SUMMARY of PROCEEDINGS - Draft Only - Wyoming Legislature
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Draft Only
S UMMARY of
Approval Pending
P ROCEEDINGS
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER
RESOURCES COMMITTEE
COMMITTEE MEETING INFORMATION
May 24-25, 2021 | 8:30 AM
Gillette College Technical Education Center, Room 136
3251 South 4-J Road
Gillette, Wyoming
COMMITTEE MEMBERS PRESENT
Senator Brian Boner, Co-chairman
Representative John Eklund, Co-chairman
Senator Anthony Bouchard
Senator Tim French
Senator R. J. Kost
Senator Jeff Wasserburger
Representative Jim Blackburn
Representative Aaron Clausen
Representative Bill Fortner
Representative Scott Heiner
Representative Dan Laursen
Representative Cyrus Western
Representative Robert Wharff
Representative John Winter
LEGISLATIVE SERVICE OFFICE STAFF
Heather Jarvis, Staff Attorney
Katie Talbott, Legislative Editor
Heather Kammerman, Executive and Fiscal Assistant
Joe Peterson, Information Technology Specialist
OTHERS PRESENT AT MEETING
Please refer to Appendix 1-02 to review the Committee Sign-in Sheet
for a list of other individuals who attended the meeting.
The Committee Meeting Summary of Proceedings (meeting minutes) is prepared by the Legislative Service Office
(LSO) and is the official record of the proceedings of a legislative committee meeting. This document does not
represent a transcript of the meeting; it is a digest of the meeting and provides a record of official actions taken by
the Committee. All meeting materials and handouts provided to the Committee by the Legislative Service Office,
public officials, lobbyists, and the public are on file at the Legislative Service Office and are part of the official
record of the meeting. An index of these materials is provided at the end of this document and these materials are
on file at the Legislative Service Office. For more information or to review meeting materials, please contact the
Legislative Service Office at (307) 777-7881 or by e-mail at lso@wyoleg.gov. The Summary of Proceedings for each
legislative committee meeting can be found on the Wyoming Legislature’s website at www.wyoleg.gov.PAGE 2 OF 18
EXECUTIVE SUMMARY
The Joint Agriculture, State and Public Lands and Water Resources Interim Committee met for two days
in Gillette. The Committee began their work on interim topics by receiving testimony from State and local
agencies including the Wyoming Energy Authority, Wyoming Community Development Authority, and
the Wyoming Business Council concerning quasi-governmental entity organizations and bonding. The
Wyoming Department of Agriculture, Wyoming Livestock Board, Office of State Lands and Investments
and the Wyoming Business Council provided information regarding the organization and history of those
agencies. The Committee received agency updates and reports from Office of State Lands and Investments,
Wyoming Department of Agriculture, Wyoming Livestock Board, Wyoming State Fair and the University
of Wyoming College of Agriculture and Natural Resources. Predator management, trespass of wild, feral
and estray horses, livestock water rights on federal lands and perfecting land exchanges with the federal
government all brought numerous state and federal agencies and partners to the discussion including the
Bureau of Land Management, United States Forest Service, United States Department of Agriculture,
Animal Plant Health Inspections Service, Wildlife Services, United States Fish and Wildlife Service,
Wyoming Department of Agriculture, Wyoming State Engineer, and numerous stakeholder groups. The
meeting can be viewed on YouTube – Joint Agriculture, State and Public Lands and Water Resources
Interim Committee, May 24, 2021 AM, PM, May 25, 2021 AM, PM. The next Committee meeting is
scheduled for September 9-10, 2021.
C A L L T O O R D E R (M A Y 24, 2021)
Co-chairman John Eklund called the meeting to order at 8:30 a.m. The following sections summarize the
Committee proceedings by topic. Please refer to Appendix 1-01 to review the Committee Meeting Agenda.
ADOPTION OF INTERIM COMMITTEE MEETING RULES
The Committee voted to adopt the proposed Interim Committee Rules at Appendix 1-03, as amended by
deleting the last sentence of the first page regarding polling members and further amended by requiring a
majority of members of the Committee from each house to sponsor legislation.
A U T H O R I T I E S /Q U A S I - G O V E R N M E N T A L E N T I T I E S I N W Y O M I N G –
O V E R V I E W /H I S T O R Y A N D E M P I R I C A L E X P E R I E N C E S
Information on revenue bonding
Donna Shippen, Research Deputy Administrator, Legislative Service Office (LSO), provided slides,
Appendix 2-05, summarizing her research memo outlining Industrial Revenue Bonds (IRB), Appendix 2-
01. IRBs are bonds issued by state and local governments to finance the acquisition, construction, or
expansion of capital facility projects for private, for-profit businesses. Wyoming is using 50% of the
statutorily set $300 million tax-exempt volume cap each year. Ms. Shippen explained that it may not be
feasible to use IRBs as matching funds for a Wyoming meat processing expansion grant program due to
the small amount, $1 million, of the grant, because banking and legal fees may be as much at $60-70,000.
She responded that there is no limit on the dollar amount of taxable bonds that could be issued, except that
when using taxable bonds in combination with tax-exempt bonds, the total cost of a project is limited to
$20 million.
Wyoming Energy Authority
Glen Murrell, Wyoming Energy Authority, provided the background of the Wyoming Energy Authority,
which was created July 1, 2020 by merging the Infrastructure Authority and the Pipeline Authority to create
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL lso@wyoleg.gov • WEBSITE www.wyoleg.govPAGE 3 OF 18
a unified entity to support the energy industry in the state. Their mission is to secure and sustain the energy
economy in Wyoming, which is the third largest state energy economy in the country. The Wyoming Energy
Authority has an IRB cap of $3 billion, which can be deployed for infrastructure facility build outs related
to the energy sector. The State Treasurer may invest in the IRBs but is under no obligation to do so. While
this bonding authority has existed for approximately eighteen years, bonds have been used twice.
