§ 9-4-218 — Federal natural resource policy account created; purposes

Wyoming § 9-4-218

• Jurisdiction: Wyoming
• Title 09: Administration of the Government
• Ch. 4: PUBLIC FUNDS
• Art. 2: FUNDS CONSOLIDATION

Text

(a) There is created an account known as the "federal
natural resource policy account." Funds within the account may
be expended by the governor on behalf of the state of Wyoming
and its local governments, to take any of the actions specified
in this subsection related to federal land, water, air, mineral
and other natural resource policies which may affect the tax
base of the state, wildlife management, state species,
recreation, private property rights, water rights or leasehold
rights. Funds also may be expended for preparing and
participating in environmental impact statements and
environmental assessments, including analysis of economic or
social and natural or physical environmental effects on the
human environment. Funds also may be expended for coordinating
and participating in rangeland health assessments pursuant to
W.S. 11-2-207. The governor may expend funds from the federal
natural resource policy account for:
(i) Participation of the state, a state agency or a
county as a joint lead agency to prepare an environmental impact
statement in accordance with regulations promulgated by the
federal council on environmental quality;
(ii) Participation of the state, a state agency or a
county as a cooperating agency in accordance with regulations
promulgated by the federal council on environmental quality.
Participation may include:
(A) Involvement in the National Environmental
Policy Act (NEPA) process at the earliest possible time;
(B) Involvement in the scoping process described
in regulations promulgated by the federal council on
environmental quality;
(C) Development of information and preparation
of environmental analyses including portions of the
environmental impact statement in which Wyoming has special
expertise;
(D) Assisting the state, a state agency or
counties in collecting, compiling, analyzing and distributing
economic impact data related to federal natural resource policy
formation and participation in policy development;
(E) Making staff support available at the lead
agency's request to enhance Wyoming's interdisciplinary
capability; and
(F) Expenditure of state or county funds.
(iii) Investigating, initiating, intervening or
otherwise participating in litigation, or taking any other legal
action by the state, a state agency or the counties of the state
individually or jointly, that furthers the purposes of this
subsection. In carrying out this subsection, the attorney
general or the counties, with approval of the governor, may
retain qualified practicing attorneys to act for the state or
the counties, including providing representation in other forums
with the federal government or other state or county governments
that may preclude or resolve any outstanding issues or
attempting to influence pertinent federal legislation;
(iv) Participation in monitoring of federal natural
resource issues, including the collection, review, analysis or
dissemination of any material that may be required for legal
action or to support any other purpose authorized under this
section;
(v) Training seminars educating state and local
government officials and employees on the provisions and
requirements of the federal National Environmental Policy Act of
1969 and related federal rules and regulations, and on the
processes used by federal agencies in administering federal law;
(vi) Development of rangeland health assessments in
compliance with W.S. 11-2-207;
(vii) Participation in the formulation, preparation
and implementation of environmental impact statements and
associated records of decision and other federal management
decisions;
(viii) Development and revision of comprehensive
natural resource management plans prepared by counties. Plans
funded pursuant to this paragraph shall:
(A) Identify objectives and priorities for the
use, development and protection of natural resources and land in
Wyoming;
(B) Be based on criteria established by the
governor's office in consultation with the counties and
consistently applied in each comprehensive natural resource
management plan;
(C) Serve as a basis for communicating and
coordinating with the federal government and its agencies on
land and natural resource management issues;
(D) Be developed or revised in public meetings
held in accordance with W.S. 16-4-401 through 16-4-408. The
public meetings shall allow for participation and contribution
from the public.
(b) All funds including any recovered court costs and
earned interest remaining in the federal natural resource policy
account at the end of a biennium shall remain in the account to
implement the purposes of this section.
(c) In the expenditure of funds from the federal natural
resources policy account pursuant to this section, preference
shall be given to those funding requests that:
(i) Enhance the ability of a county to participate in
federal natural resource policy matters;
(ii) Fund actions taken under paragraph (a)(iii) of
this section as the governor determines necessary or advisable
to protect or promote the state's jurisdictional, economic or
property interests which may be affected by actions taken by the
environmental protection agency or other federal agencies;
(iii) Fund actions taken under subsection (a) of this
section as the governor determines necessary or advisable to
facilitate federal permitting of proposed activities which may
bring about further economic development of the natural
resources of the state; or
(iv) Add to the internal expertise of the state or a
state agency to participate in federal natural resource policy
matters.
(d) The governor shall report in the governor's office
budget request submitted pursuant to W.S. 9-2-1013:
(i) All actions taken pursuant to this section;
(ii) All expenditures from the federal natural
resource policy account in each of the immediately preceding two
(2) fiscal years;
(iii) The purpose of each expenditure.