Wyoming Administrative Rules 039 — Wildlife and Natural Resource Trust Account Board

294 General Agency, Board or Commission Rules

Chapter 1 General Provisions

Wyo. Code R. 039.0001.1.03312007 General Provisions

WYOMING WILDLIFE AND NATURAL RESOURCE TRUST ACCOUNT

BOARD

RULES AND REGULATIONS

CHAPTER 1

GENERAL PROVISIONS

Section 1. Wyoming Wildlife and Natural Resource Trust Account Board.

The Wyoming Wildlife and Natural Resource Trust Account Board was established by W.S. 9-15-104 effective July 1, 2005, as may be amended, and has the powers and duties established in other related legislation as applicable.

Section 2. Authority.

These Rules are promulgated as authorized by the Wyoming Administrative Procedure Act, W.S. 16-3-101 to 16-3-115 and the provisions of law creating the Wyoming Wildlife and Natural Resource Trust Account Board, specifically W.S. 9-15-104(f) which mandates the adoption of Rules and Regulations to implement the provisions of W.S. 9-5-101 through 9-15-107, W.S. 28-11-401, or other provisions of law subsequently enacted.

Section 3. Purpose and Objectives.

These Rules and Regulations are established to effectuate, and shall be applied so as to accomplish, the general purposes of the Wyoming Wildlife and Natural Resource Funding Act (the "Act"), as may be amended which are to promote, preserve and enhance the wildlife, multiple use, natural resource and environmental heritage of Wyoming and its people.

Section 4. Definitions.

The following definitions shall control in any application of these Rules and Regulations:

a) "Board" means the Wyoming Wildlife and Natural Resource Trust Account Board created by W.S. 9-15-104;

b) "Governmental organization" means any state, tribal, federal, district, or local governmental agency, including municipal subdivisions;

c) "Income account" means the Wyoming Wildlife and Natural Resource Trust Income Account created by W.S. 9-15-103(b);

d) "Large project" means a project for which the grant sought under the Act equals or exceeds two hundred thousand dollars ($200,000);

e) "Matching contribution" includes money and in-kind contributions, including the economic value of any non-monetary donated contribution to a project by the applicant including but not limited to labor, equipment usage, lands, land rights, facilities or other terms essential to a project;

f) "Natural resource heritage" means renewable natural resources managed under a balanced stewardship that provides for the optimization of social, economic and cultural benefits for the citizens of Wyoming pursuant to W.S. 19-15-102(a)(iv);

g) "Nonprofit organization" means an entity or organization that is defined as such by the Internal Revenue Service pursuant to 26 U.S.C. 501(c);

h) "Rules" means the Rules and Regulations established by the Wyoming Wildlife and Natural Resource Trust Account Board;

j) "Secretary" means the Secretary of the Wyoming Wildlife and Natural Resource Trust Account Board;

k) "Select committee" means the Select Natural Resource Funding Committee created by W.S. 28-11-401;

l) "Small project" means a project for which the grant sought under the Act is less than two hundred thousand dollars ($200,000);

m) "Trust account" means the Wyoming Wildlife and Natural Resource Trust Account created by W.S. 9-15-103(a); and

n) "Wildlife" means those species defined by the Wyoming Game and Fish

History

• Effective 2007-03-31

Chapter 2 Meetings

Wyo. Code R. 039.0001.2.03312007 Meetings

CHAPTER 2

MEETINGS

Section 1. Regular and Special Meetings.

The Board shall, as provided by W.S. 9-15-104(d), meet regularly. The Board shall hold at least one (1) meeting each quarter, which meetings shall be called by the Secretary after consultation and coordination with the Chairperson and other members of the Board. Special meetings may be called by the Chairperson. Nothing contained in these Rules shall be construed as prohibiting the Board or the Chairperson from holding informational proceedings, meetings or conferences deemed by the Board to be necessary in the performance of its duties.

Section 2. Public Meetings and Notice.

All regular and special meetings are open to the public and shall be held in accordance with W.S. 16-4-401 et seq. Notice of regular and special meetings shall be announced by press release and web posting no less than ten (10) days prior to the meeting date.

Section 3. Quorum and Manner of Acting.

A majority of the Board shall constitute a quorum for transaction of business at any meeting of the Board.

Section 4. Majority for Approval of Actions.

A majority vote of the members of the Board shall be required for approval of any actions of the Board.

Section 5. Legal Counsel.

In all matters before the Board, the Board may request the Attorney General of the State of Wyoming or a representative of his staff to be present throughout the meeting to serve as legal counsel.

