximatelyeleven thousand three hundred four (11,304) acres in Sublette county in orderto:

 

(A) Preclude loss of habitat for moose, mule deer, elk, sagegrouse, cutthroat trout, amphibians, songbirds and other species;

 

(B) Maintain essential migration routes for moose, elk and muledeer; and

 

(C) Maintain agricultural production.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Three million dollars($3,000,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor five hundred thousanddollars ($500,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board five hundred thousand dollars ($500,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2011.

 

9-15-405. Sublette wildlife fence initiative.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Sublette Wildlife Fence Initiative:

 

(i) Project sponsor: Green River Valley Land Trust;

 

(ii) Project purpose: Promote the seasonal migration of muledeer and antelope on approximately seventy thousand (70,000) acres in southwestWyoming to reduce or eliminate loss of wildlife;

 

(iii) Project description: Modify fences that are impedingmigration route to meet standards that allow wildlife passage;

 

(iv) Total project budget: six million eighty-four thousanddollars ($6,084,000.00) over an anticipated period of approximately three (3)years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor four hundred thousanddollars ($400,000.00) over a period of not more than three (3) years for thepurposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2010, there is appropriated fromthe income account to the board an additional two hundred thousand dollars($200,000.00) or as much thereof as is necessary to carry out the purposes ofthis subsection. Unexpended and unobligated funds appropriated under thissubsection shall revert to the income account on June 30, 2013.

 

9-15-406. Cottonwood/Grass Creek Invasives.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Cottonwood/Grass Creek Invasives:

 

(i) Project sponsor: Cottonwood/Grass Creek WatershedImprovement District;

 

(ii) Project purpose: Removal of invasive Russian olive andsaltcedar in proximity to Cottonwood Creek and Grass Creek in order to:

 

(A) Reduce or eliminate invasive species and enhance productionof native and acclimated species which provide habitat for waterfowl, uplandgame birds, deer and other species;

 

(B) Improve hydrologic function of the watershed; and

 

(C) Improve water quality and quantity.

 

(iii) Project description: Remove invasive species throughmechanical means and treat necessary areas with chemical agents to preventresprouting or regrowth;

 

(iv) Total project budget: Eight hundred ninety-five thousanddollars ($895,000.00) over an anticipated period of approximately three (3)years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundredtwenty-five thousand dollars ($225,000.00) over a period of not more than three(3) years for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred twenty-five thousand dollars ($225,000.00) oras much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

9-15-407. Ring Lake Ranch Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Ring Lake Ranch Easement:

 

(i) Project sponsor: Jackson Hole Land Trust;

 

(ii) Project purpose: Conservation easement on approximatelyfour hundred nineteen (419) acres in Fremont county in order to:

 

(A) Preclude loss of habitat for big horn sheep, mule deer,elk, waterfowl, fisheries and other species; and

 

(B) Maintain essential migration routes for big horn sheep andmule deer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: One million two hundred thousanddollars ($1,200,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor three hundredthousand dollars ($300,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

9-15-408. Kendrick Dam Bypass.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Kendrick Dam Bypass:

 

(i) Project sponsor: Wyoming game and fish commission;

 

(ii) Project purpose: To allow spawning migration of nativewarm-water fishes through the construction of a channel that will allow fish toby-pass Kendrick Dam;

 

(iii) Project description: Construction of a by-pass channel onClear Creek to allow fish migration;

 

(iv) Total project budget: Seven hundred seven thousand twohundred ninety dollars ($707,290.00) over an anticipated period ofapproximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred thousanddollars ($200,000.00) over a period of not more than three (3) years for thepurposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

9-15-409. Kusel Ranch Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Kusel Ranch Easement:

 

(i) Project sponsor: Wyoming stock growers agricultural landtrust;

 

(ii) Project purpose: Conservation easement on approximately onethousand forty (1,040) acres in Sheridan county in order to:

 

(A) Preclude loss of habitat for mule deer, turkey,sharp-tailed grouse, songbirds and other species; and

 

(B) Maintain agricultural production.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Eight hundred twenty-five thousanddollars ($825,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred fiftythousand dollars ($250,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred fifty thousand dollars ($250,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

9-15-410. Baggs Deer Crossing.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Baggs Deer Crossing:

 

(i) Project sponsor: Wyoming game and fish commission;

 

(ii) Project purpose: To eliminate or reduce vehicle/wildlifecollisions in order to:

 

(A) Reduce or eliminate loss of life and property due tovehicle/wildlife collisions;

 

(B) Reduce or eliminate loss of wildlife resources that resultfrom vehicle/wildlife collisions; and

 

(C) Maintain traditional wildlife migration corridors.

