(a) The Office may
offer vacant land for lease, and shall do so recognizing its fiduciary duty to
the state land trust beneficiaries and in a manner as shall inure to the
greatest benefit of the state land trust beneficiaries.
(b) Specific filing periods for particular
tracts of vacant land will be established by advertisement. Multiple
applications received during an advertised filing period shall be considered
"conflicting applications" under the provisions of subsection (c) of this
section.
(c) Conflicting
applications. If two (2) or more applications to lease the same vacant land for
grazing and agricultural purposes are filed within the filing periods
established in subsection (b) of this section, they shall be considered to be
in conflict and shall be handled under the provisions of
W.S.
36-3-102,
36-5-105,
and
36-5-108 and
Chapter 1 of these rules.
(i) In the event
the Office receives conflicting applications, the Director shall consider the
following when issuing a Director's Decision;
(A) Qualifications of the applicants under
the provisions of W.S.
W.S.
36-5-101,
(B) Rental offered, and
(C) Attributes of the applicants that inure
to the greatest benefit of the state land trust beneficiaries.
(ii) In the event the Office
receives conflicting applications with equal rental offers, the Director shall
consider the following, in addition to the provisions within subsection (c)(i)
within this Section, when issuing a Director's Decision;
(A) Is the applicant a bona fide resident of
the state of Wyoming,
(B) Is the
applicant authorized to transact business in the state of Wyoming,
(C) Does the applicant have actual and
necessary use of the land, and
(D)
Is the applicant the owner, lessee, or lawful occupant of adjoining land to the
vacant land.
(iii)
Should the attributes of subsection (c)(i) and (c)(ii) be equal as determined
by the Director, the Director shall request a final bid from the conflicting
applicants at a live auction in a manner as directed by the Director to
determine the successful applicant prior to issuing a Director's
Decision.
(iv) Any party may appeal
the Director's Decision. The petition shall be treated as a contested case
pursuant to
W.S.
16-3-107 et seq. A hearing officer shall
preside over the contested case hearing and make a recommended decision. The
decision of the Board awarding a grazing and agricultural lease shall
constitute final agency action.
