060-19 Wyo. Code R. § 19-3

Current through April 27, 2019
Section 19-3 - General Provisions

(a) The Board may, without prior notice, withdraw specific lands from leasing for coal when it appears reasonably necessary to protect the economic or environmental interests of the beneficiaries. Any party desiring to lease lands for coal which have been withdrawn may request that a withdrawal be rescinded in whole or in part.

(b) The Board may condition the issuance of any coal lease upon specific stipulations for the protection of the public, the environment, the waters of the state, historical, archeological or pale-ontological materials, the wildlife resources, or any of the subsurface or surface resources of the state.

(c) The Board may deny a coal lease to any person or legal entity which has failed to comply with any rules of the Board or any terms and conditions of any lease or other agreement with the Board.

(d) The Board may refuse to issue a coal lease or approve an assignment of an interest in an existing coal lease if issuing the lease or approving the assignment will diminish the interest of the beneficiaries.

(e) On lands in which the state owns less than the entire interest in the coal estate, a lease will be issued by the Board covering the state's interest independent of the other co-owners.

(f) Coal covered by an existing lease is not available for lease (top leasing) until the existing lease terminates, and the coal is made available for leasing under Section 5 of this chapter.

(g) An application may be filed for a lease on lands not shown by the records of the Office to be owned by the state. The applicant must submit evidence through the Office to the Wyoming Attorney General showing that it is probable that the lands applied for, or any interest therein, have escheated to the State of Wyoming. Such applicant shall coordinate with and pay for all costs for the Office and the Attorney General pursuant to the filing of a petition under W.S. 9-5-203 seeking title for the state. After receiving a court order vesting title in the state, the applicant shall have the right to lease the escheated lands under the Board's current form of lease without bidding thereon at auction. If the lands are not found to have escheated to the state, applicant will not be entitled to any lease or cost reimbursement.

(h) Discovery of historical, archaeological, or paleontological deposits on state lands during the course of development shall be reported to the Office by the lessee prior to further disturbance, and operations may only re-commence as authorized by the Director. The Director shall notify the lessee regarding mitigation within five (5) working days after receiving the report.

060-19 Wyo. Code R. § 19-3