 

(iii) Project description: Construction of a highway underpassstructure and associated fencing to allow mule deer passage;

 

(iv) Total project budget: One million three hundred fifty-twothousand dollars ($1,352,000.00) over an anticipated period of approximatelythree (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred fiftythousand dollars ($250,000.00) over a period of not more than three (3) yearsfor the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred fifty thousand dollars ($250,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

ARTICLE 5 - 2010 LARGE PROJECT FUNDING

 

9-15-501. Sixty Seven R


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title9 > Chapter15

CHAPTER 15 - WILDLIFE AND NATURAL RESOURCE FUNDING ARTICLE 1GENERAL PROVISIONS

 

9-15-101. Short title.

 

This act shall be known and may be cited asthe "Wyoming Wildlife and Natural Resource Funding Act."

 

9-15-102. Definitions.

 

(a) As used in this chapter:

 

(i) "Board" means the Wyoming wildlife and naturalresource trust account board created by W.S. 9-15-104;

 

(ii) "Income account" means the Wyoming wildlife andnatural resource trust income account created by W.S. 9-15-103(b);

 

(iii) "Large project" means a project for which thetotal of all grants sought or previously awarded under this act equals orexceeds two hundred thousand dollars ($200,000.00);

 

(iv) "Natural resource heritage" means renewablenatural resources managed under a balanced stewardship that provides for theoptimization of social, economic and cultural benefits for the citizens ofWyoming;

 

(v) "Select committee" means the select naturalresource funding committee created by W.S. 28-11-401;

 

(vi) "Small project" means a project for which thetotal of all grants sought or previously awarded under this act is less thantwo hundred thousand dollars ($200,000.00);

 

(vii) "Trust account" means the Wyoming wildlife andnatural resource trust account created by W.S. 9-15-103(a);

 

(viii) "This act" means W.S. 9-15-101 through 9-15-107.

 

9-15-103. Wyoming wildlife and natural resource trust account created;income account created; expenditures; purposes.

 

(a) A trust account is created to be known as the Wyomingwildlife and natural resource trust account. The trust account shall consist ofthose funds designated to the account by law and all monies received fromfederal grants and other contributions, grants, gifts, transfers, bequests anddonations to the trust account. The trust account is specifically empowered toaccept grants, gifts, transfers, bequests and donations including those whichare limited in their purposes by the grantor. Title to any interest in anyreal property conveyed to the trust account shall be held in the name of thestate of Wyoming and shall be administered by the board of land commissioners. Funds deposited within the trust account are intended to be inviolate andconstitute a perpetual trust account which shall be invested by the statetreasurer as authorized under W.S. 9-4-715(a), (d) and (e) and in a manner toobtain the highest return possible consistent with preservation of the accountcorpus.

 

(b) The state treasurer shall credit annually to a Wyomingwildlife and natural resource trust income account the interest earned frominvestment of the trust account corpus. The legislature may, from time to time,appropriate funds directly to the income account for distribution in accordancewith the terms of this act. Such specially appropriated funds shall becredited directly by the state treasurer to the income account and areavailable to the board for award of grants as otherwise permitted by this act.

 

(c) Individuals and other entities may also grant, give,transfer, bequest or donate funds to the trust account or the income account. Such funds shall be credited by the state treasurer to either the trust accountor the income account, as appropriate, in a manner consistent with theconditions attached to their receipt.

 

(d) The board may expend funds from the income account forstaffing and other administrative expenses authorized under this act. Additionaldisbursements from the income account shall be for the following purposes:

 

(i) Improvement and maintenance of existing terrestrial habitatnecessary to maintain optimum wildlife populations;

 

(ii) Preservation of open spaces by purchase or acquisition ofdevelopment rights;

 

(iii) Improvement and maintenance of existing aquatic habitatnecessary to maintain optimum fish populations;

 

(iv) Acquisition of terrestrial or aquatic habitat when existinghabitat is determined critical, or is present in minimal amounts, andacquisition presents the necessary factor in attaining or preserving desiredwildlife or fish population levels;

 

(v) Conservation, maintenance, protection and development ofwildlife resources, the environment and Wyoming's natural resource heritage;

 

(vi) Participation in water enhancement projects to benefitaquatic habitat for fish populations and allow for other watershed enhancementsthat benefit wildlife;

 

(vii) To address and mitigate impacts detrimental to wildlifehabitat, the environment and the multiple use of renewable natural resourcesattributable to residential, mineral and industrial development;

 

(viii) To mitigate conflicts and reduce potential for diseasetransmission between wildlife and domestic livestock.

 

(e) No funds shall be made available under this act for thereintroduction of any native or nonnative game or nongame species pursuant tothe Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended.

 

(f) The board shall not have the power of eminent domain.

 

(g) No funds shall be disbursed under this act for fee simpletitle acquisition of real property, nor shall funds be disbursed under this actto purchase water rights to be held by the state of Wyoming.

 

(h) The board shall not accept any fee simple interest in realproperty but shall make recommendations to the board of land commissionersregarding acceptance of any such interest. The board of land commissionersshall only accept a fee simple interest in real property under this act, andthe Wyoming wildlife and natural resource trust account board shall only acceptany other interest in property if the property is willingly conveyed by theholder of the interest. The board of land commissioners may in its solediscretion reject any offer to convey a fee simple interest in real property toany account under this act. The Wyoming wildlife and natural resource trustaccount board may in its sole discretion reject any offer to convey any otherinterest in property to any account under this act. Any appraisal of realproperty conducted at the direction of the board or the board of landcommissioners under this act shall reflect the fair market value of theproperty.