Wyoming Community Development Authority
Scott Hoversland, Executive Director, Wyoming Community Development Authority (WCDA), provided
a brief history of the WCDA, created in 1975, Appendix 2-03. No substantial changes have occurred to the
Wyoming Community Development Act since 1988. The WCDA issues mortgage revenue bonds to finance
the purchase of first-time homebuyer loans for the citizens of the State of Wyoming. The bonds are tax-
exempt and subject to the private activity volume cap of the State. Projects eligible for financing through
private activity bonds include funding and refinancing loans for students, airports, private universities,
hospitals, affordable rental housing and first-time lower-income home buyers. The WCDA will be adding
the Community Development Block Grant (CDBG) Program on July 1, 2021. The federal CDBG Program
provides annual grants on a formula basis to states, cities, and counties to develop viable urban communities
by providing decent housing and a suitable living environment, and by expanding economic opportunities,
principally for low-and moderate-income persons.
Wyoming Business Council
Josh Dorrell, CEO, Ron Gullberg, and Jill Tregemba, Wyoming Business Council (WBC), provided
information and slides found in Appendix 4-05 and Appendix 4-06. The WBC is tasked with developing
not only a diverse economy, but also a resilient economy for Wyoming. Ms. Tregemba highlighted a few
areas of success within the agricultural sector including the expansion of eight additional small United
States Department of Agriculture (USDA) meat processing plants in three years.
The Committee requested a report from the WBC regarding the audits following the distribution of CARES
Act funds. The funds distributed are publicly available on wyopen.gov. The Committee asked about the
amount of funds distributed to agricultural related businesses through business ready grants and would like
to have that information available at the next meeting.
The Committee voted to request a bill draft to clarify the use of IRBs for agricultural and agricultural-
related businesses. The request was to specifically look at modifying statutes W.S. 15-1-701 et seq.
AGRICULTURE RELATED AGENCIES AND ROLES – CURRENT ORGANIZATION (AND
5-10 Y E A R H I S T O R Y )
Wyoming Department of Agriculture
Doug Miyamoto, Director, Wyoming Department of Agriculture (WDA) provided an overview and
background on the WDA and the services they provide. The WDA's biggest focus is consumer protection.
The WDA has five divisions: Administration, Analytical Services, Consumer Health Services, Natural
Resources and Technical Services and eighty-six employees, Appendix 4-02. Mr. Miyamoto emphasized
the WDA did not hire additional employees with CARES Act funds due to the one-time nature of those
funds. The Committee discussed the challenges of hiring qualified meat inspectors in the state.
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL lso@wyoleg.gov • WEBSITE www.wyoleg.govPAGE 4 OF 18
Wyoming Livestock Board
Steve True, Director, Wyoming Livestock Board (WLSB) and Shaun Sims, Board President, provided an
update as well as an organizational chart of the WLSB, Appendix 4-03. The WLSB is tasked with the
regulation, enforcement, and protection of the livestock industry in Wyoming. The WLSB oversees animal
health, brand recording and inspections. The Committee discussed the memorandum of understanding
(MOU) program the WLSB has in place for law enforcement purposes after law enforcement positions
were eliminated from the WLSB.
Office of State Lands and Investments
Jenifer Scoggin and Jason Crowder, Director and Deputy Director, Office of State Lands and Investments
(OSLI), presented the OSLI organizational chart and activities in a series of slides, Appendix 2-04. The
OSLI mission is to effectively manage natural resources and funds for current and future generations. The
OSLI is the administrative arm of the Board of Land Commissioners and the State Loan and Investment
Board (SLIB) and has approximately 100 full time employees. The Board of Land Commissioners,
composed of the top five elected positions in the state, is charged with optimizing revenue from state trust
lands. In 2009, in response to the Weed and Pest Act and acting as a landowner for the State, the Board
adopted a weed and pest rule to encourage participation in weed and pest control on state trust lands. The
program reimburses county weed and pest districts only and not lessees directly. The Committee requested
the amount of staff time necessary to coordinate and execute the weed and pest program within the OSLI.
Ms. Scoggin discussed the SLIB Farm Loan Program which brought questions from the Committee
concerning the interest rate charged and whether or not those statutes needed to be reviewed.
Information on surrounding states, Legislative Service Office
Abigail Boudewyns, Research/Evaluation Administrator, LSO, presented the research memo in Appendix
4-01, outlining other states’ departments of agriculture regulatory and marketing functions. Ms. Boudewyns
outlined Wyoming, Kansas, Nebraska, North Dakota, Montana and Idaho and how those departments of
agriculture are organized. Surrounding states have divisions for the promotion, marketing and outreach of
agriculture; Wyoming does not.
Committee Action
The Committee voted in favor of a bill draft to move weed and pest functions, funding and one employee
from the OSLI to the WDA.
AGENCY UPDATES, REPORTS, LEGISLATIVE NEEDS
Office of State Lands and Investments and Board of Land Commissioners
Governor Mark Gordon, on behalf of the Board of Land Commissioners, and Joe Budd, policy advisor for
the Governor’s Office, provided remarks concerning the bidding and leasing process for state lands and the
state’s work with vacant lands. Language in Article 18, Section 3 of the Wyoming Constitution compelling
the Board to realize the largest possible proceeds for state lands has led to some confusion with
"preferences" referred to in state land statutes. They pointed out instances that may not be understood in all
circumstances, such as where there are two leases that are not proximate to one another or where the federal
government is an adjacent landowner. The OSLI has draft rules for vacant land leasing that may help resolve
the confusion. Proposed legislation during the 2021 General Session (2021 SF0114) aimed to address the
issue but fell short after several amendments and was ultimately vetoed by the Governor.
