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SF0007 • 2005

Abandoned mine reclamation program.

AN ACT relating to environmental quality; amending the lien amount for abandoned mine reclamation on private property for coal and noncoal reclamation projects; prohibiting the issuance of contracts as specified; and providing for an effective date.

Land
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Minerals
Last action
2005-02-26
Official status
enrolled
Effective date
7/1/2005

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SF0007HW001

Committee of the Whole • LOCKHART

Adopted

Plain English: Adopted Committee of the Whole by LOCKHART

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0007HS001

Standing Committee • H09

Adopted

Plain English: Adopted Standing Committee by H09

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0007S2001

2nd reading • HAWKS

Adopted

Plain English: Adopted 2nd reading by HAWKS

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.
SF0007SS001

Standing Committee • HAWKS

Adopted

Plain English: Adopted Standing Committee by HAWKS

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2005-02-26 LSO

    Assigned Chapter Number - 155

  2. 2005-02-26 Governor

    Governor Signed SEA0067

  3. 2005-02-25 House

    H Speaker Signed SEA No. 0067

  4. 2005-02-24 Senate

    S President Signed SEA No. 0067

  5. 2005-02-23 LSO

    Assigned Number SEA0067

  6. 2005-02-23 Senate

    S Did Concur

  7. 2005-02-23 House

    H Passed 3rd Reading

  8. 2005-02-22 House

    H Passed 2nd Reading

  9. 2005-02-18 House

    H Passed CoW

  10. 2005-02-18 House

    Amendment Adopted

  11. 2005-02-18 House

    Amendment Adopted

  12. 2005-02-18 House

    H Amendments Adopted

  13. 2005-02-16 House

    H Placed on General File

  14. 2005-02-16 House

    H09 Recommended Amend and Do Pass

  15. 2005-02-01 House

    H Introduced and Referred to H09

  16. 2005-01-19 House

    H Received for Introduction

  17. 2005-01-17 Senate

    S Passed 3rd Reading

  18. 2005-01-14 Senate

    S Passed 2nd Reading

  19. 2005-01-14 Senate

    Amendment Adopted

  20. 2005-01-13 Senate

    S Passed CoW

  21. 2005-01-13 Senate

    Amendment Adopted

  22. 2005-01-13 Senate

    S Amendments Adopted

  23. 2005-01-13 Senate

    S Placed on General File

  24. 2005-01-13 Senate

    S09 Recommended Amend and Do Pass

  25. 2005-01-11 Senate

    S Introduced and Referred to S09

  26. 2005-01-10 Senate

    S Received for Introduction

  27. 2004-11-23 LSO

    Bill Number Assigned

Official Summary Text

2005 General Session Summary for SF0007

Bill
No.:
SF0007
Drafter:

MRW

LSO
No.:
05LSO-0140
Effective Date:

7/1/2005

Enrolled
Act No.:
SEA0067

Chapter
No.:
155

Prime Sponsor:
Joint Minerals, Business and
Economic Development Interim Committee

Catch
Title:
Abandoned mine reclamation program.

Subject:
Amendments
to the abandoned mine reclamation program.

Summary/Major
Elements:

Deletes a limitation on liens filed under the abandoned mine reclamation
program by the department of environmental quality which was "not
exceeding the cost of reclamation of the work" on the private
property. The lien shall be the amount
determined to be the increase in the fair market value of the property as a
result of the reclamation work.

Adds "unresolved notice of violation" to the contractor
eligibility check done by the a
bandoned
mine reclamation program through the Office of Surface Mining, applicant
violator system.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0007

ENROLLED ACT NO. 67, SENATE

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to environmental quality; amending the lien amount for abandoned mine reclamation on private property for coal and noncoal reclamation projects; prohibiting the issuance of contracts as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 35
‑
11
‑
1206(a) and (b) and 35
‑
11
‑
1209(a)(intro) and by creating a new paragraph (vii) are amended to read:

35
‑
11
‑
1206.

Liens for reclamation on private lands.

(a)

Within six (6) months after the completion of projects to restore, reclaim, abate, control or prevent adverse effects of past coal or mineral mining practices on privately owned land, the director shall itemize the monies expended and may file a lien against the property with the appropriate county clerk. If the monies expended result in a significant increase in property value, a notarized appraisal by an independent appraiser shall be filed with the lien. The lien shall
not exceed the cost of the reclamation work or
be
the amount determined by the appraisal to be the increase in the fair market value of the land as a result of the restoration, reclamation, abatement, control or prevention of the adverse effects of past coal or mineral mining practices
.
, whichever is less.
No lien shall be filed under this section against the property of any person who owned the surface prior to May 2, 1977, and who neither consented to, participated in, nor exercised control over the mining operation which necessitated the reclamation project.

(b)

The landowner may petition the district court for the district in which the majority of the land is located within sixty (60) days of the filing of the lien to determine the increase in the fair market value of the land. The amount reported to be the increase in value of the premises
, but not exceeding the cost of the reclamation work,
shall constitute the amount of the lien and shall be recorded with the lien.

35
‑
11
‑
1209.

Contract eligibility.

(a)

The abandoned mine land division shall not issue a contract to any
construction
contractor
or professional services contractor if any surface coal mining and reclamation operation owned or controlled by the contractor, or by any person who owns or controls the contractor
if the United States department of interior, office of surface mining applicant violator system shows the contractor
has any:

(vii)

Unresolved notice of violation.

Section 2.

This act is effective July 1, 2005.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1