 

(j) The Wyoming wildlife and natural resource trust accountboard may recommend that the board of land commissioners dispose of anyinterest in real property within the trust account when the board determinesthat disposal of the interest would be in the best interests of the trustaccount. The net proceeds from any disposition of real property pursuant tothis subsection shall be deposited to the trust account.

 

(k) No water right shall be accepted under this act as a gift,transfer, bequest or donation unless the right is attached to real propertyaccepted under the terms of this act. Any change of use of a water rightacquired in this manner shall be done in full compliance with all provisions ofWyoming law.

 

(m) The board shall not require public access to private landas a condition to receive any grant funds under this act.

 

9-15-104. Wildlife and natural resource trust account boardestablished; terms; meetings; duties.

 

(a) There is created the Wyoming wildlife and natural resourcetrust account board. The board shall consist of nine (9) members appointed bythe governor and confirmed by the senate, who are residents of Wyoming. Themembers shall be appointed from each of the appointment districts set forth inW.S. 5-3-101. The board membership shall reflect a broad spectrum ofexperiences including wildlife, agriculture, energy, sportsmen and tourism. Not more than five (5) members shall be of the same political party.

 

(b) Except for the initial board, each appointed member of theboard shall serve for a term of three (3) years. Of the initial appointees,three (3) members shall be appointed for one (1) year, three (3) members shallbe appointed for two (2) years and three (3) members shall be appointed forthree (3) years. The governor may remove any member as provided in W.S.9-1-202. Any vacancy occurring between sessions of the legislature may befilled by the governor as provided under W.S. 28-12-101(b). The board shallselect one (1) of its members to serve as chair.

 

(c) Administration of any funds administered by the board shallbe by the secretary to the board, who shall be employed by the board. Thesecretary shall not be housed in any agency which may be a grantee under thisact. The secretary to the board shall further act as liaison for the board toother state, federal and local governmental agencies, as well as nonprofitorganizations and members of the public who seek to provide input regardinggrant proposals.

 

(d) The board shall meet regularly. Members shall serve withoutcompensation but shall be reimbursed for expenses incurred in the performanceof their duties in the manner and amounts provided by law for state employees.

 

(e) The board shall receive and evaluate applications forgrants from the income account, shall forward applications for large projectsto the select committee for review and recommendation. The board may approvegrants for any small project. Funds in the income account are continuouslyappropriated for small project grants approved by the board and for approvedlarge projects as specified by subsection (k) of this section.

 

(f) The board shall adopt rules and regulations in accordancewith the Wyoming Administrative Procedure Act as necessary to carry out itsduties under this act, including rules to:

 

(i) Establish criteria for grants from the income account whichaccomplish the purposes of this act;

 

(ii) Establish criteria for matching funds or other in-kindcontributions from grantees;

 

(iii) Evaluate, rank and prioritize grant proposals with anemphasis on those projects that are partnerships involving private and publicentities;

 

(iv) Review and monitor grants to grantees;

 

(v) Evaluate the effects of grant proposals on citizen accessto public and state lands for hunting, fishing and recreation activities;

 

(vi) Establish criteria for the acceptance or rejection ofgifts, transfers, bequests and donations including interests in real orpersonal property, which criteria shall not be inconsistent with this act.Based on those criteria, the board shall make recommendations regarding theacceptance of any fee simple interest in real property to the board of landcommissioners. Based on those recommendations, the board of land commissionersshall make a final determination on acceptance or rejection of any fee simpleinterest in real property under this act;

 

(vii) Consider the socioeconomic impacts of the grant proposal onthe community affected;

 

(viii) Consider other necessary matters.

 

(g) In fulfilling its duties under this act the board may:

 

(i) Consult with other governmental agencies, persons and nonprofitorganizations, as necessary;

 

(ii) Accept or decline federal grants and other contributions,grants, gifts, transfers, bequests and donations of any money, personalproperty or interests in real property other than a fee simple interest fromany source. The board shall make recommendations regarding the acceptance ofany fee simple interest in real property to the board of land commissioners;

 

(iii) Participate with for profit corporations to developwildlife habitat, but may not divert financial resources to a for profitcorporation.

 

(h) The board shall annually report to the governor, the jointappropriations interim committee, the select committee and the joint travel,recreation, wildlife and cultural resources interim committee no later than September1 with respect to all federal grants, state appropriations and othercontributions, grants, gifts, bequests and donations received and credited tothe trust account and income account during the preceding fiscal year. Thereport shall include all grants awarded by the board to nonprofit andgovernmental organizations and progress made toward the condition of any grantmade.

