HB0090 • 2020

State lands-notice of lease sales.

AN ACT relating to mineral leases; requiring notice to private surface owners and private subsurface owners and mineral lessees of proposed lease sales involving state lands; requiring notice to subsurface owners and mineral lessees of proposed state land sales or trades; and providing for an effective date.

Energy Land Taxes

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Representative Roscoe
Last action: 2020-03-09
Official status: inactive
Effective date: 3/1/2020

Plain English Breakdown

The bill did not pass, so there are no details on enforcement or consequences of non-compliance.

State Lands - Notice for Lease Sales

The bill requires that private surface owners, subsurface owners, and mineral lessees receive notice at least 60 days before proposed lease sales or trades involving state lands.

What This Bill Does

Requires the board to give notice to private surface owners, subsurface owners, and mineral lessees about proposed lease sales on state lands.
Specifies that this notice must be given at least 60 days before any sale or trade of state land.

Who It Names or Affects

Private surface owners who have legal interest in the land surface where minerals will be leased.
Subsurface owners with recorded interests in mineral rights under a piece of land.
Mineral lessees entitled to extract or remove minerals from state lands.

Terms To Know

Surface owner: A person who legally owns the land surface where minerals are located.
Subsurface owner: A person with recorded legal interest in mineral rights under a piece of land.
Mineral lessee: An individual or company allowed to extract minerals from state lands through a lease agreement.

Limits and Unknowns

The bill did not pass and was not enacted into law.
It does not specify what happens if the notice is not given on time.
There are no details about how the board will enforce these requirements.

Amendments

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

HB0090H2001

2nd reading • Representative Miller

Adopted

Plain English: The amendment modifies a bill to require notices to private subsurface owners and mineral lessees about proposed lease sales and trades involving state lands.

Adds requirements for notifying private subsurface owners and mineral lessees of proposed lease sales and trades involving state lands.
Modifies existing references to 'owners' by adding 'private subsurface owners and mineral lessees'.
Inserts new provisions requiring a public hearing in the county where land is located if requested by county commissioners before any sale or trade of state lands can occur.

The amendment text does not specify all details about how notices will be provided, such as the method or content of the notice.

HB0090H3001

3rd reading • Representative Zwonitzer

Failed

Plain English: The amendment removes a previous amendment related to notice requirements for mineral leases involving state lands.

Removes the Miller, et al. second reading amendment (HB0090H2001/A) that was previously added.

The exact details of what was in the removed amendment are not provided here and would need to be referenced separately.

HB0090H3002

3rd reading • Representative Laursen

Withdrawn

Plain English: This amendment would require the state to give notice to private surface and subsurface owners, as well as mineral lessees, before leasing or selling state lands.

Adds a requirement for the state to notify private surface and subsurface landowners about proposed lease sales involving state-owned lands.
Requires notification of private mineral rights holders and lessees when there are plans to sell or trade state lands.

The amendment text does not specify how the notice should be given (e.g., by mail, email).
It is unclear what happens if a landowner does not receive the required notice.

HB0090HS001

Standing Committee • House Revenue Committee

Adopted

Plain English: The amendment changes how to identify private surface owners by using the most recent property tax assessment roll instead of previous language.

Removes the existing definition for identifying private surface owners after the word 'means'.
Adds new text that specifies private surface owners should be identified based on the record owner listed on the most recent property tax assessment roll.

The amendment does not provide details about what information is removed from lines 10 through 13, which limits a full understanding of the change without seeing the original text.

HB0090SS001

Standing Committee • Senate Agriculture, State and Public Lands & Water

Filed

Plain English: The amendment modifies a bill to remove references to mineral lessees and certain sections related to lease sales involving state lands.

Removes mention of 'mineral lessees' in the notice requirements for proposed lease sales involving state lands.
Deletes specific lines that refer to providing notices to subsurface owners and mineral lessees about proposed state land sales or trades.
Modifies a reference to legal sections, changing '36-1-117 and 36-6-101(b) are' to just '36-6-101(b) is'.
Adds new language requiring the board to provide notice of proposed lease sales or renewals to surface owners at least thirty days before the sale.

