INDEX TO THE BOARD OF LAND COMMISSIONERS MATTERS

Transcription

AGENDA OF THE STATE BOARD OF LAND COMMISSIONERS
February 6, 2014
Herschler Bldg., Rm. B63
8:00 a.m. to 12:00 p.m.
A.
MINUTES
1.
December 12, 2013, State Board of Land Commissioners Meeting
B.
REPORTS
C.
POLICY MATTERS-NONE
D.
SURFACE LEASE MATTERS
1.
Consider Grazing Lease Applications and Lease Renewals
2.
Consider Grazing Lease Applications and Lease Renewals
3.
Consideration of Grazing and Special Use Lease Assignments
4.
Consideration of Subleases
5.
Consider Applications for Construction of Improvements
6.
Consider Director’s Request for Cancellation of Lease, Special Use Lease
No. SU-512 (Attachment)
7.
Consider Amendment of Existing Special Use Lease No. SU-562, Edge
Wireless, LLC, Teton County, Wyoming
8.
Consider Special Use Lease Application, Lease No. SU-759, Big Horn
County, Big Horn County, Wyoming (Attachment)
9.
Consider Special Use Lease Application, Lease No. SU-775, MGTC, Inc.,
a Wyoming Corporation, Campbell County, Wyoming
10.
Consider Special Use Lease Application, Lease No. SU-779, Legacy
Reserves Operating, L.P., Crook County, Wyoming
11.
Consider Special Use Lease Application, Lease No. SU-784, Yates
Petroleum Corporation, Campbell County, Wyoming
12.
Consider Special Use Lease Application, Lease No. SU-785, Helis Oil &
Gas Company, LLC, Converse County, Wyoming
13.
Consider Special Use Lease Application, Lease No. SU-786, Helis Oil &
Gas Company, LLC, Converse County, Wyoming
14.
Consider Special Use Lease Application, Lease No. SU-788, Sinclair
Wyoming Refining Company, Carbon County, Wyoming
15.
Consider Special Use Lease Application, Lease No. SU-791, Fremont
County Community College District dba Central Wyoming College,
Fremont County, Wyoming (Institutional Land)
E.
OIL AND GAS MATTERS
1.
Consideration of Requests from Lessees/Operators for Suspension of
Production Operations for the Listed Wyoming Oil and Gas Leases, Fifth
or Less Suspension Request
2.
Consideration of Requests from Lessees/Operators for Suspensions of
Production Operations for the Listed Wyoming Oil and Gas Leases
Beyond the Fifth Suspension
3.
Consider Request from Chesapeake Energy for Royalty-Free Disposition
of State Interest in Gas from the WYOMING 36-35-72 ST A 1H Well on
State Oil and Gas Lease No. 11-00303, Section 36, Township 35 North,
Range 72 West, Converse County, Wyoming (Attachment)
4.
Consider Applications for Over-the-Counter Oil and Gas Leases
5.
Consider Request for State of Wyoming Oil and Gas Lease Term
Extension, Lease No. 05-00101 (Attachment)
6.
Consider Request for State of Wyoming Oil and Gas Lease Term
Extension, Lease No. 09-00312 (Attachment)
F.
MISCELLANEOUS MINERAL MATTERS
1.
Consider Renewal Applications for Metallic and Non-Metallic Leases
2.
Consider Applications for All Metallic and Non-Metallic Leases
3.
Consider Application for Bentonite Lease
4.
Consider Application for Bentonite Lease Renewal
Page 1 of 2
5.
6.
7.
8.
9.
Consider Applications for Coal Leases
Consider Application for Sand, Gravel, Rock Crushed for Aggregate and
Borrow Material Lease Renewal
Consider Application for Sand, Gravel, Rock Crushed for Aggregate and
Borrow Material Lease Renewal
Consider Applications for Uranium Leases
Consider Renewal Application for Uranium Lease
G.
EASEMENTS AND TEMPORARY USE PERMITS
1.
Consider Easement Applications
2.
Consider Temporary Use Permit Applications
H.
MISCELLANEOUS LAND MATTERS
1.
Consideration for Proposed Disposal of State Trust Land, 856.43 Acres,
Natrona County, Wyoming (Attachment)
2.
Consider Amendment to the Agreement for the Transfer of Land and
Interests in Land Between the Board of Land Commissioners and the
United States of America at Grand Teton National Park (Attachment)
I.
FORESTRY MATTERS
1.
Permit Sales – Information Only
2.
Final Conditional Approval of Forestry Division Trust Land Preservation
and Enhancement Account Project
*Possible Interested Parties
Page 2 of 2
MINUTES
THE STATE BOARD OF LAND COMMISSIONERS
December 12, 2013
Opening:
The regular meeting of the State Board of Land Commissioners (SBLC) was called to order by
Acting Chairman Max Maxfield at 8:20 a.m. on December 12, 2013, at the Herschler Building,
Room B63.
Board Members Present:
Max Maxfield, Acting Chairman/Secretary of State
Cynthia Cloud, State Auditor
Mark Gordon, State Treasurer
Cindy Hill, Superintendent of Public Instruction
Matthew Mead, Chairman/Governor (via conference call)
Office of State Lands and Investments (OSLI) Staff Members Present:
Bridget Hill, Director
Susan Child
Lorraine Fresquez
Bill Crapser
Jason Crowder
Ben Bump
Justin Daraie – Attorney General’s Office
A.
Minutes
1.
October 3, 2013, State Board of Land Commissioners Meeting
Cindy Hill moved to approve the Minutes for October 3, 2013. Mark Gordon
seconded the motion. The motion carried.
Board Action: Approved (Maxfield, Mead, Cloud, Gordon, and Hill voting Aye)
B.
Reports
Director Hill addressed standard reports to the Board.
C.
Policy Matters – None
Director Hill presented the following board matters that were amenable for treatment on a
consent list by the Board: Board Matters D-2 through D-21; E-1 through E-7; F-1 through F-6;
G-1 through G-2; H-3; and I-2. Board Matter I-1 is information only. Director Hill noted that all
relevant information within these board matters had been presented to the Board, in advance, for
review, and that Board Matter H-1 was withdrawn from the agenda.
NOTE: Cindy Hill recused herself from voting on the consent list due to a conflict of interest.
Cynthia Cloud moved to approve the consent list. Mark Gordon seconded the motion. The
motion carried. (Maxfield, Mead, Cloud, and Gordon voting Aye; Hill recusal)
Cynthia Cloud moved to approve the Director’s recommendations for the items set forth on the
consent list. Mark Gordon seconded the motion. The motion carried. (Maxfield, Mead, Cloud,
Gordon voting Aye; Hill recusal)
D.
Surface Lease Matters
1.
Consider accepting and issuing an order based on the Office of Administrative
Hearings' recommended decision to cancel Langley Energy Inc.'s special-use lease
(No. SU-526), and requiring Langley to reclaim the lease site
Director Hill recommended the Board accept the Office of Administrative
Hearings' Recommended Findings of Fact, Conclusions of Law, and Order, to
issue an order to cancel the Special-Use Lease No. 526 held by Langley Energy,
Inc., and require Langley Energy to remove all buildings and debris from the
leased lands and to reclaim the leased area.
D.
Surface Lease Matters (Continued)
Acting Chairman Maxfield invited the public to comment on Board Matter D-1.
Due to no one present in audience to speak on Board Matter D-1, Mark Gordon
moved to approve the Director’s recommendation. Cynthia Cloud seconded the
motion. The motion carried.
2.
Consider Grazing & Special Use Lease Assignments
Page 1 of 5
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
D.
Board Action: Approved (Maxfield, Mead, Cloud, and Gordon voting Aye; Hill
recusal)
Consider Subleases
recusal)
Consider Applications for Construction of Improvements
recusal)
Consider Amendment of Existing Special Use Lease No. SU-95, Devon Energy
Production Company, L.P., Campbell County, Wyoming
recusal)
Consider Special Use Lease Application for Renewal, Lease No. SU-118, William
D. Bauer d/b/a Windbreak Cable, Platte County, Wyoming
recusal)
Consider Special Use Lease Application for Renewal, Lease No. SU-427, Osage
Partners, LLC, Weston County, Wyoming
recusal)
Consider Amendment of Existing Special Use Lease No. Su-589, Devon Energy
Production Company, L.P., Sweetwater County, Wyoming
recusal)
Consider Special Use Lease Application, Lease No. SU-758, Roger Haefele,
Converse County, Wyoming
recusal)
Consider Special Use Lease Application, Lease No. SU-761, Yates Petroleum
Corporation, Campbell County, Wyoming
recusal)
Consider Special Use Lease Application, Lease No. SU-762, Yates Petroleum
Corporation, Campbell County, Wyoming
recusal)
Consider Special Use Lease Application, Lease No. SU-767, Sunshine Valley
Petroleum Corporation, Niobrara County, Wyoming
recusal)
Consider Special Use Lease Application, Lease No. SU-769, American Towers,
LLC, Campbell County, Wyoming
recusal)
Consider Special Use Lease Application, Lease No. SU-771, Phoenix Production
Company, Hot Springs County, Wyoming
recusal)
Consider Special Use Lease Application, Lease No. SU-772, Phoenix Production
Company, Park County, Wyoming
recusal)
Consider Special Use Lease Application, Lease No. SU-773, Beren Corporation,
Crook County, Wyoming
recusal)
Consider Special Use Lease Application, Lease No. SU-774, SM Energy
Company, Converse County, Wyoming
recusal)
Surface Lease Matters (Continued)
18.
Consider Special Use Lease Application, Lease No. SU-776, BreitBurn Operating,
LP, Park County, Wyoming
recusal)
19.
Consider Special Use Lease Application, Lease No. SU-777, Storm Cat Energy
(USA) Operating Corporation, Campbell County, Wyoming
recusal)
20.
Consider Special Use Lease Application, Lease No. SU-781, Thorofare
Resources, Inc., Carbon County, Wyoming
Page 2 of 5
21.
recusal)
Consider Special Use Lease Application, Lease No. SU-783, Wexpro Company,
Sweetwater County, Wyoming
recusal)
E.
Oil and Gas Matters
1.
Consider Request for State of Wyoming Oil and Gas Lease Term Extension, EOG
Resources, Inc.
recusal)
2.
Consider Request for State of Wyoming Oil and Gas Lease Term Extensions,
Chesapeake Exploration, LLC
recusal)
3.
Consider Results of November 6, 2013 State of Wyoming Oil and Gas Lease
Auction
recusal)
4.
Consider Applications for Over-the-Counter Oil and Gas Leases
recusal)
5.
Consideration of Requests from Lessees/Operators for Suspension of Production
Operations for the Listed Wyoming Oil and Gas Leases, Fifth or Less Suspension
Request
recusal)
6.
Operations for the Listed Wyoming Oil and Gas Leases Beyond the Fifth
Suspension
recusal)
7.
Operations for the Listed Wyoming Oil and Gas Leases Beyond the Fifth
Suspension for Brennan Oil & Gas, LLC
recusal)
F.
Miscellaneous Mineral Matters
1.
recusal)
2.
recusal)
3.
recusal)
4.
Consider Sand, Gravel, Rock Crushed for Aggregate and Borrow Material
Application
recusal)
5.
Consider Sand, Gravel, Rock Crushed for Aggregate and Borrow Material
Applications
recusal)
6.
Consider Application for Sand, Gravel, Rock Crushed for Aggregate and Borrow
Material Lease Renewal
recusal)
G.
Easements and Temporary Use Permits
1.
Consider Easement Applications
recusal)
2.
recusal)
H.
Miscellaneous Land Matters
1.
WITHDRAWN
Page 3 of 5
2.
Consider Recreational Shooting Restriction on State Trust Lands, Union Chapel
Section, Campbell County, Wyoming
Director Hill reported to the Board that OSLI has received numerous complaints
regarding vandalism on the State parcel in Campbell County. She recommended
the Board approve the recreational shooting restriction on the above referenced
parcel by adopting Board Order 2013-8, consistent with Wyoming Statute 36-2107(b).
The Board discussed that there wasn’t enough evidence of the facts to close the
road and recommended that the parcel be patrolled during hunting season, apply
more signage and reacquaint Wyoming citizens with stewardship of State parcels.
Acting Chairman Maxfield invited the public to comment on Board Matter H-2.
Public comment:
Anthony Borchard. Director, Wyoming Gun Owners Association, reported to the
Board that the association is opposed to the recommendation to restrict the parcel
from recreational shooting. Mr. Borchard further reported that there was not
enough evidence to close the parcel and specified that the local police were not
involved in the complaints. Mr. Borchard advised the Board to stop penalizing
law-abiding citizens and recommended that there should be more enforcement to
monitor the area, ban certain targets and make laws that are enforceable and
consistent.
Mark Gordon moved to table Board Matter H-2 in order for OSLI to present more
evidence. The Board indicated that it would like more awareness in the public,
particularly in the schools, as to the proper use of State Trust Lands. Matthew
Mead seconded the motion. The motion carried.
Board Action: Tabled (Maxfield, Mead, Cloud, Gordon, and Hill voting Aye)
3.
I.
Consideration of Revised Duncan Ranch Coordinated Resource Management Plan
recusal)
Forestry Matters
1.
Board Action: No Action; Information Only
2.
Consideration of Boxelder Creek 3 Forest Product Auction, Sections 27, 33 & 34,
Township 30 N., Range 76 W, Converse County, Wyoming
recusal)
Walk In Matter
1.
Consider Request for State of Wyoming Oil and Gas Lease Term Extensions
Director Hill recommended the Board approve a one (1)-year lease term extension
for Oil and Gas Lease Nos. 09-00319 and 09-00320. The extensions would be
contingent upon the submittal of the required $10,000.00 liquidated damages
bonds.
Acting Chairman Maxfield invited the public to comment on Walk In Matter No. 1.
Due to no one in the audience to comment on Walk In Matter No. 1, Cindy Hill
moved to accept the Director’s recommendation. Mark Gordon seconded the
motion. The motion carried.
Other Business
Director Hill introduced to the Board two new employees of the Office State Lands and
Investments, Matt Munford and Nick Leventis. Director Hill also announced to the Board the
retirement of Lorraine Fresquez; Executive Assistant; this would be the last Board meeting for
Ms. Fresquez.
Adjournment:
Cynthia Cloud moved to adjourn the State Board of Land Commissioners meeting. Cindy Hill
seconded the motion. (Maxfield, Mead, Cloud, Gordon, and Hill voting Aye)
The State Board of Land Commissioners meeting was adjourned at 9:20 a.m. on
December 12, 2013. The next State Board of Land Commissioners meeting will be
February 6, 2014, 8:00 a.m. in the Herschler Building, Room B63.
Page 4 of 5
Minutes submitted by:
Approved by:
Lorraine S. Fresquez, Executive Assistant
Bridget Hill
Secretary of the State Loan and Investment Board
Page 5 of 5
Summary of State Trust Land Revenue
Data as of
December 31, 2013
Narrative Summary:
Analysis of a four year revenue trend, total trust land revenues recorded from
fiscal year 2010 through fiscal year 2013, show an average net decrease of 4.5%. Special
notation should be made to events that occurred in the last quarter of fiscal year 2010 and
continued through fiscal year 2011 and into fiscal year 2012 which significantly
influenced revenue recorded for these periods. Competitive Oil and Gas Lease Auction
Sales brought a record $192 million to State coffers during fiscal years 2010, 2011 and
2012. Fiscal year 2014 projected revenues show an 11.25% decrease from 2013
revenues. Surface lease rentals and mineral royalties continue to be the major
contributors to the state’s trust land income for the five year period presented, averaging
99.71% of total revenues; 5.54% and 94.17%, respectively.
Notable Items:
Coal Production
FY 2014 coal production shows a projected 18% decrease in revenue from 2013
revenues.
FY 2013 coal production continued to bring to the state recorded high
royalties of $44.3 million, the majority received from a single producer, Peabody Energy
(DBA Powder River Coal Company).
Coal royalties do not necessarily exhibit the same general continuous production
pattern once a lease is in productive status as do oil and gas wells, which are subject to
production decline curves. Coal mines generally have a known areal extent which
constitutes minable reserves, which are embraced in a mine plan approval. Receipt of
such approval does not "force" a particular mine-out of an area before moving within
dragline/pit patterns or drifts or mining panels. Thus, in the case of mining on a State
lease, a portion may be mined in concert with other "pit" areas, or, may be mined through
in a particular portion of the State section, and then, mining may move completely off the
lease although reserves exist that still must be mined. Currently, the royalty for coal
results from concentrated mining of thirteen (13) State land leases.
Land Sales
Revenue from the sale of state land is recorded on the installment method or cash
basis, which can greatly influence the fluctuation of surface revenues in any given fiscal
period. FY 2014 land sale revenue shows a projected 99% decrease in revenue from
2013 revenues. FY 2013 land sale revenue included $16 million received from the
federal government for the purchase of the Snake River Parcel in Grand Teton National
Park.
Comparative Schedules:
Attached are summary schedules of revenues earned on state trust lands for the
period ending December 31, 2013. These schedules reflect various aspects of revenue
activity for the permanent land and land income funds, including an analysis of trust land
revenue over a period of five (5) years.
Page 1 of 2
Schedule 1
Trust Land Revenue Summary, Five Year Comparison
Schedule 1 provides a summary of trust land revenue by fiscal year, 2010 through
2014. The schedule presents actual revenue received for fiscal years 2010 through 2013.
Fiscal year 2014 revenue is projected for the twelve month period beginning July 1, 2013
and ending June 30, 2014. Projected dollars are based on actual revenues received as of
December 31, 2013.
Schedule 2
Trust Land Revenue Comparisons by Category
Schedule 2 compares trust land revenues for the fiscal years 2014 and 2013.
Revenues are presented by category and shown as a percentage of total revenue
projected/collected for the period. Notation has been made on the schedule relative to
material changes in revenue collections for each fiscal period.
Schedule 3
Trust Land Revenue Distributions
Schedule 3 presents revenue distributions to the permanent land funds, land
income funds and the general fund, as designated by W.S. 9-4-310. Additional
presentation is made showing distribution of revenue to the individual funds within these
fund classes. Notation is made to present trend information and/or material differences in
collections between years.
Schedule 4
Mineral Royalty Revenue by Source
Schedule 4 details subsurface revenues by source and as a percentage of total
revenue collected by the division. Comparisons are made between fiscal years 2014 and
2013. Additional notation is made on the schedule to present trend information and/or
material differences in collections between years.
Schedule 5
Other Trust Land Revenue by Source
Similar to Schedule 4, Schedule 5 is a presentation of trust land revenue collected
by the trust land management division. Schedule 5 details revenues by source and as a
percentage of total collections for fiscal years 2014 and 2013. Notation is made to
present trend information and/or material differences in collections between years.
Page 2 of 2
Schedule 1: Five Year Trust Land Revenue Summary
Five Year Trust Land Revenue Summary,
As of December 31, 2013
$350,000,000
$314,455,947
$300,000,000
$232,864,061
$250,000,000
$233,467,253
$223,042,930
$197,946,332
$200,000,000
$150,000,000
$100,000,000
$50,000,000
PROJECTED FY14
ACTUAL FY13
ACTUAL FY12
ACTUAL FY11
ACTUAL FY10
Fiscal Year
Five Year Trust Land Revenue Summary by Category,
$299,368,726
$300,000,000
$222,259,026
$219,588,323
$250,000,000
$194,262,535
$186,409,913
$200,000,000
$150,000,000
$PROJECTED FY14
MINERAL ROYALTY
ACTUAL FY13
ACTUAL FY12
OTHER TRUST LAND REVENUE
ACTUAL FY11
TIMBER
ACTUAL FY10
MISCELLANEOUS
$1,167
$125,378
$11,081,682
$1,909
$124,390
$14,960,923
$2,485
$130,025
$13,143,227
$1,468
$164,726
$28,614,202
$6,722
$570,091
$50,000,000
$10,959,606
$100,000,000
Schedule 2: Trust Land Revenue Comparison
Projected Fiscal Year 2014 $197,946,332 Trust Land
Revenue, As of December 31, 2013
MINERAL
ROYALTY
$186,409,912.62
94.17%
MISCELLANEOUS
$6,722.10
0.00%
OTHER TRUST
LAND REVENUE
$10,959,606.47
5.54%
TIMBER
$570,091.24
0.29%
Fiscal Year 2013 $223,042,930 Trust Land Revenue
MINERAL
REVENUE
$194,262,534.60
87.10%
MISCELLANEOUS
$1,467.51
0.00%
TIMBER
$164,725.96
0.07%
OTHER TRUST
LAND REVENUE
$28,614,201.90
12.83%
Note: Other Trust Land Revenue includes $16 million for the purchase of the Snake River Parcel in Grand Teton
National Park by the federal government.
Schedule 3: Trust Land Revenue Distributions
Projected Fiscal Year 2014 $197,946,332 Distribution to
Funds, As of December 31, 2013
PERMANENT
FUNDS
$169,307,823.28
85.53%
INCOME FUNDS
$17,105,839.16
8.64%
SCHOOL CAP CON
$8,000,000.00 GENERAL FUND
4.04%
$3,532,669.88
1.78%
Projected Fiscal Year 2014 $169,307,823 Distribution to
Permanent Funds, As of December 31, 2013
COMMON SCHOOL
$157,941,622.88
93.29%
ALL OTHER
$4,678,262.54
2.76%
UNIVERSITY
$655,771.64
0.39%
PENITENTIARY
$2,397,329.72
1.42%
STATE HOSPITAL
$78,082.12
0.05%
OMNIBUS
$3,556,754.38
2.10%
Note: Permanent lands funds receive income from sale of public lands, mineral royalties and any money designated by the Wyoming
constitution or statute (any depletable land resource). Permanent funds remain in perpetuity.
Projected Fiscal Year 2014 $17,105,839 Trust Land
Revenue Distributions to Permanent Income Funds,
COMMON SCHOOL
$16,482,539.06
96.36%
MINERS HOSPITAL
$49,393.89
0.29%
FISH HATCHERY
$18,241.80
0.11%
STATE HOME BLIND
$8,621.34
0.05%
OMNIBUS
$121,124.41
0.71%
AG COLLEGE
$285,132.46
1.67%
UNIVERSITY OF WY
$140,786.20
0.82%
Note: Permanent land income funds receive income from rental and lease of granted lands, from the investment of the corpus of the corresponding
permanent land account and from the investment of the funds in the permanent land income funds themselves. Income funds may be expended for
the establishment, maintenance and support of institutions to which they are tied. Ag College, University and Common School income accounts can
only be spent for those specific institutions. Money in Common School account is distributed to school districts by a statutory formula.
Schedule 4: Mineral Revenue
Projected Fiscal Year 2014 $186,409,913 Mineral Royalty
OIL & GAS
$136,701,187.27
73.33%
COAL
$36,324,817.93
19.49%
SODIUM & TRONA
$6,722,846.74
3.61%
ALL MINERAL
LEASES
$5,152,151.76
2.76%
SAND & GRAVEL
$281,394.08
0.15%
BENTONITE
$970,163.46
0.52%
OTHER (INCLUEDS
URANIUM)
$257,351.38
0.14%
Fiscal Year 2013 $194,262,535 Mineral Revenue
OIL & GAS
$139,734,586.01
71.93%
SODIUM & TRONA
$4,639,681.87
2.39%
ALL MINERAL
LEASES
$3,854,880.85
1.98%
COAL
$44,356,644.22
22.83%
SAND & GRAVEL
$442,021.34
0.23%
OTHER (INCLUDES
URANIUM)
$120,572.01
0.06%
BENTONITE
$1,114,148.30
0.57%
Schedule 5: Other Trust Land Revenue
Projected Fiscal Year 2014 $10,959,606 Other Trust Land
TRUST LAND
LEASES
$6,811,861.34
62.15%
FEES
$35,386.26
0.32%
RIGHT OF WAY
EASEMENTS
$1,377,742.86
12.57%
LAND SALES
$13,245.83
0.12%
SURFACE DAMAGE
$1,818,369.98
16.59%
TEMPORARY
LEASES/PERMITS
$903,000.20
8.24%
Fiscal Year 2013 $28,614,202 Other Trust Land Revenue
SURFACE DAMAGE
$1,764,194.85
TEMPORARY
6.17%
LEASES/PERMITS
$961,152.04
3.36%
TRUST LAND
LEASES
$7,324,490.54
25.60%
FEES
$31,675.72
0.11%
LAND SALES
$17,907,272.73
62.58%
RIGHT OF WAY
EASEMENTS
$625,416.02
2.19%
Note: Land Sales revenue includes $16 million for the purchase of the Snake River Parcel in Grand Teton National
Park by the federal government.
February 6, 2014
SURFACE IMPACT PAYMENT REPORT
Grazing Lease No. County
Grazing Lessee Name
Consideration Basis
Total SIP
State %
GRZ-1-7063
GRZ-1-7063
GRZ-1-7209
GRZ-1-7209
GRZ-1-7317
GRZ-1-7334
GRZ-1-7544
GRZ-1-7551
GRZ-1-7587
GRZ-1-7660
GRZ-1-7664
Laramie
Laramie
Converse
Converse
Goshen
Converse
Laramie
Converse
Goshen
Goshen
Goshen
GRZ-1-7708
Niobrara
QCS 2, LLC
QCS 2, LLC
True Ranches, LLC
True Ranches, LLC
The Yates Ranch Company
Parkerton Ranch, Inc.
Gerald and Alyce Krakow
Smith Sheep Company
C.W. Kessler Ranch
Mike and Marie K. Brown
Daryl G. Evans, Peggy J. Evans, and Kevin D.
Evans
Benchmark Ranch, LLC
GRZ-1-7839
Converse
Lee Moore Land Trust
GRZ-1-7841
GRZ-1-7841
Niobrara
Niobrara
Tetrad Corporation
Tetrad Corporation
GRZ-1-7841
GRZ-1-7841
GRZ-1-7841
GRZ-1-7855
GRZ-1-7928
GRZ-1-8052
GRZ-1-8218
GRZ-1-8267
GRZ-1-8295
Niobrara
Niobrara
Niobrara
Goshen
Converse
Converse
Goshen
Goshen
Goshen
Tetrad Corporation
Tetrad Corporation
Tetrad Corporation
Scheer Circle Triangle Ranch, Inc.
Parkerton Ranch, Inc.
Mountain Valley Livestock
Marion Thaler and Dennis Thaler
4A Ranch, LLC
Indian Meadows Ranches, Inc.
State's Share
Lessee's Share
Seismic - $10.00/acre
Powerline - $5.00/rod
$400.00
$6,400.00
$3,600.00
$1,200.00
$800.00
$1,200.00
$1,200.00
$1,795.75
$400.00
$8,000.00
$8,000.00
60
60/70
60
60
60
60
60
80
60
60/70
60/70
$240.00
$3,980.00
$2,160.00
$720.00
$480.00
$720.00
$720.00
$1,436.60
$240.00
$5,100.00
$5,100.00
$160.00
$2,420.00
$1,440.00
$480.00
$320.00
$480.00
$480.00
$359.15
$160.00
$2,900.00
$2,900.00
Well - $750/wellbore
Road - $5.00/rod
Road - $2.00/rod
Road - $.50/rod
Road - $4.00/rod
Road - $.50/rod
Road - $5.00/rod
Road - $4.00/rod
Flowline - $18.00/rod
Powerline - $20.00/rod
$2,265.00
80
$1,812.00
$453.00
$1,024.00
80
$819.20
$204.80
$30.50
$526.50
80
80
$24.40
$421.20
$6.10
$105.30
$692.40
$579.20
$439.56
$1,920.00
$2,160.00
$3,966.00
$1,380.00
$1,680.00
$4,820.00
$173.10
$144.80
$293.04
$1,280.00
$1,440.00
$2,414.00
$920.00
$1,120.00
$2,780.00
$865.50
$724.00
$732.60
$3,200.00
$3,600.00
$6,380.00
$2,300.00
$2,800.00
$7,600.00
80
80
60
60
60
60/70
60
60
60/70
PAGE 1 OF 4
February 6, 2014
Grazing Lessee Name
Consideration Basis
Total SIP
State %
GRZ-1-8421
GRZ-2-3542
GRZ-2-3578
Natrona
Sheridan
Johnson
Teapot Land LLC
GGM LLC
Charles K. Lawrence Order Buying Company
GRZ-2-3661
Campbell
Richard W. Leavitt Trust
GRZ-2-3661
Campbell
Richard W. Leavitt Trust
GRZ-2-3683
Campbell
Lexington Greer and Amanda Greer
GRZ-2-3735
GRZ-2-3753
GRZ-2-3761
Campbell
Campbell
Campbell
Floyd Land and Livestock, Inc.
Bow & Arrow Ranch, Inc.
Michael D. Odegard and Chris W. Odegard
GRZ-2-3810
GRZ-2-3826
Campbell
Campbell
Michael Merle Jordan
Gabrielle H. Manigault
GRZ-2-3902
Campbell
Iberlin Ranch
GRZ-2-3958
Campbell
Marilyn R. and Dudley P. Mackey
GRZ-2-3988
Crook
Thomas J. Wesley
GRZ-2-4001
Campbell
The Drake Family Revocable Land Trust
GRZ-2-4001
Campbell
Road - $5.00/rod
Road - $1.25/rod
UCG Gasifier Location - $300/acre
GRZ-2-4001
Campbell
Monitoring Wells - $300/site
State's Share
Lessee's Share
Well - $1,000/wellbore
$259.05
$1,000.00
$1,200.00
60
80
80
$155.43
$800.00
$960.00
$103.62
$200.00
$240.00
Road - $3.00/rod
Road - $18.00/rod
Road - $1.25/rod
Well - $818.78/wellbore
Road - $5.00/rod
Pipeline - $2.63/rod
Electric Line - $2.93/rod
Road - $2.99/rod
Road - $4.27/rod
Well - $1,428.20/wellbore
Road - $3.82/rod
Uranium Exploration - $100/hole
$1,223.00
80
$978.40
$244.60
$10,560.00
60/70/80
$6,948.00
$3,612.00
$456.00
$114.00
$570.00
80
$1,000.00
$6,250.00
$14,404.44
80
80
60/70/80
$800.00
$5,000.00
$11,523.55
$200.00
$1,250.00
$2,880.89
$2,428.92
$1,395.96
80
80
$1,943.14
$1,116.77
$485.78
$279.19
$974.04
60/70/80
$779.23
$194.81
$1,435.84
60/70/80
$1,148.67
$287.17
$3,516.15
60
$2,109.69
$1,406.46
$480.00
80
$384.00
$96.00
$20,760.00
80
$16,608.00
$4,152.00
$6,000.00
80
$4,800.00
$1,200.00
PAGE 2 OF 4
February 6, 2014
Grazing Lessee Name
Consideration Basis
GRZ-2-4001
GRZ-2-4001
GRZ-2-4067
GRZ-2-4074
Campbell
Campbell
Campbell
Campbell
J M Land & Developing Co.
Iberlin Ranch
GRZ-2-4093
Campbell
Neal B. and Amanda B. Sorenson
GRZ-2-5169
Sheridan
Hat Curved Arrow Ranch, Inc.
GRZ-2-5234
GRZ-2-5320
Sheridan
Campbell
Susan A. Puckett
Walker Creek Livestock Company, LLC
GRZ-2-5401
GRZ-2-5550
GRZ-2-5659
Campbell
Johnson
Crook
T-Chair Land Company
Dry Creek Cattle Company
Melvin Snook and Deborah Snook
GRZ-2-5663
GRZ-2-5664
Sheridan
Johnson
GRZ-2-5670
GRZ-2-5673
GRZ-2-5673
GRZ-3-6732
Johnson
Johnson
Johnson
Uinta
Earl R. and Patsye McKey
Dry Fork Land and Livestock Limited
Partnership
William Long
Indian Creek Land Company LLC
Indian Creek Land Company LLC
Jerry C. Aimone and Christine Gillins Aimone
Road - $5.00/rod
Road - $5.00/rod
Road - $5.00/rod
Road - $2.50/rod
Well -$300/wellbore
Road - $3.00/rod
Valve Set - $200/set
Well - $15,000/1st 6 acres
Well - $2,500/additional acre
Well - $5,000/2nd wellbore
Road - $10.00/rod
Well - $1,625/acre
Road - $6.00/rod
Well - $750/second wellbore
GRZ-3-6939
Park
Pitchfork Ranch, LLC
GRZ-3-7184
Carbon
Battle Mountain Co.
Total SIP
State %
State's Share
Lessee's Share
$732.00
$345.70
$500.00
$1,000.00
80
80
80
80
$585.60
$276.56
$400.00
$800.00
$146.40
$69.14
$100.00
$200.00
$1,347.50
80
$1,078.00
$269.50
$921.82
80
$737.46
$184.36
$3,750.00
$32,746.00
80
60/70/80
$3,000.00
$24,696.80
$750.00
$8,049.20
$7,000.00
$1,250.00
$6,681.80
80
80
60/70
$5,600.00
$1,000.00
$4,177.26
$1,400.00
$250.00
$2,504.54
$12,000.00
$750.00
60/70/80
60
$8,100.00
$450.00
$3,900.00
$300.00
Road - $4.50/rod
$1,000.00
$1,250.00
$1,250.00
$75.56
80
80
80
80
$800.00
$1,000.00
$1,000.00
$60.45
$200.00
$250.00
$250.00
$15.11
Well - $5,000/acre
Road - $20.00/rod
$9,962.70
60/70
$6,473.89
$3,488.81
$623.36
60/70
$374.02
$249.34
PAGE 3 OF 4
February 6, 2014
Grazing Lessee Name
Consideration Basis
Total SIP
State %
GRZ-3-7268
GRZ-3-7268
GRZ-3-7268
GRZ-3-7268
GRZ-3-7268
GRZ-3-7372
Sublette
Sublette
Sublette
Sublette
Sublette
Lincoln
Gros Ventre Investment Co.
Uinta Development
GRZ-3-7501
GRZ-3-7501
GRZ-3-8554
Sublette
Quarter Circle Five Ranch, LLC
Sublette
Quarter Circle Five Ranch LLC
Sweetwater Peter R. and Susan A. Arambel
GRZ-3-8651
GRZ-3-8763
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$1,000.00
$5,395.84
Sweetwater Vermillion Ranch Limited Partnership
Well Pad - $1,000/site
Well Pad - $1,000/site
Road - $9.00/rod
Road - $10.00/rod
Well - $1,014.53/acre
Road - $6.09/rod
Carbon
$15,000.00
TOTALS
Three Forks Ranch Corporation
State's Share
Lessee's Share
80
80
80
80
80
60/70
$800.00
$800.00
$800.00
$800.00
$800.00
$3,277.09
$200.00
$200.00
$200.00
$200.00
$200.00
$2,118.75
$354.30
$1,000.00
$6,919.91
60
80
80
$212.58
$800.00
$5,535.93
$141.72
$200.00
$1,383.98
$568.65
80
$454.92
$113.73
$10,500.00
$4,500.00
$183,512.00
$72,414.39
$255,926.39
60/70/80
PAGE 4 OF 4
Office of State Lands & Investments
TRUST LAND SALES W.S. 9-4-715 (k) & (o)
Appropriations & Cash
Initial Common School Appropriation
2005 Chpt. 191 Section 060, Footnote 4
Revenue Received Prior to FY 2014
FY 2014 Revenue
#
$ 2,000,000.00
4,000,000.00
33,240,543.54
1,269.59
Total Available to date
$
39,241,813.13
# FY13 Revenue includes $16 million for Snake River Parcel purchase in Grand Teton National Park by the federal government.
Expenditures
Duncan Ranch
X Bar Ranch Equalization Payment
Bonham Ranch Equalization Payment
Moriah Ranch
Sodergreen Lake
(5,940,019.00)
(640,957.00)
(11,250.00)
(11,148,498.99)
(595,012.80)
Total Expended to date
Amount Available
## $16,002,000 is limited to purchasing federal lands and improvements within Wyoming per W.S. 9-4-715 (o)
(18,335,737.79)
$
20,906,075.34
##
TRUST LAND SALES, EXCHANGES AND ACQUISITIONS
Total Trust Land Sales
County
Albany
Common School Trust Land Sales
Total Trust Land Exchanges
Statehood to
02-06-2014
7-01-1999 to
02-06-2014
Statehood to
02-06-2014
7-01-1999 to
02-06-2014
Acres Disposed
Acres Disposed
Acres Disposed
Acres Disposed
30,585.75
5,847.44
23,674.55
3,776.61
11.96
Common School Trust Land Exchanges
Statehood to 02-06-2014
Acres
Disposed
Acres
Acquired
20,314.74
8-01-1999 to 02-06-2014
Acres Disposed
Statehood to 02-06-2014
Acres
Acquired
7-01-1999 to 02-06-2014
Acres Acquired
Acres Disposed
11,786.91
20,167.81
11,626.91
17,542.71
Acres Disposed
Acres Acquired
9,986.54
17,395.28
9,826.54
Big Horn
14,416.59
331.96
13,072.94
Carbon
48,985.75
86.00
42,492.15
86.00
3,260.40
6,081.50
2,860.40
5,658.20
3,243.14
6,081.50
2,843.14
5,658.20
Campbell
33,279.17
2,401.03
27,733.57
2,401.03
760.00
3,632.27
120.00
120.00
760.00
3,632.27
120.00
120.00
Converse
46,255.10
640.00
25,587.36
640.00
840.64
567.45
840.64
567.45
640.00
320.00
640.00
320.00
Crook
25,979.17
290.90
528.68
290.90
528.68
290.90
528.68
160.00
320.00
1,400.00
1,538.27
2,946.26
2,414.44
2,716.26
1,774.35
781.16
827.01
21.16
18.81
1,813.22
1,381.33
440.00
480.00
24,466.74
18,726.58
24,022.51
Fremont
12,446.89
Goshen
24,419.41
1,320.53
10,673.19
1,240.53
290.90
528.68
160.00
320.00
Hot Springs
11,306.56
80.00
8,874.80
80.00
Johnson
21,081.31
735.97
16,562.24
642.64
Laramie
71,511.57
1,395.18
53,980.14
1,882.03
1,579.81
1,395.18
4,993.76
4,892.21
2,796.26
1,851.35
Lincoln
17,505.38
38.70
10,191.35
38.70
Natrona
20,786.37
1,446.22
16,818.14
1,446.22
781.16
827.01
21.16
18.81
1,946.42
1,448.03
Niobrara
18,462.96
40.00
10,410.47
40.00
Park
29,577.09
8.02
16,706.40
8.02
4.15
10.00
Platte
39,503.79
1,001.69
26,093.59
1,161.69
440.00
480.00
Sublette
16,012.78
590.55
840.69
Sheridan
19,821.20
14,011.35
440.00
480.00
4.15
10.00
440.00
480.00
590.55
840.69
102,511.27
1,292.31
47,666.48
1,204.59
540.90
163.00
60.90
80.00
Sweetwater
9,548.21
79.68
7,582.92
39.54
3,200.00
11,201.12
3,200.00
1,526.12
Teton
3,889.96
86.32
3,717.27
86.32
39.59
39.85
39.59
39.85
Uinta
4,279.26
4,117.87
16,175.82
13,640.49
Washakie
Weston
Grand Totals
10,059.19
50.00
9,186.43
50.00
2,452.12
577.54
628,579.35
16,881.05
446,637.41
14,349.03
42,497.36
44,976.07
Acres Disposed
through Exchange
Acres Sold
Land Sold to State
Parks
Land Sold to Game &
Fish
Summary of Common School Lands since July 1999
Acres Acquired through
24,325.58
Exchange
18,587.77
14,349.03
Petrotomics Donation
2,641.09
1,523.59
Westland Acquistion
1,105.56
Duncan Acquistion
6,439.11
15.30
Sodergreen Acquisition
Total Acres Disp:
27,537.17
40,213.50
278.26
Moriah Acquisition
12,947.27
Total Acres Acquired:
41,999.06
Net Gain State Acreage:
1,785.56
20,851.40
2,452.12
577.54
36,364.70
30,584.24
February 6, 2014
BOARD MATTER D - 1
ACTION:
CONSIDER GRAZING LEASE APPLICATIONS AND LEASE RENEWAL
AUTHORITY:
W.S. 36-5-105(a); Board of Land Commissioners’ Rules and Regulations, Chapter 4
Lease No
Applicant
County
Address
1-7062
JAMES G. FITZHUGH
Converse
1-7068
LONE BEAR RANCH CO.
1-7195
Aums
Annual Rental
Douglas, WY
15
$76.95
Natrona
Midwest, WY
171
$877.23
DOROTHY JOAN REILLY
Niobrara
Van Tassell, WY
0
$800.00
1-7373
MCWILLIAMS LAND COMPANY, LLC
Laramie
Cheyenne, WY
243
$1,246.59
1-7522
LESLIE F. TALKINGTON AND NANCY L. TALKINGTON
Laramie
Hillsdale, WY
246
$1,261.98
1-7998
TRH RANCH INC., A WYOMING CORPORATION
Niobrara
Lance Creek, WY
169
$866.97
1-8008
TEMPTAN, INC., A LOUISIANA CORPORATION
Goshen
Niobrara
Deridder, LA
296
$1,518.48
1-8013
MAGOON RANCH, A GENERAL PARTNERSHIP
Niobrara
Lusk, WY
231
$1,185.03
1-8065
DANIEL J. GAUKEL AND CHERYL A. GAUKEL, HUSBAND AND WIFE,
AS TENANTS IN COMMON
Niobrara
Keeline, WY
226
$1,159.38
1-8067
MARK A. AND ROSE F. BEBO, HUSBAND AND WIFE
Niobrara
Wheatland, WY
138
$707.94
1-8070
MONTY L. FINLEY, BARBARA F. FINLEY, MICHELLE KREMERS, CODY KREMERS
Niobrara
Lance Creek, WY
141
$723.33
1-8089
JOHNSON FAMILY RANCHES, LLC
Niobrara
Lusk, WY
1,004
$5,150.52
1-8094
ROBERT L. STODDARD AND GAIL L. STODDARD
Niobrara
Douglas, WY
163
$836.19
1-8117
JAMES J. WASSERBURGER
Niobrara
Lusk, WY
171
$877.23
1-8130
ROBERT F. CHRISTENSEN AND JANET K. CHRISTENSEN
Niobrara
Gillette, WY
0
$5,112.50
1-8136
D & B MOEN RANCH, LLC
Niobrara
Lusk, WY
300
$1,539.00
Page 1 of 3
1-8166
JAMES WILLIAM KRUSE LAND TRUST
Niobrara
Lance Creek, WY
173
$887.49
1-8167
FOSHER'S HIDDEN VALLEY RANCH, LLC, A WYOMING LIMITED
LIABILITY COMPANY
Niobrara
Manville, WY
56
$287.28
1-8172
IRENE STORY, TRUSTEE OF THE STORY FAMILY TRUST DATED FEBRUARY 18, 2004
Niobrara
Lusk, WY
69
$353.97
1-8181
GLENN E. DIAZ
Niobrara
Pattison, MS
133
$682.29
1-8196
J.P. WERNER & SONS INC.
Niobrara
Lance Creek, WY
194
$995.22
1-8214
MARK STEVEN LOHR, TRUSTEE OF THE MARK STEVEN LOHR TRUST
OF JUNE 18, 1998
Niobrara
Lusk, WY
280
$1,436.40
1-8215
CARRIE TSCHACHER
Niobrara
Lusk, WY
16
$82.08
1-8242
BONANDER RANCHES LLC, A WYOMING LIMITED LIABILITY COMPANY
Albany
Casper, WY
124
$636.12
1-8251
ROBERT J. GASKILL, TRUSTEE OF ROBERT J. GASKILL REVOCABLE
LIVING TRUST U/A DECEMBER 17, 1999
Niobrara
Newcastle, WY
141
$723.33
1-8274
ISENBERGER LAND LLC
Campbell
Converse
Gillette, WY
359
$1,841.67
1-8303
FLYING COWBOY, INC.
Niobrara
Lance Creek, WY
194
$995.22
1-8312
WYOMING MILITARY DEPARTMENT
Platte
Cheyenne, WY
76
$389.88
1-8331
ROCK CREEK RANCH I, LTD., A TEXAS LIMITED PARTNERSHIP
Goshen
Houston, TX
216
$20,041.40
1-8332
TOLLMAN RANCH LLC
Niobrara
Lusk, WY
149
$764.37
1-8338
TETRAD CORPORATION, A WYOMING CORPORATION
Niobrara
Lusk, WY
36
$184.68
1-8436
FERGUSON RANCH, INC.
Albany
Cheyenne, WY
17
$87.21
1-8656
TRAVIS REID WILLS TRUST, TRAVIS R. WILLS, TRUSTEE
Converse
Douglas, WY
5
$25.65
1-8792
GEOFFREY THOMPSON AND SHAUNA MCKUSKER, HUSBAND AND WIFE
Laramie
Cheyenne, WY
40
$205.20
1-8803
JAMES B. MENG AND DEBORAH S. MENG, HUSBAND AND WIFE
Niobrara
Lusk, WY
208
$1,067.04
Page 2 of 3
1-8830
BARRY TRAVNICEK AND SARA TRAVNICEK, HUSBAND AND WIFE, AS
JOINT TENANTS WITH RIGHT OF SURVIVORSHIP
Niobrara
Keeline, WY
1-8866
HARRY L. & MARYEVELYN J. KREJCI
Niobrara
Lance Creek, WY
31
$159.03
184
$943.92
DIRECTOR'S RECOMMENDATION:
The Director recommends approval of these lease applications at the annual rental shown. The annual rental is based on $5.13/AUM for 2014. The leases are to be issued for a ten (10) year term.
BOARD ACTION: _____________________________________________________________________________________________
Page 3 of 3
February 6, 2014
BOARD MATTER D - 2
ACTION:
CONSIDER GRAZING LEASE APPLICATIONS AND LEASE RENEWAL
AUTHORITY:
W.S. 36-5-105(a); Board of Land Commissioners’ Rules and Regulations, Chapter 4
Lease No
Applicant
County
Address
2-3924
STUART FRANK GOSNEY AND CYDNEY GOSNEY LONG
Johnson
2-3926
LONETREE LAND AND LIVESTOCK LLC
2-3927
Aums
Annual Rental
Kaycee, WY
110
$564.30
Weston
Newcastle, WY
171
$877.23
DALE E. GOSNEY
Johnson
Kaycee, WY
43
$220.59
2-3928
ESTATE OF CHARLES H. EVITT
Johnson
Buffalo, WY
171
$877.23
2-3930
AC RANCH INC., A WYOMING CORPORATION
Sheridan
Sheridan, WY
60
$307.80
2-3933
GEORGE G. KOBIELUSZ AND LORRAINE V. KOBIELUSZ
Sheridan
Wyarno, WY
47
$241.11
2-3934
RBJ RANCH WEST, LLC
Crook
Sundance, WY
118
$605.34
2-3935
TIM & JACKIE REIMLER
Johnson
Buffalo, WY
193
$990.09
2-3936
WILLIAM P. PARKS, III
Campbell
Weston, WY
210
$1,077.30
2-3937
KRISTY KAY BENSON
Weston
Sundance, WY
241
$1,236.33
2-3938
RED CANYON RANCH, INC., A WYOMING CORPORATION
Johnson
Kaycee, WY
24
$123.12
2-3939
DIANE SIMON
Weston
Newcastle, WY
11
$56.43
2-3942
JOHN D. SWENSON
Crook
Sundance, WY
61
$312.93
2-3943
AARON L. PELTIER
Campbell
Recluse, WY
433
$2,221.29
2-3944
J2, INC., A WYOMING CORPORATION
Sheridan
Sheridan, WY
69
$353.97
2-3945
WILLIAM L. BUTCHER AND JACQUES Y. BUTCHER
Campbell
Custer, SD
504
$2,585.52
Page 1 of 11
2-3947
DOROTHY R. ELSOM, TRUSTEE OF THE D & D ELSOM TRUST DATED JULY 18, 1997
Johnson
Buffalo, WY
39
$200.07
2-3949
WALTER L. ELM
Johnson
Kaycee, WY
120
$615.60
2-3950
ALLEN E. SLAGLE
Weston
Newcastle, WY
133
$682.29
2-3952
ALBERTA L. REYNOLDS
Crook
Oshoto, WY
187
$959.31
2-3953
DEER TRACK RANCH, LLC
Campbell
Gillette, WY
172
$882.36
2-3954
EDITH CLARKE HARPER
Sheridan
Parkman, WY
36
$184.68
2-3955
HELEN M. ESPY, CLAY E. ESPY, MYRTLE DELL NABZESKA
Johnson
Coarsegold, CA
133
$682.29
2-3956
JANET PERINO
Weston
Newcastle, WY
293
$1,503.09
2-3958
HAROLD'S PLACE, LLC
Campbell
Gillette, WY
135
$692.55
2-3959
SPRING CREEK LIVESTOCK COMPANY
Crook
Sundance, WY
109
$559.17
2-3960
JOHN WILLIAM WALSH
Sheridan
San Antonio, TX
138
$707.94
2-3961
KAYCEE LAND & LIVESTOCK, A GENERAL PARTNERHSIP
Johnson
Casper, WY
29
$148.77
2-3962
HARDESTY LAND & LIVESTOCK, LLC, A WYOMING LIMITED LIABILITY COMPANY
Sheridan
Wyarno, WY
410
$2,103.30
2-3963
HAP GODLEY TRUST, GARY M. GODLEY AND CHERYL A. GODLEY
Johnson
Kaycee, WY
196
$1,005.48
2-3964
BEN N. GARMAN AND LORI L. GARMAN
Crook
Belle Fourche, SD
200
$1,026.00
2-3965
ROBERT R. ROUSH AND DONA M. ROUSH
Campbell
Gillette, WY
170
$872.10
2-3966
INYAN KARA GRAZING ASSOCIATION
Weston
Newcastle, WY
101
$518.13
2-3967
PAXTON E. MACKEY REVOCABLE TRUST
Campbell
Gillette, WY
181
$928.53
2-3968
CARL KENARD KNUDSON
Johnson
Arvada, WY
124
$636.12
2-3969
FARMLAND RESERVE, INC.
Sheridan
Clearmont, WY
34
$174.42
Page 2 of 11
2-3970
D & W LIVESTOCK COMPANY, INCORPORATED
Weston
Newcastle, WY
2-3971
TWENTY MILE LAND COMPANY, LLC
Campbell
2-3972
WARREN J. BURKE
2-3973
2,142
$10,988.46
Gillette, WY
197
$1,010.61
Sheridan
Sheridan, WY
132
$677.16
DRY FORK LAND & LIVESTOCK, LIMITED PARTNERSHIP
Johnson
Edgerton, WY
151
$774.63
2-3974
SUNNY I. TAYLOR AND ROBIN L. TAYLOR
Johnson
Kaycee, WY
207
$1,061.91
2-3975
KEN BALKENBUSH
Sheridan
Sheridan, WY
165
$846.45
2-3976
DELBERT L. EITEL AND KEITH EITEL
Crook
Kaycee, WY
32
$164.16
2-3977
DON BALDWIN FAMILY LIMITED PARTNERSHIP AND GENE BALDWIN
Weston
Newcastle, WY
270
$1,385.10
2-3978
IBERLIN RANCH PARTNERSHIP, A WYOMING GENERAL PARTNERSHIP
Johnson
Buffalo, WY
169
$866.97
2-3980
L-G LAND & CATTLE, LLC
Johnson
Casper, WY
58
$297.54
2-3981
ROBERT L. DILLINGER AND CLARALEE DILLINGER HUSBAND AND
WIFE AS TENANTS BY THE ENTIRETIES
Campbell
Gillette, WY
23
$117.99
2-3983
RICHARD D. HAGLUND & PATRICIA ANN HAGLUND
Weston
Newcastle, WY
192
$984.96
2-3984
BOBBY HARRIS
Campbell
Highmore, SD
417
$2,139.21
2-3987
JOSEPHINE A. FULTON AND BONNIE JO (FULTON) WHITNEY
Weston
Upton, WY
153
$784.89
2-3988
THOMAS J. WESLEY
Crook
Oshoto, WY
80
$410.40
2-3990
SOURDOUGH RANCH, INC.
Crook
Hulett, WY
80
$410.40
2-3991
PICKREL LAND & CATTLE CO., INC.
Crook
Gillette, WY
162
$831.06
2-3992
FLOYD C. RENO AND SONS, INC.
Campbell
Gillette, WY
175
$897.75
2-3993
FLYING T LAND COMPANY LIMITED PARTNERSHIP, AN UNDIVIDED 1/2
INTEREST AND LITTLE BUFFALO RANCH, LLC, AN UNDIVIDED 1/2
INTEREST
Campbell
Gillette, WY
186
$954.18
Page 3 of 11
2-3994
PATRICK A. AND MARY S. TLUSTOS, HUSBAND AND WIFE, AS
JOINT TENANTS WITH FULL RIGHT OF SURVIVORSHIP
Weston
Rapid City, SD
52
$266.76
2-3995
SHEELEY RANCH (A CORPORATION)
Sheridan
Parkman, WY
17
$87.21
2-3999
TERRANCE AND CINDY PERSSON, HUSBAND AND WIFE, TENANTS
BY ENTIRETY
Campbell
Gillette, WY
199
$1,020.87
2-4000
BALLEK LAND & LIVESTOCK, INC.
Johnson
Clearmont, WY
568
$2,913.84
2-4001
THE DRAKE FAMILY REVOCABLE LAND TRUST, DATED SEPTEMBER 8, 2004
Campbell
Phoenix, AZ
194
$995.22
2-4002
WILLIAM D. RAMSBOTTOM
Johnson
Buffalo, WY
197
$1,010.61
2-4003
BANK OF JACKSON HOLE, TRUSTEE OF THE JOY LUCILLE HALL AND DEAN W. HALL
TRUST DATED JULY 10, 1973
Campbell
Jackson, WY
179
$918.27
2-4004
FIRST NORTHERN BANK OF WYOMING, SUCCESSOR TRUSTEE OF THE ALFRED J. &
PEGGE A. COOKSLEY TRUST, DTD 10-24-06
Sheridan
Buffalo, WY
189
$969.57
2-4005
CARL KRETSCHMAN, ONE HALF INTEREST AND RUTH ELLEN RECH, PATTY JO
FISHER, WANDA JEAN CROWLEY, JANICE DIANE COOK, JIMMY DEAN OLIVER,
JACKIE LYNN OLIVER, MICHELE MARIE OLIVER, KELLY SUE OLIVER, ONE HALF
INTEREST
Campbell
Weston, WY
61
$312.93
2-4006
T.R. LAND, LLC, A WYOMING LIMITED LIABILITY COMPANY
Johnson
Buffalo, WY
199
$1,020.87
2-4007
BAR 76 LIMITED LIABILITY COMPANY, A WYOMING LIMITED
LIABILITY COMPANY
Campbell
Gillette, WY
196
$1,005.48
2-4008
GMK LLC, A WYOMING LIMITED LIABILITY COMPANY
Johnson
Stamford, CT
223
$1,143.99
2-4009
SAUNDERS LAND & LIVESTOCK COMPANY, LLC
Weston
Gillette, WY
225
$1,154.25
2-4010
PADLOCK RANCH COMPANY, INC.
Sheridan
Ranchester, WY
143
$733.59
2-4011
WILLIAM H. POWNALL
Campbell
Gillette, WY
180
$923.40
2-4012
JACK R. WILSON
Sheridan
Lodge Grass, MT
32
$164.16
2-4013
JOHN A. ELSOM AND VALERIE LONG
Johnson
Buffalo, WY
65
$333.45
2-4014
RANDALL LEE CLABAUGH
Sheridan
Arvada, WY
10
$51.30
Page 4 of 11
2-4015
DANIELS FAMILY TRUST, AN UNDIVIDED 1/3 INTEREST, SECOND AMENDMENT TO
AND COMPLETE RESTATEMENT OF THE DECLARATION OF TRUST OF THE DANIELS
FAMILY TRUST, MARILYN LEE DANIELS, TRUSTEE, AN UNDIVIDED 1/6 INTEREST,
CARRIE LANGLEY, AN UNDIVIDED 1/6 INTEREST, JOYCE L. O'DONNELL, AN
UNDIVIDED 1/6 INTEREST AND JACKIE L. KENNEDY, AN UNDIVIDED 1/6
INTEREST
Johnson
San Diego, CA
12
$61.56
2-4016
R K STROH, INC.
Weston
Thief River Falls, MN
157
$805.41
2-4017
STREETER RANCH, A PARTNERSHIP
Johnson
Kaycee, WY
160
$820.80
2-4018
LEANDRO RIZZUTO
Sheridan
Sheridan, WY
54
$277.02
2-4019
HAIAR ENTERPRISE, INC., A WYOMING CORPORATION
Crook
Spearfish, SD
150
$769.50
2-4020
DONALD C. GOSE AND EDA K. GOSE
Weston
Upton, WY
145
$743.85
2-4021
BURGESS LAND CO., L.L.C.
Sheridan
Wyarno, WY
2,731
$14,010.03
2-4022
ESTATE OF CHARLES H. EVITT
Johnson
Buffalo, WY
90
$461.70
2-4023
JAMES E. MARTENS AND KATHLEEN M. MARTENS, AS JOINT
TENANTS WITH RIGHT OF SURVIVORSHIP
Weston
Upton, WY
129
$661.77
2-4024
NEIL DELAPP
Sheridan
Kaycee, WY
195
$1,000.35
2-4025
CHARLES A. MORKEN
Crook
Mankato, MN
26
$133.38
2-4028
J & P LIMITED LIABILITY COMPANY
Johnson
Casper, WY
437
$2,241.81
2-4029
RONALD E. BRUNNER AND BARBARA J. BRUNNER, HUSBAND AND WIFE
Weston
Sundance, WY
75
$384.75
2-4030
TARVER HEART X PARTNERSHIP
Campbell
Gillette, WY
327
$1,677.51
2-4031
BRUCE L. MC AMIS & PEGGY C. MC AMIS
Crook
Alva, WY
117
$600.21
2-4033
PICKREL LAND AND CATTLE CO., INC.
Campbell
Gillette, WY
170
$872.10
2-4034
FADDIS-KENNEDY CATTLE COMPANY
Johnson
Sheridan
Sheridan, WY
1,118
$5,735.34
2-4035
WATSON LAND, LLC
Crook
Sundance, WY
166
$851.58
Page 5 of 11
2-4036
EUGENE A. WOCICKI, ARLENE B. ZERBST AND LINDA K. ELLIOTT
Weston
Newcastle, WY
104
$533.52
2-4038
COW CREEK RANCH I, LLC
Campbell
Gillette, WY
95
$487.35
2-4039
DOUBLE TRIANGLE RANCH, INC.
Weston
Newcastle, WY
75
$384.75
2-4040
JERRY ISTA, JUDY ISTA AND ALAN ISTA
Crook
Hulett, WY
606
$3,108.78
2-4041
BRUCE RILEY, GLENN RILEY AND ARDIS RILEY
Crook
Beulah, WY
368
$1,887.84
2-4042
JOHN D. SWENSON
Crook
Sundance, WY
136
$697.68
2-4043
ALAN JOHN KOBIELUSZ AND NANCY KOBIELUSZ, HUSBAND AND WIFE,
AS TENANTS BY THE ENTIRETIES
Sheridan
Sheridan, WY
218
$1,118.34
2-4044
ALAN JOHN KOBIELUSZ AND NANCY KOBIELUSZ, HUSBAND AND WIFE
Sheridan
Sheridan, WY
155
$795.15
2-4045
JEFFREY D. DUNAWAY AND LUCINDA G. DUNAWAY, HUSBAND AND WIFE
AS TENANTS BY THE ENTIRETIES
Johnson
Plainfield, IN
171
$877.23
2-4047
LARRY ELLSBURY
Crook
Sundance, WY
217
$1,113.21
2-4049
BRUCE RANCH, INC.
Weston
Newcastle, WY
178
$913.14
2-4050
HELEN V. HAPE TRUST DATED FEBRUARY 11, 2000
Sheridan
Sheridan, WY
220
$1,128.60
2-4051
LORRAINE VANNOY
Sheridan
Clearmont, WY
126
$646.38
2-4057
JERRY ISTA, JUDY ISTA, ALAN ISTA
Crook
Hulett, WY
52
$266.76
2-4058
THE HANFT RANCH, A WYOMING LIMITED PARTNERSHIP
Sheridan
Dayton, WY
463
$2,375.19
2-4059
MYRL J. CAMPBELL AND HOWARD CAMPBELL
Sheridan
Wyarno, WY
526
$2,698.38
2-4061
SINCLAIR OIL COMPANY D/B/A SUNLIGHT RANCH COMPANY
Sheridan
Parkman, WY
512
$2,626.56
2-4062
BRYAN STROH, INC., A COLORADO CORPORATION
Weston
Newcastle, WY
380
$1,949.40
2-4063
JAMES R. PURDY
Johnson
Buffalo, WY