 

(j) Until the corpus of the trust account exceeds two hundredmillion dollars ($200,000,000.00) the governor may also include in his proposedstate budget recommendations for additional funding of the corpus of the trustaccount. The governor may also include in his proposed state budgetrecommendations for additional funding of the income account.

 

(k) No funds shall initially be expended from the incomeaccount for large projects except upon specific legislative authorization.Following the initial legislative authorization to expend funds for a largeproject, the board may approve additional grants for that large project not toexceed a total of an additional one hundred thousand dollars ($100,000.00) andshall forward a notice of any such additional grant to the select committeewithin thirty (30) days of each approval. Subsequent legislative authorizationshall be required for any grant in excess of the limits of this subsection.

 

9-15-105. Grant applications; eligible entities.

 

(a) The board may only grant funds to nonprofit andgovernmental organizations. The board shall award grants to promote, preserveand enhance the wildlife, multiple use, natural resource and environmentalheritage of Wyoming and its people. The board shall have the discretion todetermine the amount of each grant and any conditions attached to the grant. For the purposes of this act, a grant shall not be used for the acquisition ofa fee title interest in real property or any interest in water rights to beheld by the state of Wyoming. Grant funds may be used for acquisition ofpersonal property related to the project receiving the grant.

 

(b) Grants by the board shall not provide a supplement to, orreplacement of, the operating budget of any governmental agency or nonprofitorganization except as those funds are directly related to the purposes of thegrant.

 

(c) No grants shall be awarded until rules and regulationsadopted by the board pursuant to W.S. 9-15-104(f) have become effective.

 

9-15-106. Audits.

 

Thedirector of the department of audit or his designee shall audit the trustaccount annually. Copies of the audit shall be provided to the governor, thejoint appropriations interim committee, the select committee and the jointtravel, recreation, wildlife and cultural resources interim committee.

 

9-15-107. Application to mineral estates.

 

No provision of this act shall be construedto alter the law of Wyoming regarding the primacy of the mineral estate, tolimit access to the mineral estate or to limit development of the mineralestate.

 

ARTICLE 2 - LARGE PROJECT FUNDING

 

9-15-201. Wyoming wildlife and natural resource large project funding;2007.

 

(a) Authorization is granted for funding of the following largeprojects as provided in this section.

 

(b) Project Bates Creek Watershed Restoration:

 

(i) Project sponsor: Wyoming game and fish department androcky mountain elk foundation;

 

(ii) Project purpose: Enhancement of aspen and sagebrushhabitats, removal of conifer encroachment in the Bates Creek Watershed in orderto:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on elk and mule deersummer and transitional ranges;

 

(C) Improve overall habitat conditions for big sagebrushobligates and aspen dependent wildlife.

 

(iii) Project description: Prescribed fire and mechanicaltreatment of undesirable vegetation and decadent stands of desirable plantcommunities, including deferment and rest from seasonal livestock use, in orderto retard succession in aspen communities and create uneven aged aspen standswithin the Bates Creek Watershed;

 

(iv) Total project budget: two million four hundred twenty-fivethousand dollars ($2,425,000.00) over an anticipated period of approximatelysixteen (16) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsors not to exceed eighthundred sixty-seven thousand two hundred ninety-three dollars ($867,293.00)over a period of not more than three (3) years for the purposes specified inthis subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2009, there is appropriated fromthe income account to the board two hundred sixty-seven thousand two hundredninety-three dollars ($267,293.00) or as much thereof as is necessary to carryout the purpose of this subsection. In addition to any amounts appropriatedprior to 2010, there is appropriated from the income account to the board threehundred thousand dollars ($300,000.00) or as much thereof as is necessary tocarry out the purposes of this subsection. Notwithstanding W.S. 9-2-1008,9-2-1012(e) and 9-4-207(a), unexpended and unobligated funds appropriated underthis subsection shall not lapse on June 30, 2012, but shall revert to theincome account on June 30, 2013.

 

(c) Project Lander Front mule deer:

 

(i) Project sponsor: Wyoming game and fish department;

 

(ii) Project purpose: Enhancement of aspen, bitterbrush, sumacand sagebrush habitats, and removal of undesirable vegetation in four (4) areasin proximity to Lander in order to:

 

(A) Improve winter survival and fawn survival of mule deer, elkand antelope;

 

(B) Improve overall forage conditions for deer and other wildlife;

 

(C) Provide modeling information for determining how habitatimprovement can affect mule deer populations in other areas of the state.

 

(iii) Project description: Prescribed fire, mechanical andchemical treatment of undesirable vegetation and decadent stands of desirableplant communities in four (4) areas in proximity to Lander affecting the SouthWind River mule deer herd;

 

(iv) Total project budget: Four hundred seventy-nine thousandseven hundred dollars ($479,700.00) over an anticipated period of approximatelytwo (2) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor not to exceed fourhundred four thousand three hundred eighty-eight dollars ($404,388.00) over aperiod of not more than three (3) years for the purposes specified in thissubsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thirty thousand dollars ($230,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2009, there is appropriated fromthe income account to the board one hundred seventy-four thousand three hundredeighty-eight dollars ($174,388.00) or as much thereof as is necessary to carryout the purpose of this subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e)and 9-4-207(a), unexpended and unobligated funds appropriated under thissubsection shall not lapse on June 30, 2008, but shall revert to the incomeaccount on June 30, 2012.

