§ 36-4-106 — Plan for acquisition and development of resources; authority of department; coordination of activities; exceptions; agreements with United States; state archaeologist

Wyoming § 36-4-106

• Jurisdiction: Wyoming
• Title 36: Public Land
• Ch. 4: STATE PARKS AND CULTURAL RESOURCES
• Art. 1: GENERAL PROVISIONS

Text

(a) The department of state parks and cultural resources,
in consultation with the commission, shall prepare, maintain and
keep up to date a comprehensive plan for the acquisition and
development of outdoor recreation resources of the state. The
department and the commission shall prepare the comprehensive
plan in accordance with subsections (e) and (f) of this section.
Authority is hereby granted to the department of state parks and
cultural resources, in consultation with the commission, to
develop, operate and maintain outdoor recreation areas and
facilities of the state and to acquire pursuant to provisions of
law, but not by the power of eminent domain, land, waters and
interest in land and waters for such areas and facilities.
Authority is hereby granted to the department, in consultation
with the commission, to enter into contracts and agreements with
the United States, or any appropriate agency thereof, to keep
financial and other records relating thereto, and to furnish to
appropriate officials and agencies of the United States such
reports and information as may be reasonably necessary to enable
such officials or agencies to perform their duties under the
provisions of Public Law 88-578 or any other applicable federal
statutes.
(b) In connection with obtaining the benefits of any such
program for the state of Wyoming, the department shall
coordinate its activities with and fairly represent the
interests of all agencies of the state, county, city and any
other governmental units having interests in the planning,
acquisition, development or maintenance of outdoor recreation
resources and facilities within the state.
(c) The department, in consultation with the commission,
may enter into and administer agreements with the United States
or any appropriate agency thereof for planning, acquisition and
development of projects involving participation under federal
aid funds on behalf of any county, city or other governmental
unit; provided that such county, city or other local government
unit gives necessary assurance to the department that it has
available sufficient funds to meet its share of the cost of the
project and that the acquired and developed areas will be
operated and maintained at its expense for public outdoor
recreation use.
(d) There shall be appointed within the department of
state parks and cultural resources a state archaeologist, who
shall be a member of the department of anthropology of the
University of Wyoming. The state archaeologist shall receive an
annual salary to be determined by the Wyoming human resources
division, which shall be in addition to any compensation
received from the university. The state archaeologist may:
(i) Investigate, study, preserve and record such
evidence of prehistoric and early historic human activity as
shall be reported from time to time by citizens of the state or
of which the survey may otherwise become aware;
(ii) Begin and carry out as time permits an
archaeological survey of the state, locating and recording all
evidences of prehistoric and early historic human activity that
may be encountered and maintaining records in the form of filed
maps and documents deposited permanently at the University of
Wyoming;
(iii) Engage in systematic, intensive archaeological
investigations of significance to the reconstruction of the
prehistory and early history of the state as time and facilities
permit and to solicit funds for this work from the various
public and private foundations and other sources generally
available to the field archaeologist;
(iv) Prepare and publish from time to time technical
reports bearing on the investigations carried out or of
significance to the reconstruction of the prehistory and early
history of the state;
(v) Cooperate to the extent of capacity with
communities and other agencies in the state interested in the
establishment of local archaeological museums and related
activities;
(vi) Cooperate with all agencies to the extent of
capacity in the protection from vandalism, natural and other
kinds of destruction of all objects of archaeological
significance, to investigate, exhume and consult regarding
archaeological human burials pursuant to W.S. 7-4-106 and to
render aid in the enforcement of the Wyoming Antiquities Act;
(vii) Distribute all publications of the survey to
the public on request, either free or at a price to be
determined.
(e) The department of state parks and cultural resources,
in consultation with the commission shall develop and maintain a
comprehensive plan for the acquisition, disposal and development
of outdoor recreation resources of the state. Criteria for
evaluating resources for acquisition, disposal and development
as an outdoor recreation area or facility under the plan shall
be adopted as rules in accordance with the Wyoming
Administrative Procedure Act.
(f) Except as provided in subsection (g) of this section,
prior to acquiring or accepting title to any lands for an
outdoor recreation area or facility or designating or removing a
designation of lands as an outdoor recreation area or facility,
or disposing of any property as provided in W.S. 36-4-104(f),
the department shall apply the site criteria process developed
pursuant to subsection (e) of this section. The department
shall consult with the commission regarding the application of
the site criteria and may inform the joint travel, recreation,
wildlife and cultural resources interim committee regarding the
potential acquisition, designation, disposal or removal of
designation. The department shall determine if the site should
be acquired or disposed of or the lands so designated or removed
from designation. After consultation with the commission, if
the department determines the site should be acquired or
disposed of or so designated or removed from designation, it
shall make the recommendation to the joint travel, recreation,
wildlife and cultural resources interim committee. The
committee shall prepare legislation for the acquisition,
disposal, removal from designation or designation of lands as an
outdoor recreation area or facility as it determines appropriate
and necessary.
(g) The department may dispose of, designate or remove
from designation any lands for an outdoor recreation area or
facility without complying with the provisions of subsection (e)
or (f) of this section if:
(i) The disposal, designation or removal of
designation is de minimus in nature as provided in department
rule and regulation. "De minimus", as used in this paragraph,
means the property in question is less than five (5) acres in
size;
(ii) The action conforms to either the department's
mission or the current strategic plan of the department;
(iii) The action conforms to the provisions of the
department's current master plan for the park or site where the
property is located; and
(iv) The action is presented to the joint travel,
recreation, wildlife and cultural resources interim committee
for informational purposes prior to completion of the action.