Property rights ombudsman.

2015
STATE OF WYOMING
15LSO-0055
Numbered
2.1

SENATE FILE

NO.

SF0068

Property rights ombudsman.

Sponsored by:
Senator(s) Hicks, Anderson, J.D. (SD02), Driskill and Emerich and Representative(s) Brown, Hunt, McKim, Sommers and Winters

A BILL

for

AN ACT relating to the office of state lands and investments; creating the office of private lands and energy ombudsman; providing duties for the office; providing rulemaking authority; authorizing a position; providing an appropriation; and providing for an effective date.

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

Section 1
.

W.S. 36
‑
3
‑
112 is created to read:

36
‑
3
‑
112
.

Office of private lands and energy ombudsman.

(a)

There is created within the office of state lands and investments the office of private lands and energy ombudsman. The position of the ombudsman shall be
employed
by the director as a
deputy director within the office of state lands and investments
in the same manner as provided in W.S. 36
‑
3
‑
111
and shall
report directly to the director.

(b)

The
office of private lands and energy
ombudsman shall:

(
i
)

Provide information to assist private land owners and
mineral or
energy companies
in
their efforts to comply with Wyoming laws and regulations as they relate to mineral or energy
access,
development or transmission on private lands. The information provided under this paragraph may include, without limitation, the following:

(A)

Split estate
s
;

(B)

Seismic activity;

(C)

Use of eminent domain;

(D)

Pipelines;

(E)

Energy transmission through utilities including pipelines and transmission lines;

(F)

Wind energy and transmission of wind energy;

(G)

Surface use agreements;

(H)

Rights of way;

(
J)

Mineral exploration and development;

(K)

Reclamation;

(M)

Petroleum spills and remediation.

(ii)

Maintain an up to date list of contacts within each state agency that has legal or regulatory authority over activities related to energy or mineral exploration, development or transmission on private lands;

(iii)

Develop written and electronic materials describing the legal responsibilities of
land owners and mineral or energy companies under the laws of this state;

(iv)

Maintain records of each request for assistance received by the
office of private lands and energy
ombudsman under this section including the nature of the request, the ass
istance provided and the outcome of the issue if applicable;

(v)

Direct parties to
dispute resolution processes including mediation, arbitration or the informal procedures for resolving disputes established pursuant to W.S. 11
‑
41
‑
101 et seq. upon
request
to the Wyoming agriculture and natural resource mediation board
when necessary
;

(vi)

Investigate
areas in dispute or where one
(1)
party is alleged to have not complied with state law and p
rovide written f
indings of fact to both parties;

(vii)

If federal rules and regulations apply, provide the landowners and mineral or energy companies with
the appropriate contact information for the agency having jurisdiction.

(c)

The board of land commissioners may adopt rules necessary to implement this section.

Section 2
.

W.S. 9
‑
2
‑
2015(c) is amended to read:

9
‑
2
‑
2015
.

Office of state lands and investments; director appointed; structure.

(c)

The office of state lands and investments shall consist of the office of the director and shall administer all programs of the board of land commissioners and state loan and investment board.

The office of state lands shall include the office of private lands and energy ombudsman.

Section 3
.

There is appropriated one hundred fifty thousand dollars ($150,000.00) from the general fund to the office of state lands for the purposes of this act. Funds appropriated under this section shall only be expended for the office of private lands and energy ombudsman.
The office of state lands is authorized one (1) permanent
full
‑
time employee for the office of private lands and energy ombudsman. The position shall be included in the office's 2017
‑
2018 standard biennial budget request.

Section
4
.

This
act is effective July 1,
2015
.

(END)

1
SF0068