 

ARTICLE 3 - 2008 LARGE PROJECT FUNDING

 

9-15-301. Lake DeSmet Grasslands.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Lake DeSmet Grasslands:

 

(i) Project sponsor: Lake DeSmet conservation district;

 

(ii) Project purpose: Enhancement of sagebrush and nativegrassland habitats in Johnson county in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on antelope and muledeer ranges;

 

(C) Improve overall habitat conditions for big sagebrushobligate species.

 

(iii) Project description: Mechanical treatment of undesirablevegetation and decadent stands of desirable plant communities, including defermentand rest from seasonal livestock use, in order to create positive response fromsagebrush, native grasses and forbs;

 

(iv) Total project budget: Two million five hundred fifty-twothousand six hundred ninety-nine dollars ($2,552,699.00) over an anticipatedperiod of approximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundredthirty-five thousand dollars ($235,000.00) over a period of not more than three(3) years for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thirty-five thousand dollars ($235,000.00) oras much thereof as is necessary to carry out the purpose of this subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), unexpended andunobligated funds appropriated under this subsection shall not lapse on June30, 2010, but shall revert to the income account on June 30, 2011.

 

9-15-302. Wyoming Range Aspen Enhancement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Wyoming Range Aspen Enhancement:

 

(i) Project sponsors: Wyoming game and fish department androcky mountain elk foundation;

 

(ii) Project purpose: Enhancement of aspen and sagebrushhabitats, and removal of conifer encroachment in the Wyoming Range in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on elk and mule deersummer and transitional ranges;

 

(C) Improve overall habitat conditions for big sagebrushobligates and aspen dependent wildlife.

 

(iii) Project description: Prescribed fire and mechanicaltreatment of undesirable vegetation and decadent stands of desirable plantcommunities, including deferment and rest from seasonal livestock use, in orderto set back succession in aspen communities and create uneven aged aspen standson the eastern slope of the Wyoming Range;

 

(iv) Total project budget: Two million four hundred fortythousand dollars ($2,440,000.00) over an anticipated period of approximatelythree (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsors six hundred thirtythousand dollars ($630,000.00) over a period of not more than three (3) yearsfor the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred sixty thousand dollars ($260,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2009, there is appropriated fromthe income account to the board one hundred fifty thousand dollars ($150,000.00)or as much thereof as is necessary to carry out the purpose of this subsection.In addition to any amounts appropriated prior to 2010, there is appropriatedfrom the income account to the board two hundred twenty thousand dollars($220,000.00) or as much thereof as is necessary to carry out the purposes ofthis subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a),unexpended and unobligated funds appropriated under this subsection shall notlapse on June 30, 2010, but shall revert to the income account on June 30,2013.

 

9-15-303. Diamond H Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Diamond H Easement:

 

(i) Project sponsor: Wyoming game and fish department;

 

(ii) Project purpose: Permanent use restriction on approximatelythree thousand eight (3,008) acres in Lincoln county in order to:

 

(A) Preclude loss of habitat for sage grouse, mule deer, elk,moose, cutthroat trout, amphibians, songbirds and other species.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Two million dollars ($2,000,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor three hundredthousand dollars ($300,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpendedand unobligated funds appropriated under this subsection shall revert to theincome account on June 30, 2010.

 

9-15-304. Thunder Basin Grasslands.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Thunder Basin Grasslands:

 

(i) Project sponsor: Thunder Basin grassland prairie ecosystemassociation and Wyoming game and fish department;

 

(ii) Project purpose: Enhancement of sagebrush and nativegrassland habitats in Campbell, Converse and Weston counties in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on antelope, sagegrouse, grassland bird and mule deer habitats;

 

(C) Improve overall habitat conditions for sagebrush obligatespecies.

 

(iii) Project description: Mechanical and chemical treatment ofundesirable vegetation and decadent stands of desirable plant communities,including deferment and rest from seasonal livestock use, in order to createpositive response from sagebrush, native grasses and forbs;

 

(iv) Total project budget: Two million three hundred forty-sixthousand nine hundred fifty-two dollars ($2,346,952.00) over an anticipatedperiod of approximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsors three hundredthousand dollars ($300,000.00) over a period of not more than three (3) yearsfor the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), unexpended andunobligated funds appropriated under this subsection shall not lapse on June30, 2010, but shall revert to the income account on June 30, 2011.

