(a) Anyone desiring to enter upon the leased premises shall contact the lessee prior to entry, unless otherwise provided in subsection (c) of this section.
(b) For all entries, the lessee may negotiate a surface impact payment provided that any payment is consistent with payments for impacts to adjacent lands. By separate checks or money orders, the payor shall remit the lessee's share of the surface impact payment directly to the lessee and the Board's share of the surface impact payment directly to the Office, in accordance with the following schedule: - (i) For the first five thousand dollars ($5,000), the lessee's share shall be forty percent (40%), and the Board's share shall be sixty percent (60%).
- (ii) For that portion of a payment exceeding five thousand dollars ($5,000), through ten thousand dollars ($10,000), the lessee's share shall be thirty percent (30%), and the Board's share shall be seventy percent (70%).
- (iii) For that portion of a payment exceeding ten thousand dollars ($10,000), the lessee's share shall be twenty percent (20%), and the Board's share shall be eighty percent (80%).
- (iv) For annual payments, the lessee's share shall be twenty percent (20%), and the Board's share shall be eighty percent (80%). For purposes of this section, "annual payments" means any portion of a surface impact payment remitted subsequent to the initial remittance on periodic basis, regardless of the length of the period.
(c) The following shall not be subject to the requirements of this section: - (i) The Board and its representatives when entering for purposes of management or administration of state lands.
- (ii) Members of the public when entering for purposes of hunting and fishing and casual recreational use pursuant to the provisions of Chapter 13 of these rules.
- (iii) Applicants for, or holders of, an easement issued under Chapter 3 of the Board's rules.
- (iv) Applicants for, or holders of, a temporary use permit issued under Chapter 14 of the Board's rules.
(d) If the person desiring entry upon state lands is unable to reach an agreement with a lessee regarding a surface impact payment after having negotiated with the lessee in good faith for a period of ninety (90) days, the person desiring entry and/or the lessee may submit evidence to the Office to establish the surface impact payment. - (i) The evidence and any information the Director deems relevant will be analyzed by the Director, whereupon, the Director will enter an order establishing the surface impact payment and recommend the decision to the Board for final approval.
- (ii) Either 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 establishing the surface impact payment shall constitute final agency action.
- (iii) The person desiring entry may immediately enter the state lands while negotiations with the lessee are proceeding, upon providing the Office with a deposit for the surface impact payment in an amount determined by the Office. When the Director enters an order establishing the surface impact payment, the Office shall forward the lessee's share of the surface impact payment to the lessee and return any excess money on deposit to the petitioner, without interest.
- (iv) The costs of the contested case hearing, including hiring a hearing officer, shall be paid in equal shares by the person desiring entry and the lessee.
060-4 Wyo. Code R. § 4-14