State Treasurer Curt Meier, speaking on his own behalf, would prefer an open bidding process rather than
a process where a person with a preference may match the high bid. Mr. Meier indicated if you only enter
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL lso@wyoleg.gov • WEBSITE www.wyoleg.govPAGE 5 OF 18
into a bid match process it could potentially drive down the value of the land rather than an open bidding
process, which could maximize proceeds for the beneficiaries. To protect properties, he suggested
restricting who qualifies to lease lands and the terms of the leases. Balancing both goals, preference for
adjoining landowners and making as much money as possible for the State, could be accomplished by
agency rules. He also suggested looking at public leases versus private leases and animal unit per month
(AUM) prices.
Director Scoggin, Deputy Director Crowder and Bill Crapser, State Forester, provided the agency update
for the OSLI. The Committee asked them to follow up on the vacant land leasing rules they are drafting
pursuant to SF0114, which will be ready for the Board of Land Commissioners on June 3, 2021 and will
become public at that time. Ms. Scoggin will provide those rules to the Committee. Director Scoggin
informed the Committee about the voluntary land exchange rules on which the OSLI is also working.
Mr. Crowder reviewed the materials in Appendix 4-04, which included project costs and revenues from
state trust lands.
Mr. Crapser provided an update and cautioned about the forecasted warm and dry summer conditions across
the state, increasing the potential for a devastating fire season. This fire season will likely deplete the $8.5
million in the fire suppression account. Last year there were about 1200 fires reported in the Wyoming,
84% of those were human caused.
Public Comment
Jim Magagna, Wyoming Stock Growers Association (WSGA), spoke regarding 2021 SF0114 "State land
leases," which he supported until the final amendment, believing it eliminated some necessary flexibility.
Mr. Magagna supports greater clarity with respect to landowner preference and matching the high bid, and
he spoke against the open bidding concept due to the uniqueness of lease lands and specific needs of
agricultural operations.
Amy Hendrickson, Wyoming Wool Growers Association, spoke regarding the role of the WDA and the
regulatory burdens, but also the support the government can exercise.
Committee Action
The Committee voted to resurrect 2020 HB0037-Voluntary land exchange process as a bill draft, amended
to include that within thirty days of the submittal of the application the OSLI shall post public notice of a
proposed land exchange. The Committee also authorized a bill draft based on 2021 SF0114 as enacted, with
anticipated recommendations for changes at the next meeting from the Governor, OSLI and producer
groups.
Wyoming Department of Agriculture
Director Miyamoto provided the agency update for the WDA. He indicated it had been a hectic year with
the COVID-19 health emergency, and the WDA worked hard to develop emergency rules and roll out
numerous aid programs. The primary item the WDA was tasked with was the Wyoming Meat Expansion
Grant Program which required a very fast turnaround to use CARES Act funds. The WDA is currently
preparing emergency rules for a Wyoming Meat Expansion Grant Program 2.0 in case an additional
allocation of funding becomes available to the WDA. The WDA was also forced to pass emergency rules
for the food and restaurant industry related to food trucks. Truck stops were forced to close due to the
pandemic and the trucking industry needed food services while on the road, the emergency rules allowed
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL lso@wyoleg.gov • WEBSITE www.wyoleg.govPAGE 6 OF 18
for mobile food services to be available and allowed trucks to overnight in rest areas, as well as dealing
with a backlog overstock of winterized diesel fuel. Mr. Miyamoto stated that Wyoming was fortunate during
the pandemic to not experience the closure of any meat processing plants, unlike surrounding states.
Mr. Miyamoto briefed the Committee on the Zebra mussels invasive species found in moss balls. The WDA
has been cooperating with the Wyoming Game and Fish Department (WGFD) and implemented an
importation quarantine ban almost immediately upon discovery of the issue in March.
Mr. Miyamoto discussed the USDA audit of the WDA based on the 2020 HB0155-Animal shares bill.
Because distribution of meat pursuant to an animal share direct from the farm or ranch where the animal is
located differs from standard meat inspection and distribution processes, the USDA has concerns regarding
compliance with federal regulations. The USDA conducted inspections at numerous meat processing plants
in Wyoming and did not discover any record keeping violations. Additional inspections will occur in the
future.
The step 2 and 3 budget cuts affected the WDA by eliminating a scale inspector from Lander and another
position, in addition to other funding. Director Miyamoto has concerns about continuing the basic services
required for the inspection of scales. Lastly the Director told the Committee that Wyoming would be hosting
the National Association of State Departments of Agriculture in 2023.
Wyoming Livestock Board
Director Steve True, State Veterinarian Dr. Jim Logan and WLSB President Shaun Sims presented the
WLSB update. Dr. Logan provided an update on the reportable diseases list, which included brucellosis,
and reported there is currently only one affected bison herd under quarantine in the state as of April 15,
2021. Training in and around the Designated Surveillance Area (DSA) continues as the WLSB encourages
risk assessment and herd plan development. Dr. Logan presented further information on reportable diseases
in Appendix 6-01. Dr. Logan reported on Rabbit Hemorrhagic Disease Virus 2 (RHDV2), which has
increased in the United States and Wyoming in domestic and wild rabbits. Dr. Logan also discussed the
increase in Johne’s disease in bovine, goat, and sheep populations. He recommended establishing a working
group to address the increased incidence of the disease.
