§ 23-1-106 — Migratory bird refuge in Bear river area

(a) Subject to acceptance by the United States fish and
wildlife service of the provisions contained in this section,
the state consents to the acquisition by the United States by
purchase, gift, devise or lease of land or land covered by water
along the Bear river or in the Bear river area in Lincoln county
as provided in subsection (f) of this section. The acquisition
shall be as the United States may deem necessary for the
establishment and maintenance of migratory bird refuges in
accordance with and for the purposes of the act of congress
approved February 18, 1929 entitled "Migratory Bird Conservation
Act", 16 U.S.C. §§ 715 through 715s, P.L. 70-770, the act of
congress approved March 16, 1934 entitled "Migratory Bird
Hunting Stamp Act", 16 U.S.C. §§ 718 through 718k, and the act
of congress approved September 3, 1964 entitled "Land and Water
Conservation Fund Act of 1965", 16 U.S.C. §§ 460l-4-460l-11,
P.L. 88-578, as these acts are amended as of January 1, 1989.
Wyoming reserves full and complete jurisdiction and authority
over all such areas not incompatible with the administration,
maintenance, protection and control of the areas by the United
States under the acts of congress specified in this subsection
except as provided in subsection (d) of this section.
(b) The acquisition of land or interests in land shall be
conducted on a willing seller-willing buyer basis and eminent
domain shall not be utilized as a land acquisition method except
where a landowner and the United States mutually agree in
writing to a quiet title action. Unless otherwise negotiated in
any arms-length agreements, an owner of land or land under water
to be acquired under this section is entitled to reserve all
oil, gas, coal or other minerals owned by him in or upon the
land together with the right to enter upon the land for
exploration, development and production of oil, gas, coal or
other minerals.
(c) The board of land commissioners is authorized to enter
into agreements to sell, lease or otherwise negotiate interests
in state land with the United States. State-owned land or land
under water located within the project may be purchased or
leased by the United States as a refuge for migratory birds,
except that oil, gas, coal and other minerals shall be reserved
by the state. If any state-leased land or land under water
ceases to be used as a migratory bird refuge, the lease shall be
cancelled and the interests reverted to the state.
(d) Consent to the acquisition of land by the United
States for the purpose of this section is conditioned upon the
United States executing appropriate agreements with the state
engineer which state:
(i) The United States shall comply with state water
law, including the amended Bear River Compact and rules and
regulations of the state engineer and the state board of
control, in acquiring and exercising water rights for any and
all beneficial uses related to the refuge;
(ii) No rights to use of water shall be implied by
the creation of the refuge, and nothing in this section shall be
construed as establishing a reserved water right for the United
States;
(iii) No water rights shall be condemned to provide
water for the refuge; and
(iv) Historic use practices shall be addressed.
(e) Consent of the state for acquisition of land under
this section shall not be interpreted as consent to the
development of the refuge.
(f) The consent provided in subsection (a) of this section
is limited to lands acquired by the United States prior to
January 1, 2017 consisting of approximately seven thousand
(7,000) acres.