August 8, 2013 Board Matter F-16

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1 August 8, 2013 Board Matter F-16 ACTION: Consider State Trust Land Fossils Loan Agreement Form and State Trust Land Fossils Donation Agreement for Teaching Collection Materials Form AUTHORITY: W.S ; Chapter 11 of the Rules and Regulations of the Board of Land Commissioners ALTERNATIVES: Approve Use of Loan and Donation Forms Deny Use of Loan and Donation Forms BACKGROUND: Pursuant of Chapter 11, Section 3(a) of the Rules and Regulations of the Board of Land Commissioners, fossils are defined as any remains, trace or imprint of a plant or animal that has been preserved in rock or in unconsolidated sediments, excluding fossil fuels and limestones or other calcareous rocks comprised of invertebrate fossils. All fossils and paleontological deposits on state lands are the property of the State of Wyoming and removal of specimens from these lands is not allowed unless authorized by the Board of Land Commissioners via an Exclusive Commercial Fossil Removal Permit or a Non-Exclusive Scientific Fossil Removal Permit. Casual or recreation fossil collecting (non-commercial collection of invertebrate fossils that is limited to those that occur as surface litter and do not require excavation for removal) does not require a permit and is subject to Chapter 13 (Public Hunting, Fishing and General Recreational Use) of the Rules and Regulations of the Board of Land Commissioners. An Exclusive Commercial Fossil Removal Permit may be issued by the Board to an applicant for the collection of specimens for sale to others. The terms of these permits cover the conditional removal of all fossil forms, excluding dinosaur and all other vertebrate fossils not specifically named in the Board s rules and the Board s permit form (no commercial permit is available for these specimens). Exclusive Commercial Removal Permits, which cannot exceed ten (10) acres in size, may be issued for a primary term of five (5) years, and can be renewed upon application for successive five (5) year terms. Approvals of renewals of ongoing Exclusive Commercial Fossil Removal Permits are not withheld so long as the permit is in good standing. Exclusive Commercial Fossil Removal Permits are subject to the first-year minimum annual royalty of ten thousand dollars ($10,000.00). For the remaining term of the commercial permit, a minimum annual royalty of ten thousand dollars ($10,000.00) is due on or before the permit anniversary date of each year and until the expiration or cancellation of the permit. Pursuant to Chapter 11, Section 7 of the Rules and Regulations of the Board of Land Commissioners, a royalty of ten percent (10%) of the gross sales price (without deduction of any cost including, but not limited to quarrying, preparation and marketing) for fossils identified as royalty bearing in Chapter 11, Sections 6(a) and (b) of the Rules and Regulations of the Board of Land Commissioners must be remitted on a quarterly basis to Office of State Lands and Investments (OSLI). Specimens not specifically listed in Chapter 11, Section 6(a) of the Rules and Regulations of the Board of Land Commissioners are deemed rare and unusual and must be reported to OSLI within thirty (30) days of discovery. These specimens may be sold only upon approval of OSLI and only after consultation with the Wyoming State Geological Survey (WSGS) after establishing the rarity or scarcity of the specimens. If approved for sale, these specimens are subject to a royalty of ten (10) percent. Any specimens not approved for sale are the property of the State of Wyoming and must be turned over to the State as directed by OSLI. These specimens must be delivered on site to OSLI or its agent or to the WSGS at the option of the Board and receipted by the State s representative when turned over by the permittee. Page 1 of 3

2 Exclusive Commercial Fossil Removal permittees are required to file an annual report on quarrying activities for the previous calendar year on or before May 31 of each year and the last year of the permit describing the quarrying activities completed during the year and plans for the following year s activities. A Non-Exclusive Scientific Fossil Removal Permit is issued by the Board to an applicant pursuant to collection of specimens for the purposes of scientific display, research and education, and not for resale. The terms of these permits cover the conditioned removal of all fossil forms, excluding dinosaur and all other vertebrate fossils not specifically named in the Board s rules and the Board s permit form. The Board will consider granting Non-Exclusive Scientific Fossil Removal Permits only to persons or institutions which are deemed properly qualified to conduct such examinations, excavations or gatherings. Subject to the provisions prescribed in the permit and provided that the examination, excavation and gatherings are undertaken for the benefit of reputable museums, universities, colleges or other recognized scientific or educational institutions, all gatherings or collections are returned to the WSGS upon completion of research or may be made available for permanent preservation at bona fide public museums or institutions where gatherings and collections are available to qualified scientific researchers. All applications for Non-exclusive Scientific Fossil Removal Permits are referred to the State Geologist for his recommendations. Non-Exclusive Scientific Fossil Removal Permits may be issued for a primary term of no more than five (5) years, and may be renewed upon application for successive five (5) year terms. No Non-Exclusive Scientific Fossil Removal Permit is granted for an area larger than the applicant can reasonably be expected to explore fully and systematically within the term of the permit. Approvals of renewals of ongoing Non-Exclusive Scientific Fossil Removal Permits are not withheld so long as the permit is in good standing. No minimum annual royalty is required under a Non-Exclusive Scientific Fossil Removal Permit. No fossil collected under a Non-Exclusive Scientific Fossil Removal Permit may be removed from the State without written consent of the Board. Consent may be requested by an applicant/permittee at the time of permit application. As a condition of approval for the removal of paleontological specimens collected under a Non-Exclusive Scientific Fossil Removal Permit, permittees must acknowledge in writing that such specimens shall remain the property of and under the ownership of the State of Wyoming, and that these specimens shall be treated as on loan to the permittee. On or before May 31 of each year and the last year of a permit, Non-Exclusive Scientific Fossil Removal permittees must submit an annual quarrying report on the previous season s activities to include survey/excavation progress, a catalogue of specimens collected, including the nature of each specimen, a tentative identification and specimen numbers and plans for the following season. All commercial and scientific fossil inventories recovered from State fossil permit areas must be maintained separately from other inventories permittees maintain and individually tagged or marked by the Wyoming permit number. ANALYSIS: In July, 2012, OSLI staff and WSGS staff began a review of the State s current inventory of fossils discovered on state trust lands to ensure that each fossil was recorded and cataloged. All rare and unusual specimens are appropriately stored and housed at the WSGS. WSGS staff has in the past, and continues to be, responsible for maintaining the fossil database that serves as an inventory of these specimens. The WSGS is also responsible for recording and tracking when and to whom these specimens are loaned for display and/or research purposes. During the inventory review, staff discovered numerous specimens of fish genera that are deemed very common had accumulated over time. Pursuant to Chapter 11, Section 6(a), specimens of this type, when discovered by commercial permittees, are approved for sale without review or royalty. Staff feels that it would be appropriate to share these Page 2 of 3