Director True briefed the Committee on the updated brand renewal process, which now includes renewals
in 10-year increments up to 100 years. There are 5250 brands. Mr. True indicated brand renewals are a
consistent means of estimating revenue with 80% of brands renewing, whereas brand inspection revenue is
more variable and difficult to predict.
WLSB President Shaun Sims provided a brief update on the WLSB and its membership regarding outgoing
and newly appointed members.
Wyoming State Fair
Courtny Conkle and Reba Sundseth, General Manager and Assistant General Manager, Wyoming State
Fairgrounds, along with Director Miyamoto, provided an update regarding the Wyoming State Fair. The
Wyoming State Fair is a division within the WDA. Ms. Conkle reported all contracts for the 2021 State
Fair have been drafted, all retail spaces are sold out, and they have diversified the entertainment, food, and
shopping offerings for this year’s fair. The fairgrounds are booked for all but four weeks of the year, which
has maximized the available maintenance and manpower. The Wyoming State Fair experienced an 8.6%
increase in revenue in 2020 as they were one of the few state fairs to continue through the COVID-19 health
emergency. There has, however, been a decrease in permanent campers in the campground.
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL lso@wyoleg.gov • WEBSITE www.wyoleg.govPAGE 7 OF 18
UW College of Agriculture and Natural Resources
Barbara Rasco, Dean, University of Wyoming College of Agriculture and Natural Resources, presented
slides, Appendix 6-02. Ms. Rasco shared a number of accomplishments, challenges, and needs of the
College. Ms. Rasco reviewed the College’s budget, exception request, and position summary. Dean Rasco
told the Committee there were currently six counties without Extension educators. The Wyoming State Vet
Lab will possibly receive its Biosafety Level-3 (BSL3) designation from the Centers for Disease Control
(CDC) in July. Ms. Rasco discussed a new ranch management and leadership program, infrastructure needs,
and potential use of American Rescue Plan Act (ARPA) funds for a “Ranch of the Future” program. The
Committee questioned her about the budget cuts the College faced compared with the rest of the University
and how they were dealing with them. Dean Rasco indicated it is a troubling situation, especially if the cuts
continue into 2024.
Public Comment
Shaun Sims commented concerning the importance of weights and measures in his livestock production
business and urged the Committee to proceed with caution in the reorganization of those duties. He also
addressed the budget cuts to the Rangeland Health Assessment Program (RHAP), indicating it was a very
valuable program and advocated for its return if possible.
MEETING RECESS
The Committee recessed at 5:20 p.m.
T U E S D A Y , M A Y 25, 2021
Co-chairman Boner called the meeting to order at 8:30 a.m.
PREDATOR MANAGEMENT – OVERALL CONCERNS AND REIMBURSEMENT
MATTERS
Wyoming Department of Agriculture
Director Miyamoto, Kent Drake, and Jerry Johnson, WDA, were all present to provide background and
information on the predator management and control program within the WDA, Appendix 10-01. In 1953
the Wyoming Legislature authorized the WDA to be the lead agency in predator management. Until 1988
most of the trapping and predator control was done by the WDA, at that time the USDA Animal and Plant
Health Inspection Service Wildlife Services (Wildlife Services) became involved and assumed a portion of
those duties. In 1999 the Wyoming Legislature formed the Animal Damage Management Board (ADMB),
and in 2006 the program received significant funding in the amount of $5.2 million. Predator management
is a three-legged stool to manage: the WDA, the counties and Wildlife Services. There is also a
subcomponent of the predator management program, wildlife protection and research, operated by the
WGFD.
Mr. Drake described the expansion of the ADMB to the counties and the current structure of the partnership
with the ADMB. There are twenty-two predator management districts and nineteen boards. All but three
counties, Laramie, Platte, and Teton, have predator management boards. Those three counties and Sublette
County deal with predators differently than through a partnership with the ADMB. The nonparticipating
counties choose not to charge $1.00 per head as required to participate with the ADMB for cost share. Of
those participating they can choose to either contract with Wildlife Services for hunting and trapping or
alternatively they can choose an independent contractor for those services. Director Miyamoto and Brian
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL lso@wyoleg.gov • WEBSITE www.wyoleg.govPAGE 8 OF 18
Nesvik, Director of the WGFD, serve as co-chairmen on the ADMB. The WDA also administers the aerial
permitting contracts.
There are significant contract costs with Wildlife Services; however an exemption has continuously been
granted to the WDA and the ADMB. If that exemption were to discontinue it would seriously impact the
work of the ADMB. Availability of aircraft pilots (for aerial shooting) has also been a challenge in recent
years.
Wyoming Wool Growers Association and County Predatory Boards
Ms. Hendrickson told the Committee predators are possibly the number one reason sheep producers leave
the industry. A loss of 15% from eagles is often normal, but she described a single producer who
experienced a 55% loss of replacement ewes to eagle depredation. The ability to respond quickly is
important and the resources are not always readily available. Losses are felt not only by livestock producers,
but also by farmers and crop producers. Wildlife Services are often responsible for many areas of animal
management, including bird strikes at airports, and frequently do not have the resources to cover all areas
of animal and predator management necessary. Agriculture and Wildlife services are often the first services
to experience budget cuts. She implored more authority for the WDA to help counties when Wildlife
Services cannot respond in ample time. The Wyoming program is the envy of the west; however, it cannot
be taken for granted and the need for funding continues to increase. There are more predators than ever
before, in part because of the federal protections in place. Predator boards also serve communities and
public health by helping to control rabies by controlling skunks.
