§ 9-15-107 — 9-15-103. Wyoming wildlife and natural resource trust account created; income account created; expenditures; purposes

Wyoming § 9-15-107

• Jurisdiction: Wyoming
• Title 09: Administration of the Government
• Ch. 15: WILDLIFE AND NATURAL RESOURCE FUNDING
• Art. 1: GENERAL PROVISIONS

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(a) A trust account is created to be known as the Wyoming
wildlife and natural resource trust account. The trust account
shall consist of those funds designated to the account by law
and all monies received from federal grants and other
contributions, grants, gifts, transfers, bequests and donations
to the trust account. The trust account is specifically
empowered to accept grants, gifts, transfers, bequests and
donations including those which are limited in their purposes by
the grantor. Title to any interest in any real property
conveyed to the trust account shall be held in the name of the
state of Wyoming and shall be administered by the board of land
commissioners. The state treasurer, or his designee, who shall
be registered under the Investment Advisor's Act of 1940, as
amended, if required to be registered by the terms of that act,
as amended, may invest the unobligated, unencumbered balance of
the trust account in equities, including stocks of corporations.
Investments under this subsection shall be in accordance with
W.S. 9-4-715(a) and (c) through (e) and 9-4-716. In adopting
investment policy statements for the trust account, the state
loan and investment board, in consultation with the investment
funds committee, shall seek to preserve the balance of the
account in a manner that strives for the highest possible risk-
adjusted total net return consistent with an appropriate level
of safety and liquidity. Earnings from the investment of the
trust account shall be credited to the trust account.
(b) There is created the Wyoming wildlife and natural
resource trust income account. The income account shall consist
of funds in the account on June 30, 2025, funds credited to the
account pursuant to paragraph (d)(ii) of this section and all
monies received from federal grants and other contributions,
grants, gifts, transfers, bequests and donations designated to
the income account, which the account is hereby specifically
empowered to accept and which may be limited in their purposes
by the grantor. The legislature may, from time to time,
appropriate funds directly to the income account for
distribution in accordance with the terms of this act or as
otherwise directed in the appropriation. Earnings from the
investment of the income account shall be credited to the trust
account created by subsection (a) of this section. Funds in the
income account are available to the board for the award of
grants:
(i) As permitted by this act;
(ii) As directed in a legislative appropriation; or
(iii) As directed by the grantor of the funds.
(c) Repealed by Laws 2025, ch. 149, § 2.
(d) The income account shall be subject to the following:
(i) Disbursements from the income account shall be
for the following purposes:
(A) Improvement and maintenance of existing
terrestrial habitat necessary to maintain optimum wildlife
populations;
(B) Preservation of open spaces by purchase or
acquisition of development rights;
(C) Improvement and maintenance of existing
aquatic habitat necessary to maintain optimum fish populations;
(D) Acquisition of terrestrial or aquatic
habitat when existing habitat is determined critical, or is
present in minimal amounts, and acquisition presents the
necessary factor in attaining or preserving desired wildlife or
fish population levels;
(E) Conservation, maintenance, protection and
development of wildlife resources, the environment and Wyoming's
natural resource heritage;
(F) Participation in water enhancement projects
to benefit aquatic habitat for fish populations and allow for
other watershed enhancements that benefit wildlife;
(G) To address and mitigate impacts detrimental
to wildlife habitat, the environment and the multiple use of
renewable natural resources attributable to residential, mineral
and industrial development;
(H) To mitigate conflicts and reduce potential
for disease transmission between wildlife and domestic
livestock.
(ii) The amount of monies available for expenditure
from the income account in any one (1) fiscal year shall be an
amount equal to four percent (4%) of the five (5) year average
market value of the Wyoming wildlife and natural resource trust
account, calculated from the first day of the fiscal year. This
amount shall constitute the spending policy for the trust
account and, subject to legislative appropriation, shall be
annually credited from the trust account to the income account
for expenditure on grants. This paragraph shall be subject to
the following:
(A) For purposes of calculating the spending
policy under this paragraph, the five (5) year average market
value of the trust account shall be calculated as follows:
(I) For fiscal year 2026, the five (5) year
average market value shall be equal to the market value of the
trust account, as calculated on the first day of the fiscal
year;
(II) For fiscal year 2027, the five (5)
year average market value shall be equal to the previous two (2)
year average market value of the trust account, as calculated on
the first day of the fiscal year;
(III) For fiscal year 2028, the five (5)
year average market value shall be equal to the previous three