 

9-15-305. Carney Ranch Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Carney Ranch Easement:

 

(i) Project sponsor: The conservation fund;

 

(ii) Project purpose: Conservation easement on approximatelythree thousand nine hundred forty-six (3,946) acres in Sublette county in orderto:

 

(A) Preclude loss of habitat for sage grouse, mule deer, elk,moose, antelope, trumpeter swans, amphibians, songbirds and other species;

 

(B) Maintain essential migration routes for antelope, elk andmule deer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Eight million nine hundred ninetythousand dollars ($8,990,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor four hundred thousanddollars ($400,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as much thereofas is necessary to carry out the purpose of this subsection. In addition toany amounts appropriated prior to 2009, there is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2011.

 

9-15-306. North Laramie Range Restoration.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project North Laramie Range Restoration:

 

(i) Project sponsor: Wyoming game and fish department androcky mountain elk foundation;

 

(ii) Project purpose: Enhancement of aspen and sagebrushhabitats, removal of conifer encroachment in the North Laramie Range in orderto:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on elk and mule deersummer and transitional ranges;

 

(C) Improve overall habitat conditions for sagebrush obligatesand aspen dependent wildlife.

 

(iii) Project description: Prescribed fire and mechanicaltreatment of undesirable vegetation and decadent stands of desirable plantcommunities, including deferment and rest from seasonal livestock use, in orderto set back succession in aspen communities and create uneven aged aspen standsthroughout the North Laramie Range;

 

(iv) Total project budget: One million one hundred thirty-onethousand nine hundred sixty dollars ($1,131,960.00) over an anticipated periodof approximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsors five hundred fortythousand twenty dollars ($540,020.00) over a period of not more than three (3)years for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2009, there is appropriated fromthe income account to the board three hundred forty thousand twenty dollars($340,020.00) or as much thereof as is necessary to carry out the purpose ofthis subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a),unexpended and unobligated funds appropriated under this subsection shall notlapse on June 30, 2010, but shall revert to the income account on June 30, 2012.

 

9-15-307. Kirby Creek Watershed.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Kirby Creek Watershed:

 

(i) Project sponsor: Hot Springs county conservation district;

 

(ii) Project purpose: Stabilization of main stem and tributariesof Kirby Creek in Hot Springs county in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Reduce or eliminate excessive soil and vegetation loss;

 

(C) Improve water quality and reduce sediment loads into theBig Horn River.

 

(iii) Project description: Installation of instream structures,off-stream water retention, vegetation treatment and grazing management inorder to decrease soil loss and retain water within the natural system;

 

(iv) Total project budget: Two million two hundred sixteenthousand eight hundred twenty-eight dollars ($2,216,828.00) over an anticipatedperiod of approximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred thousanddollars ($200,000.00) over a period of not more than three (3) years for thepurposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection.Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a), unexpended andunobligated funds appropriated under this subsection shall not lapse on June30, 2010, but shall revert to the income account on June 30, 2011.

 

9-15-308. Cross Lazy Two Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Cross Lazy Two Easement:

 

(i) Project sponsor: Green River Valley land trust;

 

(ii) Project purpose: Permanent use restriction on approximatelyfour thousand four hundred fifty (4,450) acres in Sublette county in order to:

 

(A) Preclude loss of habitat for moose, mule deer, sage grouse,cutthroat trout, amphibians, songbirds and other species;

 

(B) Maintain essential migration routes for moose, elk and muledeer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Four million five hundred twenty-fivethousand nine hundred fifty dollars ($4,525,950.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor four hundred thousanddollars ($400,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board four hundred thousand dollars ($400,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2010.

 

9-15-309. Yellowtail CRM II.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Yellowtail CRM II:

 

(i) Project sponsor: Shoshone conservation district;

 

(ii) Project purpose: Removal of invasive Russian olive andsaltcedar in proximity to Yellowtail Reservoir and Yellowtail Recreation Areain order to:

 

(A) Reduce or eliminate invasive species and enhance productionof native and acclimated species which provide habitat for waterfowl, uplandgame birds, deer and other species;

 

(B) Improve hydrologic functions of the watershed;

 

(C) Improve water quality and increase water quantity.

 

(iii) Project description: Removal of invasive species throughmechanical means and treatment with chemical agents to prevent resprouting orregrowth;

 

(iv) Total project budget: One million seven hundred eightythousand dollars ($1,780,000.00) over an anticipated period of approximatelythree (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor four hundred thousanddollars ($400,000.00) over a period of not more than six (6) years for thepurposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2010, there is appropriated fromthe income account to the board one hundred ten thousand dollars ($110,000.00)or as much thereof as is necessary to carry out the purposes of thissubsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and 9-4-207(a),unexpended and unobligated funds appropriated under this subsection shall notlapse on June 30, 2010, but shall revert to the income account on June 30,2013.

 

9-15-310. Ladder Livestock Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Ladder Livestock Easement:

 

(i) Project sponsor: Little Snake River conservation district;

 

(ii) Project purpose: Permanent use restriction on approximatelyone thousand five hundred fifty (1,550) acres in Carbon county in order to:

 

(A) Preclude loss of habitat for elk, mule deer, sage grouse,fisheries, songbirds and other species.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Three million dollars($3,000,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor three hundredthousand dollars ($300,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2010.