Wyoming Stock Growers Association
Mr. Magagna spoke to the negotiating power of twenty-two separate predator boards with a federal agency,
rather than a single, combined force, such as the ADMB/WDA. Mr. Magagna requested help from the
Committee to enhance the relationships with the federal government and to strengthen the position of the
WDA to negotiate with the federal agencies, especially on performance standards. Many of the current
MOUs lack specificity and instead have language requiring consultation.
United States Department of Agriculture, APHIS Wildlife Services
Michael Foster, State Director for Wyoming USDA APHIS Wildlife Services and supervisory wildlife
biologist, has been with the Service for twenty-five years. He described the size and scope of Wildlife
Services, which is intended to provide federal leadership and skill to resolve wildlife interactions that
threaten public health and safety, as well as agricultural, property, and natural resources. Wildlife Services
works in every state to conduct a program of integrated wildlife damage management in response to local
requests, Appendix 10-02. He addressed questions regarding wolf reintroduction in Colorado and explained
that Colorado already has wolves, an established pack that migrated from Wyoming. The new ballot
initiative would introduce additional wolves.
County Predatory Animal Boards
John Auzqui, Sheridan County Predator Board, explained their predator program that does not contract with
Wildlife Services. Mr. Auzqui spoke favorably regarding the interactions with the WDA.
Pete Camino, Johnson County Predator Board, described their predator board. They have two contract labor
trappers, two part-time labor skunk trappers. They have included outfitters in their flying program. Mr.
Camino reported dealing with skunks, marmots, coyotes, mountain lions, bears, wolves and ravens. His
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL lso@wyoleg.gov • WEBSITE www.wyoleg.govPAGE 9 OF 18
board has data to report that the predator control of coyotes in and around sage grouse leks has in fact
increased sage grouse populations in twelve different leks.
Kevin Geis, Campbell County Predator Board, described their contract program. They focus on livestock
predation. Campbell County does not contract with Wildlife Services. Mr. Geis indicated they disposed of
155 skunks in one month, while that is a community health benefit it takes time from livestock predation.
Predator management provides benefits to the pronghorn and sage grouse populations. They take all manner
of animals including coyotes, eagles, ravens and crows.
Wyoming Game and Fish Department
Director Nesvik described the role the WGFD takes in predator management and predator projects that
benefit wildlife populations. He discussed habitat matters and effects of avian predation. Mr. Nesvik pointed
out that Wyoming has the largest sage grouse population in the world, but it remains under threat constantly
from predators and environmental factors. He addressed questions regarding wolf reintroduction in
Colorado and indicated the state would have very little input in the program. He pointed out that wolves
are considered predators in Wyoming except for the northwest corner of the state.
Public Comment
Shaun Sims commented from the perspective of a sheep rancher, indicating that eagles and ravens are an
issue and expressing frustration over the response time to active predation and permit applications. He
commented that bounties are not always successful.
Lisa Robertson, Wyoming resident, spoke in opposition to aerial hunting for predator management. Ms.
Robertson expressed concern over a correlation between violence against animals and domestic abuse and
criminal behavior. She spoke against chasing and running over coyotes with snowmobiles, promoting 2019
HB0288 and offering additional bill language.
Kristin Combs, Wyoming Wildlife Advocates, spoke in favor of funding for non-lethal predator control
methods so that predators can live together with other wildlife and livestock.
Representative Laursen received a text from Park County to ask that funds remain available for mitigation
for big game herds moving onto hay grounds due to pressure from wolves and bears.
Committee Action
The Committee voted to coordinate with the Travel, Recreation and Wildlife Committee on a letter to the
Federal Administration of Wyoming’s desire and intent to proceed with the delisting of grizzly bears.
The Committee voted to draft a bill specifying that the WDA be the primary liaison with other agencies for
predator control and also allow the ADMB to contract directly for predator control services instead of going
through a local predator control board.
TRESPASS OF WILD, FERAL AND ESTRAY HORSES
Bureau of Land Management
Kim Leibhauser, Acting BLM Wyoming State Director, presented her testimony provided in Appendix 12-
07, and Appendix 12-06. From fiscal year 2020 to May 25, 2021 the BLM has accomplished 2287 wild
horse removals, 171 fertility control treatments, and 491 private care placements in Wyoming. The BLM
manages wild horses and burros on 177 designated herd management areas (HMA) on 26.9 million acres
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL lso@wyoleg.gov • WEBSITE www.wyoleg.govPAGE 10 OF 18
of public lands in ten western states. With virtually no natural predators, wild horse and burro populations
can nearly double every four to five years. Wyoming has sixteen HMAs on five million acres, which can
adequately support up to 3,795 horses. There are currently more than 7,700 horses on BLM lands in
Wyoming.
Kristen Lenhardt, Deputy State Director, discussed options they use for gathering and removal or for
fertility control using Porcine Zona Pellucida (PZP), which is not permanent, and spaying, which requires
compliance with and impact study according to the National Environmental Policy Act.
Wyoming Stock Growers Association
Mr. Magagna thanked the acting State BLM director for working closely with the WSGA. This is a difficult
situation for the BLM based on the actions of Congress, such as preventing the sales of gathered horses,
which causes disposal not to occur in the numbers that it needs to. There has been an annual increase in
wild horse numbers of approximately 20-27%. Mr. Magagna provided documents supporting his testimony,
Appendix 12-02 and Appendix 12-05. There is little the Wyoming Legislature or the WSGA can do to
remedy the situation as the responsibility lies with Congress. He recommends billing the BLM for damage
at different rates depending on whether an area is above or below the appropriate management level (AML).
