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SENATE FLOOR VERSION
March 3, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 753 By: Deevers
[ invasive woody species control - rates -
inspections - violations - resources - contests of
findings - promulgation of rules - codification -
effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-9-100 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the “Oklahoma
Invasive Woody Species Stewardship for State-Leased Lands Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-9-101 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. As used in this act:
1. “Invasive woody species” means a native or non-native tree
or shrub species that threatens and causes harm to the environment,
water resources, or economy. Invasive woody species include, but
are not limited to, Juniperus virginiana (Eastern Redcedar),
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Juniperus scopulorum (Rocky Mountain juniper), Juniperus monosperma
(oneseed juniper), and Tamarix ramosissima (salt cedar); and
2. “Lessee” means any individual, organization, or entity
leasing state-owned land.
B. Upon origination of a new lease or renewal of a lease on
state-owned property after the effective date of this act, a lessee
shall be required to:
1. Remove no less than eighty-five percent (85%) of invasive
woody species on the leased property, as follows:
a. twenty-five percent (25%) by the end of the first
year,
b. forty-five percent (45%) by the end of the second
year,
c. sixty-five percent (65%) by the end of the third year,
and
d. eight-five percent (85%) by the end of the fourth
year.
Provided, however, if the lessee renews for a subsequent lease
for the property, the lessee shall remove no less than ninety-five
percent (95%) by the end of the first year of his or her renewed
lease;
2. Submit a management plan to the Oklahoma Conservation
Commission and the Commissioners of the Land Office outlining the
strategy the lessee intends to employ for the removal and ongoing
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maintenance of invasive woody species on the property within ninety
(90) days of the origination date of the lease; and
3. Maintain the minimum removal requirement of invasive woody
species pursuant to paragraph 1 of this subsection throughout the
duration of the lease.
C. Lease rates shall be reduced to offset the documented costs
incurred by the requirements of this act. The reduction shall be
agreed upon between the lessee and the state upon approval and
review of anticipated costs prior to the origination of the lease.
A lessee may receive a credit against the lease imposed on the costs
incurred by the requirements of this act.
D. The Commissioners of the Land Office in coordination with
the Oklahoma Conservation Commission shall:
1. Provide the lessee with a description of the property with a
determination of growth by invasive woody species prior to
origination of the lease to assist with removal pursuant to
paragraph 1 of subsection B of this section;
2. Conduct annual inspections of leased lands to ensure
compliance with the management plan submitted by the lessee pursuant
to paragraph 2 of subsection B of this section. The lessee shall
make the leased property available for inspection upon notice from
the Commissioners of the Land Office; and
3. Provide an appraisal for all improvements associated with
the management plan pursuant to the provisions of Section 1062 of
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Title 64 of the Oklahoma Statutes. The appraisers as a part of
their appraisal shall determine the fair market rental value of the
land. For purposes of this section, “fair market rental value” is
the annual price in cash a willing but not obligated lessee would
pay, and a willing but not obligated lease holder would charge, for
the same or similar lands for the highest and best legal use of the
property, agricultural or commercial.
a. In determining the fair market rental value, the
appraisers shall consider the following:
(1) present land use,
(2) acres of land in cultivation, pasture, timber,
and nonproductive,
(3) soil types and productivity,
(4) availability of water,
(5) improvements made pursuant to this act,
(6) cash rental price of comparable agricultural
land, and
(7) effective cash return on the lease holder’s share
of crop rent from comparable agricultural land
for the five-year period preceding the appraisal.
b. The appraisers shall reconcile the variables to arrive
at their estimation of fair market rental value of the
land; provided, that they shall give weighted
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preference to comparable cash rentals charged on other
lands of the same or similar quality in the area.
Appraisals conducted pursuant to this paragraph shall not exceed
those rates associated with the Conservation Stewardship Program
implemented by the United States Natural Resources Conservation
Service.
E. 1. Upon a first violation of this section, the
Commissioners of the Land Office shall provide a written notice to
the lessee specifying the violations and providing the lessee ninety
(90) days after notice to correct the violation.
2. If the lessee fails to comply with the contents of the
written notice pursuant to paragraph 1 of this subsection, the
Commissioners of the Land Office shall:
a. terminate the lease agreement,
b. evict the lessee from the property, and
c. require the lessee to pay restitution for any costs
incurred by the state due to the lessee’s failure to
comply with the provisions of this act.
3. If any such costs associated with subparagraph c of
paragraph 2 of subsection E of this section are not paid within
ninety (90) days after being assessed by the state, the
Commissioners of the Land Office shall bring suit in district court
to recover any assessed payments.
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F. The Commissioners of the Land Office shall allow the lessee
to contest the findings of the notice upon written notice by the
lessee to the Commissioners of Land Office within (30) days of
receiving the notice of violation.
G. For lessees who lose property by bid during auction, the new
lessee shall reimburse the previous lessee for all remaining credit
assessed during the initial term of the lease for removal of
invasive woody species during the previous lease term.
H. No additional state resources shall be allocated for
invasive woody species management on leased lands beyond those
provided through routine inspections and administrative functions
pursuant to this act.
I. The Commissioners of the Land Office shall promulgate any
rules necessary to implement the provisions of this act.
SECTION 3. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND WILDLIFE
March 3, 2025 - DO PASS AS AMENDED BY CS