(a) In considering designations, the Council shall follow a two-tiered review process. First, the Council must determine whether the area is eligible for designation by virtue of the existence of one or more of the particular values specified in the statute. Secondly, the Council must determine whether any particular value that is found to exist is very rare or uncommon.
(b) For an area to be eligible for designation, the Council must make an initial finding that the area at issue possesses particular historical, archaeological, wildlife, surface geological, botanical or scenic value. For purposes of making the initial finding, or refusing to make the initial finding, the Council shall consider the significance and the weight of all specifically identified factors that are set forth in these criteria.
(c) For purposes of determining whether an area of the State may be considered to have particular historical, prehistorical, or archaeological value the Council shall consider the following factors: - (i) Whether the area is mentioned prominently in historic journals or other historic literature;
- (ii) Whether the area is important because it is associated with cultural or religious traditions and practices;
- (iii) Whether the area has received designation pursuant to state or federal laws that provide for special protection and management due to outstanding historic or prehistoric values such as national historic landmarks, national historic sites, or the National Register of Historic Places; or
- (iv) Whether the area contains buildings, structures, artifacts, or other features that are significant in the history or prehistory of the state.
(d) For purposes of determining whether an area has particular wildlife value the Council shall consider the following factors: - (i) Whether the area includes lands that are considered irreplaceable fish or wildlife habitat;
- (ii) Whether the area includes preserves or easements which have been established and used for the protection for habitat for wildlife;
- (iii) Whether the area includes lands that the Game and Fish Department has designated as crucial or vital habitat for resident species;
- (iv) Whether the area contains or may affect fisheries classified as class I by the Wyoming Game and Fish Department;
- (v) Whether the area includes fragile lands that offer unique wildlife or scientific values;
- (vi) Whether the area includes federally designated critical habitat for threatened or endangered plant or animal species which is determined by the U.S. Fish and Wildlife Service or the Wyoming Game and Fish Department to be of essential value and where the presence of threatened or endangered species has been scientifically documented;
- (vii) Whether the area contains a bald or golden eagle nest or nest site that is determined to be active and includes all or a portion of a buffer zone of land around the nest which has been evaluated and approved by the U.S. Fish and Wildlife Service;
- (viii) Whether the area includes bald and golden eagle roost and concentration areas used during migration and wintering;
- (ix) Whether the area contains a falcon (excluding kestrel) cliff nesting site with an active nest and a buffer zone around the nest site which has been evaluated and approved by the U.S. Fish and Wildlife Service; or
- (x) Whether the area includes lands which are high priority habitat for migratory birds of high federal interest on a regional or national basis as determined by the U.S. Fish and Wildlife Service.
(e) For purposes of determining whether an area has particular surface geological value the Council shall consider the following factors: - (i) Whether the area has unique surface geological formations that expose upheavals and faults that are indicative of sub-surface geological features;
- (ii) Whether the area has significant paleontological resources; or
- (iii) Whether the area has geologic features with unusual or substantial recreational, aesthetic, or scientific value.
(f) For purposes of determining whether an area has particular botanical value the Council shall consider the following factors: - (i) Whether the area is critical habitat for endangered or threatened plant species as designated by state or federal agencies;
- (ii) Whether the area contains stands of a rare native vegetation type, or contains stands of a native vegetation type that is now rare, or contains stands of a native vegetation type in pristine condition for which pristine stands are unusual; or
- (iii) Whether the area contains plant species and habitat determined to be crucial or vital for resident wildlife species.
(g) For purposes of determining whether an area has particular scenic value the Council shall consider the following factors: - (i) Whether the area incudes lands within or adjacent to a corridor for a river designated as a National Wild and Scenic River or a corridor for a National Scenic Byway;
- (ii) Whether the area has been the subject of substantial artistic attention in the works of artists, sculptors, photographers, or writers; or
- (iii) Whether the area has substantial aesthetic value and its value would be apparent to a reasonable person.
(h) An area shall be designated pursuant to W.S. § 35-11-112(a)(v) if, in addition to finding that the area is eligible for designation pursuant to Section 11. a., the Council finds that the area is very rare or uncommon. For purposes of determining if an area is very rare or uncommon the Council shall consider the following: - (i) Whether the area exhibits historical, archaeological, wildlife, surface geological, botanical, or scenic values that are very rare of uncommon when compared with other areas of the state or a region therein;
- (ii) Whether the area contains historical, archaeological, wildlife, surface geological, botanical, or scenic values seldom found within the state or a region therein; or
- (iii) Whether the area contains historical, archaeological, wildlife, surface geological, botanical, or scenic values known or suspected to be declining which, if left unprotected, could become extinct or extirpated.
020-7 Wyo. Code R. § 7-11