See Appendix 12-04. BLM is lacking in the necessary authority and resources to manage wild horses in
reasonable numbers. Much of their budget is being spent on maintenance and care rather than on gathering
and disposal.
Shoshone & Arapaho Fish and Game
Art Lawson, Director, Shoshone and Arapaho Fish and Game and acting livestock officer, provided
information regarding grazing conditions on the Wind River Indian Reservation (WRIR). The WRIR
consists of approximately two million acres and there are currently 18,000 feral horses doing damage by
destroying fences and degrading grassland and wildlife conditions. Funding is not sufficient to manage the
current horse population. There are additional options on the WRIR for addressing this issue, because the
WRIR is not subject to the Wild Free-Roaming Horses and Burros Act.
U.S. Fish and Wildlife Service
Pat Hnilicka, U.S. Fish and Wildlife Service in Lander, presented slides, Appendix 12-08, detailing current
rangeland conditions and impacts of feral horse populations on the WRIR. One horse is the equivalent to
approximately two and a half head of elk in terms of forage consumption.
Wyoming Livestock Board
Director True explained the WLSB's role with the wild horse population in Wyoming is strictly from a
brand inspections perspective. He thanked the LSO and referred to the overlap identified between federal
and state statutes identified in the LSO memo, see Appendix 12-01. He noted that a surface owner may
authorize a gather, but problems with checkerboard land ownership exist. He noted that they distinguish
estrays from wild horses in conjunction with the BLM. If it is not a federal wild horse, then the estray
process is triggered to gather then sell, slaughter, or destroy. If they are not wild horses then they can deal
with horses as estrays and sell them at public auction.
Wyoming Wild Horse Improvement Partnership
Christi Chapman and Mary Santagata, Wyoming Wild Horse Improvement Partnership (WYWHIP), a
Wyoming non-profit, works with other agencies to manage the herds to keep them from overpopulating,
Appendix 12-03. When the horses overpopulate is when they are forced to expand their range. WYWHIP
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
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has offered to work with the BLM on range improvement projects as well as pursue funding for additional
fertility control measures in the wild horse population. They are both certified darters for the remote
delivery of PZP. They explained the science about how PZP works. They also have a database to keep track
of the horses in each HMA, which allows the public to learn about and adopt the horses.
County Attorneys
Violating Wyoming's laws regarding wild horses, estrays or feral livestock constitutes a crime; so several
county attorneys participated in the discussion. Representative Ember Oakley, Fremont County and County
Attorneys Association, added that proposed state action in regard to feral horses would be addressed by the
Attorney General. Responding as to whether state action would benefit the Reservation, she indicated that
it would not directly, except insofar as there is state or private land within the Reservation. Dan Erramouspe,
Sweetwater County and County Attorneys Association, added that individually or as an association they
would be willing to offer any assistance. John Worrall, President County Attorneys Association, Washakie
County, mentioned that the Reservation may exercise more management activities than allowed on BLM
land. He remarked that the questions remain: who owns the wild horses? If it is the federal government,
then after a length of time might they become estrays? He encouraged the committee to reach out to the
Association if they can be of help, for research or anything.
Public Comment
Beth Callaway, Governor’s Office, Policy Advisor, explained Governor Gordon’s position on wild horse
management in Wyoming. It is a concern and he would like to explore solutions that encourage multiple
uses. Overpopulation above the AML is a concern. The Governor supports all options to address the
situation.
Committee Action
The Committee voted in favor of bill drafts to address options one and two from Mr. Magagna's materials,
Appendix 12-04, and including that private landowners would be able to apply for payments also.
The Committee voted to have a bill draft prepared for the special session to authorize the use of ARPA
funds to assist the state in gathering wild horses and to include lands on the WRIR and an MOU with the
BLM. If there is no special session, the Committee may consider a letter to the Governor asking him to
consider the use of the ARPA funds for those purposes.
LIVESTOCK WATER RIGHTS ON FEDERAL LANDS
Mr. Magagna spoke regarding 2021 SF0135, Water rights-livestock on federal lands, as introduced, which
inserts a new section in water law specific to water rights for watering livestock on federal land, Appendix
14-01. A list of remaining issues was presented as Appendix 14-02 that could be examined and potentially
resolved. Mr. Magagna further referenced a report on stock water permits and rights on federal lands written
by a WSGA extern in 2010, Appendix 14-03.
Wyoming State Engineer
Greg Lanning, State Engineer, explained that the bill was brought last session and there were several
amendments from the Senate Agriculture Committee. Mr. Lanning suggested an alternate, targeted
approach that would be a recommendation to amend other statutes in title 41. He summarized the BLM
comments that they appreciate the relationship with the state of Wyoming and think the MOUs work well,
and in general, there are no issues. With respect to the legislation in other states, they have had some recent
court cases, specifically about the names on the permits and beneficial use. The difference is the focus on
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
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the diversion, rather than the permittee, appurtenant to the land. Wyoming can have multiple applicants.
Once adjudicated, however, a right is adjudicated to the underlying landowner. The application and permit
are perfected and constitute its own property right. An applicant and an agency can be on the permit. Both
MOUs are for a 10-year duration. The United States Forest Service (USFS) MOU with the State expires at
the end of this year. The BLM MOU with the State expires at the end of next year. He commented that the
bill could supplant the MOUs.
Bureau of Land Management
Acting Director Liebhauser provided testimony on behalf of the BLM, Appendix 12-06. She referred to a
long-standing MOU with the State Engineer’s office, due to expire in 2022, and the BLM is looking forward
to working with the State to renew the MOU and address potential changes that support partnership goals.
