Filing of mineral exploration documents.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0205

HOUSE BILL
NO.
HB0171

Filing of mineral exploration documents.

Sponsored by:

Representative(s) Miller, Cohee, Gingery, Harshman and Jorgensen and Senator(s) Bebout and Ross

A BILL

for

AN ACT relating to
minerals; requiring documents related to mineral exploration be reported to the Wyoming geological survey board as specified; providing for the collection and confidentiality of documents as specified; providing penalties for violations of reporting requirements; specifying application;
and providing for an effective date.

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

Section 1.

W.S. 9
‑
2
‑
807(e) by creating a new paragraph (iii), 16
‑
4
‑
203(d)(xii)
,
(xiii) and by creating a new paragraph (xiv) and 35
‑
11
‑
404 by creating new subsections (o) and (p) are amended to read:

9
‑
2
‑
807.

Geological survey board; created; membership; term; qualifications; removal; vacancies; election of officers; meetings; quorum; compensation; expenses; duties.

(e)

The board shall:

(iii)

Collect and preserve all logs, surveys, assays and other documents filed under W.S. 35
‑
11
‑
404(o). All documents
collect
ed under this paragraph shall be held confidential for a period of three (3) years after initial receipt by the state geologist and confidentiality may be extended in one (1) year increments upon
notification to
the state geologist
by electronic mail, telephone or written request
, from the person or legal entity who filed the documents requesting that confidentiality be extended.

If an extension request has been received, an extension shall be granted for one (1) year.
If no
extension
request has been received by the state geologist by the end of the confidential period
, the state geologist shall mail by certified mail, return receipt requested,
to the address of record,
a notice of the date of
the confidentiality
expiration to the person or legal entity who filed the documents.
If there is no reply within thirty (30) days of receipt of the notice or if t
he
re is a
return of a notice sent pursuant to this paragraph or
any communication
by the postal service
that the notice i
s
undeliverable, that
shall be evidence that the person or legal entity does not wish to extend the period of confidentiality
and the confidential period shall expire
.

A
ll logs, surveys, assays and other documents shall become the property of the state to be retained within the permanent files of the
Wyoming
geological survey board for the use of the staff and public after the confidentiality
period
has expired.

16
‑
4
‑
203.

Right of inspection; grounds for denial; access of news media; order permitting or restricting disclosure; exceptions.

(d)

The custodian shall deny the right of inspection of the following records, unless otherwise provided by law:

(xii)

Information regarding the design, elements and components, and location of state information technology security systems and physical security systems;
and

(xiii)

Records or information relating to individual diagnoses of contagious, infectious, communicable, toxic and genetic diseases maintained or collected by the Wyoming state veterinary laboratory as provided in W.S. 21
‑
17
‑
308(e)
;
.

and

(xiv)

Documents filed with the geological survey board at the office of the state geologist subject to the provisions of W.S. 9
‑
2
‑
807(e)(iii).

35
‑
11
‑
404.

Drill holes to be capped, sealed or plugged.

(o)

A person who has sunk a drill hole pursuant to subsection (a) of this section shall file with the geological survey board at the office of the state geologist all logs, surveys, assays or other factual documents relating to exploration within ninety (90) days from the date the exploration is completed. The requirements of this subsection shall not apply to drilling done pursuant to an active mine permit filed with the
Wyoming
department of environmental quality.

(p)

In addition to the penalties in subsection (k) of this section, the administrator of the land quality division may recommend to the director that a person who violates the provisions of subsection (o) of this section or who willfully and knowingly authorizes, orders or carries out a violation of subsection (o) of this section be denied any request for a drilling, exploration or mining permit until all documents required to be filed under subsection (o) of this section have been filed.
No bonds shall be released until the geologic information has been filed within the permanent files of the
Wyoming
geological survey board.

Section 2.

This act shall not apply retroactively to require filing
of
logs, surveys, assays or other documents relating to exploration commenced on or before the effective date of this act.

Section
3
.

This act is effective July 1, 2009.

(END)

1
HB0171