The amendment text does not fully explain all changes, leaving some details unclear.
Some deleted sections and pages do not have clear replacements provided in the summary.

Bill History

2020-03-09 Senate
S COW:S Did not consider for COW
2020-03-04 Senate
S Placed on General File
2020-03-04 Senate
S05 - Agriculture:Recommend Amend and Do Pass 5-0-0-0-0
2020-02-28 Senate
S Introduced and Referred to S05 - Agriculture
2020-02-28 Senate
S Received for Introduction
2020-02-27 House
H 3rd Reading:Passed 51-8-1-0-0
2020-02-26 House
H 3rd Reading:Laid Back
2020-02-25 House
H 2nd Reading:Passed
2020-02-24 House
H COW:Passed
2020-02-17 House
H Placed on General File
2020-02-17 House
H03 - Revenue:Recommend Amend and Do Pass 7-2-0-0-0
2020-02-11 House
H Introduced and Referred to H03 - Revenue 53-6-1-0-0
2020-02-07 House
H Received for Introduction
2020-02-03 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

20LSO-0184
2020
STATE OF WYOMING
20LSO-0184
ENGROSSED
3.0

HOUSE BILL NO. HB0090

State lands-notice of lease sales.

Sponsored by: Representative(s) Roscoe, Burkhart, Crank, Eyre, Hunt, Newsome, Paxton and Sommers and Senator(s) Baldwin, Boner, Moniz and Rothfuss

A BILL

for

AN ACT relating to mineral leases; requiring notice to private surface owners and private subsurface owners and mineral lessees of proposed lease sales involving state lands; requiring notice to subsurface owners and mineral lessees of proposed state land sales or trades; and providing for an effective date.

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

Section 1
.

W.S. 36
‑
1
‑
117 and 36
‑
6
‑
101(b) are amended to read:

36
‑
1
‑
117.

Sale or trade of state lands; hearing upon request of county commissioners; notice of proposed sale or trade.

(a)

No sale or trade of any state land including state land currently held by the state of Wyoming shall be made without a public hearing in the county in which the land is located if a hearing is requested by the county commissioners.

(b)

Notwithstanding subsection (a) of this section, the board or the director as established by rule of the board shall provide notice of any proposed sale or trade of state lands to each subsurface owner or mineral lessee not less than sixty (60) days before the sale or trade. As used in this subsection:

(i)

"Subsurface owner" means any private person holding any recorded legal or equitable interest in the title to the mineral rights underlying a land surface as filed of record with the county clerk of the county in which the land is located;

(ii)

"Mineral lessee" means any private person entitled under any type of mineral lease to extract or otherwise remove the minerals on state lands under the jurisdiction of the board.

36
‑
6
‑
101.

Terms of leases; extensions; rules and regulations; notice; rent and royalties; assignment of leases; grazing and agricultural leases; cooperation with United States or its lessees, in cooperative or unit plans.

(b)

The board is further authorized to make and establish rules and regulations governing the issuance of oil and gas, coal and other mineral leases and covering the conduct of development and mining operations.
The rules and regulations shall require the board or director to provide notice of any proposed lease sale or renewal thereof to each surface owner, subsurface owner or mineral lessee not less than sixty (60) days before the sale or renewal. As used in this subsection:

(i)

"Surface owner" means any private person holding any recorded legal or equitable interest in the title to the land surface on which the minerals will be
leased, as filed of record with the county clerk of the county in which the land is located;

(ii)

"Subsurface owner" means any private person holding any recorded legal or equitable interest in the title to the mineral rights underlying a land surface as filed of record with the county clerk of the county in which the land is located;

(iii)

"Mineral lessee" means any private person entitled under any type of mineral lease to extract or otherwise remove the minerals on state lands under the jurisdiction of the board.

Section 2
.

This act is effective July 1, 2020
.

(END)

1
HB0090