(3) year average market value of the trust account, as
calculated on the first day of the fiscal year;
(IV) For fiscal year 2029, the five (5)
year average market value shall be equal to the previous four
(4) year average market value of the trust account, as
calculated on the first day of the fiscal year;
(V) For fiscal year 2030 and each fiscal
year thereafter, the five (5) year average market value shall be
equal to the previous five (5) year average market value of the
trust account, as calculated on the first day of the fiscal
year.
(B) Nothing in this paragraph shall be construed
to limit the board from expending the following monies, which
expenditures shall not be counted within the spending policy:
(I) Funds that are specially appropriated
or credited to the income account or trust account under
subsection (a) or (b) of this section when the appropriation,
contribution, grant, gift, transfer, bequest or donation so
provides;
(II) Funds as necessary for the payment of
staffing and other administrative expenses if authorized by law;
(III) Unobligated and unencumbered funds in
the income account that were credited to the income account in a
prior fiscal year as part of that year's authorized spending
policy;
(IV) Previously obligated or encumbered
monies in the income account.
(C) Any amounts that are subject to expenditure
under subparagraph (B) of this paragraph shall not be included
in the calculation required to determine the spending policy
amount under this paragraph.
(e) No funds shall be made available under this act for
the reintroduction of any native or nonnative game or nongame
species pursuant to the Endangered Species Act of 1973, 16
U.S.C. 1531 et seq., as amended.
(f) The board shall not have the power of eminent domain.
(g) No funds shall be disbursed under this act for fee
simple title acquisition of real property, nor shall funds be
disbursed under this act to purchase water rights to be held by
the state of Wyoming.
(h) The board shall not accept any fee simple interest in
real property but shall make recommendations to the board of
land commissioners regarding acceptance of any such interest.
The board of land commissioners shall only accept a fee simple
interest in real property under this act, and the Wyoming
wildlife and natural resource trust account board shall only
accept any other interest in property if the property is
willingly conveyed by the holder of the interest. The board of
land commissioners may in its sole discretion reject any offer
to convey a fee simple interest in real property to any account
under this act. The Wyoming wildlife and natural resource trust
account board may in its sole discretion reject any offer to
convey any other interest in property to any account under this
act. Any appraisal of real property conducted at the direction
of the board or the board of land commissioners under this act
shall reflect the fair market value of the property.
(j) The Wyoming wildlife and natural resource trust
account board may recommend that the board of land commissioners
dispose of any interest in real property within the trust
account when the board determines that disposal of the interest
would be in the best interests of the trust account. The net
proceeds from any disposition of real property pursuant to this
subsection shall be deposited to the trust account.
(k) No water right shall be accepted under this act as a
gift, transfer, bequest or donation unless the right is attached
to real property accepted under the terms of this act. Any
change of use of a water right acquired in this manner shall be
done in full compliance with all provisions of Wyoming law.
(m) The board shall not require public access to private
land as a condition to receive any grant funds under this act.
(n) Every conservation easement funded in whole or in part
with monies made available by this act shall bind the parties
thereto to an agreement which provides that the state of Wyoming
is a third party beneficiary to the easement solely with the
contingent right to enforce the terms of the easement if the
grantee fails to enforce any of the terms of the easement. The
agreement shall provide that if the easement is transferred for
value, sold or extinguished without the consent of the board,
the state of Wyoming shall have the right to either take legal
action to enforce the terms of the easement or to recover from
the proceeds of the transfer for value, sale or extinguishment,
the state's pro rata share of the proceeds based on the funds
the state provided for the creation of the easement.
(o) No funds shall be disbursed under this act for the
purchase of easements which mandate specific livestock or crop
management practices.
(p) No funds shall be disbursed under this act for the
purchase of easements which prohibit the use of land for
ranching or farming if the ranching or farming could be
conducted, using current or future technologies and techniques,
without infringing on the underlying purpose of the easement.
(q) No funds shall be disbursed under this act for the
purchase of easements which prohibit hunting, fishing or
trapping.
(r) No funds shall be disbursed under this act unless the
person receiving the funds certifies that no gratuities,
kickbacks, gifts, commissions, contingency fees or other
considerations have been or will be made in connection with the
appropriation or the associated grant made by the board.