 

9-15-311. Shirley Basin Grasslands III.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project Shirley Basin Grasslands III:

 

(i) Project sponsor: Medicine Bow conservation district;

 

(ii) Project purpose: Enhancement of sagebrush and nativegrassland habitats in Carbon county in order to:

 

(A) Improve hydrologic functions of the watershed;

 

(B) Improve quality of herbaceous forages on antelope, sagegrouse, grassland bird species and mule deer habitats;

 

(C) Improve overall habitat conditions for sagebrush obligatespecies;

 

(D) Enhance forage for livestock operations.

 

(iii) Project description: Mechanical and chemical treatment ofundesirable vegetation, water development and wetland enhancement, defermentand rest from season long livestock use, in order to create positive responsefrom sagebrush, native grasses and forbs;

 

(iv) Total project budget: One million eight thousand sixhundred ten dollars ($1,008,610.00) over an anticipated period of approximatelythree (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundredforty-seven thousand four hundred twenty dollars ($247,420.00) over a period ofnot more than three (3) years for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred forty-seven thousand four hundred twentydollars ($247,420.00) or as much thereof as is necessary to carry out thepurpose of this subsection. Notwithstanding W.S. 9-2-1008, 9-2-1012(e) and9-4-207(a), unexpended and unobligated funds appropriated under this subsectionshall not lapse on June 30, 2010, but shall revert to the income account onJune 30, 2011.

 

ARTICLE 4 - 2009 LARGE PROJECT FUNDING

 

9-15-401. Hovendick Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Hovendick Easement:

 

(i) Project sponsor: Wyoming Stock Growers Agricultural LandTrust;

 

(ii) Project purpose: Conservation easement on approximatelyseven hundred (700) acres in Fremont county in order to:

 

(A) Preclude loss of habitat for moose, mule deer, antelope,waterfowl, amphibians, fisheries, songbirds and other species;

 

(B) Maintain essential migration routes for mule deer; and

 

(C) Maintain agricultural production.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: One million two hundred fiftythousand dollars ($1,250,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred seventythousand dollars ($270,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred seventy thousand dollars ($270,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2011.

 

9-15-402. Cottonwood-North Bench easements.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Cottonwood-North Bench Easements:

 

(i) Project sponsor: The Conservation Fund;

 

(ii) Project purpose: Conservation easement on approximatelyseven thousand one hundred twenty-eight (7,128) acres in Sublette county inorder to:

 

(A) Preclude loss of habitat for moose, mule deer, sage grouse,cutthroat trout, amphibians, songbirds and other species; and

 

(B) Maintain essential migration routes for moose, elk and muledeer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Five million nine hundred fourthousand nine hundred dollars ($5,904,900.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor seven hundred fortythousand dollars ($740,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board one hundred ninety-five thousand dollars ($195,000.00) oras much thereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2010 there is appropriated fromthe income account to the board three hundred fifty thousand dollars($350,000.00) or as much there as is necessary to carry out the purposes ofthis subsection. Unexpended and unobligated funds appropriated under thissubsection shall revert to the income account on June 30, 2013.

 

9-15-403. Sommers-Grindstone Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Sommers-Grindstone Easement:

 

(i) Project sponsor: Wyoming game and fish commission;

 

(ii) Project purpose: Conservation easement on approximatelyseven thousand six hundred ninety-five (7,695) acres in Sublette county inorder to:

 

(A) Preclude loss of habitat for moose, mule deer, sage grouse,cutthroat trout, amphibians, songbirds and other species; and

 

(B) Maintain essential migration routes for moose, elk and muledeer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Twenty-two million dollars($22,000,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor one million dollars($1,000,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board one million dollars ($1,000,000.00) or as much thereof asis necessary to carry out the purpose of this subsection. Unexpended andunobligated funds appropriated under this subsection shall revert to the incomeaccount on June 30, 2011.

 

9-15-404. Duke Place Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Duke Place Easement:

 

(i) Project sponsor: Wyoming game and fish commission;

 

(ii) Project purpose: Conservation easement on approximatelyeleven thousand three hundred four (11,304) acres in Sublette county in orderto:

 

(A) Preclude loss of habitat for moose, mule deer, elk, sagegrouse, cutthroat trout, amphibians, songbirds and other species;

 

(B) Maintain essential migration routes for moose, elk and muledeer; and

 

(C) Maintain agricultural production.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Three million dollars($3,000,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor five hundred thousanddollars ($500,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board five hundred thousand dollars ($500,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2011.