Section 6. Agenda.

The agenda shall be prepared under the direction of the Chairperson for each meeting of the Board. Copies of the agenda and other available data shall be provided to Board members a minimum of ten (10) calendar days prior to each meeting. At regular meetings, time shall be provided for items not on the agenda. The agenda shall include an opportunity for the public to comment on an issue or project under consideration by the Board at that meeting.

Section 7. Minutes.

Minutes of the Board shall be kept in a form that will provide a permanent record of the proceedings of the Board. Copies of the draft minutes will be provided to Board members in advance of the next regularly scheduled meeting together with the meeting agenda as prescribed in Chapter 2, Section 7 of these Rules. Minutes of the meeting shall be prepared under the supervision and direction of the Secretary, submitted at the next meeting of the Board for approval, and, upon Board approval shall be signed by the Chairperson. A file of the permanent minutes of all Board meetings will be maintained in the office of the Board to be made available upon request by any interested parties.

Section 8. Record.

The record of all public meetings shall include formal and informal notices; any written comments, statements or exhibits received; and other pertinent data. The record shall also include recorded testimony, or a memorandum to the file summarizing the views and comments presented at the meeting.

Section 9. Rules of Order.

Any matter of procedure or conduct not specifically provided for by state law or by Rules and Regulations of the Board shall be governed by Robert's Rules of Order Revised, Latest Edition.

History

• Effective 2007-03-31

Chapter 3 Chairperson

Wyo. Code R. 039.0001.3.03312007 Chairperson

CHAPTER 3

CHAIRPERSON

Section 1. Chair.

At the first regularly scheduled meeting of the Board each year, the members of the Board shall, as the first item of business, elect a Chairperson and Vice Chairperson. The Chairperson and Vice Chairperson shall be elected by a majority vote of the Board. The elected Chairperson shall, thereafter, conduct the meetings for the duration of his or her term. In the absence of the Chairperson, the Vice Chairperson shall assume the duties of the Chairperson, including those described in Chapter 5.

Section 2. Vacancies.

Any vacancy in the position of Chairperson shall be addressed by the remaining members of the Board, who shall elect a Chairperson at the next regularly scheduled meeting following the vacancy.

History

• Effective 2007-03-31

Chapter 4 Secretary and Staff

Wyo. Code R. 039.0001.4.03312007 Secretary and Staff

CHAPTER 4

SECRETARY AND STAFF

Section 1. Secretary.

The Board shall hire a Secretary who shall function as the Executive Director to the Board. The secretary shall administer funds of the Board, and act as liaison for the Board to other state, federal and local governmental agencies, as well as nonprofit organizations and members of the public. The Secretary shall serve at the pleasure of, and be solely responsible to, the Board.

Section 2. Staff.

The Secretary shall hire, supervise, and review the performance of other staff members as may be authorized by the Board.

Section 3. Annual Review.

The Board will review the performance of the Secretary on an annual basis.

History

• Effective 2007-03-31

Chapter 5 Administration

Wyo. Code R. 039.0001.5.11152019 § 1 Authorization of Expenditures

(a) The Secretary shall prepare an annual administrative budget which shall be submitted to the Board for approval no less than 30 days prior to the deadline set for budget submission to the Governor.

(b) The Secretary may purchase or provide necessary capital equipment, supplies and services for the Board to a maximum of one thousand dollars ($1,000.00) per purchase. Purchases in excess of the maximum amount are subject to prior approval by the Board.

(c) The Secretary shall provide monthly financial statements to each member of the Board.

(d) All fiscal records of the Board shall be maintained in accordance with State of Wyoming Accounting Procedures.

(e) Inventory records shall be maintained on physical property under control of the inventory coordinator of the Governor's Office. Acquisitions and property that is disposed of as "surplus property" shall be recorded on the Governor's perpetual inventory records.

(f) Board members, the Secretary and staff shall present vouchers and requests for payment in accordance with the policies and procedures of the Wyoming State Auditor's Office.

(g) The Board Chairperson, Vice Chairperson, and Secretary shall be authorized to approve vouchers and requests for payment consistent with the policies and procedures of the Wyoming State Auditor's Office.

History

• Effective 2019-11-15

Wyo. Code R. 039.0001.5.11152019 § 2 Contracts

(a) All contracts in the name of the Board shall be drafted in accordance with the Contract Manual for State Agencies compiled by the Wyoming Attorney General's office.

(b) Contracts shall be executed, with Board approval, in the name of the Board by the Chairperson, Vice Chairperson, or Secretary.