3 specimens with public schools around the state for educational and/or display purposes in the classrooms. That said, staff request that the Board consider the attached State Trust Land Fossils Donation Agreement for Teaching Collection Materials. This document will allow OSLI staff to track the voluminous inventory of common fish genera when they are donated to the public schools for educational purposes. In addition, staff would request that the Board consider the attached updated/revised version of the State Trust Land Fossils Loan Agreement that will be used by the WSGS when rare and unusual specimens are on loaned for display and/or research purposes. DIRECTOR S RECOMMENDATION: The Director recommends that the Board approve the use of the State Trust Land Fossils Loan Agreement Form and State Trust Land Fossils Donation Agreement for Teaching Collection Materials Form to be used to document and record the disposition of state trust land fossils. BOARD ACTION: Page 3 of 3

4 WYOMING OFFICE OF STATE LANDS AND INVESTMENTS 122 West 25 th Street Cheyenne, WY Phone: Fax: MATTHEW H. MEAD Governor RYAN M. LANCE Director STATE TRUST LAND FOSSILS Loan Agreement Parties The parties to this Agreement are the Wyoming Board of Land Commissioners, by and through the Office of State Lands and Investments (Lender), 122 W 25 TH, 3W, Cheyenne, Wyoming 82002, and the Borrower listed below: Name: Phone Number: Lender hereby places the specimen(s) described herein in temporary custody of the Borrower,subject to the terms and conditions of this Agreement, for the purposes set forth. DURATION OF LOAN (s): From to. PURPOSE FOR BORROWING THE SPECIMEN(S)(Check all that apply): Display/Exhibit Research/Study Making Casts Photographs Other (please describe) PHYSICAL LOCATION OF THE SPECIMEN(S) (address, building name or museum name and room number if applicable): DESCRIPTION OF SPECIMEN(S) (Specimen Number, Specimen Descriptions and Specimen Condition (prepared, unprepared, if broken include the number of pieces): LOAN CONDITIONS The loaned specimen(s) may remain in the possession of the Borrower for the time specified in this Agreement, but may be returned to the Lender at any time.. If an extension is requested for long-term research, examination, or exhibition, the Borrower will make a formal, written request to the Lender. Unless otherwise agreed in writing, the Borrower will return the items only to the Lender and only at the address specified by the Lender. This loan is made with the understanding that the specimen(s) will be in the Borrower s possession during the entire period requested. Prior written approval from the Lender is required for the specimen(s) to change custody or leave the physical location which it is originally assigned. The Lender may impose, in writing, additional conditions designed to preserve and protect the specimens subject to this Agreement. The Borrower shall be informed of, and comply with, all applicable federal, state and local laws and regulations in performance of this Agreement. The Lender may terminate this Agreement, requesting immediate return of the loaned specimen(s) at the Borrower s expense if any conditions of this Agreement are not fulfilled. State Trust Land Fossil Loan Agreement Page 1 of 2