 

9-15-405. Sublette wildlife fence initiative.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Sublette Wildlife Fence Initiative:

 

(i) Project sponsor: Green River Valley Land Trust;

 

(ii) Project purpose: Promote the seasonal migration of muledeer and antelope on approximately seventy thousand (70,000) acres in southwestWyoming to reduce or eliminate loss of wildlife;

 

(iii) Project description: Modify fences that are impedingmigration route to meet standards that allow wildlife passage;

 

(iv) Total project budget: six million eighty-four thousanddollars ($6,084,000.00) over an anticipated period of approximately three (3)years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor four hundred thousanddollars ($400,000.00) over a period of not more than three (3) years for thepurposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Inaddition to any amounts appropriated prior to 2010, there is appropriated fromthe income account to the board an additional two hundred thousand dollars($200,000.00) or as much thereof as is necessary to carry out the purposes ofthis subsection. Unexpended and unobligated funds appropriated under thissubsection shall revert to the income account on June 30, 2013.

 

9-15-406. Cottonwood/Grass Creek Invasives.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Cottonwood/Grass Creek Invasives:

 

(i) Project sponsor: Cottonwood/Grass Creek WatershedImprovement District;

 

(ii) Project purpose: Removal of invasive Russian olive andsaltcedar in proximity to Cottonwood Creek and Grass Creek in order to:

 

(A) Reduce or eliminate invasive species and enhance productionof native and acclimated species which provide habitat for waterfowl, uplandgame birds, deer and other species;

 

(B) Improve hydrologic function of the watershed; and

 

(C) Improve water quality and quantity.

 

(iii) Project description: Remove invasive species throughmechanical means and treat necessary areas with chemical agents to preventresprouting or regrowth;

 

(iv) Total project budget: Eight hundred ninety-five thousanddollars ($895,000.00) over an anticipated period of approximately three (3)years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundredtwenty-five thousand dollars ($225,000.00) over a period of not more than three(3) years for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred twenty-five thousand dollars ($225,000.00) oras much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

9-15-407. Ring Lake Ranch Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Ring Lake Ranch Easement:

 

(i) Project sponsor: Jackson Hole Land Trust;

 

(ii) Project purpose: Conservation easement on approximatelyfour hundred nineteen (419) acres in Fremont county in order to:

 

(A) Preclude loss of habitat for big horn sheep, mule deer,elk, waterfowl, fisheries and other species; and

 

(B) Maintain essential migration routes for big horn sheep andmule deer.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: One million two hundred thousanddollars ($1,200,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor three hundredthousand dollars ($300,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board three hundred thousand dollars ($300,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

9-15-408. Kendrick Dam Bypass.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Kendrick Dam Bypass:

 

(i) Project sponsor: Wyoming game and fish commission;

 

(ii) Project purpose: To allow spawning migration of nativewarm-water fishes through the construction of a channel that will allow fish toby-pass Kendrick Dam;

 

(iii) Project description: Construction of a by-pass channel onClear Creek to allow fish migration;

 

(iv) Total project budget: Seven hundred seven thousand twohundred ninety dollars ($707,290.00) over an anticipated period ofapproximately three (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred thousanddollars ($200,000.00) over a period of not more than three (3) years for thepurposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred thousand dollars ($200,000.00) or as muchthereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

9-15-409. Kusel Ranch Easement.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Kusel Ranch Easement:

 

(i) Project sponsor: Wyoming stock growers agricultural landtrust;

 

(ii) Project purpose: Conservation easement on approximately onethousand forty (1,040) acres in Sheridan county in order to:

 

(A) Preclude loss of habitat for mule deer, turkey,sharp-tailed grouse, songbirds and other species; and

 

(B) Maintain agricultural production.

 

(iii) Project description: Conservation easement;

 

(iv) Total project budget: Eight hundred twenty-five thousanddollars ($825,000.00);

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred fiftythousand dollars ($250,000.00) for the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred fifty thousand dollars ($250,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

9-15-410. Baggs Deer Crossing.

 

(a) Authorization is granted for funding of the following largeproject as provided in this section.

 

(b) Project: Baggs Deer Crossing:

 

(i) Project sponsor: Wyoming game and fish commission;

 

(ii) Project purpose: To eliminate or reduce vehicle/wildlifecollisions in order to:

 

(A) Reduce or eliminate loss of life and property due tovehicle/wildlife collisions;

 

(B) Reduce or eliminate loss of wildlife resources that resultfrom vehicle/wildlife collisions; and

 

(C) Maintain traditional wildlife migration corridors.

 

(iii) Project description: Construction of a highway underpassstructure and associated fencing to allow mule deer passage;

 

(iv) Total project budget: One million three hundred fifty-twothousand dollars ($1,352,000.00) over an anticipated period of approximatelythree (3) years;

 

(v) Project grant: The Wyoming wildlife and natural resourcetrust account board is authorized to grant to the sponsor two hundred fiftythousand dollars ($250,000.00) over a period of not more than three (3) yearsfor the purposes specified in this subsection;

 

(vi) Appropriation: There is appropriated from the incomeaccount to the board two hundred fifty thousand dollars ($250,000.00) or asmuch thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shallrevert to the income account on June 30, 2012.

 

ARTICLE 5 - 2010 LARGE PROJECT FUNDING

 

9-15-501. Sixty Seven R

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