§ 36-4-203 — Wyoming outdoor recreation and tourism trust fund account and trust fund income account; creation; source of funds

Wyoming § 36-4-203

• Jurisdiction: Wyoming
• Title 36: Public Land
• Ch. 4: STATE PARKS AND CULTURAL RESOURCES
• Art. 2: WYOMING OUTDOOR RECREATION AND TOURISM TRUST FUND

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(a) The Wyoming outdoor recreation and tourism trust fund
account is created. The trust account shall consist of those
funds designated to the account by law and all monies collected
from federal grants and other contributions, grants, gifts,
bequests and donations in the trust account. The trust account
is specifically empowered to accept grants, gifts, transfers,
bequests and donations. Funds deposited within the trust account
shall be inviolate and constitute a perpetual trust fund which
shall be invested by the state treasurer as authorized by law
and in a manner to obtain the highest return possible consistent
with preservation of the trust account corpus.
(b) The Wyoming outdoor recreation and tourism trust fund
income account is created. Except as otherwise provided in this
subsection, the state treasurer shall credit annually to the
income account all earnings from funds in both the income
account and in the trust account. Until the earlier of July 1,
2026 or when the corpus of the trust account equals or exceeds
two hundred million dollars ($200,000,000.00), all earnings from
the trust account and income account shall be credited to the
trust account. The legislature may appropriate funds directly to
the trust account or income account for investment or
distribution in accordance with the terms of this act. Any
appropriated funds without a designation shall be credited
directly by the state treasurer to the income account.
(c) Any person may grant, give, transfer, bequest or
donate funds to the Wyoming outdoor recreation and tourism trust
fund account or the income account created by this section. The
person may specify in writing whether the funds should be
credited to the trust account or the income account and if no
specification is made, the funds shall be credited to the income
account.
(d) The board may expend funds from the income account for
administrative expenses authorized under this act without
further legislative action. Additional expenditures from the
income account may be made by the board without further
legislative action for the following purposes:
(i) Planning, design, improvement, construction and
maintenance of existing or new outdoor recreational
infrastructure;
(ii) Acquisition of public access easements necessary
to enhance outdoor recreational infrastructure.
(e) No funds shall be expended from the income account for
large projects except upon specific legislative authorization.
Following the initial legislative authorization to expend funds
for a large project, the board may approve additional grants for
that large project not to equal or exceed a total amount of an
additional two hundred thousand dollars ($200,000.00). The board
shall forward a notice of any such additional grant award to the
select committee within thirty (30) days of each approval.
Subsequent legislative authorization shall be required for any
grant in excess of the limits of this subsection.
(f) The board shall not have the power of eminent domain.
(g) Every public access 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.
(h) 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.