Statutes, codes, and regulations
Wyoming Administrative Code
Agency 060 - Lands and Investments, Office ofSubagency 0002 - Land Commissioners, Board of
Chapter 22 - LEASING OF BENTONITE
Section 22-5 - Leasing Procedures

060-22 Wyo. Code R. § 22-5

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Current through April 27, 2019
Section 22-5 - Leasing Procedures

(a) Bentonite shall be available for lease to the first qualified applicant filing an application. Applications may be filed with the Office during the regular hours of any business day. The Office shall note the date of filing on all applications. Applications filed on the same day, whether presented by personal delivery or received through any mail service, shall be considered as filed simultaneously.

(b) Each application must be accompanied by the required filing fee as established by the Board in Chapter 17 of the Board's rules. The filing fee will not be refunded on any application. An application under this section must also be accompanied by a remittance for the advance rental for the first year, at the rental per acre specified in Section 6 of this chapter.

(c) If two or more applications for the same interests in bentonite are filed simultaneously, the applications are in conflict.

  • (i) An application which is in conflict as to only a part of the lands applied for, shall be processed as to the lands not in conflict in the same manner as a separate application for such lands.
  • (ii) The priority of applications which are in conflict as to all or any part of the lands applied for shall, as to the lands in conflict, be determined by sealed bid between the applicants in conflict.

(d) When an application is rejected in its entirety, advance rentals paid by the applicant will be refunded. When rejected in part, the unused portion of the advance rental payment will be refunded.

(e) An application for a bentonite lease may be withdrawn, in whole or in part, at any time prior to issuance of lease. The advance rental and all fees transmitted with the application applicable to the portion of the application withdrawn, will be forfeited for failure to fulfill the obligations of the lease offer. However, if a withdrawal was for the purpose of removing a conflict, rentals applicable to the portion withdrawn will be refunded if a lease for the portion withdrawn is issued to another applicant.

(f) If the Board determines that any state bentonite lands should be offered for lease by competitive bidding, it shall enter an order setting a time and place for the sale, describing each tract to be offered, setting the terms of the leases to be issued, the terms and conditions of sale, the procedure to be followed in conducting the sale, and any other necessary information. Notice of sale shall be given in such form and manner as the Board shall direct.

060-22 Wyo. Code R. § 22-5