(c) The administrative office of the Board shall retain a fully executed copy of all contracts, together with any related attachments or exhibits.

History

• Effective 2019-11-15

Wyo. Code R. 039.0001.5.11152019 § 3 Annual Report

Pursuant to Wyoming Statute § 9-15-104(h), the Board shall provide a written annual report to the Governor, the Joint Appropriations Interim Committee, the Select Committee, and the Joint Travel, Recreation, Wildlife and Cultural Resources Committee no later than September 1 with respect to revenue received in the Income and Trust Accounts and grants awarded by the Board. The Secretary shall prepare a draft annual report for review and approval by the Board with the draft to be submitted to the Board no more than ten (10) days after receiving budget figures from the State Auditor.

History

• Effective 2019-11-15

Wyo. Code R. 039.0001.5.11152019 § 4 Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records

(a) Authority. These rules are promulgated pursuant to W.S. §§ 16-3-103(j) and 16-4-204(a).

(b) Purpose. The Board hereby establishes uniform procedures, fees, costs, and charges for inspection, copies, and production of public records.

(c) Definitions.

(i) "Applicant" is the person that is making the public records request.

(ii) "Clerical/support staff" are the employees who generally perform office or administrative support duties. Clerical/support staff employees include secretaries and administrative assistants.

(iii) "Electronic public record" is a public record that is primarily or solely stored in an electronic format. Typically, the custodian will only be able to produce a copy of the original electronic public record due to the native format, security, and integrity of the original data or electronic record.

(iv) "Information technology staff" are employees who perform duties relating to retrieving, compiling, constructing, formatting, or extracting electronic public records located on computer systems, software, servers, or networks. Information technology staff employees may also perform computer programming or other computer services relating to electronic public records.

(v) "Professional staff" are employees who are not clerical/support or information technology staff as defined herein. Professional staff employees perform administrative, managerial, or professional duties.

(vi) "Supervise copying" as stated in section 5(b)(viii) occurs if someone other than the custodian is allowed under W.S. § 16-4-204(b) to make copies, printouts, or photographs. Under W.S. § 16-4-204(b), the custodian is authorized to charge a reasonable fee to supervise the copying, printing out, or photographing if someone other than the custodian makes the copies, printouts or photographs. The supervision fee shall be the hourly rates stated in section 4(c)(i) through (iii). For instance, if clerical/support staff is required to supervise the copying, printing out, or photographing, the hourly rate will be $15.50.

History

• Effective 2019-11-15

Wyo. Code R. 039.0001.5.11152019 § 5 Electronic Public Records

(a) Production and Construction Costs. Under W.S. § 16-4-202(d)(i), a custodian shall charge an applicant the reasonable costs of producing and constructing a copy of an electronic public record for inspection and copying. This cost may include, but is not limited to, the time spent retrieving, compiling, sorting, reviewing, redacting, formatting, converting, or copying the electronic public record, as well as activities required to create or construct a new electronic public record from existing data sources and all associated programming and computer services.

(b) Minimum Requirement to Charge Costs. Production and construction costs will be charged only if they exceed $180.00. If the costs exceed $180.00, the initial $180.00 will be a credit and not charged to the applicant. If electronic production and/or construction costs for a request total $180.00, the applicant will not be charged any costs for production and/or construction of said electronic records. If, for example, the production and/or construction costs for a request total $200.00, the applicant will be charged $20.00. The initial $180.00 is a credit upon the total amount charged for the production and/or construction of electronic records. Applicants may not use multiple record requests to evade this $180.00 threshold. The custodian has discretion to consolidate public records requests that he or she reasonably believes have been drafted and submitted to evade this $180.00 threshold.

(c) Production and Construction Costs. Production and construction costs for electronic public records shall be as follows:

(i) $15.50/hour for clerical staff time.

(ii) $30.00/hour for information technology staff time.

(iii) $40.00/hour for professional staff time.

(iv) Actual cost of programming and computer services.

(d) Payment. The custodian must provide the applicant with an estimate of the reasonable costs of production and construction of the electronic public records. The applicant must pre-pay the estimated costs before the custodian produces or constructs the electronic public records or provides any copies for inspection. Payment shall be made to the custodian. If the custodian reaches the limit of the payment by the applicant, the custodian will produce the records that are ready and available at that point and will provide an additional estimate pursuant to this subsection prior to continuing with the request.

(e) Refund. If a custodian estimates and receives costs exceeding the actual time required to produce and construct the electronic public records, the custodian shall refund the excess charge received at the same time that he allows the applicant to inspect the electronic public records.