United States Forest Service
Kathryn Conant, Director for Lands and Minerals, Intermountain Region, USFS, addressed the Committee
and provided written testimony, Appendix 14-05. Ms. Conant also expressed her appreciation for a good
working relationship with the State of Wyoming and is looking forward to renewing the MOU that expires
on December 31, 2021, Appendix 14-04. The MOU addresses more topics than stock water. At this time,
she is not aware of any existing conflicts or issues with respect to stock water on National Forest Service
lands. She indicated that the bill raises management questions such as whether there could be multiple
permittees for the same allotment or overlapping permittees, and what would happen if a permittee moves
from one allotment to another or if there is not agreement among permittees.
Public Comment
Robert and Jean Harshbarger, Newcastle, Wyoming provided testimony and written comments, Appendix
14-06. They appeared in opposition to 2021 SF0135, indicating it fails to protect long-held rights. The
Harshbargers contended the federal government should hold no beneficial uses as they own no animals and
no wildlife other than wild horses.
Brett Moline, Wyoming Farm Bureau Federation, indicated that 2021 SF0135 does not go as far as his
membership would like. They would like to see the permittee's name on the permit with the federal
government's. The state of Nevada passed legislation prohibiting federal agencies from holding a water
right on federal land, and no water has been developed on federal range in Nevada since that took effect.
Committee Action
The Committee voted in favor of a bill draft similar to 2021 SF0135 with amendments from Appendix
14-02 suggested by the Attorney General’s office as the Committee discussed today.
PERFECTING LAND EXCHANGES WITH THE FEDERAL GOVERNMENT,
CONGRESSIONAL APPROVAL PROCESS
Chairman Boner introduced the topic, indicating that there are state school sections that are inaccessible
due to surrounding federal land status. The idea is to exchange those 640-acre sections in favor of areas
better suited for development.
Bureau of Land Management
Acting Director Liebhauser explained the process of perfecting land exchanges, Appendix 12-06.
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
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Duane Spencer, Deputy State Director for Minerals and Lands, BLM, answered the question about how to
be successful with a land exchange. He indicated that first the parties must agree on which lands, which can
be complicated by the many mineral rights. It can be a good idea to start with simple exchanges first.
United States Forest Service
Ms. Conant provided an overview of the USFS land exchange process, Appendix 16-01. She responded
about other states and not having completed land exchanges with other state agencies. They have a number
of exchanges in various stages with private companies, such as mining companies. Stumbling blocks
include hazardous materials and split minerals estates.
Office of State Lands and Investments
Director Scoggin, Deputy Director Crowder, and Mr. Crapser, OSLI, presented the acquisition, disposal
and exchange processes, Appendix 16-03. Mr. Crowder explained a report, "State Trust Lands in Federal
Areas of Critical Environmental Concern, Wilderness Study Areas, and Wilderness Areas – Inventory and
Maps," Id. at page 5. He offered to review the report again and update the numbers for the Committee.
Chairman Boner asked whether it would be beneficial to have an additional position dedicated to pursuing
land exchanges. The OSLI responded in the affirmative.
Public Comment
Denise Langley, landowner near Thunder Basin National Grassland, described that they have had a land
exchange in progress for twenty years. The landowners seeking the exchange were told that there were
sixty-four steps, and they have not had enough resources to complete the steps. If the Committee or any
attendees could speed up the process, they would appreciate help. There are state lands surrounded by USFS
lands. She requested that if the State does exchange any lands, please first speak with the permittee, because
many lessees have a use that an exchange could jeopardize or cause hardship.
Kristen Gunther, Wyoming Outdoor Council, spoke in favor of these land exchanges. She spoke in favor
of providing additional resources to OSLI for the exchanges. She offered her organization as a resource for
this endeavor.
Committee Action
The Committee voted in favor of a bill draft to authorize one additional OSLI employee. Alternatively, they
could send a letter to the Joint Appropriations Committee to use temporary funds (ARPA funds) for a
temporary employee or a contract employee (AWAC position).
Directives to staff
LSO staff provided a recap of all of the bill draft requests. Representative Laursen moved, and the
Committee voted in favor of, drafting a Committee bill to change the interest rate in W.S. 11-34-117 from
8% to 3% above the yield of a ten-year treasury bond. Currently the rate is at 1.6%, but over the past ten
years the rate has been 4 to 10%.
Additional Business
Representative Eric Barlow, Speaker of the Wyoming House of Representatives, spoke regarding a
potential special session and the matrix of decision points and voluminous new federal guidance. He
explained that the Legislature in 2021 SF0118 already appropriated the COVID-19 relief money. He also
explained that the State already received $532 million in ARPA funds, plus money for education, counties
and the university.
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
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Representative Robert Wharff moved that the Committee draft a bill for special session similar to 2021
SF0081 with amendments according to his handout, Appendix 17-01. The chairmen suggested that
Committee sponsorship instead of personal sponsorship of the bill may add unnecessary controversy, and
the bill subject matter is not under the Committee's interim topics. A vote passed to draft a bill for special
session.
The next meeting is scheduled for September 9-10, 2021 in Riverton, Wyoming.
MEETING ADJOURNMENT
There being no further business, Co-chairman Boner adjourned the meeting May 25, 2021 at 5:15 p.m.