191
$979.83
Page 6 of 11
2-4064
SIPE RANCHES, A GENERAL PARTNERSHIP
Crook
Belle Fourche, SD
185
$949.05
2-4065
KUHN RANCH, LLC
Johnson
Cheyenne, WY
208
$1,067.04
2-4066
D & W LIVESTOCK CO., INC.
Weston
Newcastle, WY
140
$718.20
2-4067
MATT T. COTTON
Campbell
Gillette, WY
87
$446.31
2-4068
RAMSBOTTOM RANCH COMPANY, LLC
Johnson
Buffalo, WY
12
$61.56
2-4069
CRUMP LAND & LIVESTOCK, LLC
Crook
Gillette, WY
31
$159.03
2-4070
THE HOLE-IN-THE-WALL LIVESTOCK COMPANY, LLC
Johnson
Kaycee, WY
722
$3,703.86
2-4072
SHIRLEY CUMMINGS AND ROBERT CUMMINGS
Crook
Hulett, WY
397
$2,036.61
2-4073
CARLTON P. DEWEY
Sheridan
Sheridan, WY
133
$682.29
2-4074
IBERLIN RANCH, A PARTNERSHIP
Campbell
Johnson
Buffalo, WY
700
$3,591.00
2-4075
F. A. BUSH, INC., A COPRORATION
Crook
Denver, CO
208
$1,067.04
2-4076
GRAHAM LIVESTOCK, INC.
Crook
Moorcroft, WY
129
$661.77
2-4077
RECULUSA RANCH, LLC
Johnson
Kaycee, WY
71
$364.23
2-4079
DUANE D. ODEGARD AND MARY KATHERINE ODEGARD, HIS WIFE
Campbell
Sheridan
Arvada, WY
113
$2,053.14
2-4080
JENSEN RANCH, LLC
Crook
Belle Fourche, DC
38
$194.94
2-4081
RENKERT MIDDLE FORK RANCH LLC
Johnson
Kaycee, WY
182
$933.66
2-4082
ROSALIE BRIMMER
Crook
Moorcroft, WY
53
$271.89
2-4084
CATO SOLDIER CREEK RANCH, LLC, A WYOMING LIMITED LIABILITY
COMPANY
Johnson
Sheridan, WY
684
$3,508.92
2-4085
ROBINSON FAMILY LIMITED PARTNERSHIP, LLP
Crook
Moorcroft, WY
206
$1,056.78
Page 7 of 11
2-4087
JOHN E. RICE & SONS, INC.
Sheridan
Sheridan, WY
2-4088
BRIDLE BIT RANCH COMPANY
Campbell
2-5072
SMITH CANYON RANCH PARTNERSHIP
2-5075
1,067
$5,473.71
Gillette, WY
171
$877.23
Sheridan
Dayton, WY
94
$482.22
RAE ANN SCOTT MORSS AND FIRST INTERSTATE BANK, SHERIDAN, WY,
CO-TRUSTEES OF THE RAE ANN SCOTT MORSS LIVING TRUST UAD NOVEMBER 8,
2005
Sheridan
Sheridan, WY
94
$482.22
2-5271
RANKIN RANCH, LLC
Weston
Upton, WY
176
$902.88
2-5275
TOWNSEND COMPANY, INC.
Weston
Newcastle, WY
18
$92.34
2-5300
CAZA RANCHES LLC, A TEXAS LIMITED LIABILITY COMPANY
Johnson
Artesia, NM
156
$800.28
2-5400
TARVER HEART X PARTNERSHIP
Campbell
Gillette, WY
43
$220.59
2-5401
T-CHAIR LAND COMPANY
Campbell
Gillette, WY
348
$1,785.24
2-5402
SCHLAUTMANN RANCH, LLC, A WYOMING LIMITED LIABILITY COMPANY
Campbell
Gillette, WY
233
$1,195.29
2-5403
DIAMOND T LIMITED LIABILITY COMPANY
Campbell
Buffalo, WY
40
$205.20
2-5404
DAVID SOPPE AND CINDY MACLEOD-SOPPE, HUSBAND AND WIFE, AS JOINT
TENANTS WITH RIGHT OF SURVIVORSHIP
Johnson
Kaycee, WY
16
$82.08
2-5405
THUNDER BASIN COAL COMPANY, L.L.C.
Campbell
St. Louis, MO
165
$846.45
2-5406
SUNNY I. TAYLOR AND ROBIN L. TAYLOR
Johnson
Kaycee, WY
197
$1,010.61
2-5408
RECORD TJ RANCH LIMITED PARTNERSHIP
Campbell
Rapid City, SD
191
$979.83
2-5409
DONALD L. SIMMONS
Weston
Newcastle, WY
197
$1,010.61
2-5410
TRACY LEE HUNT AND DONNA JEAN BALDWIN HUNT, HUSBAND AND WIFE
Weston
Newcastle, WY
266
$1,364.58
2-5411
PAUL D. ROURKE, LIVING TRUST
Campbell
Gillette, WY
348
$1,785.24
2-5413
TALKING WATERS CATTLE COMPANY, A WYOMING CORPORATION
Johnson
Buffalo, WY
135
$692.55
Page 8 of 11
2-5414
SCHURICHT LAND AND REAL ESTATE LIMITED PARTNERSHIP, A
WYOMING LIMITED PARTNERSHIP
Crook
Moorcroft, WY
2-5416
TIPPERARY LAND, LLC
Johnson
Buffalo, WY
2-5417
WHITE RANCH LLC
Sheridan
Ranchester, WY
2-5418
JOHN SNYDER AND BRENDA SNYDER, HUSBAND AND WIFE
Campbell
2-5420
THOMAS L. & RENEE E. DAVIS
2-5421
50
$256.50
143
$733.59
29
$148.77
Weston, WY
356
$1,826.28
Campbell
Gillette, WY
343
$1,759.59
ROBINSON CANYON RANCH, LLC, A WYOMING LIMITED LIABILITY COMPANY
Johnson
The Villages, FL
132
$677.16
2-5422
MAY CHABOT
Johnson
Kaycee, WY
31
$159.03
2-5423
ROBERT J. AND LESLIE S. VIREN
Sheridan
Sheridan, WY
113
$579.69
2-5425
THE HANFT RANCH, A WYOMING LIMITED PARTNERSHIP
Sheridan
Dayton, WY
147
$754.11
2-5428
PETERS GRAZING ASSOCIATION, INC.
Sheridan
Sheridan, WY
212
$1,087.56
2-5430
MARK A. SEMLEK AND SHEILA R. SEMLEK, HUSBAND AND WIFE
Crook
Moorcroft, WY
16
$82.08
2-5431
JENSEN RANCH, LLC
Crook
Belle Fourche, DC
318
$1,631.34
2-5432
CHRISTENSEN RANCH
Weston
Newcastle, WY
223
$1,143.99
2-5433
ZEZAS RANCH, INCORPORATED, A WYOMING CORPORATION
Johnson
Buffalo, WY
227
$1,164.51
2-5434
T CROSS T RANCH, LLC
Johnson
Casper, WY
155
$795.15
2-5435
JOHN R. STY AND MARY ANN STY
Crook
Devils Tower, WY
5
$25.65
2-5440
JAMES URRUTY
Johnson
Buffalo, WY
127
$651.51
Page 9 of 11
2-5458
STRATA ENERGY, INC.
Crook
Gillette, WY
13
$66.69
2-5459
RUSSELL S. JONES
Johnson
Buffalo, WY
202
$1,036.26
2-5461
CROSS C LIVESTOCK CO., INC.
Johnson
Buffalo, WY
80
$410.40
2-5462
ESPONDA RANCH LIMITED PARTNERSHIP, GLADYS M. ESPONDA,
GENERAL PARTNER
Johnson
Buffalo, WY
149
$764.37
2-5471
CHRISTENSEN RANCH
Weston
Newcastle, WY
168
$861.84
2-5472
LONETREE LAND AND LIVESTOCK LLC
Weston
Newcastle, WY
346
$1,774.98
2-5473
JOHNSON COUNTY WOOLGROWERS ASSOCIATION
Johnson
Buffalo, WY
66
$338.58
2-5493
WILLIAM DON AND CAROL MARIE HILTON
Johnson
Buffalo, WY
83
$425.79
2-5516
DRY BEAVER INC.
Weston
Newcastle, WY
149
$764.37
2-5536
BRIDLE BIT RANCH COMPANY, A WYOMING CORPORATION
Campbell
Gillette, WY
194
$995.22
2-5571
J & P LIMITED LIABILITY COMPANY
Johnson
Casper, WY
167
$856.71
2-5586
RECULUSA RANCH, LLC
Johnson
Kaycee, WY
71
$364.23
2-5590
BERNICE KOBIELUSZ
Sheridan
Sheridan, WY
69
$353.97
2-5592
JAMES E. MARTENS AND KATHLEEN M. MARTENS, AS JOINT TENANTS
WITH RIGHT OF SURVIVORSHIP
Weston
Upton, WY
35
$179.55
2-5595
BRUCE D. PHEASANT
Johnson
Kaycee, WY
148
$759.24
2-5600
BRUCE RANCH, INC.
Weston
Newcastle, WY
84
$430.92
2-5612
DAVE REED & KIM REED
Crook
Hulett, WY
51
$261.63
2-5629
WILLIAM D. RAMSBOTTOM
Johnson
Buffalo, WY
60
$307.80
2-5637
CARR TIDYMAN LLC
Weston
Newcastle, WY
87
$446.31
Page 10 of 11
2-5645
WALTER L. ELM
Johnson
Kaycee, WY
141
$723.33
2-5653
D & W LIVESTOCK COMPANY
Weston
Newcastle, WY
162
$831.06
2-5661
JAMES R. PURDY
Johnson
Buffalo, WY
4
$20.52
2-5670
WILLIAM LONG
Johnson
Elko, NV
139
$713.07
2-5693
CHARLES H. JARRARD, JR. AND LINDA SUE JARRARD
Johnson
Kaycee, WY
0
$5.00
2-5694
ESTATE OF DUANE E. MCCLURE
Campbell
Sheridan, WY
202
$1,036.26
2-5703
VERLIN DANNAR AND KAREN J. DANNAR
Sheridan
Sheridan, WY
38
$194.94
2-5707
BELUS LAND CORPORATION
Johnson
Buffalo, WY
475
$2,436.75
2-5709
STEVEN R. AND BILLIE JO YOUNG
Campbell
Gillette, WY
130
$666.90
2-5719
DOUG GUSTAFSON
Crook
Woodside, CA
11
$56.43
The Director recommends approval of these lease applications at the annual rental shown. The annual rental is based on $5.13/AUM for 2014. The leases are to be issued for a ten (10) year term.
BOARD ACTION: _____________________________________________________________________________________________
Page 11 of 11
February 6, 2014
BOARD MATTER D - 3
ACTION:
Consideration of Grazing & Special Use Lease Assignments
AUTHORITY:
W.S. 36-5-105(d); Board of Land Commissioners’ Rules and Regulations, Chapter 4, Section 8
Lease
1-6955
Lessee
Wood’s Lore LLC
Assignee
Neil Forgey and Clarice A. Forgey
1024 Esterbrook Road
Douglas, WY 82633
County
Niobrara
Acres/AUM
640.00/141
1-7179
Gary W. Spiegelberg
and JoAnn K.
Spiegelberg
Garth E. Churches and Leah L. Churches,
husband and wife
445 Brubaker Lane
Laramie, WY 82070
Albany
640.00/159
1-7603
Eugene Russell
Eugene Russell Living Trust, a Trust
dated November 29, 1999
1064 Gilchrist Street
Wheatland, WY 82201
Platte
2,800.00/763
1-7603
Eugene Russell Living
Trust, a Trust dated
November 29, 1999
Wickam Ranches, LLC
1385 South Horseshoe Creek Road
Glendo, WY 82213
Platte
2,800.00/763
1-7839
Lee Moore Land Trust
Lee Moore Land LLC
P.O. Box 12
Douglas, WY 82633
Converse
3,235.97/821
1-8196
Kinchen Place, LLC
J.P. Werner & Sons Inc.
217 N. Lance Creek Road
Lance Creek, WY 82222
Niobrara
640.00/194
Page 1 of 7
Lease
1-8242
Lessee
John Owen Peterson
Estate
Assignee
Bonander Ranches LLC, a Wyoming
Limited Liability Company
2462 West Balben Road
Casper, WY 82601
County
Albany
Acres/AUM
1,040.67/124
1-8274
Patricia L. Isenberger
Litton
Isenberger Land LLC
5925 Highway 59
Gillette, WY 82718
Campbell
Converse
1,480.27/359
1-8332
Richard E. and Claudetta
M. Tollman
Claudetta M. Tollman
737 Indian Creek Road
Lusk, WY 82225
Niobrara
640.00/149
1-8332
Claudetta M. Tollman
Tollman Ranch LLC
737 Indian Creek Road
Lusk , WY 82225
Niobrara
640.00/149
1-8492
Norman E. Kinsey and
Joan L. Kinsey, husband
and wife
WyoHerz, LLC
11980 East Ida Place
Englewood, CO 80111
Albany
601.47/141
1-8512
Kent I. Hunter
Kylie A. Hunter
2700 Road 32
Yoder, WY 82244
Goshen
40.00/13
1-8747
Bernard McGuire, Jr. and
Andrea McGuire,
husband and wife
Rietsch Enterprises, Inc., a Wyoming
Corporation
1920 Plateau Street
Laramie, WY 82070
Platte
11.50/3
2-3704
Mitchel M. Maycock and
Joseph C. Maycock
Mitchel M. Maycock and/or Joseph C.
Maycock with Right of Survivorship
P.O. Box 1795
Gillette, WY 82717
Campbell
640.00/139
Page 2 of 7
Lease
Lessee
Assignee
County
Acres/AUM
2-3896
Michael S. Renkert and
Elizabeth Renkert,
Trustee or Successors in
Trust, under the Michael
S. Renkert Living Trust,
dated 1-24-2000, and
Elizabeth Renkert and
Michael S. Renkert,
Trustee, or Successors
in Trust, under the
Elizabeth Renkert Living
Trust, dated 1-24-2000
Renkert Middle Fork Ranch LLC
P.O. Box 227
Kaycee, WY 82639
Johnson
640.00/158
2-3947
Donald J. and Dorothy R.
Elsom, Trustees of the D
& D Elsom Trust dated
July 18, 1997
Dorothy R. Elsom, Trustee of the D & D
Elsom Trust dated July 18, 1997
29310 Old Highway 87
Buffalo, WY 82834
Johnson
160.00/39
2-3958
Marilyn R. and Dudley P.
Mackey
Harold’s Place, LLC
8466 Hwy 14-16
Gillette, WY 82716
Campbell
640.00/135
2-3963
Ralph T. Godley, Shirley
S. Godley and Gary M.
Godley, Cheryl A.
Godley
Hap Godley Trust, Gary M. Godley and
Cheryl A. Godley
P.O. Box 304
Kaycee, WY 82639
Johnson
720.00/196
2-3976
Delbert L. Eitel & Marna
D. Eitel
Delbert L. Eitel
P.O. Box 338
Kaycee, WY 82639
Crook
36.30/32
2-3976
Delbert L. Eitel
Delbert L. Eitel and Keith Eitel
P.O. Box 338
Kaycee, WY 82639
Crook
36.30/32
Page 3 of 7
Lease
Lessee
Assignee
County
Acres/AUM
2-3987
Josephine A. Fulton and
William G. Fulton
Josephine A. Fulton and Bonnie Jo
(Fulton) Whitney
P.O. Box 13
Upton, WY 82730
Weston
640.00/153
2-4004
First National Bank of
Buffalo as Successor
Trustee of the Alfred J.
and Pegge A. Cooksley
Trust dated October 24,
2006
First Northern Bank of Wyoming,
Successor Trustee of the Alfred J. &
Pegge A. Cooksley Trust, dtd 10-24-06
P.O. Box 400
Buffalo, WY 82834
Sheridan
640.00/189
2-4012
Jack R. Wilson and
Hazel M. Wilson, his
wife, as joint tenants with
right of survivorship
Jack R. Wilson
P.O. Box 627
Lodge Grass, MT 59050
Sheridan
120.00/32
2-4024
Neil DeLapp and wife
Norma Faye DeLapp
Neil DeLapp
2020 Mayoworth Road
Kaycee, WY 82639
Sheridan
640.00/195
2-4025
Marie McCollum
Charles A. Morken
100 Madison Avenue
Mankato, MN 56001
Crook
80.00/26
2-4044
Alan John Kobielusz,
Kathleen Johnson,
Carole Morgan, Concetta
Kobielusz, and Frank
Martin Kobielusz
Alan John Kobielusz and Nancy
Kobielusz, Husband and Wife
818 US Highway 14
Sheridan, WY 82801
Sheridan
360.00/155
2-4050
Helen Hape
Helen V. Hape Trust dated February 11,
2000
377 Lower Prairie Dog Road
Sheridan, WY 82801
Sheridan
428.22/220
Page 4 of 7
Lease
Lessee
Assignee
County
Acres/AUM
2-4057
Jerry P. Ista and Judy A.
Ista, Trustees of the Ista
Family Trust, dated April
4, 1997and as restated
March 14, 2005
Jerry Ista, Judy Ista, Alan Ista
461 New Haven Road
Hulett, WY 82720
Crook
160.00/52
2-4081
Elizabeth Renkert,
Michael S. Renkert,
in Trust, under the
P.O. Box 227
Kaycee, WY 82639
Johnson
640.00/182
2-5102
Larry R. Fitzcharles and
Lee H. Fitzcharles,
Husband and Wife
Lee H. Fitzcharles
230 Little Crazy Woman Road
Buffalo, WY 82834
Johnson
440.00/107
2-5136
Elizabeth Renkert,
Michael S. Renkert,
in Trust, under the
P.O. Box 227
Kaycee, WY 82639
Johnson
516.41/87
Page 5 of 7
Lease
Lessee
Assignee
County
Acres/AUM
2-5218
James A. Wolff and
Joan Wolff
Joan Wolff
148 Recluse Road, HCR 77
Gillette, WY 82716
Campbell
640.00/595
2-5218
Joan Wolff
Joan Wolff and James H. Wolff
148 Recluse Road, HCR 77
Gillette, WY 82716
Campbell
640.00/595
2-5417
Nancy H. White and
William P. White, as joint
tenants with full rights of
survivorship
William P. White
P.O. Box 5
Ranchester, WY 82839
Sheridan
80.00/29
2-5417
William P. White
White Ranch LLC
P.O. Box 5
Ranchester, WY 82839
Sheridan
80.00/29
2-5558
Neil DeLapp an
undivided ½ interest and
Norma Faye DeLapp an
undivided ½ interest
Neil DeLapp
2020 Mayoworth Road
Kaycee, WY 82639
Johnson
2,657.07/542
2-5569
Dean H. Cosner
Revocable Trust dated
15th of January , 1997
Hay Creek Surface, LLC
1213 Hilltop Court
Gillette, WY 82718
Campbell
640.00/167
3-6732
Jerry C. Aimone and
Christine Gillins Aimone
P.O. Box 65
Ft. Bridger, WY 82933
Uinta
280.00/21
3-6732
Clifford D. Martin
P.O. Box 427
Mountain View, WY 82939
Uinta
280.00/21
Page 6 of 7
Lease
Lessee
Assignee
County
Acres/AUM
3-6891
Theodore L. Knapp and
Thomas E. Knapp
Knapp Brothers, LLC
66 Turnberry Road
Sheridan, WY 82801
Fremont
120.00/16
3-6913
Wagner Cattle
Company, LLC
Tom Hutcheson
182 Mockingbird Lane
Gurley, AL 35748
Park
2,359.44/947
3-7291
Schmitt Family Living
Trust
Cecilia Cuin
419 6th Street
Rawlins, WY 82301
Carbon
1,880.00/278
3-7291
Cecilia Cuin
Don & Cecilia Cuin, Husband and Wife
419 6th Street
Rawlins, WY 82301
Carbon
1,880.00/278
3-7713
Wagner Cattle
Company, LLC
Tom Hutcheson
182 Mockingbird Lane
Gurley, AL 35748
Park
800.00/560
3-8451
Cecil Ray Weber and
Kathleen Weber,
husband and wife as
tenants by the entireties
with right of survivorship
Weber Ranch Co., a Wyoming
Corporation
P.O. Box 70
Baggs, WY 82321
Carbon
640.00/97
3-8748
Iron Creek Ranch, Inc.
Five Bar T Ranch, Inc.
6505 Iron Creek/Rasmus Lee Road
Casper, WY 82604
Carbon
2,460.09/705
Total Assignments 46
The Director recommends approval of the above assignments.
BOARD ACTION: ______________________________________________________________________
Page 7 of 7
February 6, 2014
BOARD MATTER D -4
ACTION:
CONSIDERATION OF SUBLEASES
AUTHORITY:
W.S. 36-5-105(d); Board of Land Commissioners’ Rules and Regulations, Chapter 4, Section 9
Lease
No.
County
Lessee
Sublessee
Term
Annual
Rental
Excess
Rental
Acres
Type of
Aums Agreement
1-6930
Niobrara
EDMOND A. COOK
Bryan Brost, Seth Brost & Chris Canaday
05/15/2013 to 12/31/2014
220.80
246.60
120.000
46 Pasture
1-6955
Niobrara
NEIL FORGEY AND CLARICE A. FORGEY
Benchmark Ranch, LLC
01/05/2012 to 12/31/2013
676.80
549.90
640.000
141 Sublease
1-7139
Goshen
THE RALPH SCHUPPAN REVOCABLE TRUST
Ross & Dede Buckhaults
05/01/2013 to 10/31/2013
1,363.20
390.40
640.000
284 Pasture
1-7142
Laramie
DYNO NOBEL INC.
Duck Creek Grazing Association
08/01/2013 to 09/30/2013
1,123.20
629.62
638.720
234 Pasture
1-7210
Converse
LEBAR RANCH LLC
George Etchemendy
06/01/2013 to 07/01/2013
82.56
113.52
640.000
172 Pasture
1-7339
1-7350
1-8566
Albany
HARRIS RANCH LLC, A WYOMING LLC
Dennis Miller
06/01/2013 to 09/30/2013
199.68
175.56
2,915.280
416 Pasture
1-7485
Platte
LEWIS ARCHIE
Jack Eller
10/15/2013 to 10/15/2014
662.40
173.19
480.000
138 Sublease
1-7488
Albany
ROBBINS RANCHES, INC.
Doug Dunlap
06/01/2013 to 09/30/2013
96.00
141.20
120.000
20 Pasture
1-7595
Niobrara
RUTH KILMER TRUST
Joel D. Wasserburger
05/15/2013 to 12/31/2013
1,233.60
1,514.40
640.000
257 Sublease
1-7644
Niobrara
ANNIE M. PARMELY
Rod A. Nelson
06/14/2013 to 09/25/2013
235.20
290.82
160.000
49 Pasture
1-8065
Niobrara
DANIEL J. GAUKEL AND CHERYL A. GAUKEL,
HUSBAND AND WIFE,
AS TENANTS IN COMMON
Andrew Gaukel
01/01/2013 to 12/31/2013
1,084.80
56.50
640.000
226 Sublease
1-8187
Natrona
CAPP A. CARLSON
Flying A Ranch, Inc.
01/01/2014 to 12/31/2016
338.58
97.91
320.000
66 Sublease
1-8203
Albany
ROBBINS RANCH INC.
Martha Page
06/01/2013 to 10/01/2013
72.00
124.13
80.000
15 Pasture
1-8214
Niobrara
MARK STEVEN LOHR, TRUSTEE OF THE MARK
STEVEN LOHR TRUST
OF JUNE 18, 1998
Cody Thompson
05/22/2013 to 09/19/2013
1,344.00
1,465.80
640.000
280 Pasture
Page 1 of 3
1-8239
Goshen
UNITED SURFACE & MINERALS, LLC
Levi Kosmicki
01/01/2014 to 12/31/2014
1,210.68
0.00
562.120
236 Sublease
1-8251
Niobrara
ROBERT J. GASKILL, TRUSTEE OF ROBERT J.
GASKILL REVOCABLE
LIVING TRUST U/A DECEMBER 17, 1999
Tomas Martinez and Jeff Boner
02/28/2013 to 09/30/2013
676.80
269.60
640.000
141 Pasture
1-8265
Natrona
LORRAINE BEBOUT
Loreen Anderson
05/13/2013 to 10/01/2013
816.00
332.17
640.000
170 Pasture
1-8667
Platte
EDITH COOK
Dan Artery
01/01/2010 to 12/31/2013
4,838.42
0.00
751.000
49 Crop
1-8728
Laramie
JEFFREY AND LYNNE CARLTON
Todd Christensen
01/01/2014 to 12/31/2014
246.24
0.00
480.000
48 Sublease
1-8778
Laramie
MKP WYOMING PROPERTY LLC
Darel Brown
06/04/2013 to 10/03/2013
240.00
195.00
160.000
50 Pasture
1-8792
Laramie
GEOFFREY THOMPSON AND SHAUNA
MCKUSKER, HUSBAND AND WIFE
Guy Landers
01/01/2014 to 12/31/2014
205.20
32.40
120.000
40 Sublease
1-8858
Laramie
JEFFREY CHARLES CARLTON AND LYNNE
FLOWERS CARLTON
Mark E. Child
2013 Grazing Season
229.82
390.71
640.000
228 Pasture
2-3592
2-4018
Sheridan
LEANDRO RIZZUTO
James Ankney
07/15/2013 to 09/01/2013
499.20
450.40
320.000
104 Pasture
2-3855
Crook
MARY A. WOLFF
Tim and Linda Burch
09/09/2013 to 10/31/2013
667.20
674.40
640.000
139 Pasture
2-3968
Johnson
CARL KENARD KNUDSON
Karlon Knudson
01/01/2014 to 01/01/2016
636.12
0.00
480.000
124 Sublease
2-3983
Weston
RICHARD D. HAGLUND & PATRICIA ANN
HAGLUND
Lee Elliott
06/18/2013 to 08/31/2013
921.60
787.20
640.000
192 Pasture
2-4025
Crook
CHARLES A. MORKEN
Henry Lambright
05/15/2012 to 10/30/2012
117.52
68.44
80.000
26 Pasture
2-4026
2-5487
Johnson
SASOL SYNFUELS INTERNATIONAL PTY LTD
Merlin Ranch, Inc.
03/01/2013 to 02/29/2016
7,711.40
0.00
2,122.120
2-5051
Crook
STUART RANCH LIMITED PARTNERSHIP
Mark Thompson
06/01/2013 to 08/31/2013
307.20
378.56
160.000
64 Pasture
2-5102
Johnson
LEE H. FITZCHARLES
Tom Rule, et al
06/12/2013 to 08/12/2013
513.60
5.00
440.000
107 Pasture
2-5413
Johnson
TALKING WATERS CATTLE COMPANY, A
WYOMING CORPORATION
AHT Cattle Co.
05/04/2013 to 09/15/2013
648.00
793.80
640.000
135 Pasture
2-5495
Crook
NEIMAN TIMBER COMPANY, LC
Graham Livestock, Inc.
03/01/2013 to 03/01/2014
148.80
465.60
200.000
532 Sublease
31 Sublease
Page 2 of 3
2-5526
Campbell
SUNBURST RANCH, INC.
Durham Ranches, Inc.
05/01/2013 to 10/31/2013
835.20
590.40
640.000
174 Pasture
2-5570
Crook
LARRY C. MILLS, TOMMY M. MILLS, GARY W.
MILLS
62 Timber and Livestock, LLC
09/01/2006 to 09/01/2016
927.32
0.00
640.000
194 Sublease
2-5618
Johnson
HIP INVESTMENTS, LLC
Soldier Creek Acquisitions, LLC
01/01/2013 to 12/31/2013
585.60
164.70
640.000
122 Sublease
3-6901
3-7156
3-7698
3-8732
Hot Springs
RUSSELL RANCH, LLC
Jerry Johnson
02/01/2013 to 02/28/2016
1,171.20
451.40
960.000
244 Sublease
3-7258
Carbon
ANDERSON FARMS INCORPORATED
Bartlett Cattle and Jon Suttee
05/08/2013 to 10/31/2013
3,718.40
0.00
640.000
Pasture
3-7667
3-7931
Hot Springs
HENTHORNE LIMITED PARTNERSHIP
TD Farms, Inc.
05/15/2013 to 10/31/2013
878.40
960.75
952.310
183 Pasture
3-7775
Carbon
L. DEAN PETERSON & WILMA REIMAN PETERSON Silver Spur Operating Company, LLC
05/01/2013 to 04/30/2016
585.60
278.16
640.000
122 Sublease
3-8194
Sublette
OLSON 3-H RANCH, LLC
Jim Jensen
01/01/2010 to 12/31/2015
518.95
0.00
558.780
107 Sublease
3-8311
Park
SWITCHBACK RANCH, LLC.
Tom George & Mark Schneider
2013 Grazing Season
326.40
0.00
640.000
68 Pasture
3-8461
Park
CRESCENT MOON RANCH, LLC
Joshua V. Friesen
04/15/2010 to 11/15/2015
819.65
0.00
640.000
169 Sublease
3-8553
Fremont
NORTH FORK LAND & CATTLE, LLLP
Ted Seely/Sand Mesa, Inc.
05/15/2012 to 11/01/2012
325.44
111.96
313.120
72 Pasture
3-8614
Park
WAPITI LIMITED PARTNERSHIP
Kim Wagler
09/30/2013 to 09/29/2014
139.20
14.35
119.070
29 Sublease
40,197.98
13,384.55
25,772.520
TOTALS
6,244
Annual Rental is based on $4.78, $4.85, $4.52, $4.80, and $5.13 per AUM
The Director recommends approval of the above agreements for the term specified, with the excess rental assessed as required by law. The Board is not responsible for the arrangement of the parties as to the period of the sublease which extends
beyond the expiration date of any lease.
BOARD ACTION: _____________________________________________________________________________________________
Page 3 of 3
February 6, 2014
BOARD MATTER D - 5
ACTION:
CONSIDER APPLICATIONS FOR CONSTRUCTION OF IMPROVEMENTS
AUTHORITY:
W.S. 36-5-110, Board of Land Commissioners’ Rules and Regulations, Chapter 4, Section 11
Lease No
Applicant
Description
County
Class of Improvements
1-6916
Burnett Land & Livestock, LTD., LLLP
Sec. 16, Twp. 12.0N, Rng. 61.0W
Laramie
Stock Tank/Pipeline
1-8327
Bard Ranch Company, A Wy. Corp.
Sec. 15, Twp. 23.0N, Rng. 67.0W
Sec. 16, Twp. 23.0N, Rng. 67.0W
Platte
Estimated Value
$
9,688.00
Total Value $
Cost Share $
9,688.00
9,688.00
$
24,565.38
24,565.37
Pipelines
Pipelines
Total Value
Cost Share
1-8338
Tetrad Corporation
Sec. 16, Twp. 38.0N, Rng. 62.0W
Niobrara
Stockwater Wells
Stockwater Tanks
49,130.75
39,304.50
$
Total Value
1-8840
2-4032
Wyoming Military Department
Brinkerhoff Inc.
Sec. 16, Twp. 26.0N, Rng. 66.0W
Sec. 22, Twp. 57.0N, Rng. 83.0W
Sec. 23, Twp. 57.0N, Rng. 83.0W
Platte
Sheridan
Stockwater Wells
13,500.00
$
24,131.25
Total Value $
Cost Share $
24,131.25
13,305.00
$
2,000.00
6,000.00
Reservoirs
Reservoirs
Total Value
2-5172
2-5613
Adami Ranch, LLC
SR Cattle Company
Sec. 36, Twp. 53.0N, Rng. 80.0W
Sec. 19, Twp. 57.0N, Rng. 81.0W
Sec. 12, Twp. 57.0N, Rng. 82.0W
Sec. 13, Twp. 57.0N, Rng. 82.0W
Sec. 24, Twp. 57.0N, Rng. 82.0W
Johnson
Sheridan
Miscellaneous Outbuildings
8,000.00
$
70,000.00
Total Value $
70,000.00
$
2,000.00
2,000.00
2,000.00
2,000.00
Roadways
Roadways
Roadways
Roadways
Total Value
3-7291
Don Cuin
Sec. 16, Twp. 28.0N, Rng. 78.0W
Carbon
Stock Tank/Pipeline
12,000.00
1,500.00
8,000.00
$
7,500.00
Total Value $
Cost Share $
7,500.00
7,500.00
Page 1 of 2
3-8025
Prospect Land and Cattle LLC
Sec. 35, Twp. 45.0N, Rng. 99.0W
Hot Springs
Stock Tank/Pipeline
$
8,000.00
Total Value $
8,000.00
The Director recommends that the Board approve the above applications for construction of improvements. However, the approval of the above applications is not to be considered Board approval of the estimated value of the
improvements submitted by the applicants.
BOARD ACTION: _____________________________________________________________________________________________
Page 2 of 2
February 6, 2014
BOARD MATTER D - 6
ACTION:
Consider Director’s Request for Cancellation of Lease;
Special Use Lease No. SU-512, POC-I, a Nevada Limited Liability
Company - Lessee
AUTHORITY:
W.S. 36-5-114(d), Special Use Lease No. SU-512, Section 6(a)(2)
ANALYSIS:
On November 21, 2013 the Director issued the attached Request for Cancellation of
Lease. The lessee did not request a hearing within the twenty (20) day period as provided
by law. Therefore, the Director is requesting that the above special use lease be canceled
for the reasons stated in the request for cancellation.
DIRECTOR’S RECOMMENDATION:
The Director recommends that the Board cancel Special Use Lease No. SU-512 for the
reasons stated in the Director’s Request for Cancellation of Lease dated November 21,
2013.
BOARD ACTION: _____________________________________________________
DIRECTOR’S REQUEST FOR CANCELLATION OF LEASE
OFFICE OF STATE LANDS AND INVESTMENTS
LEASE NO.
SU-512
LESSEE:
POC-I, a Nevada Limited Liability Company
LEGAL DESCRIPTION:
All that portion of the SESE of Section 36 Township 51 North, Range 72 West, of the 6th P.M.,
Campbell County, Wyoming, being more particularly described as follows: Beginning at a point in
SESE of said Section from which a point on the south boundary of section bears south a distance of
690 feet, more or less, from which the southeast corner of said section bears east a distance of 915
feet, more or less; Said point ofbeginning being the NW corner ofthe description, thence S.90°00’E.
a distance of285 feet; thence S. 00°00’E., a distance of 60 feet; thence N.90°00’W., a distance of285
feet; thence N.00°00’E., a distance of 60 feet, more or less to the point of beginning. The above
described parcel of land contains 0.39 acres, more or less.
RELEVANT BACKGROUND:
The Wyoming Board of Land Commissioners (the Board) in regular session on June 5, 2005,
approved Special Use Lease No. SU-5 12 to Fancher Oil, LLC for a twenty-five (25) year term, (copy
attached). The purpose of the lease was to install and operate a water disposal well, to dispose of
water produced from the Reb Fee #31-11 oil well, located in Section 31, Township 51 North, Range
72 West, 6th P.M. Rental for the special use lease was based on the amount of water disposed in the
well, at $.05 per barrel.
Following the special use lease approval, the Board approved lease assignments from Fancher Oil to
Winter Ridge Energy, LLC on December 14, 2006, and then from Winter Ridge Energy to the
current lessee, POC-I, LLC, on February 2, 2012.
Related to POC-I’s water-well lease operations is another lease the Board approved, to a different
company, but which covers the same lands covered by POC-I’s lease—Coal Lease No. 0-26652 to
Western Fuels-Wyoming, Inc. (WFW), covering all of Section 36, Township 51 North, Range 72
West, 6”~ P.M. (copy attached). WFW operates the Dry Fork Mine in Campbell County and mining
operations have continued to advance towards POC-I’s injection well site. In a letter from WFW
dated September 30, 2013 (copy attached), WFW requested that the Office of State Lands and
Investments seek cancellation of POC-I’s special use lease to allow WFW to continue mining the
lands on its lease, including the land occupied by POC-I’s well site.
In a meeting with Office of State Lands staff on September 30, 2013, the attorney for WFW, Rex
Johnson, advised that WFW had discussed the situation with POC-I, that POC-I is not opposed to re
locating in another area, and that to advance WFW’s interest in ending POC-I’s well operations, WFW
had canceled its road and pipeline agreements with POC-I which had allowed POC-I access to the
disposal well through lands owned by WFW.
LEGAL BASIS FOR CANCELLATION:
Section (6)(a)(2) ofthe special use lease states that the Lessor, the Board, reserves “[he right to lease
and dispose of all coal, oil, gas and other minerals, and all deposits of clay, stone, gravel and sand
valuable for building, mining, or commercial purposes, and all timber, together with the right to mine
and remove such minerals and other deposits and timber with the right of ingress and egress thereto,
and to cancel this lease as to any portion of the premises when required for these purposes.”
DIRECTOR’S DECISION:
Finding that it is appropriate to cancel the lease under its term, the Director is requesting cancellation
of Special Use Lease SU-512 in accordance with Section (6)(a)(2) of the lease agreement.
The lessee, POC-I, has twenty (20) days from receipt of this notice by certified mail to request a
hearing on this matter. The request for hearing must be made in writing and filed with the Office of
State Lands and Investments. If a hearing is not properly requested within the allowed time, the
lessee shall be deemed to have waived he opportunity for a hearing and the Board shall proceed to
consider the request for cancellation.
DATED AT CHEYEM’JE, WYOMING this 2/’~dayof AJ.LI€
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~/4
Br dget Hill, Li irector
Office of State Lands and Investments
,2013.
LEASE NO. SU-512
(Bd. Appvd. 9-3-1 998)
STATE OF WYOMING
BOARD OF LAND COMMISSIONERS
SPECIAL USE LEASE
(1)
PARTIES The parties of this lease are:
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FANCHER OIL, LLC
whose address is 1801 BROADWAY, SUITE 720, DENVER, CO 80202, (Lessee), and the Wyoming Board of Land
Commissioners, (Lessor), whose address is Office of State Lands and Investments, 122 West 25th Street, 3rd FloorWest,
Cheyenne, Wyoming 82002-0600.
In the event that the addresses listed above change, the party whose address has changed shall immediately notify the
other party to the lease in writing.
(2)
PURPOSE OF LEASE The Lessor hereby leases to Lessee, for the purpose of WATER DISPOSAL WELL & ACCESS
ROAD only, the following described lands, subject to all terms, conditions, regulations, and restrictions contained in this
lease, the Statutes of the State of Wyoming, and the Rules and Regulations of the Board of Land Commissioners. Any
other use by Lessee is a violation of the terms and conditions of the lease.
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DESCRIPTION:
All that portion of the SESE of Section 36 Township 51 North, Range 72 West, of the
Wyoming, being more particularly described as follows:
6th
P.M., Campbell County,
Beginning at a point in SESE of said Section from which a point on the south boundary of section bears south a
distance of 690 feet, more or less, from which the southeast corner of said section bears east a distance of 915 feet,
more or less;
Said point of beginning being the NW corner of the description, thence S.90°00’E. a distance of 285 feet;
Thence S. 00°00’E., a distance of 60 feet;
Thence N.90°00’W., a distance of 285 feet;
Thence N.00°00’E., a distance of 60 feet, more or less to the point of beginning.
The above described parcel of land contains 0.39 acres, more or less
(3)
TERM OF LEASE The term of this lease shall begin at 5:00 P.M. on the 1st day of APRIL, 2005, and terminate at 5:00
P.M. on the 1” day of APRIL, 2030.
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(4)
RENTAL PAYMENT The lessee shall pay to the Lessor at the Office of State Lands and Investments, Hersohler Building,
Cheyenne, Wyoming, a rental for the use of the premises in the amount and manner as follows:
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$05 PER BARREL FOR WATER DISPOSED IN THE WELL
SUBJECT TO FIVE YEAR RENTAL REVIEW
Annual rentals are due and payable on or before the anniversary date of this lease. If the annual rental is not paid on or
before the anniversary date a 10% late fee will be assessed.
(5)
(6)
LESSEE’S RESPONSIBILITIES Lessee Agrees:
(a) Not to take or disturb any fur bearing animals on the premises except where a permit to do so has been secured from
the Wyoming Game and Fish Commission and consent thereto has also been obtained from the Office of State Lands and
Investments.
(b) To observe state and federal laws and regulations for the protection of fish and wildlife.
(c) Not to cut, destroy or remove, or permit to be cut, destroyed or removed, any timber that may be upon the premises.
The Lessee shall promptly report to the Lessor the cuffing or removal of timber by other persons.
(d) To maintain all improvements located on the premises in a good state of repair at the Lessee’s expense.
(e) Noxious weeds and pests will be controlled by lessee. Lessee may work in conjunction with County Weed and Pest
Control Districts to develop projects to be submitted to the Office of State Lands and Investments for reimbursement of
certain costs of eradication of weeds and pests on state lands. Cost estimates must be submitted by County Weed and
Pest Districts and approved by the Office to be eligible for reimbursement. Subject to funding availability, the total cost of
the project will be reimbursed for leafy spurge infestations, for all other noxious weeds and pests, the cost of materials only.
Lessee of state lands shall pay the cost of application or other control measures.
(f) To dispose of all waste in a proper manner and not to allow debris, garbage, contaminates or other refuse to
accumulate on the leased premises. Any landfill or open dump operated by the Lessee on the leased premises, must be
permitted by the Board and must comply with State law and the rules and regulations of the Department of Environmental
Quality. Any landfiN, open dump, accumulation of debris, garbage, contaminants or refuse of any kind which the Lessee
placed, or allowed to be placed, on the leased premises, and which has not been authorized by the Board, must be
removed at the LesseeOs expense. Lessee further agrees that the Lessor shall have the right to remove debris, garbage,
contaminants, or other refuse which the Lessee placed on the premises and collect the cost of such removal from the
Lessee. The Lessee further agrees to document and report, as soon as possible, to the Office any unauthorized dumping
of debris, garbage, contaminants, or other refuse on the leased premises, by parties other than the Lessee, so that
appropriate investigation and corrective measures can be taken by the Lessor.
(g) Lessee shall restore the leased premises to as near its original condition as possible upon termination of this lease or
any renewal thereof.
(h) Lessee to maintain a $15,000.00 bond on the well until such time as it is no longer being used and has been plugged
and abandoned.
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SPECIAL PROVISIONS:
(a) RESERVATIONS Lessor Reserves:
(1) The right to order the sale of all or any portion of the premises at any time, subject to this lease.
(2) The right to lease and dispose of all coal, oil, gas, and other minerals, and all deposits of clay, stone, gravel and
sand valuable for building, mining, or commercial purposes, and all timber, together with the right to mine and remove
such minerals and other deposits and timber with the right of ingress and egress thereto, and to cancel this lease as to
any portion of the premises when required for these purposes.
(3) The right to hold, sell, appropriate or otherwise dispose of any fences or other improvements of any character
owned by the Lessee upon the premises, to insure the payment of rentals, damages or other expenses accruing to the
Lessor by virtue of this lease.
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(4) The right to enter in and upon the premises at any time for purposes of inspection or management.
(5) The right at any time to grant easements across the premises for ditches, canals, tunnels, telephone and
telegraph lines, pipelines, power lines, or other lawful purposes, with right of ingress and egress thereto.
(6) The right to use or lease the premises or any part thereof at any time for any purpose other than the rights and
privileges granted by this lease.
(7) The privilege of any person to use the premises for casual recreational day uses, fishing and hunting pursuant to
Chapter 13 of the Rules and Regulations of the Board of Land Commissioners.
(8) All rights not expressly granted to Lessee by this lease are reserved to the Lessor.
(b) ASSIGNMENTS This lease shall not be assigned without the prior approval of the Lessor. Any assignment of this
lease shall be recorded in the Office of State Lands and Investments.
(c) SUBLEASES The premises shall not be subleased or made subject to any contract, or other agreement of any kind,
without the approval of the Lessor. Such approval may be conditioned upon payment of additional rental to the Lessor.
(d) IMPROVEMENTS
(1) Lessee shall have the right to construct or make improvements upon state lands in the amount of $2,000.00 per
section, without first obtaining permission.
(2) Lessee shall request permission to construct or make improvements in excess of $2,000.00 in value per section by
submitting a completed application form furnished by the Office.
(3) Any improvement regardless of value, which will restrict existing public access or alter existing multiple use of the
lands must be approved by the Board of Land Commissioners.
(4) Unless permission has been obtained in the manner provided, the owner of the improvements in excess of the
$2,000.00 per section shall not be entitled to compensation as provided by W.S. 36-5-ill and 36-9-105, and upon
expiration of the lease the improvements shall forfeit to and become the property of the state; except that within 120
days from the date of the expiration of the lease, the owner may remove such improvements in a manner which
minimizes injury to the land.
(e) ENTRY UPON LEASED PREMISES BY THIRD PARTIES Third parties desiring to enter upon the leased premises
shall contact the lessee prior to entry, unless it is a member of the Board of Land Commissioners or its representatives or a
member of the public when entering for purposes of hunting and fishing and casual recreational use pursuant to provisions of
Chapter 13 of the Rules and Regulations of the Board of Land Commissioners. For all entries by third parties, the lessee may
negotiate a payment for damage to the surface of the leased premises, pursuant to Chapter 4, Section 13. Payments must be
consistent with payments for damages to adjacent lands.
(f) CANCELLATION If it be determined by the Lessor that this lease has been procured by fraud, deceit, or
misrepresentation, or if the premises or any part thereof be used for unlawful, unauthorized, or illegal purposes, or if the Lessee
fails to perform or violates any of the terms of this lease, the Lessor shall have power and authority to cancel this lease.
(g) SURRENDER OF PREMISES UPON TERMINATION OF LEASE The Lessee shall, upon termination of this lease,
surrender and deliver unto the Lessor the peaceful and uninterrupted possession of the premises. The Lessee may remove his
improvements in accordance with W.S. 36-5-110.
(h) TIME AND SPECIFIC PERFORMANCE are each of the essence of this lease, and all agreements and conditions
herein contained shall extend to and be binding alike upon the heirs, administrators, successors and assigns of the parties hereto.
(i) RELIANCE The Lessor has expressly relied on the representations made by the Lessee in the written application to
lease the premises.
(j) EXCHANGE The lease is granted upon the express condition that should the Lessor hereafter find it to be in the best
interest of the Lessor to exchange the lands embraced in this lease for other lands, as provided by law, then this lease may be
terminated upon giving the Lessee one (1) years notice, unless by mutual consent of the Lessor and the Lessee, an earlier date
of termination may be fixed.
(k) BUY-OUT BY LESSOR The Lessor shall have the right to purchase back from the Lessee all the rights and interests
granted to the Lessee by this lease for any portion of the premises at any time by paying to the Lessee the fair market value of
those rights and interests for the remaining term of the lease.
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(7)
GENERAL PROVISIONS.
(a) NOTICES All notices arising out of, or from, the provisions of this lease shall be in writing and given to the parties at
the address provided under this lease, either by regular mail, or delivery in person.
(b) EFFECT OF CHANGE IN LAW The rights and responsibilities of the Lessee under this lease which are granted or
imposed by the Statutes of the State of Wyoming or rules and regulations of the Board of Land Commissioners, are subject to
change during the term of this lease as a result of the adoption, amendment, or repeal of statutes or rules.
(c) COMPLIANCE WITH LAWS The Lessee shall keep informed of and comply with all applicable federal, state and local
laws and regulations in the performance of this lease.
(d) APPLICABLE LAW/VENUE The construction, interpretation and enforcement of this lease shall be governed by the
laws of the State of Wyoming. The Courts of the State of Wyoming shall havejurisdiction over this lease and the parties, and the
venue shall be the First Judicial District, Laramie County, Wyoming.
(e) ENTIRETY OF LEASE This lease contains the entire contract between the parties and supersedes all prior
negotiations, representations, leases or other contracts, either written or oral. This lease cannot be changed except by a written
instrument subsequently executed by the parties or included in the body of the lease and signed by the parties.
(f) INDEMNITY The Lessee shall release, indemnify, and hold harmless the State, the Lessor, and their officers, agents,
employees, successors and assignees from any cause of action, or claims or demands arising out of this lease.
(g) SOVEREIGN IMMUNITY The State of Wyoming and the Lessor do notwaive sovereign immunity by entering into this
lease, and specifically retain immunity and all defenses available to them as sovereigns pursuant to W.S. 1-39-104(a) and all other
state law.
(h) WAIVERS The failure of Lessor to insist on a strict performance of any of the terms and conditions hereof shall not be
deemed a waiver of the rights or remedies that Lessor may have regarding that specifi. term or condition.
(i) EXTENUATING CIRCUMSTANCES: In the event circumstances arise for whatever reason which create the
impossibility of continuing the lease, it may be canceled by either party upon written notice. Neither party shall be liable forfailure
to perform under this lease if the failure is based upon the extenuating circumstances. Lessor reserves the right to determine
whether circumstances create an impossibility. A partial refund of the annual payment may be made on a case-by-case basis.
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(8)
SIGNATURES IN WITNESS THEREOF, the parties to this lease through their duly authorized representative have
executed this lease on the dates set out below, and certify that they have read, understand, and agree to the terms and
conditions of this lease.
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LESSOR:
THE STATE OF WYOMING
BOARD OF LAND COMMISSIONERS
~JUN 2 1 2005
BY:
S NRP £002
Date:
;tments
LESSEE:
&‘€pki~Fancher Oil, LLC
&~“
c3Zzt41%~~
Date:
(~C,
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S
Lease No. _0-26652-RENEWAL
P.L. *20
Amend
January 6, 1998
STATE OF WYOMING
COAL MINING LEASE
THIS INDENTURE OF LEASE ENTERED INTO THIS
2nd
day of _August, 2013,
A.D. by and between the STATE OF WYOMING, acting by and through its Board of
Land Commissioners, party of the first part, hereinafter called the lessor,
and
Western Fuels-Wyoming, Inc.
party of the second part, hereinafter called the lessee.
Section 1. PURPOSES. The lessor, in consideration of the rentals and
royalties to be paid and the covenants and agreements hereinafter contained
and to be performed by the lessee, does hereby grant and lease to the lessee
the exclusive right and privilege to mine, extract and remove all of the
coal deposits in or under the following described land, to wit:
640.00 All Section 36, Township 51N, Range 72W
6th
p.m.
consisting of
640.00
acres, more or less, Camobe].l county, together with
he right to construct, and maintain thereon all work, buildings, plants,
~—.c’aterways, roads, telegraph, telephone and power lines, tipples, hoists or
other structures necessary to the full enjoyment thereof, including the
right to transport coal through the underground workings on the premises
above described, subject however, to the conditions hereinafter set forth.
Section 2. TERM OF LEASE.
This lease,
unless terminated at an earlier
date as hereinafter provided, shall remain in force and effect for a term of
ten (10) years beginning on the
2nd
day of
August
,
20 13
and
expiring on the
1st
day of
August , 20 23
Section 3. IN CONSIDERATION OF THE FOREGOING, THE LESSEE COVENANTS AND
AGREES:
(a) BOND When the lease becomes an operating lease or actual
operations for the mineral are to be commenced, the bond shall be furnished
in such a reasonable amount as the Of f ice of State Lands and Investments
shall determine to be advisable in the premises.
The operating bond shall
preferably be a corporate surety bond, executed by the lessee, the surety
being authorized to do business in the State of Wyoming. A cash bond may be
furnished on the consent of the Office of State Lands and Investments if the
lessee is unable to obtain a corporate surety bond.
Form of bond will be
urnished by the Office of State Lands and Investments.
The State will
“±~equire two executed copies of the bond; therefore as many additional copies
should be made as will be required by the lessee and the bonding company.
(b) PAYMENTS
To make all payments accruing hereunder to the
Office of State Lands and Investments, 122 West 25th Street, Herschler
Building, Cheyenne, Wyoming 82002-0600.
(c) RENTaS
Prior to the discovery of commercial quantities of
coal in the lands herein leased, to pay the lessor in advance beginning with
the effective date hereof, an annual rental of ONE DOLLAR ($1.00) PER ACRE
OR FRACTION THEREOF PER YEAR for the 1st through the 5th year inclusive and
TWO DOLLARS ($2.00) PER ACRE OF FRACTION THEREOF PER YEAR for the 6th
through 10th years inclusive
or renewal thereof; provided, however, that
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if the said lands are not on a commercial mining basis and so operated at
the end of two (2) years from the date hereof, such rental may be increased
at the option of the lessor, to such an amount as the lessor may decide to
be fair and equitable.
After the discovery of commercial quantities of coal in the lands
herein leased to pay to the lessor in advance, beginning with the first day
‘f the lease year succeeding the lease year in which commercial discovery
~as made, an annual rental of TWO DOLLARS ($2.00) PER ACRE OR FRACTION
THEREOF PER YEAR unless changed by agreement, such rental so paid for any
one year to be credited on the royalty for that year.
1
zmnual rentals on all leases shall be payable in advance for the first
year and each year thereafter. No Notice of Rental Due shall be sent to the
lessee.
If the rental is not received in this office on or before the date
-it becomes due, Notice of Default will be sent to the lessee and a penalty
~ 504 per acre or fraction thereof for late payment will be assessed.
The lessee is not legally obligated to pay either the rental or the
penalty, but if the rental and penalty are not received in this office
within thirty (30) days after the Notice of Default has been received by the
lessee,
the lease will terminate automatically by operation of law.
Termination of the lease shall not relieve the lessee of any obligation
incurred under the lease other than the obligation to pay rental or penalty.
The lessee shall not be entitled to a credit on royalty due for any penalty
paid for late payment of rental on an operating lease.
(d) ROYALTY
To pay a royalty on all coal mined from the land
herein leased, either in kind or value as the lessor may elect of l2’h% on
coal mined by surface mining operations and 8% on coal mined by underground
mining methods.
Royalty shall be payable on the gross value at the mine on all coal
mined.
Gross value for the purpose of royalty calculation means the unit