5 OWNERSHIP AND CHANGE IN OWNERSHIP The loaned specimen(s) subject to this Agreement remain the property of the State of Wyoming and as such can be recalled by the Lender at any time upon two (2) weeks written notice. Lender will be responsible for transportation of the specimen(s). The Lender agrees that Lender has full legal rights to the specimen(s) loaned to the Borrower. The Lender will notify the Borrower of any change of ownership of the items in custody for whatever reason in writing within two (2) weeks of a change in ownership. INTERPRETATION Any specimen(s) to be placed on exhibit is open to interpretation by the Borrower. The Lender loans the specimen(s) with the understanding that Lender cannot restrict, command, or otherwise determine the manner in which the Borrower will interpret the specimen, its use, and its placement in the exhibit. REPRODUCTION AND CREDIT The Borrower is required to credit Lender for the specimen(s) in research, display, etc. and agrees to provide the Lender with a copy of all publications, brochures or publicity material. Photographs or copies may be made of the specimen(s) for the purpose of cataloging, non-commercial educational uses and publicity. Each specimen will be labeled and credited to the Lender as provided in this Agreement for display labels and publication credits. CARE AND PRESERVATION The Borrower will ensure that the specimen(s) subject to this Agreement are secured and managed with the highest level of professional care and protection during the time that the specimen(s) is on loan with the Borrower. The Borrower will not alter, clean or repair the specimens subject to this Agreement unless the Borrower has received written permission from the Lender. All shipping arrangements must receive prior approval from the Lender. Adequate security against breakage, damage and loss must be provided for loaned specimens. Any such occurrence must be immediately reported to the Lender. GENERAL PROVISIONS Amendments. Any changes, modifications, revisions or amendments to this Agreement which are mutually agreed upon, shall be incorporated by written instrument, executed and signed by all parties to this Agreement. Entirety of Agreement. This Agreement, consisting of three (3) pages represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral. Indemnification. The Borrower shall release, indemnify and hold harmless the State of Wyoming, the Office of State Lands and Investments and their officers, agents, employees, successors and assignees from any cause of action, or claims or demands arising out of the Borrowers s performance under this Agreement. Sovereign Immunity. The State of Wyoming and the Board of Land Commissioners do not waive sovereign immunity by entering into this Agreement and specifically retain immunity and all defenses available to them as sovereigns pursuant to Wyo. Stat. ' (a) and all other state law. Signatures By signing this Agreement, the parties certify that they have read and understand it, that they agree to be bound by the terms of the Agreement, and that they have the authority to sign the Agreement. BORROWER WYOMING BOARD OF LAND COMMISSIONERS, by and through the Office of State Lands and Investments Ryan M. Lance, Director State Trust Land Fossil Loan Agreement Page 2 of 2

6 WYOMING OFFICE OF STATE LANDS AND INVESTMENTS 122 West 25 th Street Cheyenne, WY Phone: Fax: MATTHEW H. MEAD Governor RYAN M. LANCE Director STATE TRUST LAND FOSSILS Donation Agreement Teaching Collection Materials Parties The parties to this Agreement are the Wyoming Board of Land Commissioners, by and through the Office of State Lands and Investments, 122 W 25 TH, 3W, Cheyenne, Wyoming (Donor)-, and the Recipient listed below: Name: Phone Number: DESCRIPTION OF SPECIMEN(S) (Specimen Number, Specimen Descriptions and Specimen Condition (prepared, unprepared, if broken include the number of pieces): Donor and Recipient hereby agree as follows: A. Donor, subject to paragraph G. below, conveys and assigns to the Recipient all of Donor s right, title and interest in the specimen(s) described below. B. Donor represents that the property was, to the best of Donor s knowledge, acquired legally and without encumbrance and that Donor has the proper legal authority to transfer ownership. C. Donor acknowledges that the specimen(s) donated is a donation to the Recipient and will be added to the Recipient s teaching collection. The Recipient will make the specimen(s) reasonably available to further the education of students, educators, visitors and research clients. D. The donated specimen(s) will be handled with the highest level of professional care, management and protection within reason by the Recipient(s). E. Recipient agrees to credit Donor for the contribution of donated specimen(s). F. Recipient will notify Donor in the event, through the preparation process of the specimen(s), the Recipient discovers a rare or unusual specimen(s) and will return, at no cost, the specimen(s) to the Donor. G. Prior written approval from the Donor is required prior to any change in custody of any donated specimen(s). General Provisions A. Amendments. Any changes, modifications, revisions or amendments to this Agreement which are mutually agreed upon by the parties shall be incorporated by written instrument, executed and signed by all parties to this Agreement. B. Entirety of Agreement. This Agreement, consisting of two (2) pages represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral. C. Notices. All notices arising out of, or from, the provisions of this Agreement shall be in writing and given to the parties at the address provided under this Agreement, either by regular mail, facsimile or delivery in person. D. Sovereign Immunity. The State of Wyoming and the Board of Land Commissioners do not waive sovereign immunity by entering into this Agreement and specifically retain immunity and all defenses available to them as sovereigns pursuant to Wyo. Stat. ' (a) and all other state law. EFFECTIVELY MANAGING NATURAL RESOURCES AND FUNDS FOR CURRENT AND FUTURE GENERATIONS

7 Signatures By signing this Agreement, the parties certify that they have read and understand it, that they agree to be bound by the terms of the Agreement, and that they have the authority to sign the Agreement. RECIPIENT WYOMING BOARD OF LAND COMMISSIONERS, by and through the Office of State Lands and Investments Ryan M. Lance, Director State Trust Land Fossil Agreement pg. 2