(f) Inspection. The custodian shall notify the applicant in writing when copies of the electronic public records are produced and available for inspection. The applicant shall have one month from the time the custodian provides notification to come to the custodian's designated location to inspect the records. After the one month time period, the request shall be officially closed.

(g) Request Priority. Requests that are at or below the $180.00 threshold will be handled expeditiously by the custodian and will take priority over other public record requests that are above the threshold.

(h) Costs for Producing Copies. The fee schedules described in Section 5(b), (d), and (e) apply to electronic public records.

History

• Effective 2019-11-15

Wyo. Code R. 039.0001.5.11152019 § 6 Non-Electronic Public Records

(a) Inspection. The custodian shall notify the applicant in writing when copies of the non-electronic public records are produced and available for inspection. The applicant shall have one month from the time the custodian provides notification to come to the custodian's designated location to inspect the records. After the one month time period, the request shall be officially closed.

(b) Fees for Copying Non-Electronic Public Records. Under W.S. § 16-4-204, an applicant may obtain a paper copy of a non-electronic public record upon payment as follows:

(i) Standard (8.5 by 11 inch) - Black and White Copy. $0.10/page

(ii) Standard (8.5 by 11 inch) - Colored Copy. $0.60/page

(iii) Legal (8.5 by 14 inch) - Black and White Copy. $0.25/page

(iv) Legal (8.5 by 14 inch) - Colored Copy. $1.00/page

(v) Other sheet size. Actual Cost

(vi) Photograph Actual Cost

(vii) Utilization of an outside vendor for copying. Actual Cost

(viii) Custodian's fee to supervise copying. See section 4(c)(i) through (iii)

(ix) Special instances, i.e. film. Actual Cost

(c) Payment. The applicant shall pre-pay the fees in section 5(b) before the custodian provides the copies, if requested. Payment shall be made to the custodian.

(d) Costs for Producing Electronic Copies. An applicant may obtain an electronic copy of a non-electronic public record upon payment as follows:

(i) Scanning non-electronic public records. $.10/page

(ii) Electronic Media (disk, thumb drive, etc.). Actual Cost

(e) Fees for Transmitting Public Records. The custodian may charge the following fees for transmitting non-electronic public records:

(i) Mailing, including cost of the shipping container. Actual Cost

(ii) Facsimile. Actual Cost.

History

• Effective 2019-11-15

Chapter 6 Grant Eligibility

Wyo. Code R. 039.0001.6.03312007 Grant Eligibility

CHAPTER 6

GRANT ELIGIBILITY

Section 1. Competitive Grants.

Funds allocated from the Income Account shall be disbursed pursuant to a competitive grant process except as provided under the provisions of Chapter 9, Section 2. No funds shall be disbursed for fee simple title acquisition of real property to be held by the state of Wyoming, nor shall funds be disbursed to purchase water rights to be held by the state of Wyoming.

Section 2. Competitive Grant Applications.

All grant applications shall be submitted in a form and manner to be prescribed by the Board.

Section 3. Criteria for Matching Funds or Other In-Kind Contributions.

Matching contributions include money and in-kind contributions to a given project and will be required for project approval. The amount of the matching contribution will be considered in the grant evaluation and prioritization process. Matching funds need not be available for expenditure prior to grant funding approval, but proof of matching funds must be fully documented.

Section 4. Prohibitions.

a) No funds shall be made available for the reintroduction of any native or non-native game or non-game species pursuant to the Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., as amended.

b) The Board shall not have the power of eminent domain.

c) No funds shall be disbursed for fee simple title acquisition of real property, nor shall funds be disbursed to purchase water rights to be held by the State of Wyoming.

d) The Board shall not require public access to private land as a condition to receive any grant funds.

History

• Effective 2007-03-31

Chapter 7 Grant Evaluation and Prioritization Process

Wyo. Code R. 039.0001.7.02242010 Grant Evaluation and Prioritization Process

CHAPTER 7

GRANT EVALUATION AND PRIORITIZATION PROCESS

Section 1. Evaluation, Ranking and Prioritization of Grant Proposals.

The Board shall review, evaluate, rank and prioritize applications for grants. The evaluation process shall include a pre-application screening of all applications. That screening shall consist of a preliminary review of all grant applications for compliance with the Wyoming Wildlife and Natural Resource Funding Act and for adherence to the criteria for grants established by the Board. The Board shall, at its sole discretion, determine which grants should move beyond the pre-application screening.

For those applicants selected to move beyond the pre-application process, such applicants must allow for a site visit by Board members, staff, or other qualified evaluators as may be designated by the Board.