sale or contract price times the number of units sold. In calculating gross
value the sales price shall be prima facia evidence of such gross value. No
deduction shall be allowed for fees, taxes, assessments or similar levies
mposed by the State of Wyoming, its political subdivisions, any other state
..,r the federal government, nor for the expense of mining, processing and
loading the coal in merchantable condition at the mine ready for shipment.
If the coal is not sold and valued at the nine, transportation from the nine
to the point of sale or delivery may be deducted in determining value.
In
the event there is no sale of the coal or the Board of Land Commissioners
determines that the sales price does not truly reflect the value of the
coal, it may make its own determination of value and require that royalties
be paid on the basis of the value determined by the Board.
If the lessor elects to take its royalty in kind, such coal shall be
good merchantable coal delivered for shipment at the mine.
(e) MONTHLY PAYMENTS A≥JD STATEMENTS
Unless a different time
schedule is approved by the Board of Land Commissioners, to make payment on
or before the twentieth (20th) day of the calendar month succeeding the
month of production, for royalties on all coal mined from the land; and to
furnish sworn monthly statements therewith showing in tons the amount of all
coal mined, accompanied by the mine weights; and such other information as
may be called for by the form of report prescribed by the lessor.
These
statements are to be subject to verification by examination of books and
ecords of the lessee.
(f) UNDERGROUND WORKINGS
That in the underground workings for
coal all shafts, inclines and tunnels shall be well timbered (when good
mining requires timbering); that all underground timbering placed in the
mine shall be kept in good condition and at no time shall such timbering be
removed unless all of the coal in the lands have been removed; that at the
termination of this lease all underground timberings shall become the
property of the lessor without compensation therefore to the lessee; that
all parts or workings, where the coal is not exhausted and for good reasons
not being worked, will be kept free from water and waste material; and that
the underground workings shall be protected against fire and flood and
should creeps and squeezes occur they shall be checked without delay; to
leave such solid blocks of coal as may be necessary to support the cover and
protect the slopes, air-courses, manways, and hauling roads to permit the
lessee to mine coal from any lands which he may own or become owner of in
adjacent sections of land; and the lessee shall have the use of the slopes,
air-courses, manways and hauling roads for the purpose of mining in the
adjacent sections provided the lessee shall pay the royalty for the blocks
of coal so left for support for protection, if it shall be agreed that the
blocks of coal so left shall be more for the benefit of the lessee than to
he State of Wyoming, and all coal so paid for may be removed subsequently
‘—during the term of this lease without subjecting the lessee to the payment
of an additional royalty therefore.
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(g) STRIP WORKINGS
That all strip workings shall be operated in such a
manner so as to remove all coal in the vein or veins worked; that strip
mining shall be continuous across the property according to a definite plan
and pattern submitted to and receiving the approval of the Office of State
¶nds and Investments; that all overburden removed shall, as mining
~“ptogresses, be returned to original pit and leveled, so that all the
expiration or surrender of the lease or termination of mining activities the
land will approximate its previous configuration; that all roads and bridges
built and necessary to mining operation on the land shall upon the
expiration, forfeiture or surrender of said lease become the property of the
lessor.
(h) WEIGHT
WEIGHT RECORD That all coal mined or taken from the
premises, upon being hoisted and traxnmed, shall be weighed and the weight
thereof together with the proper check number, entered in due form in books
kept for such purpose by the lessee; and an accurate record of the weight of
all coal mined from the land shall be kept and preserved separate from the
records of the coal mined from other lands.
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The term “ton” as herein used means a ton of two thousand (2,000)
pounds of unscreened coal, unless the lessor elects to compute a ton of coal
at twenty-nine cubic feet of coal in the solid, or by the measurements of
the space from which the coal is mined, deducting there from all space
occupied by slate or other impurities, and in such case the computation
shall be final and binding upon the lessee.
(i) MAPS AND REPORTS Upon demand, to furnish the Office of State
Lands and Investments with copies or Blue-prints of all maps of underground
surveys of leased lands made or authorized by the lessee, including
engineer’s field notes, certified by the engineer who made such survey; and
to make such other reports pertaining to the production and operation by the
lessee as may be called for by the lessor.
As required by W.S. 36-6-102, copies of all electrical, gamma-ray
neutron, resistivity or other types of sub-surface log reports obtained by
or for lessee in conducting operations on the leased premises shall be
submitted to the State Geologist within three (3) years after the completion
of drilling.
(j) TAXES AND WAGES
FREEDOM OF PURCHASE To pay when due, all
taxes lawfully assessed and levied under the laws of the State of Wyoming,
upon improvements, coal produced from the land hereunder or other rights,
property or assets of the lessee; to accord all workmen and employees
complete freedom of purchase and to pay all wages due workmen and employees
at least twice each month in the lawful money of the United States.
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(k) STATUTORY REQUIREMENTS AND REGULATIONS
To comply with all
‘~tate statutory requirements and valid regulations thereunder.
(1) ASSIGNMENT OF LEASE
MINING AGREEMENTS
(1) Not to assign
this lease or any interest herein, nor sub-let any portion thereof, except
with the consent in writing of the lessor first and obtained.
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(2) To submit a signed copy of any mining agreement entered
into affecting the possessory title to any of the land hereby leased for
approval by the lessor.
(3) All overriding royalties to be valid
approval of the Board and be recorded with the lease.
The
the right of disapproval of such overriding royalties when
they become excessive and hence are detrimental to the proper
the leased lands.
must have the
Board reserves
in its opinion
development of
(m) DELIVER PREMISES IN CASE OF FORFEITURE To deliver the leased
premises with all permanent improvements thereon,
in good order and
condition in case of forfeiture of this lease; but this shall not be
construed to prevent the removal, alteration or renewal of equipment and
‘mprovements in the ordinary course of operations.
(n) DILIGENCE IN DEVELOPMENT
understanding that prospecting, coal
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This lease is granted with express
mining, and the recovery of the
valuable coal content of the above described lands shall be pursued with
diligence, and if at any time the lessor has reasonable belief that the
operations are not being so conducted it shall so notify lessee in writing,
and if compliance is not promptly obtained and the delinquency fully
atisfied, it may then, at the end of any lease year, declare this said
lease terminated and offer the said lands to the highest and best bidder,
and upon such terms as the lessor may prescribe, provided, that the herein
designated lessee may have a preferential right to a new lease on the same
terms and conditions as offered in the best bid; provided, however, that if
the lessee fails or refuses to exercise such right the improvements then on
the property shall be disposed of pursuant to Section 6 of this lease.
Section 4.
GENERAL
COVENANTS.
(a)
The lessee shall have the right to enter upon, occupy and
enjoy such surface areas of the described tract as are necessary for the
mining of coal, and the construction of all buildings and other surface
improvements incidental to the work contemplated by this lease; but the
lessee shall fully protect the rights of any agricultural and grazing leases
which have heretofore or may hereafter be granted or sale contract holders
by erecting cattle guards or gates and keeping closed gates in all fences in
which openings are or may be made, and for protection of stock grazing
thereon to fence or close all holes, pits or open cuts in which injury might
be sustained, and shall not contaminate any living t~ater upbn the land so as
to make it injurious to livestock; and, further, should the lessee or any
~erson holding from, by or under the lessee, in any operation on said
premises under this lease, destroy or injure any crop, building or other
improvements of any tenant, lessee, purchaser, or other person holding under
the State, the lessee agrees to fully indemnify all such injured parties in
such sum or sums as may be mutually agreed upon by the respective parties,
or as may be fixed by appraisers appointed by each party if agreement is
impossible; or the Board of Land Commissioners may fix the amount of such
indemnity after inspection or hearing.
(b) The rights of the lessee hereunder are subject further to the
right of any other mineral lessee, his sub lessee, or operator under any
other mineral lease or leases as provided by the Rules and Regulations of
the Board of Land Commissioners Governing the Leasing of Sub-surface
Resources and providing for multiple development of those resources, now in
force, or renewals thereof; to enjoy the free use of so much of the surface
of the said lands as are necessary and incidental to their operations
thereunder; and coal mining operations shall be conducted so as not to
unduly interfere with the natural production operations, nor shall coal
mining operations be conducted nearer than two hundred (200) feet from any
productive oil or gas well without consent of the oil and gas lessee; and
the lessee further shall not disturb any existing road or roads now on said
.ands nor roads leading to or from any well or well locations without first
fully indemnify any such lessee for any injury or damages resulting from his
operations hereunder in such amount so fixed as above provided.
(c)
Such methods of mining shall be used as shall insure the
extraction of the greatest amount of the coal bed possible, and all coal
mining operations on these premises shall be subject to the supervision of
the State Coal Mine Inspector or other officers as by law provided.
(d)
During the proper hours and at all times during the
continuance of this lease the lessor or its representatives shall be
authorized to go through any of the shafts, openings or workings on the
premises and to examine, inspect and survey the same and to make extracts of
all books and weigh sheets which show in any way the coal output from the
land.
(e) This lease shall include only the right and privilege of coal
mining, but if the lessee shall discover any vein, lode, lead or ledge or
other mineralized rock in or under said lands he shall immediately report
the same to the lessor and shall then have a preferential right for a period
‘f thirty (30) days following the date of discovery to lease said vein,
ta-lode, lead or ledge upon such terms, conditions, and royalty as may be
fairly fixed by the State Board of Land Commissioners, providing the land
had not been leased prior to such time for that specific mineral.
4
Section 5. THE LESSOR EXPRESSLY RESERVES:
(a)
DISPOSITION OF SURFACE The right to lease, grant right-ofway, sell or otherwise dispose of the surface of the land embraced within
‘ils lease under existing laws or laws hereafter enacted, or in accordance
%,‘ith the Rules of the Board of Land commissioners, insofar as the surface is
not necessary for the use of the lessee in the extraction and removal of the
coal therein, except where such surface rights have been sold or otherwise
disposed of by the State of Wyoming.
(b) MULTIPLE USE The right to lease the lands for other minerals
subject to the Rules and Regulations of the Board of Land Commissioners
providing for Leasing of Sub-surface Resources and the Multiple Use thereof.
Section 6.
APPRAISAL OF IMPROVEMENTS
Upon the expiration of this
lease, or earlier termination thereof pursuant to surrender or forfeiture,
or if such land be leased to another other than the owner of the
improvements thereon, the lessee agrees that the improvements shall be
disposed of in the manner provided by law.
Section 7.
FORFEITURE CLAUSE In the event that the lessee shall have
procured this lease through fraud, misrepresentation or deceit, then and in
that event this agreement, at the option of the lessor, shall cease and
terminate and shall become ipso facto null and void, and all improvements
upon said land or premises under the terms of this lease shall forfeit to
nd become the property of the State of Wyoming.
In the event that the
~~iessee shall fail to make payments of rentals and royalties as herein
provided, or make default in the performance or observance of any of the
terms, covenants and stipulations hereof, or of the general regulations
promulgated by the Board of Land Commissioners and in force on the date
hereof, the lessor shall serve notice of such failure or default, either by
personal service or by registered mail upon the lessee, and if such failure
or default continues for a period of thirty (30) days after the service of
such notice, then and in that event the lessor may, at its option, declare a
forfeiture and cancel this lease, whereupon all rights and privileges
obtained by the lessee hereunder shall terminate and cease and the lessor
may re-enter and take possession of said premises or any part thereof; but
these provisions shall not be construed to prevent the exercise by the
lessor of any legal or equitable remedy which the lessor might otherwise
have.
A waiver of any particular cause of forfeiture shall not prevent the
cancellation and forfeiture of this lease for any other cause of forfeiture,
or for the same cause occurring at any other time.
Section 8. RELINQUISHMENT AND SURRENDER This lease may be relinquished
and surrendered to lessor as to all or any legal subdivision of said land as
follows.
(a)
If no operations have be
conducted,.ufI~er the lease on the
land to be relinquished, the lessee s’al
file
Lands and Investments a written rel4nqu
•the Office of State
either witnessed or acknow_edged and ~ ~~~1gned and
have
been conducted on the lands.
Th~ relinquishment so filedoperations
shall become
effective on the date and hour of we.èeipt theI~eof i~ the office of the
Office of State Lands and Investments or at some later date if such be so
specified by the lessee therein.
If the said relinquish~nent fails to state
that no operations have been conducted, the effective date of relinquishment
shall be the date the relinquishment is approved by the Board of Land
commissioners
(b)
If operations have been conducted under the lease on land
proposed to be relinquished the lessee shall give sixty (60) days notice and
shall file with the Office of State Lands and Investments a written
relinqujsui~nen~ or surrender duly witnessed or acknowledged and stating
therein that operations have been conducted on the land. The relinquishment
shall not become effective until the land and the mines thereon shall have
been placed in condition acceptable to lessor and shall have been approved
by the Board of Land Commissioners
(c)
All
rentals becoming due prior to a surrender or
relinquis~e~~ becoming effective shall be payable by lessee unless payment
thereof shall be waived by the Board of Land Commissioners
A
S
relinquishment has become effective there shall be no recourse by lessee,
and the lease as to the relinquished lands may not be reinstated.
Section 9.
HEIRS AND SUCCESSORS IN INTEREST.
It is further agreed
iat each obligation hereunder shall extend to and be binding upon, and
every benefit hereof shall inure to the heirs, executors, administrators,
successors of or assigns of the respective parties hereto.
Section 10. Sovereign Immunity. The State of Wyoming and the lessor do not
waive sovereign immunity by entering into this lease, and specifically
retain immunity and all defenses available to them as sovereigns pursuant to
Wyoming Statute § 1-39-104(a) and all other state laws.
IN WITNESS WHEREOF, this lease has been executed
effective as of the day and year first above written.
LESSOR,
STATE
OF
WYOMING,
Acting
by
and
by
through
lessor
its
and
Board
lessee
of
Commissioners and State Lands and Investment Board
S EAL
BY:
~
1~j~4A4_’_L__
Office of State Lan
LESSEE:
CORPORATE SEAL
____________
PRINT NAME:
TITLE:
and Investments
On,
C
p .4&
£0
c
Lards
Land
LEASE NO.: 0-26652
TYPE OF LEASE:
Coal
NAME OF LESSEE:
ADDRESS:
Western Fuels-Wyoming,
12050 N. Pecos Suite 100
Westminster, Co 80234
EXPIRATION DATE OF LEASE:
AIIOUNT OF RENTAL:
COUNTY:
FUND:
BOND:
Inc.
August 1, 2023
$2,560.00
Campbell_
Common School
Rex(307)
E.Johnson
322-5555
D.N. Sherard (Retired)
Stephen N. Sherard
(307) 322-5050
[email protected]
[email protected]
*Brian D. Artery
SHERARD, SHERARD, ARTERY & JOHNSO
Attorneys & Counselors at Law
602
coIecc~ssjwyoIaw.coni
jØthi
(307) 322-1535
[email protected]
Street, P.O. Box 69, Wheatland, WY 82201
www.ssjzvyolaw.com
Main Office Telephone (307) 322-2102
Fax: (307) 3224822
September 30, 2013
Jamie Van Hatten
Lands Management Supervisor
Surface Division, State of Wyoming Office of State Lands and Investments
122 West 25th Street, Herschler Building 3W
Cheyenne, WY 82002-0600
RE: Special Use Lease SU-512
Ms. Van Hatten,
I represent Western Fuels Wyoming, Inc. (WFW). I am writing to follow up with
our meetings of March 16, 2011 and September 30, 2013 at the Office of State
Lands and Investments. I appreciate you taking the time to meet with me and my
client regarding Special Use Lease SU-512.
Apparently PRE Resources, LLC 1888 Sherman Street, Suite 500 Denver, CO
80203 now operates the injection well (Mill-Gillette 2 API #522915) pursuant to a
Special Use Lease at T SiN R 72W, Section 36. At the time of our March 16, 2011
meeting, Winter Ridge Energy operated the injection well. WFW operates the
Dry Fork Mine (DFM) in Campbell County, Wyoming pursuant to Wyoming
Coal Lease No. 0-26652, covering the same tract. WFW’s coal mining operation
has continued to advance towards the injection well site.
The PRE Resources injection well will interfere with coal mining operations as
WFW personnel perform topsoil stripping, diversion construction and removal
of overburden. Accordingly, WFW respectfully requests that SU-512 be
Page 2
September 30, 2013
suspended or cancelled within 6 months from the date of this letter to facilitate
safe removal of the coal located in T 51N R 72W, Section 36.
Continued mining activities will require that the injection well be removed from
service and plugged according to specifications and all appurtenances removed
from the site. WFW believes that resolution of this conflict at this time is
appropriate to facilitate safe removal of the coal, while providing certainty to all
parties involved.
with you on this matter;
pl
have any questions.
& Johnson
February 6, 2014
BOARD MATTER D - 7
ACTION:
CONSIDER AMENDMENT OF EXISTING SPECIAL USE
LEASE NO. SU-562
AUTHORITY:
W.S. 36-5-114; Board of Land Commissioners’ Rules and Regulations,
Chapter 5, Section 3
Type of Use:
The original lease was approved for a cellular telephone
communication site. Edge Wireless, LLC now wishes to
expand the size of the site and include a fiber-optic line.
Lease No.:
SU-562
Applicant:
Edge Wireless, LLC
County:
Teton
Acres:
Currently the acreage covered by the lease is 0.01 acres. The
amendment would increase the acreage in the communication
site to 0.02 acres plus a 644.10 foot fiber-optic line.
Description:
Tract in NE4
Section 6, Township 40 North, Range 116 West, 6 th P.M.
Improvements:
Existing Improvements approved with the original application:
Cellular communication equipment consisting of electronics,
electrical facilities, and pole with an applicant estimated value of
$230,000.00
Proposed Improvements to be included with the amendment of the
existing lease:
Installation of an enclosed shelter for
telecommunication equipment and conduit for fiber-optic line with an
applicant estimated value of $120,000.00
Current Rental:
$4,355.53
Recommended Rental:
$17,882.00
Recommended Term:
February 1, 2007 to February 1, 2032
(25 Years)
Discussion:
The Board of Land Commissioners in regular session February
8, 2007, approved an application for special use lease filed by
Edge Wireless, LLC for a cellular communication site. The
lease was approved with an annual adjustment based on the
Consumer Price Index to offset inflationary pressure and
subject to five (5) year rental review.
Edge Wireless, LLC requested the lease amendment to enlarge
the communication site area to include an enclosed shelter for
the communication equipment and also to put in 644.1 feet of
new fiber-optic line.
This communication site was built on State Trust Land which is
under lease to the Teton County School District No. 1. Teton
County School District #1 was contacted regarding the
amendment of the additional .01 acres for the expansion of the
communication site and the addition of the fiber optic line.
They did not have any objections.
Page 1 of 2
It has been determined that this special use lease application
site is not in a sage grouse habitat core area.
The Director recommends that the Board approve the amendment of an additional .01
acres to the communication site and the addition of 644.10 feet of fiber-optic line and that
the annual rental be adjusted to reflect the additions. All other terms and conditions of the
existing lease will remain the same. The Director further recommends that Edge Wireless,
LLC be required to provide a bond equal to an engineer’s estimate for reclamation of the
leased area until such time as the site is no longer being used and full reclamation,
remediation, or other appropriate actions consistent with the Board of Land
Commissioners’ Rules and Regulations are completed. Approval of the application is not
to be considered approval of the applicant's estimated value of improvements.
BOARD ACTION: _____________________________________________________
Page 2 of 2
February 6, 2014
BOARD MATTER D - 8
ACTION:
CONSIDER SPECIAL USE LEASE APPLICATION
AUTHORITY:
Type of Use:
Recreational Off-Road Vehicular Use
Lease No.:
SU-759
Applicant:
Big Horn County
County:
Big Horn
Acres:
440.00
Description:
W2:Part of the W2E2 of Section 16, Township 57 North, Range
95 West, 6th P.M.
Improvements:
There are no improvements being proposed
Recommended Rental:
$2,354.00, per year adjusted annually by 3.0% to off-set
inflationary pressure
Recommended Term:
February 1, 2014 to February 1, 2019
(5 Years)
Discussion:
Big Horn County is applying for a special use lease to establish an off-road trail system
and open play area on the above described parcel of State Trust Land. The special use
lease application filed by Big Horn County identified the entirety of Section 16, which
covers 640.00 acres. The application also indicated that management of the area would
be the responsibility of the Northwest Wyoming OHV Alliance, Inc. (Northwest OHV)
through a Memorandum of Understanding (MOU) with Big Horn County. The Office of
State Land and Investments (OSLI) advised Big Horn County that a sublease agreement
would need to be developed between the parties and approved by the Board of Land
Commissioners (Board). A copy of the letter agreement between Big Horn County and
Northwest OHV is attached.
The Board has not entered into this type of lease (non-exclusive use of trails and open
play areas) and thus an appraisal of like uses or recommendations for proper lease
provisions is not readily available. Based on the original application received, OSLI
provided Northwest OHV with a preliminary proposal that could be recommended to the
Board to provision the lease to existing trails only, no new trails and no open play areas for
a term of three (3) to five (5) years. A preliminary estimate of rental for use of existing
trails only was three dollars ($3.00) per acre for the 640.00 acres or one thousand nine
hundred twenty dollars ($1,920.00) per year. Northwest OHV was advised of this
preliminary estimate in letter dated May 7, 2013. Northwest OHV was also advised that
the rental would increase by three percent (3%) annually to off-set inflationary pressures
based on the ten (10) year weighted average of the Consumer Price Index. Regarding the
term of the lease, OSLI has concerns with issuance of a long-term lease based on
indications from Big Horn County, through Northwest OHV, wherein it would obtain funding
for the annual rental payment solely from donations and not membership dues. Therefore,
OSLI feels it’s in the best interest of the State’s Beneficiaries to recommend reducing the
term of the lease to five (5) years and allow Big Horn County to apply for a lease renewal
upon the end of the term of the lease.
Page 1 of 2
After negotiations between OSLI and Northwest OHV, it was agreed that OSLI would
recommend to the Board a lease for non-exclusive use of trails and open play areas for a
five (5) year term on State Trust Land in the western portion of Section 16. OSLI
conducted an appraisal which determined that, based on comparables for similar types of
use, five dollars and thirty-five cents ($5.35) per acre represents fair market value for this
type of lease. The appraisal recommended that the public would have a non-restrictive
use of the W2 and part of the W2E2 comprising approximately 440.00 acres as shown on
the attached map. This portion of Section 16 has terrain that not only challenges the rider
but is generally void of vegetation which allows the rider to have a better free riding
experience.
It has been determined that this special use lease application site is not in a sage grouse
habitat core area.
The Director recommends that the Board approve the above-described special use lease
application for a five (5) year term at a rental of $2,354.00 per year, adjusted annually by
3.0% to off-set inflationary pressures based on the ten (10) year weighted average of the
Consumer Price Index. The Director further recommends that the sublease letter
agreement between Big Horn County and Northwest OHV be approved.
BOARD ACTION:
Director Hill recommended the Board approve the special use lease application for a five
year term at a rental of $5.35 per acre for an annual rental of $2,354.00 per year adjusted
annually by 3.0% to off-set inflationary pressures based of the ten year weighted average
of the consumer price index.
Dana Sander from Northwest Wyoming off Highway Vehicle Alliance addressed the Board,
explained the Alliance’s plan for the lease area, and requested a rental of $3.00 an acre.
Superintendent Hill moved to approve the special use lease application for a five (5) year
term at a rental of $1,320.00 per year, based on $3.00 per acre, adjusted annually by 3.0%
to off-set inflationary pressures based on the ten (10) year weighted average of the
Consumer Price Index, and that the sublease letter agreement between Big Horn County
and Northwest OHV be approved. Secretary Maxfield seconded the motion. The motion
carried.
Page 2 of 2
0.1W
o4~eêo~
www.nwwyohva.org.
Northwest Wyoming OHV Alliance Inc. P0 Box 2953, Cody, WY 82414
TO: Big Horn County Commissioners
P0 Box 31
Basin, WY 82410
Phone: 307 568 2357
DATE: August 19, 2013
RE: Darnell Hills Special Use Lease MOU Specific Project Amendment
The Northwest Wyoming OHV Alliance Inc (NWWYOHVA) proposes this document as an
amendment to the signed MOU with Big Horn County and NWWYOHVA dated April 16,2013
for the specific Darnell Hills State Land OHV Special Use Lease.
I. Payment: Initial firnding for the Darnell Hills SUE will be provided through a donation
from the NWWYOHVA Inc members and a Yamaha OHV Access Grant. Future finding
for the Daniel! Hills SUL will be provided through grants and donations from
NWWYOHVA Inc Members. If finding is not provided for the current lease year than
the SUE will be terminated with the State of Wyoming.
2. Responsibilities of NW’WYOHVA Inc.: NWWYOHVA, Inc. will be responsible for the
management, development and maintenance of the Darnell Hills SUE within Big Horn
County, WY. All decisions regarding the Darnell Hills SUL for development of OHV
Recreation within Big Horn County will be approved by Big Horn County and State of
Wyoming in cooperation with NWWYOHVA, Inc. The NWWYOHVA Inc will maintain
a $1 Million Liability Insurance Policy during the Damell Hills SUE term.
3. Responsibilities of Bi2 Horn County: The Big Horn County Commissioners will ensure
that NWWYOHvA, Inc. will complete the projects and manage the Darnell Hills OHV
Riding Area as defined in the Darnell Hills OHV SUE.
4. Mutual Responsibilities of NWWYOHVA Inc. and Bi2 Horn Counts’: The parties
agree to use their best efforts to work in cooperation on the development of the Darnell
Hills OHV Recreation Area within Big Horn County in accordance with the State of
Wyoming OHV Darnell Hills SUL
5. Signature: The parties hereto have signed this amendment to the Memorandum of
Understanding as of the dates shown below.
The effective date of this MOU is the date of this signature last affixed to this page.
BIG HORN COUNTY, by and through:
Date
JeIold Ewen, Big Horn County Commissioner
No
west Wyoming Off Highway Vehicle Alliance Inc., by and through:
V
Dan O’Keefe, Chairman Board of Directors
County Attorney signatuit~~j~~ IcJli~JA
Date
i~A
Date~
cJ1q 13
State of Wyoming,
County of Big Horn County
This document signed and sworn to (or affirmed) before me on
c~
~
i
Date
Name(s) or Person(s) Making Statemeiil~
4Th
t~t
‘cod
Signature of Notarial Officer
~
Q&~c\
Title (e.g. Nótuyy Public)
My commission expires:
(I
C-
-
r~-’~~
LOfli SMALLWOO
c’~t~
CO U Nfl OF
LUJ~S\/~
~
ATE OF
—
W~ER 18, 2016
ns~
Attachment: Big Horn County and NWWOHVA Inc Signed MOU Dated April 16, 2013
A
Big Horn County Commissioners SU-759
Legend
Land West of Natural DraInage
SatIon 16 TownshIp 57 Nollh 1~ange 95 West
1 inch equals 024 miles
Map 8: Recommended leased area
Page 17 of 17
February 6, 2014
BOARD MATTER D - 9
ACTION:
AUTHORITY:
Type of Use:
Meter Site
Lease No.:
SU-775
Applicant:
MGTC, Inc., a Wyoming Corporation
County:
Campbell
Acres:
.018 Acres
Description:
Tract in NE4NW4
Improvements:
Proposed Improvements: One (1) site with two (2) meters and
fence with an applicant estimated value of $1,500.00
Recommended Rental:
inflationary pressure based on the ten (10) year weighted
average of the Consumer Price Index and subject to five (5)
year rental review
Recommended Term:
January 1, 2014 to January 1, 2039
(25 Years)
Discussion:
MGTC, Inc. is applying for a meter site that will have two (2)
meters fenced in the same 10’ x 10’ area. Both meters will tie
into a True Oil Pipeline.
application for a twenty-five (25) year term at a rental of $1,200.00 per year adjusted
annually by 3.0% to off-set inflationary pressure and subject to a rental review every five
(5) years. The Director further recommends that MGTC, Inc. be required to provide a bond
equal to an engineer’s estimate for reclamation of the leased area until such time as the
site is no longer being used and full reclamation, remediation, or other appropriate actions
consistent with the Board of Land Commissioners’ Rules and Regulations are completed.
Approval of the application is not to be considered approval of the applicant’s estimated
value of improvements.
BOARD ACTION: _______________________________________________
February 6, 2014
BOARD MATTER D - 10
ACTION:
AUTHORITY:
Type of Use:
Tank Battery
Lease No.:
SU-779
Applicant:
Legacy Reserves Operating, L.P.
County:
Crook
Acres:
2.41
Description:
Tract in NW4NW4
Section 36, Township 54 North, Range 68 Wes, 6 th P.M.
Improvements:
Existing Improvements: Nine (9) various sized tanks, three (3)
treaters, seven (7) buildings for various uses, two (2) pumps
and two (2) wellheads with an applicant estimated value of
$81,920.00
Recommended Rental:
year rental review
Recommended Term:
October 1, 2013 to October 1, 2038
(25 Years)
Discussion:
Legacy Reserves Operating, LP is applying for a special use
lease for a centralized tank battery site which will handle both
on- and off-lease production as part of the Edsel Unit.
Unit agreements are designed to maximize the production of a
given area by combining multiple leases into a single lease
under a single operator. The Edsel Unit does not allow for the
construction of a centralized tank battery within the unit without
compensation, so in this case a special use lease is necessary.
(5) years. The Director further recommends that Legacy Reserves Operating, LP be
required to provide a bond equal to an engineer’s estimate for reclamation of the leased
area until such time as the site is no longer being used and full reclamation, remediation,
or other appropriate actions consistent with the Board of Land Commissioners’ Rules and
Regulations are completed. Approval of the application is not to be considered approval of
the applicant’s estimated value of improvements.
BOARD ACTION: _______________________________________________
February 6, 2014
BOARD MATTER D - 11
ACTION:
AUTHORITY:
Type of Use:
Water Injection Facility
Lease No.:
SU-784
Applicant:
Yates Petroleum Corporation
County:
Campbell
Acres:
1.00
Description:
Tract in the SE4SE4
Improvements:
Existing Improvements: Water injection plant and water tanks
with an applicant estimated value of $500,000.00
Recommended Rental:
year rental review
Recommended Term:
(25 Years)
Discussion:
Yates Petroleum Corporation is applying for a special use lease
for a water injection facility. The Harper Draw CS State #7
injection well on this site is a Class 5 Injector well administered
by the Wyoming Department of Environmental Quality (WDEQ).
Yates Petroleum Corporation reports the volume of water
injected in this well to WDEQ. A special use lease is required
as the water being disposed of in this injection well does not
enhance the production of state minerals but is a waste
byproduct of production.
(5) years. The Director further recommends that Yates Petroleum Corporation be required
to provide a bond equal to an engineer’s estimate for reclamation of the leased area until
such time as the site is no longer being used and full reclamation, remediation, or other
appropriate actions consistent with the Board of Land Commissioners’ Rules and
BOARD ACTION: _______________________________________________
February 6, 2014
BOARD MATTER D - 12
ACTION:
AUTHORITY:
Type of Use:
Off-Set Well Pad and Access Road
Lease No.:
SU-785
Applicant:
Helis Oil & Gas Company, LLC
County:
Converse
Acres:
3.61
Description:
Tract in SW4
Improvements:
Proposed Improvements: Well head, access road, separator
building, recycle pump building, pumping unit, and tank battery
Recommended Rental:
year rental review
Recommended Term:
(25 Years)
Discussion:
Helis Oil & Gas Company, LLC is applying for a special use
lease for an off-set well pad and access road. The surface
location for the well is in Section 36, Township 38 North, Range
74 West, 6th P.M. and the bottom hole is in Section 25,
Township 38 North, Range 74 West, which is not state mineral.
(5) years. The Director further recommends that Helis Oil & Gas Company, LLC be
BOARD ACTION: _______________________________________________
February 6, 2014
BOARD MATTER D - 13
ACTION:
AUTHORITY:
Type of Use:
Off-Set Well Pad and Access Road
Lease No.:
SU-786
Applicant:
Helis Oil & Gas Company, LLC
County:
Converse
Acres:
3.27
Description:
Tract in SW4SW4
Section 8, Township 37 North, Range 74 West, 6th P.M.
Improvements:
Proposed Improvements: Well head, access road, separator
building, recycle pump building, pumping unit, and tank battery
Recommended Rental:
year rental review
Recommended Term:
(25 Years)
Discussion:
Helis Oil & Gas Company, LLC is applying for a special use
lease for an off-set well pad and access road. The surface
location for the well is in Section 8, Township 37 North, Range
74 West, 6th P.M. and the bottom hole is in Section 5, Township
37 North, Range 74 West, which is not state mineral.
(5) years. The Director further recommends that Helis Oil & Gas Company, LLC be
BOARD ACTION: _______________________________________________
February 6, 2014
BOARD MATTER D - 14
ACTION:
AUTHORITY:
Type of Use:
Receiver Site
Lease No.:
SU-788
Applicant:
Sinclair Wyoming Refining Company
County:
Carbon
Acres:
.38
Description:
Tract in NW4NW4
Improvements:
Proposed Improvements: Piping, valves and fittings, gravel for
site, and chain link fence with an applicant estimated value of
$100,000.00
Recommended Rental:
year rental review
Recommended Term:
(25 Years)
Discussion:
Sinclair Wyoming Refining Company has applied for a special
use lease for an area that will be used to install above ground
piping and valves on an existing pipeline.
(5) years. The Director further recommends that Sinclair Wyoming Refining Company be
BOARD ACTION: _______________________________________________
February 6, 2014
BOARD MATTER D - 15
ACTION:
AUTHORITY:
Type of Use:
Instructional Facility and Parking Lot
Lease No.:
SU-791
Applicant:
Fremont County Community College District dba Central
Wyoming College
County:
Fremont
Acres:
3.00
Description:
Tract in NE4
(Institutional Land)
Improvements:
Proposed Improvements: A 7,500’ to 10,000’ building with
classrooms, labs, offices, and a parking lot with an applicant
estimated value of $2,000,000.00
Recommended Rental:
year rental review
Recommended Term:
(50 Years)
Discussion:
Fremont County Community College District dba Central
Wyoming College (CWC) has applied for a special use lease to
construct a new facility to provide outreach opportunities to the
Lander, WY community. The proposed instructional facility will
be located on the campus of the Wyoming Life Resource
Center (WLRC). CWC’s current Lander Center Facility lacks
adequate classroom space, academic support space, and
parking for the number of students attending classes.
CWC has obtained a letter of consent from the Wyoming
Department of Health and the WLRC. The new building will
provide updated facilities for meetings and trainings that will be
accessible to the Department of Health and the WLRC.
Capital Construction funding was provided to CWC by the State
of Wyoming in 2012 for this project.
application for a fifty (50) year term at a rental of $11,761.20 per year adjusted annually by
3.0% to off-set inflationary pressure and subject to a rental review every five (5) years.
Approval of the application is not to be considered approval of the applicant’s estimated
value of improvements.
BOARD ACTION: _______________________________________________
BOARD MATTER E – 1
February 6, 2014
ACTION:
Consider Requests from Lessees/Operators for Suspension of
Production Operations for the Listed Wyoming Oil and Gas Leases,
Fifth or Less Suspension Request
AUTHORITY:
Oil and Gas Lease Section 1(k) which states, in part, "The lessee may
apply for and the lessor may grant permission for the suspension of
production operations until such time as a satisfactory market for the
product from said well can be developed." Section 1(c) provides for an
annual rental after discovery of $2/acre, unless changed by
agreement.
ALTERNATIVES:
 Approve Request for Suspension
 Reject Request for Suspension
 Approve Request for Suspension with Conditions or Limitations
ANALYSIS:
The leases listed on the addendum are not producing for various reasons, including lack
of required infrastructure, lack of a viable water management plan, unavailable CBM
production/sales markets, mechanical problems and engineering reviews of well
production capability. As such, the companies holding these leases have applied for
suspension of production operations under the terms of their leases.
Some leases/wells may be within the core sage grouse protective area and if so it would
be appropriate to add Core Area and other stipulations should the Board decide to allow
a suspension of production operations. Additionally, it would be appropriate to increase
rental rates.
All required supporting documents have been submitted and are on file and available for
review upon request.
DIRECTOR'S RECOMMENDATIONS:
The Director recommends that the leases shown on the corresponding addendum to this
Board Matter E - 1, February 6, 2014, be granted a suspension of operations for one (1)
year from the date of this matter, with the following conditions:
1) The lease(s) shall expire concurrently with the suspension if they are not then
held by production.
2) (a)
Operating rentals, which may exceed the amount noted on the lease
document, must be submitted in accordance with the guidelines included in the
attached “RENTAL PAYMENT SCHEDULE”.
(b)
Bond on a per well basis as authorized by the Board’s Rules on Oil and
Gas Leasing, Chapter 18, Section 13 (b) & (e), in an amount of $10/ft of open
well bore for all wells on each lease, or, at the discretion of the Office, an amount
acceptable to the Office based on a current plugging contractor bid per foot of
open well bore, must be posted within ninety (90) business days of receipt of
Board approval.
3) The granted suspension for the leases will expire with the establishment of any
adverse drainage.
4) Monthly production and royalty reports (MR10, MR20, MR40, & MR50) must be
submitted during the period of suspension of operations whether the leases are
producing or not.
Page 1 of 3
February 6, 2014
5) All leases must currently have a well drilled thereon to the anticipated production
zone depth(s) in preparation of de-watering (for CBM) at a minimum, to meet the
requirements of Section 1(k) of the Board’s oil and gas lease.
6) For the leases within the sage grouse core area, lessee/operator shall comply
with all terms and conditions as stated in State of Wyoming Executive
Department Executive Order 2011-5, Greater Sage-Grouse Core Area
Protection, for the remainder of any extension of the lease term and
lessee/operator must acknowledge acceptance of this condition in writing.
7) The lessee/operator must be current on any required surface impact payments
on the leasehold.
8) The lessee/operator must be current on any surface use leases and permits on
the leasehold and, be current on any additional non-well bonding required on the
leasehold, to include, but not be limited to water management reservoirs and
facilities placement requiring surface leasing status.
9) The lessee/operator must acknowledge acceptance of these conditions in writing
within ten (10) business days of receipt of approval.
10) Receipt is deemed complete upon delivery of electronic mailing or U.S. Postal
Service return receipt card date as signed.
The Director further recommends that any applicant requesting the grant of its fifth (5th)
suspension of production operations be notified that no additional suspensions will be
granted absent a compelling showing that such action is warranted. Further, any such
applicant should be advised that the grant of any additional suspension requests will be
conditioned on adequate bonding, supplemental consideration deemed necessary by
the Board to justify the significant accommodation made through additional suspensions
and any other terms and conditions the Board considers appropriate.
BOARD ACTION: ______________________________________________________
Page 2 of 3
February 6, 2014
ADDENDUM TO Board Matter
List of Coal Bed Methane and Non-Coal Bed Methane Leases Within a Sage Grouse
Core Area, and subject to terms and conditions as stated in State of Wyoming
Executive Department Executive Order 2011-5, Greater Sage-Grouse Core Area
Protection, Seeking Suspended Operations Status:
None
List of Coal Bed Methane and Non-Coal Bed Methane Leases NOT Within a Sage
Grouse Area Seeking Suspended Operations Status:
Bearcat Energy LLC:
Lease
04-00451
04-00452
Legal Description
03-55-82
10-55-82
County
Sheridan
Sheridan
Request
2nd SOO
2nd SOO
Wold Oil Properties, Inc:
Lease
03-00289
Legal Description
16-25-89
County
Carbon
Request
1st SOO
County
Campbell
Request
1st SOO
Yates Petroleum Corporation:
Lease
01-00064
Legal Description
16-41-73
RENTAL PAYMENT SCHEDULE
For State Of Wyoming Oil and Gas Leases Under Suspended Operations Status
ALL LEASES ISSUED AFTER MARCH 1, 1982 PROVIDE FOR A FIVE (5) YEAR
PRIMARY TERM AND ALLOW FOR A SUSPENSION OF OPERATIONS WHERE A
WELL CAPABLE OF PRODUCING IN PAYING QUANTITIES EXISTS ON THE LEASE
BUT A SATISFACTORY MARKET IS NOT YET DEVELOPED, AS LONG AS LEASE
RENTALS ARE PAID YEARLY BY THE LEASE ANNIVERSARY DATE. LEASE
TERMS PROVIDE THAT RENTALS FOR ANY YEAR AFTER DISCOVERY IS MADE
WILL BE AT $2.00/ACRE UNLESS CHANGED BY AGREEMENT. IN GRANTING
THIS SUSPENSION OF OPERATIONS, THE OFFICE OF STATE LANDS AND
INVESTMENTS AND THE PETITIONER FOR SAME ARE AGREEING ON THE
RENTAL SCHEDULE SHOWN BELOW (CHANGING BY AGREEMENT) AS A
CONDITION OF THE GRANT OF SUSPENSION.
SUSPENDED DURING PRIMARY TERM
$ 2.00 PER ACRE
UNDER 1st SUSPENSION OF OPERATIONS
$ 3.00 PER ACRE
UNDER 2nd & 3rd SUSPENSION OF OPERATIONS
$ 5.00 PER ACRE
UNDER 4th & 5th SUSPENSION OF OPERATIONS
$10.00 PER ACRE
UNDER 6th or GREATER SUSPENSION OF OPERATIONS
$20.00 PER ACRE
Page 3 of 3
February 6, 2014
BOARD MATTER E - 2
ACTION:
Consider Requests from Lessees/Operators for Suspension of
Production Operations for the Listed Wyoming Oil and Gas Leases
Beyond the Fifth Suspension
AUTHORITY:
Oil and Gas Lease Section 1(k) which states, in part, "The lessee may
apply for and the lessor may grant permission for the suspension of
production operations until such time as a satisfactory market for the
product from said well can be developed." Section 1(c) provides for an
annual rental after discovery of $2/acre, unless changed by
agreement.
ALTERNATIVES:



Approve Request for Suspension
Reject Request for Suspension
Approve Request for Suspension with Conditions or Limitations
ANALYSIS:
The attached schedule of coal bed methane (CBM) leases has been continued in
suspended status for at least five (5) years beyond the primary term by yearly Board
actions in anticipation of the establishment of hydrocarbon production during that time.
These grants of suspension have required the payment of a yearly rental on each such
lease in excess of the lease “operating” rental as a condition of continuance. This action
was thought prudent when originally initiated over ten (10) years ago to create fewer
issues related to surface access and surface disposal of produced CBM water and to
enable the completion of infrastructure to capture and move coal bed natural gas
production. However, due to the staged development of hydrocarbon production across
the CBM play, the need to assure proper produced water management, governmental
environmental and operational mandates, and access issues, production still has not
occurred on these leases.
For some time now, the increased “discovery” rental has been called for and paid by
lessee/operator petitioning for suspensions upon expiration of the primary lease term
and this requirement is detailed on the Agency web site, with all such petitioners
understanding that the Board’s agreement to an additional suspension comes with an
increased rental as scheduled. Lessees requiring suspensions beyond five (5) years of
the primary term, (i.e., entering the 11th year of lease life) recognize that the grant of
suspensions from the Board is a significant accommodation. Given the uncertainties
noted above and the fact that extended suspensions are purely accommodation, this
Office has corresponded with the petitioners in these extended status situations
indicating that continuing to bring the respective leases to the Board for furtherance of
such extended status requires some showing of good faith toward accelerating
development. This showing involves, at a minimum, an increased yearly rental to
$20/acre and whatever else the Board may require on a yearly renewal basis.
Petitioners’ responses to inquiries regarding the showing of cause for these extensions
have historically been reviewed in the context of the notion of a development “wave” in
the general area of the lease for which suspensions are requested. A well or multiple
wells have been completed on the involved leases.
Because of changing
circumstances and questions regarding any grant of a suspension beyond the fifth (5 th)
suspension, the Office of State Lands and Investments met with the Petroleum
Association of Wyoming (PAW) and certain operators to ensure any future requests for
a suspension beyond the fifth (5 th) suspension are better supported before the Board is
asked to grant such a significant accommodation. Letters based on the Director's June
7, 2012 recommendation, and Board approval thereof, setting out the guidelines for
consideration of additional suspension requests beyond a fifth (5th) and a form
addressing the requirements for additional lease status information have been
developed and will be distributed to all petitioners in this Matter and current operators of
Page 1 of 4
February 6, 2014
BOARD MATTER E - 2
leases in a fifth (5th) suspension of operations status or beyond subsequent to this
Board meeting.
Leases/wells that are within the core sage grouse protective area would be appropriate
for stipulating with appropriate Core Area and other stipulations should the Board
decide to allow a suspension of operations in continuance of the leases. Additionally,
the rental rate would be increased and expected to hold the leases.
All previously required supporting documents have been submitted and are on file and
available for review upon request.
DIRECTOR'S RECOMMENDATIONS:
The Director recommends that the leases shown on the corresponding addendum to this
Board Matter E - 2, February 6, 2014, be granted a suspension of operations for one (1)
year from the date of this matter, with the following conditions:
1) The lease(s) shall expire concurrently with the suspension if they are not then
held by production, or the operator/lessee has not shown sufficient cause as to
why a further suspension and extension of term is justified without production.
2) (a)
Operating rentals of $20 / acre must be submitted in accordance with the
guidelines included in the attached “RENTAL PAYMENT SCHEDULE”.
(b)
Bond on a per well basis as authorized by the Board’s Rules on Oil and
Gas Leasing, Chapter 18, Section 13 (b) & (e), in an amount of $10/ft of open
well bore for all wells on each lease, or, at the discretion of the Office, an amount
acceptable to the Office based on a current plugging contractor bid per foot of
open well bore, must be posted within ninety (90) business days of receipt of
Board approval.
3) The granted suspension for the leases will expire with the establishment of any
adverse drainage.
4) Monthly production and royalty reports (MR10, MR20, MR40, & MR50) must be
submitted during the period of suspension of operations whether the leases are
producing or not.
5) As a condition of approval, all leases must currently have a well drilled thereon to
the anticipated production zone depth(s) in preparation of de-watering at a
minimum, to meet the requirements of Section 1(k) of the Board’s oil and gas
lease.
6) For the leases within the sage grouse core area, lessee/operator shall comply
with all terms and conditions as stated in State of Wyoming Executive
Department Executive Order 2011-5, Greater Sage-Grouse Core Area
Protection, for the remainder of any extension of the lease term and
lessee/operator must acknowledge acceptance of this condition in writing.
7) The lessee/operator must be current on any required surface impact payments
on the leasehold.
8) The lessee/operator must be current on any surface use leases and permits on
the leasehold and, be current on any additional non-well bonding required on the
leasehold, to include, but not be limited to water management reservoirs and
facilities placement requiring surface leasing status.
9) The lessee/operator must acknowledge acceptance of these conditions in writing
within ten (10) business days of receipt of approval.
10) Receipt is deemed complete upon delivery of electronic mailing or U.S. Postal
Service return receipt card date as signed.
The Director further recommends that any applicant requesting the grant of its sixth (6 th)
or more suspension before the Board on or before February 6, 2014, be notified that
any such applicant will be asked to justify the request consistent with past practice, with
the Board retaining full and proper authority to grant or deny the application. However,
the applicant will also be notified that any application for an additional suspension for
the described leases beyond the sixth (6th) or more suspension requested on or before
February 6, 2015, will not be granted absent a compelling showing that such action is
warranted. The full burden will be on the applicant to justify such a request. Further,
any such applicant will be advised that the grant of any additional suspension requests
Page 2 of 4
February 6, 2014
BOARD MATTER E - 2
will be conditioned on adequate bonding, supplemental consideration deemed
necessary by the Board to justify the significant accommodation made through
additional suspensions and any other terms and conditions the Board considers
appropriate.
BOARD ACTION: _______________________________________________________
Page 3 of 4
February 6, 2014
BOARD MATTER E - 2
ADDENDUM TO Board Matter
List of Coal Bed Methane and Non-Coal Bed Methane Leases Within a Sage Grouse
Core Area, and subject to terms and conditions as stated in State of Wyoming
Executive Department Executive Order 2011-5, Greater Sage-Grouse Core Area
Protection, Seeking Suspended Operations Status:
None
List of Coal Bed Methane and Non-Coal Bed Methane Leases NOT Within a Sage
Grouse Area Seeking Suspended Operations Status:
Anadarko E & P Onshore LLC:
Lease
04-00116
Legal Description
13-49-79
County
Johnson
Request
6th SOO
RENTAL PAYMENT SCHEDULE
For State Of Wyoming Oil and Gas Leases Under Suspended Operations Status
ALL LEASES ISSUED AFTER MARCH 1, 1982 PROVIDE FOR A FIVE (5) YEAR
PRIMARY TERM AND ALLOW FOR A SUSPENSION OF OPERATIONS WHERE A
WELL CAPABLE OF PRODUCING IN PAYING QUANTITIES EXISTS ON THE LEASE
BUT A SATISFACTORY MARKET IS NOT YET DEVELOPED, AS LONG AS LEASE
RENTALS ARE PAID YEARLY BY THE LEASE ANNIVERSARY DATE. LEASE
TERMS PROVIDE THAT RENTALS FOR ANY YEAR AFTER DISCOVERY IS MADE
WILL BE AT $2.00/ACRE UNLESS CHANGED BY AGREEMENT. IN GRANTING
THIS SUSPENSION OF OPERATIONS, THE OFFICE OF STATE LANDS AND
INVESTMENTS AND THE PETITIONER FOR SAME ARE AGREEING ON THE
RENTAL SCHEDULE SHOWN BELOW (CHANGING BY AGREEMENT) AS A
CONDITION OF THE GRANT OF SUSPENSION.
SUSPENDED DURING PRIMARY TERM
$ 2.00 PER ACRE
UNDER 1st SUSPENSION OF OPERATIONS
$ 3.00 PER ACRE
UNDER 2nd & 3rd SUSPENSION OF OPERATIONS
$ 5.00 PER ACRE
UNDER 4th & 5th SUSPENSION OF OPERATIONS
$10.00 PER ACRE
UNDER 6th or GREATER SUSPENSION OF OPERATIONS
$20.00 PER ACRE
Page 4 of 4
February 6, 2014
BOARD MATTER E-4
ACTION:
Leases
Consider Applications for Over-the-Counter Oil and Gas
AUTHORITY:
W.S. 36-6-101; Board of Land Commissioners’
Regulations, Chapter 18, Section 5(c)
Rules
&
ALTERNATIVES:


Approve Applications
Deny Applications
ANALYSIS:
The following leases were offered at separate public auctions at both 16 2/3% and 12
1/2% royalty rates. Having received no bids, the leases were listed as over-the-counter
parcels pursuant to Board of Land Commissioners’ Rules and Regulations, Chapter 18,
Section 5(c). The following applications were received thereafter.
LEASE NO.
APPLICANT
DESCRIPTION
ACRES
14-00001
Wes State
Lands
Sec 12 NW T33N
R94W
160.00
14-00002
Wes State
Lands
Sec 36 ALL T33N
R95W
640.00
14-00003
Wes State
Lands
Sec 16 ALL T33N
R96W
640.00
14-00004
Wes State
Lands
Sec 36 ALL T33N
R96W
640.00
STIP#
5, 117, 136,
140
5, 117, 136
5, 117, 136,
140
136, 140
The specific language of all Standard Stipulations can be found at
https://lands.state.wy.us/index.php/subsurface/oil-a-gas-lease-auctions/standardstipulations.
The Director recommends issuance of State of Wyoming Oil and Gas Leases 14-00001
through 14-00004 to Wes State Lands at a 12 1/2% royalty rate with the above
referenced Standard Stipulations applied to each lease, effective February 2, 2014.
BOARD ACTION: _______________________________________________________
February 6, 2014
BOARD MATTER E-5
ACTION:
Consider Request for State of Wyoming Oil and Gas Lease
Term Extension
AUTHORITY:
W.S. 36-6-101; Board of Land Commissioners’ Rules and
Regulations, Chapter 18, Section 8(b), Section 6
ALTERNATIVES:
• Approve Wyoming Oil and Gas Lease Term Extension
• Deny Wyoming Oil and Gas Lease Term Extension
ANALYSIS:
GRMR Oil and Gas, LLC (GRMR) has requested a one (1) year lease term extension
for one (1) State of Wyoming Oil and Gas Lease (see formal request attached). This is
the fifth and final lease term extension request for State of Wyoming Oil and Gas Lease
05-00101, which expires on April 1, 2014. This request will extend the lease until April 1,
2015 should production not occur.
GRMR acquired the lease from Coleman Oil and Gas (Coleman) on June 30, 2013.
Since acquisition, GRMR has not had sufficient time remaining in the lease for
evaluation and production while fully complying with requirements set forth by the
Wyoming Governor’s Executive Order 2011-5 (Sage Grouse Core).
In accordance with OSLI’s existing coordination process with the Wyoming Game and
Fish Department and the Wyoming State Historic Preservation Office, it is
recommended that the following Standard Stipulations be applied to this lease:
Wyoming Oil and Gas Lease 05-00101
T13N, R89W, Section 16: ALL (640 acres)
Wyoming Game and Fish Department
#5: Standard Stipulation relating to Big Game crucial winter range.
#117: Standard Stipulation relating to development and production within
an area of concern for the protection of streams and lakes.
#136: Standard Stipulation relating to development and production within an area
of concern for the spread of aquatic invasive species.
#140: Standard Stipulation relating to Sage Grouse Core Areas
Wyoming State Historic Preservation Office
No additional stipulations recommended.
The Director recommends approval of a one (1) year lease term extension for State of
Wyoming Oil and Gas Lease 05-00101 to expire April 1, 2015, if not then held by
production or ongoing drilling operations. Further, it is recommended that the extension
be conditioned upon receipt of the required $2.00 per acre operation rental and a
$10,000.00 liquidated damages bond as mandated by Chapter 18, Sections 6 & 8 of the
Board of Land Commissioners’ Rules and Regulations.
BOARD ACTION:_______________________________________________________
February 6, 2014
BOARD MATTER E-6
ACTION:
Consider Request for State of Wyoming Oil and Gas Lease
Term Extension
AUTHORITY:
Regulations, Chapter 18, Section 8(b), Section 6
ALTERNATIVES:
• Approve Wyoming Oil and Gas Lease Term Extension
• Deny Wyoming Oil and Gas Lease Term Extension
ANALYSIS:
Koch Exploration Company, LLC (KEC) has requested a one (1) year lease term
extension for one (1) State of Wyoming Oil and Gas Lease (see formal request
attached). This is the first lease term extension request for State of Wyoming Oil and
Gas Lease 09-00312, which expires on June 2, 2014. This request will extend the lease
until June 2, 2015 should production not occur.
KEC acquired the lease from Prima Exploration, Inc effective February 1, 2011. With the
acquisition of this lease and surrounding acreage, it is KEC’s intention to form a Federal
Exploratory Unit.
In accordance with OSLI’s existing coordination process with the Wyoming Game and
Fish Department and the Wyoming State Historic Preservation Office, it is
recommended that the following Standard Stipulations be applied to this lease:
Wyoming Oil and Gas Lease 09-00312
T50N, R95W, Tract 38 Lots 4-7 (formally NW ¼ Section 16) (160 acres)
Wyoming Game and Fish Department
#136: Standard Stipulation relating to development and production within an area
of concern for the spread of aquatic invasive species.
Wyoming State Historic Preservation Office
No additional stipulations recommended.
The Director recommends approval of a one (1) year lease term extension for State of
Wyoming Oil and Gas Lease 09-00312 to expire June 2, 2015, if not then held by
production, ongoing drilling operations or an additional extension approval from the
Board. Further, it is recommended that the extension be conditioned upon receipt of the
required $2.00 per acre operation rental and a $10,000.00 liquidated damages bond as
mandated by Chapter 18, Sections 6 & 8 of the Board of Land Commissioners’ Rules
and Regulations.
BOARD ACTION:_______________________________________________________
February 6, 2014
BOARD MATTER F-1
ACTION:
Consider Renewal Applications for Metallic and Non-Metallic
Leases
AUTHORITY:
Regulations, Chapter 24, Section 5
ALTERNATIVES:


Approve Renewal Applications
Deny Renewal Applications
ANALYSIS:
The following renewal applications for All Metallic and Non-Metallic lease are submitted
for Board of Land Commissioners consideration:
LEASE NO.
APPLICANT
DESCRIPTION
ACRES
COUNTY
STIP#
0-40858
Wyoming Gold Mining
Company
S2 25-14-70
NE 35-14-70
480.00
Laramie
136
0-40861
Rattlesnake Mining
(Wyoming) Company
All 16-32-87
640.00
Natrona
140
0-40862
Rattlesnake Mining
(Wyoming) Company
Lot 4 18-32-87
38.51
Natrona
140
The Director recommends that the Board approve the above described All Metallic and
Non-Metallic lease renewal applications with the described Standard Stipulations,
effective February 2, 2014.
BOARD ACTION: _______________________________________________________
February 6, 2014
BOARD MATTER F-2
ACTION:
Consider Applications for All Metallic and Non-Metallic Leases
AUTHORITY:
ALTERNATIVES:


Deny Applications
ANALYSIS:
The following applications for an All Metallic and Non-Metallic lease are submitted for Board of
Land Commissioners consideration:
LEASE NO.
APPLICANT
DESCRIPTION
ACRES
COUNTY
STIP#
0-43467
Innovation Exploration
Ventures, LLC
E2NW 26-31-90
80.00
Fremont
136, 140
0-43468
Innovation Exploration
Ventures, LLC
All 36-31-90
640.00
Fremont
136, 140
https://lands.state.wy.us/index.php/subsurface/oil-a-gas-lease-auctions/standard-stipulations.
The Director recommends that the Board approve the above described All Metallic and NonMetallic lease applications with the described Standard Stipulations, effective February 2,
2014.
BOARD ACTION: _______________________________________________________
February 6, 2014
BOARD MATTER F-3
ACTION:
Consider Application for Bentonite Lease
AUTHORITY:
ALTERNATIVES:


Approve Application
Deny Application
ANALYSIS:
The following application for Bentonite leasing is submitted for Board of Land
Commissioners’ consideration.
LEASE NO.
APPLICANT
DESCRIPTION
ACRES
COUNTY
STIP#
0-43464
Wyo-Ben, Inc.
Tract 43F
(Formally SWNE)
Sec. 22-52-92
40.37
Big Horn
None
The Director recommends that the Board approve the above described Bentonite lease
application and allow the Director to issue the lease effective February 2, 2014.
BOARD ACTION: _______________________________________________________
February 6, 2014
BOARD MATTER F-4
ACTION:
AUTHORITY:
ALTERNATIVES:


Approve Renewal Application
Deny Renewal Application
ANALYSIS:
The following application for Bentonite lease renewal is submitted for Board of Land
Commissioners’ consideration.
LEASE NO. APPLICANT
DESCRIPTION
ACRES
COUNTY
STIP#
0-40855
NE:E2NW
36-58-96
240.00
Big Horn
None
Wyo-Ben, Inc.
The Director recommends that the Board approve the above described Bentonite lease
renewal application and allow the Director to issue the lease effective December 2,
2013.
BOARD ACTION: _______________________________________________________
February 6, 2014
BOARD MATTER F-5
ACTION:
AUTHORITY:
ALTERNATIVES:


Deny Applications
ANALYSIS:
The following applications for Coal leases are submitted for Board of Land Commissioners
consideration.
LEASE NO. APPLICANT
DESCRIPTION
ACRES COUNTY
STIP#
0-43333
Noonan Land Services, Inc.
All 16-18-97
640.00
Sweetwater 4
0-43334
All 36-18-97
640.00
Sweetwater 4
0-43335
N2NE:SWNE:
614.23
Pt. SENE:NW:
Pt. NESW:Pt. NWSW:
Pt. SWSW:SESW:
Pt. NWSE:Pt. NESE:
S2SE 16-19-97
Sweetwater 1
0-43336
Lots 1-4:W2
36-19-97
512.63
Sweetwater None
0-43337
All 16-20-97
640.00
Sweetwater None
0-43338
Pt. NENE:W2NE: 640.00
Pt. SENE:W2:
Pt. NESE:W2SE:
Pt. SESE 36-20-97
Sweetwater 5
0-43339
All 16-21-97
640.00
Sweetwater 4
0-43340
All 36-21-97
640.00
Sweetwater 4
0-43341
All 16-17-98
640.00
Sweetwater None
0-43342
All 36-17-98
640.00
Sweetwater 140
0-43343
All 16-18-98
640.00
Sweetwater None
0-43344
All 36-18-98
640.00
Sweetwater None
0-43345
All 16-19-98
640.00
Sweetwater None
0-43346
All 36-19-98
640.00
Sweetwater None
0-43347
All 16-20-98
640.00
Sweetwater None
0-43348
All 36-20-98
640.00
Sweetwater 5
0-43349
All 16-21-98
640.00
Sweetwater 140
LEASE NO. APPLICANT
DESCRIPTION
ACRES COUNTY
STIP#
0-43350
All 36-21-98
640.00
Sweetwater None
0-43351
All 16-12-99
640.00
Sweetwater 4,5
0-43352
All 16-13-99
640.00
Sweetwater 4
0-43353
All 36-13-99
640.00
Sweetwater 5
0-43354
All 16-17-99
640.00
Sweetwater None
0-43355
E2:NW:E2SW
36-17-99
560.00
Sweetwater None
0-43356
W2SW 36-17-99 80.00
Sweetwater None
0-43357
All 16-18-99
640.00
Sweetwater None
0-43358
All 36-18-99
640.00
Sweetwater None
0-43359
All 16-19-99
640.00
Sweetwater None
0-43360
N2:N2SW:
625.30
SWSW:W2SE:
Pt. SESW:PT. NESE:
Pt. SESE 36-19-99
Sweetwater None
0-43361
All 16-20-99
640.00
Sweetwater 140
0-43362
All 36-20-99
640.00
Sweetwater 4,5
0-43363
All 16-21-99
640.00
Sweetwater 5,140
0-43364
All 36-21-99
640.00
Sweetwater 140
0-43365
All 16-22-99
640.00
Sweetwater 140
0-43366
All 16-23-99
640.00
Sweetwater 5
0-43367
All 36-23-99
640.00
Sweetwater 4,5
0-43368
Tract 38 (form.
All 16)-24-99
640.00
Sweetwater 4
0-43369
Tract 39 (form.
All 36)-24-99
640.00
Sweetwater 4
0-43370
All 16-12-100
640.00
Sweetwater 5
0-43371
All 16-13-100
640.00
Sweetwater 57
0-43372
All 36-13-100
640.00
Sweetwater None
0-43373
All 16-14-100
640.00
Sweetwater 5
0-43374
All 36-14-100
640.00
Sweetwater None
0-43375
All 16-15-100
640.00
Sweetwater 140
0-43376
All 36-15-100
640.00
Sweetwater 140
0-43377
All 16-16-100
640.00
Sweetwater 5,140
LEASE NO. APPLICANT
DESCRIPTION
ACRES COUNTY
STIP#
0-43378
All 36-16-100
640.00
Sweetwater 140
0-43379
All 16-17-100
640.00
Sweetwater 5
0-43380
All 36-17-100
640.00
Sweetwater 140
0-43381
All 36-18-100
640.00
Sweetwater 5
0-43382
All 16-22-100
640.00
Sweetwater 140
0-43383
All 16-23-100
640.00
Sweetwater 5
0-43384
All 36-23-100
640.00
Sweetwater None
0-43385
Tract 37 (form.
All 16)-24-100
640.00
Sweetwater None
0-43386
Tract 40 (form.
All 36)-24-100
640.00
Sweetwater None
0-43387
All 16-15-101
640.00
Sweetwater 140
0-43388
All 36-15-101
640.00
Sweetwater 140
0-43389
All 16-16-101
640.00
Sweetwater None
0-43390
All 36-16-101
640.00
Sweetwater 5,140
0-43391
All 16-18-101
640.00
Sweetwater 5
0-43392
All 36-18-101
640.00
Sweetwater None
0-43393
All 16-19-101
640.00
Sweetwater None
0-43394
All 36-19-101
640.00
Sweetwater None
0-43395
All 36-21-101
640.00
Sweetwater 5
0-43396
All 16-22-101
640.00
Sweetwater 5,140
0-43397
All 16-23-101
640.00
Sweetwater 5
0-43398
All 36-23-101
640.00
Sweetwater 5,140
0-43399
Tract 39 (form.
All 16)-24-101
640.00
Sweetwater 5
0-43400
Tract 38 (form.
All 36)-24-101
640.00
Sweetwater 5
0-43401
All 16-25-101
640.00
Sweetwater 140
0-43402
Lots 1-4:W2E2: 645.21
W2 36-25-101
Sweetwater 4
0-43403
All 16-17-102
640.00
Sweetwater None
0-43404
All 16-18-102
640.00
Sweetwater None
0-43405
All 36-18-102
640.00
Sweetwater 5
0-43406
All 16-19-102
640.00
Sweetwater None
LEASE NO. APPLICANT
DESCRIPTION
ACRES COUNTY
0-43407
All 36-19-102
0-43408
E2:E2W2:SW: 629.00
Pt. W2NW:
Pt. NWSW 16-20-102
Sweetwater 5
0-43409
All 36-20-102
640.00
Sweetwater None
0-43410
All 16-21-102
640.00
Sweetwater 5,140
0-43411
All 36-21-102
640.00
Sweetwater 5
0-43412
All 16-22-102
640.00
Sweetwater 5,140
0-43413
All 36-22-102
640.00
Sweetwater 5,140
0-43414
All 16-23-102
640.00
Sweetwater 5,140
0-43415
All 36-23-102
640.00
Sweetwater 5,140
0-43416
All 16-24-102
640.00
Sweetwater 5,140
0-43417
Lot 37 (form.
All 36)-24-102
611.35
Sweetwater 5
0-43418
W2NE:E2NW
11-25-102;
NE 15-25-102
320.00
Sweetwater 5,140
0-43419
All 16-25-102
640.00
Sweetwater 5,140
0-43420
All 36-25-102
640.00
Sweetwater 5,140
0-43421
All 16-19-103
640.00
Sweetwater None
0-43422
All 36-19-103
640.00
Sweetwater None
0-43423
All 16-20-103
640.00
Sweetwater 5
0-43424
All 36-20-103
640.00
Sweetwater 5
0-43425
All 16-21-103
640.00
Sweetwater 5
0-43426
All 36-21-103
640.00
Sweetwater None
0-43427
All 16-22-103
640.00
Sweetwater 5,57
0-43428
All 36-22-103
640.00
Sweetwater 5,140
0-43429
All 16-23-103
640.00
Sweetwater None
0-43430
All 36-23-103
640.00
Sweetwater 5,140
0-43431
SESE12-24-103
0-43432
0-43433
0-43434
640.00
STIP#
Sweetwater None
40.00
Sweetwater 5
All 16-24-103
640.00
Sweetwater 5
Lot 37 (form.
All 36)-24-103
641.70
Sweetwater 5
E2SE 14-25-103 160.00
E2NE 23-25-103
Sweetwater 5,140
LEASE NO. APPLICANT
DESCRIPTION
ACRES COUNTY
0-43435
SWNE 18-25-103 200.00 Sweetwater 5,140
SE 20-25-103
0-43436
All 16-25-103
640.00
Sweetwater 5,140
0-43437
S2NW:N2SW
35-25-103
160.00
Sweetwater 5
0-43438
All 36-25-103
640.00
Sweetwater 5
0-43439
Lots 1-16
16-19-104
600.58
Sweetwater 5
0-43440
All 36-19-104
640.00
Sweetwater None
0-43441
Lots 1-16
16-20-104
599.48
Sweetwater 5
0-43442
All 36-20-104
640.00
Sweetwater 5
0-43443
All 16-21-104
640.00
Sweetwater 5
0-43444
All 36-21-104
640.00
Sweetwater None
0-43445
All 16-22-104
640.00
Sweetwater 5,140
0-43446
All 36-22-104
640.00
Sweetwater 5
0-43447
All 16-24-104
640.00
Sweetwater 5
0-43448
All 36-24-104
640.00
Sweetwater None
0-43449
All 16-25-104
640.00
Sweetwater 5,140
0-43450
All 36-25-104
640.00
Sweetwater 5,140
0-43451
Lots 1-16
16-19-105
668.27
Sweetwater 5
0-43452
All 16-20-105
640.00
Sweetwater 5
0-43453
All 16-21-105
640.00
Sweetwater None
0-43454
All 36-21-105
640.00
Sweetwater 5
0-43455
Tract 38 (form.
All 16)-22-105
640.00
Sweetwater 140
0-43456
All 36-22-105
640.00
Sweetwater 5
0-43457
All 16-23-105
640.00
Sweetwater 5,140
0-43458
All 36-23-105
640.00
Sweetwater 5,140
0-43459
All 16-24-105
640.00
Sweetwater 5,140
0-43460
N2SW 24-24-105 80.00
Sweetwater 5,140
0-43461
All 36-24-105
Sweetwater 5,140
640.00
STIP#
LEASE NO. APPLICANT
DESCRIPTION
0-43462
Lot 1 16-58-84
Youngs Creek Mining
Company, LLC
ACRES COUNTY
18.34
STIP#
Sheridan
None
The Director recommends that the Board approve the above described Coal lease applications
with the described Standard Stipulations and allow the Director to issue the leases effective
February 2, 2014.
BOARD ACTION: _______________________________________________________
February 6, 2014
BOARD MATTER F-6
ACTION:
Consider Sand, Gravel, Rock Crushed for Aggregate and
Borrow Material Applications
AUTHORITY:
ALTERNATIVES:


Deny Applications
ANALYSIS:
The following applications for Sand, Gravel, Rock Crushed for Aggregate and Borrow
Material leases are submitted for Board of Land Commissioners’ consideration.
LEASE NO. APPLICANT
DESCRIPTION
ACRES
COUNTY
STIP#
SG-01910
E.A. Desmarteau
Pt. NWNE
16-40-70
15.00
Converse
136,143
SG-01911
Western Sunset,
LLC
Pt. NE:
Pt. N2SE:Pt. SWSE
16-40-70
137.00
Converse
136,143
SG-01912
The Stone Yard,
LLC
Pt. NWSE:
Pt. SW 16-40-70
30.00
Converse
136,143
SG-01913
TS Aggregate
Pt. NWSW
36-40-71
20.00
Converse
136,143
The Director recommends that the Board approve the above applications for Sand,
Gravel, Rock Crushed for Aggregate and Borrow Material leases with the described
Standard Stipulations and allow the Director to issue the lease effective February 2,
2014.
BOARD ACTION: _______________________________________________________
February 6, 2014
BOARD MATTER F-7
ACTION:
Consider Application for Sand, Gravel, Rock Crushed for
Aggregate and Borrow Material Lease Renewal
AUTHORITY:
ALTERNATIVES:


ANALYSIS:
The following application for a Sand, Gravel, Rock Crushed for Aggregate and Borrow
Material lease renewal is submitted for Board of Land Commissioners’ consideration.
LEASE NO. APPLICANT
DESCRIPTION
ACRES
COUNTY
STIP#
SG-01898
Pt. SESE
36-56-81
10.00
Sheridan
None
Sheridan County Public
Works Department
The Director recommends that the Board approve the above described Sand, Gravel,
Rock Crushed for Aggregate and Borrow Material lease renewal application and allow
the Director to issue the lease effective February 2, 2014.
BOARD ACTION: _______________________________________________________
February 6, 2014
BOARD MATTER F-8
ACTION:
Consider Applications for Uranium Leases
AUTHORITY:
ALTERNATIVES:


Approve Application
Deny Application
ANALYSIS:
The following applications for Uranium leases are submitted for Board of Land Commissioners’
consideration.
LEASE NO. APPLICANT
DESCRIPTION
ACRES
COUNTY
STIP#
0-43463
Americo Resources, LLC
All 36-40-93
640.00
Fremont
5
0-43465
Stakeholder Energy, LLC
N2NW 16-37-75 80.00
Converse
136,143
0-43466
Stakeholder Energy, LLC
All 36-38-76
Converse
136,143
640.00
https://lands.state.wy.us/index/php/subsurface/oil-a-gas-lease-auctions/standard-stipulations.
The Director recommends that the Board approve the above described Uranium lease
applications with the described Standard Stipulations, and allow the Director to issue the
leases effective February 2, 2014.
BOARD ACTION: _______________________________________________________
February 6, 2014
BOARD MATTER F-9
ACTION:
Consider Renewal Application for Uranium Lease
AUTHORITY:
ALTERNATIVES:


ANALYSIS:
The following application for Uranium lease is submitted for Board of Land Commissioners’
consideration.
LEASE NO. APPLICANT
DESCRIPTION
ACRES
COUNTY
STIP#
0-15536
All 16-28-92
640.00
Fremont
4, 136
Energy Fuels Wyoming, Inc.
https://lands.state.wy.us/index/php/subsurface/oil-a-gas-lease-auctions/standard-stipulations.
The Director recommends that the Board approve the above described Uranium lease
renewal application with the described Standard Stipulations, and allow the Director to issue
the lease effective January 2, 2014.
BOARD ACTION: _______________________________________________________
February 6, 2014
ACTION:
BOARD MATTER G - 1
Easement Applications for Consideration
AUTHORITY: W. S. 36-9-118; W. S. 36-9-120; Board of Land Commissioners’ Rules and Regulations, Chapter 3, Section 7(e)
No.
Name
Purpose
Description
8915
* 8916
Sinclair Wyoming Refining Co.
Sinclair Wyoming Refining Co.
Pipeline
Pipeline
Sec. 36-21-86
Sec. 36-21-86
* 8918
PacifiCorp, dba Rocky Mtn Power
Power line
* 8928
WGR Operating, LP
* 8929
Consideration
Term
CB
CB
$1,212.00 based on $50.00/rod (MV) – 30’
$1,212.00 based on $50.00/rod (MV) – 30’
(The above two are in the same trench)
35 years
35 years
24.24 rods
24.24 rods
Sec. 36-30-108
SB
$17,720.00 based on $4,000.00/acre (MV) – 40’
35 years
4.43 acres
Pipeline
Sec. 13-40-76
CO
$632.75 based on $25.00/rod (MV) – 25’
35 years
25.31 rods
RKI Exploration and Production
Pipeline
Sec. 36-40-72
CO
$6,489.00 based on $30.00/rod (MV) – 30’
35 years
216.30 rods
8930
Thunder Creek Gas Services, LLC
Expansion of an old
Compressor site
Sec. 16-44-73
CL
$1,500.00 based on Offer (MV)
22 years**
0.25 acres
8931
Rocky Mountain Power
Power line
Sec. 11-31-70
CO
$250.00 minimum based on BLC Ch. 3 rules – 10’
35 years
18.97 rods
8932
Powder River Energy Corporation
Power line
See File
JO
$17,032.27 based on $10.50/rod (MV) – 30’
35 years
1,622.12 rods
8933
Stephen and Jill Collen
Roadway
Sec. 6-51-103
PA
$4,428.25 based on $25.00/rod (MV) – 30’
Perpetual
117.13 rods
8936
Pioneer Wind Park I, LLC
Transmission Line
SEE FILE
CO
$45,716.67 based on $65/rod (MV) - 150’
35 years
703.33 rods
DCP Douglas, LLC
Pipeline
Sec. 16-42-72
CL
$14,499.45 based on $45/rod (MV) – 30’
35 years
322.21 rods
8940
Powder River Energy Corporation
Power line
Sec. 23-43-76
CL
$250.00 minimum based on BLC Ch. 3 rules – 30’
35 years
8.06 rods
8943
PacifiCorp, dba Rocky Mtn Power
Power line
Sec. 36-44-93
HS
$307.65 based on $10.50/rod (MV) – 10’
35 years
29.30 acres
* 8937
County
Acres/Rods
*Easement application which includes a Temporary Use Permit for construction activities only.
** 8930 – Easement term to coincide with expiration of existing compressor site easement #6657 – December 1, 2036.
DIRECTORS RECOMMENDATIONS:
The Director recommends that the Board approve the Easements and any related Temporary Use Permits as set forth above.
BOARD ACTION:
Page 1 of 1
BOARD MATTER G-2
February 6, 2014
ACTION:
AUTHORITY:
W.S. 36-2-107, Board of Land Commissioners' Rules and Regulations, Chapter 14, Section 7
Permit No.
Applicant
Use
219
Bill Barrett Corporation
364
Charger Resources, LLC
600
BP America Production Company
655
923
936
Wyoming Department of Transportation
PacifCorp
National Fuel Corporation
1338
International Petroleum, LLC
1786
1919
L & J Operating
2092
University of Wyoming
2287
ONEOK Bakken Pipeline, LLC
2358
2365
Richard A. Nelson
2419
Phoenix Production Company
Area
Legal
County
Term
Consideration
Access Road to Multiple 296.8 Rods
Locations
Access Road to a Single 320.00 Rods
Location
Sec. 17-40-75
Converse
5 years
$1,484.00/year
Sec. 16-40-74
Converse
5 years
Access Road to Multiple
Locations
Stockpile/Hot Mix Site
Monitoring
Site/Vegetation
Access
Road to a Single
Location
Access Road to a Single
Location
Location
Location
Straticgraphic Test Well/
Monitoring Wells
Access Road to Single
Location
Locations
Encroachment of
Building and
Appoximately 600 Feet
of
LandHandling Site
Waste
242.42 Rods
Sec. 16-19-94
Sweetwater
5 years
$1,600.00/1st
year;
$960.00/year
thereafter
$1,212.10/year
7.00 Acress
3.00 Acres
445.00 Rods
Sublette
Converse
Hot Springs
2 years
5 years
5 years
$600.00/year
$100.00/year
$1,335.00/year
193.00 Rods
Sec, 16-30-107
Sec. 16-37-75
Sec(s) 16, 23-4699
Sec. 36-28-92
Fremont
5 years
$579.00/year
162.00 Rods
Sec. 36-54-76
Campbell
5 years
$486.00/year
124.00 Rods
Sec. 16-53-75
Campbell
5 years
$372.00/year
Sec. 16-20-101
Sweetwater
1 year
$350.00/year
452.55 Rods
Sec. 16-56-61
Crook
5 years
$1,357.65/year
284.60 Rods
Sec. 16-43-75
Campbell
5 years
$1.423.00/year
0.99 Acres
Sec. 17-53-65
Crook
1 year
$500.00/year
0.05 Acres
Sec. 27-47-101
Park
1 year
$1,200.00/year
Page 1 of 3
2486
Farrel B. Price
2495
QEP Resources, Inc.
2496
2497
Shawn Fricke dba: Skyline Outfitters
2498
2499
Western Sunset, LLC
2500
RKI Exploration & Production, LLC
2501
Thunder Creek Gas Services, LLC
2503
2504
2505
2506
2507
2508
Encroachment of Fixed
Cover for Travel Trailer,
Deck, Outhouse
Access Road to a Single 172.00 Rods
Location
Sec. 33-28-119
Lincoln
1 year
$1,000.00/year
Sec. 36-15-92
Carbon
5 years
Locations
Outfitting/Guiding - Non
Exclusive
Locations
Haul Road for
Sand/Gravel Lease
Location
252.00 Rods
Sec. 16-43-73
Campbell
5 years
$860.00/1st year;
$516.00/year
thereafter
$1,260.00/year
Various
5 years
$150.00/year
Locations
Nate Crookshank
Outfitting/Guiding Guided Fishing
Locations
Locations
Wyoming Department of Transportation
Construction/Borrow
Material
Dustin DeCroo
Outfitting/Guiding - Non
Exclusive
Tallgrass Interstate Gas Transmission, LLC Construction Activity
712.00 Rods
Sec. 16-49-79
Johnson
5 years
$3,560.00/year
72.73 Rods
Sec. 36-40-71
Converse
3 years
$363.65/year
227.00 Rods
Sec. 36-38-72
Converse
5 years
321.33 Rods
Sec. 16-44-75
Campbell
1 year
$1,135.00/1st
year;
$681.00/year
thereafter
$1,606.65/year
Various
5 years
$250.00/year
96.80 Rods
Sec. 7-49-78
Johnson
5 years
$484.00/year
93.90 Rods
Sec. 8-41-75
Campbell
5 years
$469.50/year
3.75 Acres
Sec. 22-25-68
Platte
1 year
Various
5 years
Goshen
1 year
0.01 Acres
Sec. 31-22-62
$100.00/year plus
$.25/cubic yard
$150.00/year
$100.00/year
Page 2 of 3
The Director recommends that the Board approve the above applications for temporary use permits.
BOARD ACTION:___________________________________________________________________________
Page 3 of 3
February 6, 2014
BOARD MATTER H - 1
ACTION:
CONSIDER A PROPOSED DISPOSAL OF STATE TRUST LAND,
856.43 ACRES, NATRONA COUNTY, WYOMING
AUTHORITY:
W.S. 36-9-101, Board of Land Commissioners’ Rules and Regulations,
OVERVIEW OF PROPOSAL AND PROCESS:
The Director of the Office of State Lands and Investments (OSLI) has determined the
subject parcels of State Trust Land may be suitable for disposal. The land was
nominated by East Elkhorn Ranch, LLC on April 25, 2013. On April 26, 2013, the
Director moved the parcels to the Category II Disposal List in accordance with Wyoming
Board of Land Commissioners’ Rules and Regulations (Board’s Rules).
SUBJECT PROPERTY DESCRIPTIONS:
The parcels are located in Natrona County, Wyoming, and are approximately two (2)
miles southeast of the City of Casper, and approximately three and one half (3.5) miles
south of Interstate 25. Maps are attached.
Herein described as Tract 1:
Section 36, - Township 33 North, Range 79 West, of the 6th P.M.
All (640 acres)
Fund: CS- Common School.
Section 1, Lot 4, - Township 32 North, Range 79 West, of the 6th P.M. (32.56 acres)
Fund: CS- Common School
Section 2, Lot 1, Lot 2, SW4NE4 - Township 32 North, Range 79 West, of the 6th P.M.
(105.67 acres)
Fund: CS- Common School
Section 30, Lot 1, Lot 2 - Township 33 North, Range 78 West, of the 6th P.M. (78.20
acres)
Fund: OM- Omnibus Fund
This total proposed disposal of State Trust Lands comprises:
856.43 acres±
SUBJECT PROPRTY INFORMATION:
The subject property encompasses two (2) non-contiguous parcels containing
approximately 856.43± acres. Tract 1 is a full section of land (640± acres). Tract 2
includes three (3) lots and an additional quarter-quarter section for a total of 138.23±
acres, which are contiguous to the southern boundary of Tract 1. Tract 3 includes two
(2) lots totaling 78.20± acres located one half (1/2) mile northeast of Tracts 1 and 2.
The major vegetative cover consists of native short grasses, shrubs, and forbs. There
are scattered, non-merchantable ponderosa pine trees on the southern most extent of
the property.
Existing rights held by the State of Wyoming are 100% of the surface estate and 100%
of the mineral estate. The proposed transaction will dispose of the surface estate only.
The State of Wyoming will retain all interests in the mineral estate.
Page 1 of 6
IMPROVEMENTS:
There are no structural improvements on the property. Land improvements consist of
fencing, a separately owned reservoir on Tract 2, and a stock well on Tract 3. The
subject tracts are partially fenced and cross-fenced. However, the fencing does not
appear to follow property lines or completely surround the properties.
Tract 1: No land improvements.
Tract 2: Fencing on Section 2 has an estimated contributory value of $250.00.
Tract 3: An existing stock well (P94789.0W) is not approved by the Board of Land
Commissioners and may not have ever been drilled as evidence of infrastructure could
not be found.
GRAZING AND AGRICULTURAL LEASES:
Tract 1:
The current Grazing and Agricultural Lease is issued to The Estate of Gibson S.
Peterson (No. 1-7860) and is set to expire on January 1, 2022. Lease No. 1-7860
consists of 640.00 acres with a rated carrying capacity of one hundred fifty-one (151)
Animal Unit Months (AUMs). Based on the AUM fee formula established by the Board of
Land Commissioners (Board), the 2013 rental income was $724.80 ($4.80/AUM x 151
AUMs = $724.80).
Tract 2:
The current Grazing and Agricultural Lease is issued to The Estate of Gibson S.
Peterson (No. 1-7230) and is set to expire on January 1, 2018. Lease No. 1-7230
consists of 138.23 acres with a rated carrying capacity of forty-three (43) Animal Unit
Months (AUMs). Based on the AUM fee formula established by the Board, the 2013
rental income was $206.40 ($4.80/AUM x 43 AUMs = $206.40).
Tract 3:
The current Grazing and Agricultural Lease is issued to East Elkhorn Ranch, LLC (No.
1-8870) and is set to expire on February 1, 2022. Lease No. 1-8870 consists of 78.20
acres with a rated carrying capacity of twenty-five (25) Animal Unit Months (AUMs).
Based on the AUM fee formula established by the Board, the 2013 rental income was
$120.00 ($4.80/AUM x 25 AUMs = $120.00).
These tracts will be sold subject to the existing Grazing and Agricultural Leases, and
these Leases shall be assigned to the successful bidder after completion of the sale.
APPRAISED VALUE:
Deborah A. Gillihan of Hilston Appraisals has completed an appraisal of the subject
property per instructions from OSLI. The effective date of the appraisal was June 10,
2013 for Tracts 1, 2 and 3. The appraiser was instructed to estimate the current market
value of the fee simple interest for the parcels, excluding mineral estate and assuming
legal public access.
Based on the inspection, available market data and analyses, assumptions, limiting
conditions, and the certifications, the appraiser's estimated opinion of market value for
the defined property rights with an effective date of June 10, 2013 is:
Page 2 of 6
Tracts 1 and 2
778.23 Acres of State Trust Land at $1798 per acre
$1,400,000
One Million, Four Hundred Thousand Dollars
Tract 3
78.20 Acres of State Trust Land at $3196 per acre
$250,000
Two Hundred Fifty Thousand Dollars
OSLI has reviewed the appraisal and concurs with the methods used and estimated
market values.
The appraisal, including the various subdivision development scenarios, comparable
sales information, maps, photographs and related information, as well as the appraisal
review completed by OSLI, are available upon request.
INCOME GENERATING POTENTIAL:
Pursuant to Chapter 26 of the Board’s Rules, the Detailed Analysis shall include an
estimate of the income generating potential of the subject property:
Existing Annual Income by Tract
Tract 1
Grazing Lease No. 1-7860; 151 AUMs
Tract 2
Grazing Lease No. 1-7230; 43 AUMs
Tract 3
Grazing Lease No. 1-8870; 78.20 AUMs
Total
$724.80
$206.40
$120.00
$1,051.20
Cumulative existing income for the three (3) subject tracts is $1,051.20 annually.
Based on information from the State Treasurer’s Office, using an estimated short term
three (3) year yield of 3.29%, proceeds from disposal would generate approximately
$54,259 annually. Based on a projected long-term ten (10) year yield of 7%, proceeds
from disposal would generate approximately $115,448 annually.
ANTICIPATED APPRECIATION OF THE PARCELS AS REAL ESTATE ASSETS:
The subject property is typical of rural land with development possibility, which
generates a medium to high appreciation potential. The appreciation rate for transitional
property in the path of future development is largely influenced by the type and quality
of development occurring in the proximity of the subject.
In the table below, OSLI compared a high and low estimate of appreciation plus
earnings to an estimate of investment return upon disposal. Property value appreciation
was based on the USDA Agricultural Land Values Summary Reports 1998-2012.
Multiple factors can dramatically increase or decrease pasture values in any given
year, and these rates have varied from a high of +22.0% (2007) to a low of -26.9%
(1999). The appreciation estimates are based on a conservative analysis of trends,
which resulted in an annual appreciation rate ranging from a low of 3.20% and a high of
6.30%.
Investment earnings were based on the Common School Permanent Land Fund’s
projected long-term average total rate of return as reported by the State Treasurer's
Page 3 of 6
Office. Ultimately, this comparison is based on highly fluctuating real estate values and
should not be viewed as an actual performance estimate.
These rates are for relative earning potential only. Appreciated land value is inherently
speculative and would only be realized on a future sale.
10 Year Comparison of Appreciation and Income versus Earnings
10 Year Hold (low)
Tract
1
Tract
2
Tract
3
Total
10 Year Hold (high)
10 Year Disposal
7% Investment
Earnings
Appraised
Value
3.2% Appreciation + 6.3% Appreciation +
Current Income (x10 Current Income (x10
yrs.)
yrs.)
$1,150,720
$433,292
$976,364
$1,112,920.41
$248,537
$94,083
$211,378
$240,372.90
$250,000
$1,649,257
$93,760
$621,135
$211,746
$1,399,487
$241,787.84
$1,595,081
versus
The sum of the current appraised value, estimated appreciation and income, or
investment earnings for the subject tracts is outlined in the table below.
Total Potential Returns
10 Year Hold (low)
Base Appraised Value, all
tracts
$1,649,257
Appreciation & Income, or
Earnings
$621,135
Total
$2,270,392
10 Year Hold (high)
10 Year
Disposal
$1,649,257
$1,649,257
$1,399,487
$3,048,744
versus
$1,595,081
$3,244,338
POLICY CRITERIA:
In 1997, Wyoming Session Laws Chapter 200, section 3(a)(i) the Wyoming Legislature
declared that trust land should remain a substantial component of the trust portfolio,
managed under a total asset management policy, and with a focus on protecting the
corpus for multiple generations. Subsequently, the Board adopted criteria for evaluation
of land exchanges, sales, acquisitions, and long-term leases--collectively called Trust
Land Management Objectives, on August 10, 2005. A proposal need not meet all
objectives, but all objectives are considered by the Board of Land Commissioners which
has the sole discretion in determining how to best manage State Trust Lands.
Trust Land Management Objectives:
1) To better meet the beneficiaries short and/or long term needs
2) Improve the manageability of land assets
3) Meet a specific school and/or community need
A summary of key points considered in this transaction evaluation are outlined below:
Better meet the beneficiaries’ short and/or long term objectives:
Page 4 of 6
OSLI concurs with the appraiser and believes the estimated opinion of market value is
an accurate depiction of possible land values and uses including any development
potential that may be present. The appraised value and its attributes should be taken
into consideration when comparing the possible scenarios of current disposal and future
disposal.
An evaluation of growth patterns and long-range planning efforts in the Casper
metropolitan area reveal a hypothetical development scenario, which could significantly
improve revenue-generating potential of these tracts. However, the likelihood and timing
of such an endeavor are subject to multiple risks and uncertainties. Consequently,
revenue generation of the subject properties should be viewed solely under current
income-generating activities which yield a collective $1,051.20 annually. Additional uses
are limited by access issues and availability of alternative land in the area.
As depicted in the preceding table, projected investment earnings from disposal of this
parcel would outperform appreciation and revenue estimates from current and
contemplated uses. Proceeds from a sale, additionally, would be deposited in the
Common School Permanent Land Fund and shall be held on deposit until such time as
the Board wishes to invest the funds or purchase other lands. Therefore, disposal of the
subject parcels would yield investment earnings until such time as a separate proposed
acquisition or exchange could prove substantial benefits based on the Trust Land
Management Objectives.
Improve the manageability of the land asset:
OSLI has traditionally relied on the state lessees' stewardship and management
practices for sustained yields and proper management of inaccessible State Trust Land
in-holdings. However, through land consolidation efforts and interagency cooperative
efforts, the State’s Trust Beneficiaries have historically benefitted from the disposal of
in-holdings and isolated parcels for future acquisitions of larger, contiguous tracts.
Through disposal of the subject tracts, the Board would have an opportunity to improve
asset manageability through the consolidation of state and private ownership patterns
and the ability to acquire other consolidated lands for the benefit of the State’s Trust
Beneficiaries once an opportunity arises.
Meet a specific school and/or community need:
As outlined in the appraisal, available parcels to address community growth
opportunities are ample in southeast Casper. Access limitations, surrounding ownership
patterns, and preferred alternative sites minimize the subject property's role in public
recreation and use.
Currently, The Nature Conservancy (TNC) holds a conservation easement on lands
bordering the west side of Tracts 1 and 2. The conservation easement does not provide
for general public access nor does it allow for public access to the subject State Trust
Lands proposed for disposal. Additionally, should TNC acquire the property it currently
holds the conservation easement on, it would be managed by TNC similar to other fee
properties it owns in that public access is not implicitly granted but rather monitored and
allowed on a case by case basis.
CONCLUSION:
It is the opinion of OSLI that disposal of the subject property will better meet the short
and long term objectives of the State's Trust Beneficiaries through optimized,
sustainable revenue generation. Disposal may further offer the opportunity to acquire
other land assets, which would improve manageability and/or meet a specific school or
community need.
Page 5 of 6
The subject property lacks public access, provides limited income, and has speculative
appreciation value. It is the opinion of OSLI that disposal of these tracts would provide
the opportunity to acquire more manageable, higher revenue producing land.
Alternately, proceeds could be invested by the State Treasurer’s Office to generate a
higher rate of return than what is currently realized by existing uses.
The sale proceeds could be used in accordance with W.S. 9-4-715(k) and the Board’s
Rules, Chapter 26, Section 3, to purchase land adjoining other State Trust Land, which
would improve manageability. OSLI resources can be more efficiently utilized in
managing land with higher marketable amenities, enhanced legal access, and/or
multiple compatible uses rather than small isolated parcels with single or limited uses.
A Detailed Analysis was prepared pursuant to the Board’s Rules, and has been
available on OSLI’s website since December 23, 2013. It has also been available for
public viewing in the Natrona County Library and the Natrona County Clerk’s Office.
Should this proposed disposal be approved by the Board, OSLI will follow the disposal
procedures as required by W.S. 36-9-101 and the Board’s Rules, Chapter 26, Section 4.
Notification of sale will be published in a local and statewide newspaper for four (4)
consecutive weeks. In addition, OSLI will market the sale of the parcels to the real
estate community, on OSLI’s website, and have information available for public viewing
at several locations in Natrona County, including the County Library.
On January 9, 2014, a public hearing was held at the Natrona County Library, in
Casper, Wyoming. During the hearing, no oral comments were received and two (2)
written comments were received during the thirty (30) day comment period beginning
December 23, 2013 through January 23, 2014. One (1) written comment was submitted
on behalf of the Natrona County Commissioners, (attached). The Commissioners
expressed their full support for this proposed disposal. One (1) written comment has
been received dated January 15, 2014 from Mr. Bruce Russell of Casper, (attached).
Mr. Russell expressed his concern with the public hearing notification process,
opinions on restricting public access and the seemingly low appraised value per acre.
OSLI intends to auction the subject property as three (3) separate tracts which are
described in the appraisal. The parcels will be sold subject to the current grazing and
agricultural leases, water rights, mineral lease, and easements. All interest in the
mineral estate will be retained by the State of Wyoming.
It has now been over thirty (30) days since the Detailed Analysis and other required
information was made available to the public. Accordingly, the Board must consider, in
open session, the proposed sale. If the Board rejects the proposed sale, OSLI shall
remove the proposal from the Category II Disposal List. If the Board approves the
proposed sale, pursuant to W.S. 36-9-101 and the Board’s Rules, it shall authorize the
sale, establish the minimum bid and direct the OSLI to sell the parcels at public auction.
The Director recommends the Board authorize the sale of 856.43 acres in Natrona
County, WY described as Tracts 1 (640 acres), Tract 2 (138.23 acres) and Tract 3
(78.20 acres) above. The Director recommends a minimum bid of $1,150,720 for Tract
1, $249,280 for Tract 2, and $250,000 for Tract 3 for a total of $1,650,000 be
established for the sale and that the parcels be advertised for sale and sold at public
auction. The Director further recommends that the terms of the sale shall be subject to
all surface leases for the term of each lease. If the Director’s recommendation is
approved, the land will be auctioned in Natrona County, Wyoming.
BOARD ACTION:
Page 6 of 6
Attachment 1
Subject
Parcels
NATRONA COUNTY COMMISSIONERS
200 N. CENTER ST., RM. 115
CASPER, Wi’ 82601
PHONE (307) 235-9202
FAX (307) 235-9486
Forrest Chadwick
Robert Hendry
Mail Keating
Bill McDowell
Terry Wingerter
January 7, 2014
Matthew H. Mead, Governor
Bridget Hill, Director
Wyoming Board of Land Commissioners
200 West 24th Street
Cheyenne, WY 82002
In re: Proposed State Trust land disposal; Natrona County
Dear Governor Mead,
The Natrona County Board of Commissioners have reviewed the information
provided us by the Office of State Lands and Investments on the above
referenced item. We heartily support the movement of state lands into private
ownership and these 856.43 acres eminently qualify in accomplishing that
strategy.
Thank you for your consideration.
“/411 ~1j~4
oDo elI, Chairman
Board of Natrona County Commissioners
Forwarded message
From: <go’~emor~wyo.go~
Date: Wed, Jan 15, 2014 at 7:35 AM
Subject: Contact the Go~emor Email from Website
To: go~ernor~wyo.gov
T
A
C L&:.~L~=I cD
_____
First Name: Bruce
Last Name: Russell
City: Casper
State: WY
Email: brussell2756~gmail.com
Subject: proposed sale of 856 acres of land SE of Casper
Message: I li~e .5 miles west of the plot of land. Was unaware of hearing in its proposed sale. I read it in paper. Our
land it going for $11,000 an acre. the land is accessible though the nature conservancy land next to it. McMurry
bought Evans’Alle’s water rights on that land and wants to control the entire area. This sale would put one more area
unaccessible to the general public. The nature conse~ancy took possession the land bordering the land in 2013.
Please reconsider the sale of this land and hold another meeting letting landowners in the area aware of such
meeting. if it is sold at least make permanent public access a condition of the sale.
L_ ~
——
E—Mail to and from me, in connection with the transaction
of public business, is subject to the Wyoming Public Records
Act and may be disclosed to third parties.
February 6, 2014
BOARD MATTER H-2
ACTION:
Consider a Proposed Amendment to the Agreement for the
Transfer of Lands and Interests in Lands by and between the
Wyoming Board of Land Commissioners and the United States
of America at Grand Teton National Park, Wyoming
AUTHORITY:
Wyo. Stat. § 36-2-101
BACKGROUND:
At the time of statehood, Wyoming was granted school trust lands in what later became
Grand Teton National Park. In 2010 the State of Wyoming owned four (4) parcels
containing 1366.32 surface and 1405.91 mineral acres within the exterior boundaries of
Grand Teton National Park, generally identified as follows:
Antelope Flats (surface and minerals)
Kelly on Gros Ventre Road (surface and minerals)
Snake River (surface and minerals)
Jackson Lake (minerals only)
640.00 acres
640.00 acres
86.32 acres
39.59 acres
The Wyoming Constitution directs the State (Board of Land Commissioners) to generate
a reasonable income from these trust lands to support Wyoming public schools.
However, due to these lands being within the exterior boundary of Grand Teton National
Park the Board is not able to realize the full potential economic value of these lands.
Prior to 2010, the Board, the Office of State Lands and Investments (OSLI) and others
had discussed the merits of an equal value exchange of these lands for decades. The
Grand Teton National Park Land Exchange Act, Public Law 108-32, was enacted in
June, 2003, under the sponsorship and active support of the late Senator Craig
Thomas. The Act authorizes federal acquisition of the state lands by 1) donation; 2)
purchase with donated or appropriated funds; or 3) exchange of federal lands in
Wyoming that are identified for disposal under approved land use plans. A consistent
effort by the Board and OSLI to effectuate an exchange had been pursued since the
late 1990’s.
In 2010, the Board notified Grand Teton National Park that because it had been unable,
for too long to resolve this issue in collaboration with the Federal government, the Board
was prepared to discharge its fiduciary responsibility and manage the trust lands noted
above relative economic value and planned to sell the 640-acre Kelly parcel at public
auction unless the Department of Interior and Congress were able to further the
exchange effort in the near future; and that absent a commitment to expedite an
updated appraisal and report to Congress under terms the Board and present
administration could agree on, the Board would direct OSLI to proceed to sell the 640
acre Kelly Parcel at public auction, in accordance with Wyoming law.
After considerable efforts to resolve the matter, on December 10, 2010, the State of
Wyoming, Board of Land Commissioners and the Department of the Interior
(Department) entered into an Agreement (attached) for the Conveyance of Interest in
Lands wherein the Department agreed to acquire the state trust lands that lie within the
exterior boundary of Grand Teton National Park on a parcel-by-parcel basis, for a
specified amount, on or before a specific date as follows:
Jackson Lake Parcel
Snake River Parcel
Antelope Flats Parcel
Kelly Parcel
$
2,000.00
$16,000,000.00
$45,000,000.00
$46,000,000.00
On or before January 5, 2012
The Agreement was expressly conditioned upon the Wyoming Legislature granting the
Board the authority to directly transfer the state trust land parcels to the Department on
Page 1 of 2
the basis set forth in the Agreement. The Legislature granted that authority in the 2011
general session (HEA 22).
The Department acquired the Jackson Lake Parcel and the Snake River Parcel on or
before the deadlines set out above. However, in 2013 the Department indicated that
because it was unlikely to secure funding to allow it to meet the January 5, 2014
deadline to acquire the Antelope Flats Parcel and that it would like to work with the
Board to find a solution. Since that time, OSLI has been in discussions with the
Department to consider an alternative method of conveyance in the event the
Department was unable to meet is purchase obligation under the 2010 agreement. The
Department did not meet the January 5, 2014 deadline set out in the 2010 Agreement.
ANALYSIS:
The provisions of the 2010 agreement do not provide for automatic termination of the
agreement if the Department fails to acquire each parcel by its specified deadline.
Instead, the agreement is terminable at the discretion of the Board. However, both the
agreement and the 2011 legislation contemplated that the parties could consider
alternative methods of conveyance and amend the agreement accordingly.
After receiving notice that the Department may not be able to meet its purchase
obligation, discussions with OSLI have focused on a value-for-value exchange of
surface and/or mineral interest. Attached is a draft amendment to the 2010 agreement
outlining that the parties agree to work cooperatively to exchange the two (2) remaining
parcels in the park for federal land and mineral interests to be identified later. Key
provisions include:




Reappraisal of the Grand Teton State Trust Land Parcels – if the parcels
appraise for less than the amount in the 2010 agreement, the amendment may
be terminated by the Board
A deadline of January 5, 2016 to complete the exchange with an option to extend
the deadline to December 31, 2016 if critical administrative processes are
substantially complete.
Recognition that the State of Wyoming will generally not be responsible for costs.
If the exchange is not complete by the applicable deadline, the Board will place
the Grand Teton state trust land parcels on the Category I Disposal List and any
federal parcels found suitable for exchange will be considered for other
exchanges of interest to the Board.
In accordance with the 2011 Wyoming legislation, which required legislative approval of
alternative methods of conveyance, and Public Law 108-32 the Amendment is
expressly conditioned on receiving approval of the Wyoming Legislature and, if
necessary, additional approval from Congress.
The Director Recommends that the Board approve the attached Amendment to the
2010 Agreement providing for the transfer of the state trust land parcels within the
exterior boundaries of Grand Teton National Park.
BOARD ACTION:
Page 2 of 2
Draft dated: 1.30.14
AMENDMENT TO AGREEMENT FOR THE CONVEYANCE
OF LANDS AND INTERESTS IN LANDS
BETWEEN THE
STATE OF WYOMING BOARD OF LAND COMMISSIONERS
AND
THE UNITED STATES OF AMERICA
AT GRAND TETON NATIONAL PARK, WYOMING
This Amendment to the Agreement for the Conveyance of Lands and Interests in Lands
(Amendment) is entered into this ____ day of ____________, 20__ by and between: the State of
Wyoming, Board of Land Commissioners (Board), whose address is 122 West 25th Street,
Cheyenne, WY 82002, and the United States of America acting by and through the Department
of the Interior (Department), whose address is 1849 C Street, NW, Washington DC. 20240
(collectively referred to as Parties).
RECITALS
Whereas the Parties entered into an Agreement for the Conveyance of Lands and
Interests in Lands (Agreement) on December 16, 2010, whereby the Department would acquire
1405.91 acres of state trust lands within the exterior boundaries of Grand Teton National Park
(Park or GRTE) and generally identified as follows:
Antelope Flats (DOI Reference No. GRTE Tract 05-121): surface and minerals -640.00 acres, more or less
Kelly on Gros Ventre Road (DOI Reference No. GRTE Tract 06-102): surface
and minerals -- 640.00 acres, more or less
Snake River (DOI Reference No. GRTE Tract 02-118): surface and minerals -86.32 acres, more or less
Jackson Lake (DOI Reference No. GRTE Tract 08-167): minerals only -- 39.59
acres, more or less; and
Amendment to the Agreement between the Wyoming Board of Land Commissioners
and the United States Department of the Interior
Page 1 of 7
Whereas the Agreement specified that the United States, acting through the Department,
could acquire the state trust lands that lie within the Grand Teton National Park through a phased
acquisition on a parcel-by-parcel basis, each for a specified amount, and on or before a specific
date, as follows:
and
Jackson Lake Parcel
Snake River Parcel
Antelope Flats Parcel
Kelly on Gros Ventre Road Parcel
$
2,000.00
$16,000,000.00
$45,000,000.00
$46,000,000.00
On or before January 5, 2015;
Whereas the United States has acquired the Jackson Lake Parcel and the Snake River
Parcel but did not acquire the Antelope Flats Parcel by the specified deadline of January 5, 2014
and the Agreement may now be terminated by the Board; and
Whereas the Agreement contemplated that the Parties could consider alternative methods
of conveyance and mutually agree to pursue those methods; and
Whereas 2011 Wyo. Sess. Laws Ch. 51 specified that the Board could consider
alternative methods of conveyance including a land exchange but that such alternative method
required legislative approval by the state; and
Whereas the Grand Teton National Park Land Exchange Act, P.L. 108-32, provides for
the United States to acquire the Antelope Flats Parcel and the Kelly on Gros Ventre Road Parcel
by certain specified means, and provides that other alternatives for acquisition of these tracts
require prior approval by Congress; and
Whereas the Parties wish to pursue alternative methods to facilitate a conveyance of the
remaining state parcels from state ownership to the United States;
NOW, THEREFORE, in consideration of the mutual promises, agreements and
covenants set forth in this Amendment, the parties agree to amend the Agreement as follows:
1.
Purpose. Subject to compliance with applicable federal and state law and enactment by
the Wyoming Legislature and Congress of any legislation required to approve or
implement this alternative method of conveyance, the Parties hereby agree to work
cooperatively to exchange the two remaining state parcels described below for federal
land and mineral interests (hereinafter “federal land(s)”) located within the state of
Wyoming. The Parties will work collaboratively to identify appropriate federal lands to
be exchanged and to establish a mutually agreeable process for completing the exchange.
In return for conveyance of title to federal lands to be mutually identified by the Parties,
Page 2 of 7
the United States would acquire clear title to the Antelope Flats, and Kelly on Gros
Ventre Road parcels, more particularly described as:
Antelope Flats (DOI Reference No. GRTE Tract 05-121):
Township 43 North, Range 115 West, 6th P.M., Teton County, WY
Section 16
640.00 ± acres
Kelly on Gros Ventre Road (DOI Reference No. GRTE Tract 06-102):
Township 43 North, Range 115 West, 6th P.M., Teton County, WY
Section 36:
640.00 ± acres
In return for conveyance of title to the State of Wyoming of federal lands equal in value
to the two state parcels described above, the Board will convey title to those state parcels
to the United States. All conveyances will be by a form of deed or patent acceptable to
both Parties.
2.
Valuation Protocol. The Parties agree that a new appraisal report(s) shall be prepared to
establish the current value of the two remaining state parcels and the values of the federal
lands mutually identified for possible exchange. The appraisals of all lands and interests
must be prepared in conformance with applicable requirements of federal and state law,
including P.L. 108-32, the Uniform Appraisal Standards for Federal Land Acquisitions
and the Uniform Standards of Professional Appraisal Practice, and the appraisals for the
state parcels will recognize the right of access to non-federal lands within Grand Teton
National Park that is guaranteed by 16 U.S.C. § 406d-2(a). The Department of the
Interior, Office of Valuation Services (OVS), will be responsible for contracting for, and
the preparation of, all appraisals, including drafting the statements(s) of work, selection
of appraiser(s) pursuant to P.L. 108-32, and review of appraisal reports to confirm
conformance with the aforementioned appraisal standards, federal law and Departmental
policy. The Board shall have the opportunity to review, provide input and approve the
appraisal instructions prepared by OVS. After review and approval of the appraisals by
OVS, the Board shall have an opportunity to examine, comment on and ask for
corrections to, and approve for State use, the appraisal reports. The completed appraisal
reports must be approved by both OVS and the Board in order for the land exchange to
proceed in accordance with the following paragraphs.
Following approval of the appraisals, the appraisal reports shall be used to establish the
value of the lands and interests at issue. In the event the state parcels are appraised at
values less than the amounts described in the Agreement for those parcels, the Agreement
as amended hereby may be terminated by the Board, which will have no further
obligation hereunder.
Page 3 of 7
Based on the values established by the appraisals of the state parcels and federal lands
provided for in this Amendment, the Parties shall identify the federal lands to be
conveyed in exchange for the two state parcels, with the goal that the lands exchanged by
each party shall be approximately equal in value. If they are not approximately equal in
value, the appropriate party may elect to make a cash payment as necessary to equalize
values with the concurrence of the other party.
3.
Deadline. It is the Parties’ intent that the entire exchange be completed by January 5,
2016. In the event the exchange cannot be completed by January 5, 2016, but the
milestones discussed below have been achieved in substantial part, the Parties may agree,
in writing, to extend the time to complete the exchange until December 31, 2016. If the
exchange is not completed by the applicable deadline of January 5 or December 31, 2016,
then the Board will place the state parcels on the Board’s Category I Disposal List and
take such other action as it deems appropriate with regard to the state parcels, including,
but not limited to, termination of the Agreement as hereby amended. The federal lands
evaluated and found suitable for exchange in furtherance of this Amendment will then be
considered for exchange by the Parties in accordance with the provisions of the
Memorandum of Understanding dated November 29, 2012, between the Department of
the Interior and the State of Wyoming Board of Land Commissioners. The Parties
recognize that Wyoming has identified possible Lander Front and Fortification Creek
land exchanges to be of particular interest at this time. Nothing in this Agreement as
amended shall preclude the Parties from entering another agreement for the conveyance
of the state parcels or federal lands through other means consistent with applicable state
and federal law.
Milestones:
A. Within 60 days of the Parties reaching an agreement identifying the federal
lands for a possible exchange, the Department will prepare and submit a
report identifying such federal lands to the Senate Committee on Energy and
Natural Resources and the House Committee on Resources as necessary.
B. Substantial completion of all required federal administrative processes and
due diligence as well as all relevant environmental reviews, including but not
limited to, reviews carried out under the National Environmental Policy Act
(NEPA), the National Historic Preservation Act (NHPA) and the Endangered
Species Act (ESA) necessary to complete the exchange under this
Amendment and the Agreement, by no later than January 5, 2016.
C. Substantial completion of the appraisal of all parcels necessary to carry out the
exchange under this Amendment by no later than January 5, 2016.
Page 4 of 7
4.
Costs. The Parties recognize that provisions of applicable state and federal law may be
inconsistent in addressing responsibilities for particular costs. The Parties commit to
work together in good faith to resolve this in a manner that the State will generally not be
responsible for costs.
5.
Conditions. The actions provided for under this Amendment are conditioned upon the
availability of appropriations, enactment of any necessary legislation by Congress and/or
the Wyoming Legislature, and compliance by each Party with the requirements of
applicable laws. The Parties hereto intend to use their best efforts to effectuate the
exchange, including undertaking such efforts as may be necessary to receive any required
legislative authorizations. In the event the respective legislative bodies do not grant the
legislative authority necessary for the proposed exchange, the Parties shall have no
further obligations under these documents.
6.
Recording. The Department is responsible for recording the documents conveying title
to the two state parcels with the Register of Deeds of the Teton County Clerk’s Office.
The Department is responsible for paying its own recording fees. The Board is
responsible for recording the documents conveying title to any federal lands. The Board
is responsible for paying its own recording fees.
7.
Payment. If the Department secures the funding to purchase either or both of the state
parcels before the exchange under this Amendment is completed, it may do so at the
updated values established by the new appraisal report. In the event the Department elects
to pursue such cash payment, the Department and the Board shall mutually determine the
process for such purchase to be completed.
General Provisions:
1.
Same Terms and Conditions. With the exception of the items explicitly delineated in
this Amendment, all terms and conditions of the Agreement, including but not limited to
sovereign immunity, shall remain unchanged and in full force and effect.
2.
Entirety of Agreement.
The Agreement dated December 16, 2010, consisting of
ten (10) pages, Attachment A, a map consisting of one (1) page, and this Amendment,
consisting of six (6) pages, represent the entire and integrated agreement between the
Parties and supersedes all prior negotiations, representations, and agreements, whether
written or oral.
3.
Use of Donations. Consistent with applicable laws, donations may be used by the Parties
hereto in order to meet their respective obligations under this Agreement.
Page 5 of 7
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
Page 6 of 7
In witness whereof, the parties to this Amendment through their duly authorized representatives
have executed this Amendment on the days and dates set out below, and certify that they have
read, understood, and agreed to the terms and conditions of this Amendment as set forth herein.
This Amendment is deemed to have commenced on the date that the last signature is affixed
hereto.
Wyoming Board of Land Commissioners
122 West 25th Street
Herschler Building 3
Cheyenne, WY 82002-0600
______________________________
By: Governor Matthew H. Mead
Date: _________________________
United States of America
______ of the Interior
1849 C Street, NW
Washington, D.C. 20240
___________________________________
By: Assistant Secretary
Date: _______________________________
ATTORNEY GENERAL'S OFFICE APPROVAL AS TO FORM
______________________________________
Justin Daraie, Assistant Attorney General
Page 7 of 7
BOARD MATTER I – 1
February 6, 2014
REPORT:
AUTHORITY: Rules of the Board of Land Commissioners, Chapter 8
PURCHASER
PARCEL
COUNTY
SALE
TYPE
Bruce Quade
5, 8 - 53 - 103
Park
Firewood
VOLUME
PRICE
PER UNIT
TOTAL
VALUE
REVENUE
PER ACRE
100 Cords
$10.00
$1,000.00
$33.33
February 6, 2014
BOARD MATTER I – 2
ACTION:
FINAL CONDITIONAL APPROVAL OF FORESTRY
DIVISION TRUST LAND PRESERVATION AND
ENHANCEMENT ACCOUNT PROJECT
AUTHORITY:
Senate Enrolled Act No. 37 (Original SF0015), 2005 Session
Laws
ALTERNATIVES:
Approval or denial of the preservation and enhancement
projects.
ANALYSIS:
Pursuant to Chapter 85, 2005 Session Laws, the Wyoming Legislature created a
“State Trust Land Preservation and Enhancement Account” (TP&E Account).
The legislation provides that the account may be used to fund Board approved
projects that preserve and enhance the value of state trust lands. For accounting
and performance tracking purposes, subsequent appropriations to the TP&E
Account are accounted for separately.
The recommended project satisfies one or more of the established criteria and
priorities for preservation and enhancement account projects. Additionally, the
recommended project was evaluated and ranked using the project evaluation
system and questionnaire developed by the Office in accordance with the
strategic plan for the preservation and enhancement account. The project score
indicates that the projected outcomes would be consistent with objectives of the
program as identified within the Strategic Plan and ranked favorably when
compared to other potential projects. The scoring sheets are available for review
upon request.
DISCUSSION:
The Office has identified the following forest value enhancement project that it
recommends for approval by the Board:
Aug-Duck. Section 16, T. 47 N., R. 85 W.; Sections 10 and 15, T. 47 N.,
R. 84 W.; Johnson County. Timber stand improvement. 19 acres. Total
cost: $5,700.00. TP&E cost: $2,850.00.
The total maximum approved TP&E cost for the recommended project is
$2,850.00.
A summary of anticipated benefits of the forest value enhancement project
follows:
Economic Cost/Benefit: The project is economically feasible and utilizes federal
funds for fifty percent (50%) of the cost. Timber stand improvement has been
shown to generate a positive financial return.
Resource Benefit: The project may increase water quantity by reducing the
number of live trees per acre. The project improves vegetative health by
increasing spacing between trees and allocating resources to the most desirable
trees. The project addresses high priority landscapes identified by the Forest
Action Plan.
Trust Land Income: The project improves long-term income because without
thinning young forest stands will take longer to reach merchantable size and may
not reach merchantable size. The project improves the value of state lands
because healthy forests add value while unhealthy forests detract from the value
of the land. Additionally, since the thinning must be done, it would represent a
cost to a new landowner. The project protects the underlying value of state trust
Page 1 of 2
lands by maintaining healthy forest stands which contribute to the economic,
recreational, ecologic, and scenic values of the land.
Habitat Enhancement: The project enhances habitat by increasing forage
production in the understory, maintaining healthy forest stands, and by allowing
more rapid tree growth, which shortens the time needed to return large trees to a
previously harvested area.
Management: The project improves the manageability of state lands by helping
to maintain healthy forest stands thereby reducing the potential for future forest
health problems. The project allows the young forest stands to develop into
stands of larger trees than can be managed and harvested in the future. The
project improves forage production by reducing overstory density, which allows
for higher forage production in the understory. The project will be long term in
nature because pre-commercial thinning is typically conducted only once during
a 100-year rotation.
Intangible Benefits: There is no identified responsible party because the stands
in need of thinning are the result of previous timber harvesting.
The Director recommends, subject to funding availability, that the Board of Land
Commissioners grant approval to expend $2,850.00 from the Preservation and
Enhancement Account for the forest value enhancement project described
above.
BOARD ACTION:__________________________________________________
Page 2 of 2

INDEX TO THE BOARD OF LAND COMMISSIONERS MATTERS

Transcription

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