Respectfully submitted,
Representative John Eklund, Co-chairman
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
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Committee Meeting
Materials Index
Index
Agenda Item Document Description Document Provider
Number
1-01 Agenda LSO
1-02 Sign-In Sheet Legislative Service Office
Joint Agriculture, State and Public Lands and
Call to Order and
1-03 Water Resources Interim Committee Proposed LSO
Announcements
Interim Rules
Authorities/Quasi-
governmental Entities in
2-01 Wyoming - Industrial Revenue Bonds w/Appendix LSO
Overview/History and
Empirical Experiences
Authorities/Quasi-
governmental Entities in
2-02 Wyoming - Background Memo SF122 LSO
Overview/History and
Empirical Experiences
Authorities/Quasi-
governmental Entities in
History of Wyoming Community Development
2-03 Wyoming - WCDA
Authority
Overview/History and
Empirical Experiences
Authorities/Quasi-
governmental Entities in
2-04 Wyoming - OSLI Presentation OSLI
Overview/History and
Empirical Experiences
Authorities/Quasi-
governmental Entities in
2-05 Wyoming - IRB Presentation LSO
Overview/History and
Empirical Experiences
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL lso@wyoleg.gov • WEBSITE www.wyoleg.govPAGE 16 OF 18
Agriculture Related
Agencies and Roles -
Current Organization (and
5-10 year history) and
Possible Reorganization to
4-01 Memo - State Departments of Agriculture LSO
Address
Regulation/Consumer
Protection and
Support/Development of
Agricultural Matters
Agriculture Related
Agencies and Roles -
Current Organization (and
5-10 year history) and
Possible Reorganization to Wyoming Department of Agriculture Wyoming Department of
4-02
Address Information-Presentation Agriculture
Regulation/Consumer
Protection and
Support/Development of
Agricultural Matters
Agriculture Related
Agencies and Roles -
Current Organization (and
5-10 year history) and
Possible Reorganization to Wyoming Livestock
4-03 Livestock Board Organizational Charts
Address Board
Regulation/Consumer
Protection and
Support/Development of
Agricultural Matters
Agriculture Related
Agencies and Roles -
Current Organization (and
5-10 year history) and
Possible Reorganization to Office of State Lands and Investments - May Office of State Lands &
4-04
Address 2021 Complete Report Investments
Regulation/Consumer
Protection and
Support/Development of
Agricultural Matters
Agriculture Related
Agencies and Roles -
Current Organization (and
5-10 year history) and WBC Wyoming State Economic Development Wyoming Business
4-05
Possible Reorganization to Strategy Council
Address
Regulation/Consumer
Protection and
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
TELEPHONE (307) 777-7881 • FAX 307-777-5466 • E-MAIL lso@wyoleg.gov • WEBSITE www.wyoleg.govPAGE 17 OF 18
Support/Development of
Agricultural Matters
Agriculture Related
Agencies and Roles -
Current Organization (and
5-10 year history) and
Possible Reorganization to Wyoming Business
4-06 WBC - Presentation
Address Council
Regulation/Consumer
Protection and
Support/Development of
Agricultural Matters
Agency Updates, Reports,
Legislative Needs (topic is Wyoming State
6-01 State Veterinarian Report
scheduled for before and Veterinarian
after break)
Agency Updates, Reports,
UW - College of
Legislative Needs (topic is UW College of Agriculture and Natural
6-02 Agriculture and Natural
scheduled for before and Resources Presentation
Resources
after break)
Predator Management -
Wyoming Department of Agriculture-Chapter 14: Wyoming Department of
10-01 Overall Concerns and
Predators Agriculture
Reimbursement Matters
Predator Management -
Michael Foster - USDA
10-02 Overall Concerns and USDA APHIS Wildlife Services background
APHIS Wildlife Services
Reimbursement Matters
Trespass of Wild, Feral and
12-01 Memo - Wild, Feral and Estray Horses LSO
Estray Horses
Trespass of Wild, Feral and Wyoming Stock Growers Association Wild Wyoming Stock Growers
12-02
Estray Horses Horse Background Materials Association
Trespass of Wild, Feral and Wyoming Wild Horse Improvement Partnership
12-03 WYWHIP
Estray Horses Intro Packet
Trespass of Wild, Feral and
12-04 Wild Horse Management WSGA
Estray Horses
Trespass of Wild, Feral and
12-05 Wild Horse Issue WSGA
Estray Horses
Trespass of Wild, Feral and
12-06 BLM Testimony BLM
Estray Horses
Trespass of Wild, Feral and
12-07 BLM Wildhorse HMAs Wyoming BLM
Estray Horses
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002
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Trespass of Wild, Feral and
12-08 Feral Horse Impacts WRR - USFWS
Estray Horses
Livestock Water Rights on
14-01 SF135 Water rights-livestock on federal land LSO
Federal Lands
Livestock Water Rights on
14-02 SF135 Issues remaining Senator Hicks
Federal Lands
Livestock Water Rights on WSGA Report on Water Permits and Rights on
14-03 Senator Hicks
Federal Lands Federal Lands 10/2010
Livestock Water Rights on
14-04 USFS-SEO MOU 2016 USFS
Federal Lands
Livestock Water Rights on
14-05 USFS Comments-Stockwater Rights USFS
Federal Lands
Livestock Water Rights on
14-06 Public Comment-Harshbarger Public Comment
Federal Lands
Perfecting Land Exchanges
with the Federal
16-01 USFS Comments-Land Exchange USFS
Government, Congressional
Approval Process
Perfecting Land Exchanges
with the Federal
16-02 BLM Testimony BLM
Government, Congressional
Approval Process
Perfecting Land Exchanges
with the Federal
16-03 OSLI Land Transaction Processes OSLI
Government, Congressional
Approval Process
17-01 Day Two Adjournment SF0018 - Tracked Amendments LSO
JOINT AGRICULTURE, STATE AND PUBLIC LANDS & WATER RESOURCES COMMITTEE Summary of
Proceedings
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