The Board shall rank and approve or reject final grant applications based on the overall purposes of the Act. Large project grant applications approved by the Board will be forwarded to the Select Committee for its review and recommendation.

In reviewing, evaluating and ranking final applications, the Board shall:

a) place an emphasis on those projects that are partnerships involving private and public entities;

b) consider the effects of the project on citizen access to public lands for hunting, fishing and recreational activities; and

c) consider the socioeconomic impacts of the grant proposal on the affected community.

Section 2. Criteria for Grants.

Criteria shall be adopted for distributions from the Income Account. These criteria will be developed by the Board for awarding grants based upon a priority ranking system designed to achieve the purposes of the Act and shall be periodically re- evaluated by the Board.

In establishing grant criteria the Board shall, at a minimum, include the ability of any project to accomplish one (1) or more of the following:

a) improve and maintain existing terrestrial habitat necessary to maintain optimum wildlife populations;

b) preserve open spaces, by purchase or acquisition of development rights;

c) improve and maintain existing aquatic habitat necessary to maintain optimum fish populations;

d) acquire 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) conserve, maintain, protect and develop wildlife resources, the environment and Wyoming's natural resource heritage;

f) participate in water enhancement projects to benefit aquatic habitat for fish populations and allow for other watershed enhancements that benefit wildlife and other natural resources;

g) 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; or

h) mitigate conflicts and reduce the potential for disease transmission between wildlife and domestic livestock.

Section 3. Ranking System.

The Board shall prepare and approve a ranking system to be used to evaluate all eligible applications. The ranking system shall be approved by an affirmative vote of the Board. Any subsequent amendments to the ranking system shall also be approved by an affirmative vote of the Board.

Section 4. Multi-Year Projects.

Multi-year projects may be funded by the Board for the duration of the project provided that annual evaluations of progress toward project goals are submitted and accepted by the Board. No commitment may exceed three (3) years without formal action by the Board.

Section 5. For-Profit Corporations.

The Board may participate with for-profit corporations to develop wildlife habitat but may not divert financial resources to any for-profit corporation.

Section 6. Emergency Grants.

The Board may at any time award emergency grants for the purpose of enhancing or maintaining the natural resources or wildlife of Wyoming, provided such awards are approved by a majority of the members of the Board at a duly called meeting.

No individual emergency grant shall exceed $10,000, and emergency grants shall not constitute more than ten percent (10%) of the total allocated for projects in any given year.

Section 7. Quick Grants.

The Board may annually allocate funds for the purpose of enhancing or maintaining the natural resources or wildlife of Wyoming through small local projects, provided such awards are allocated to a qualified applicant. Quick grants may be awarded at any time throughout the year upon proper application. Quick grants shall require the approval of the Board at any regularly held meeting. No individual quick grant shall exceed $2,500.00, and quick grants shall not constitute more than two percent (2%) of the total funds allocated for projects in any given year.

History

• Effective 2010-02-24

Chapter 8 Review and Monitoring of Grants

Wyo. Code R. 039.0001.8.03312007 Review and Monitoring of Grants

CHAPTER 8

REVIEW AND MONITORING OF GRANTS

Section 1. Review and Monitoring of Grants.

The Board shall monitor the progress of funded projects. The grantee will provide reports to the Board summarizing the progress of the project and providing an accounting of funds expended to date. These reports shall be submitted at a time and in a form as specified in the contractual agreement.

History

• Effective 2007-03-31

Chapter 9 Gifts, Transfers, Bequests and Donations

Wyo. Code R. 039.0001.9.03312007 Gifts, Transfers, Bequests and Donations

CHAPTER 9

GIFTS, TRANSFERS, BEQUESTS AND DONATIONS

Section 1. Criteria for Acceptance or Rejection of Gifts, Transfers, Bequests and Donations Including Interests in Real Property.

The Board may accept or reject any gift, grant, transfer, bequest, royalty or donation at its sole discretion except that 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.

Section 2. Criteria for Acceptance or Rejection of Gifts, Transfers, Bequests, and Donations Including Water Rights.

No water right shall be accepted by the Board unless the right is attached to real property accepted under the terms of Chapter 9, Section 1 of these Rules.

Section 3. Transfer of Funds from Private Interests.

Any gift, grant, transfer, bequest, royalty or donation shall be subject to the instrument transferring such interest. Any funds transferred to the Board for particular purposes shall be placed in segregated sub-accounts and shall be distributed in accordance with the terms of the transferring instrument.

History

• Effective 2007-03-31