Transfer of federal lands.

21LSO-0569
2021
STATE OF WYOMING
21LSO-0569
Numbered
2.0

HOUSE BILL NO. HB0141

Transfer of federal lands.

Sponsored by: Representative(s) Wharff, Baker, Eklund and Laursen

A BILL

for

AN ACT relating to public lands; requiring transfer of public lands; specifying distribution of proceeds from sale of public lands; creating a joint select committee on the transfer of public lands; providing duties of the committee; providing definitions; providing legislative findings; 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
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12
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201 and 36
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12
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202 are created to read:

ARTICLE 2
TRANSFER OF FEDERAL PUBLIC LANDS

36
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12
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201.

Definitions.

(a)

As used in this article:

(i)

"Governmental entity" means any federal, state, local or other governmental unit, subdivision, agency, department or instrumentality thereof;

(ii)

"Net proceeds" means the proceeds from the sale of public lands, after subtracting expenses incident to the sale of the public lands;

(iii)

"Public lands" means lands within the exterior boundaries of Wyoming, except:

(A)

Lands to which title is held by a person who is not a governmental entity;

(B)

Lands owned or held in trust by the state, a political subdivision of the state or an independent entity;

(C)

Lands reserved for use by the state system of public education or a state institution of higher education;

(D)

School and institutional trust lands;

(E)

The following national parks and other areas:

(I)

Yellowstone National Park;

(II)

Grand Teton National Park;

(III)

John D. Rockefeller, Jr. Memorial Parkway;

(IV)

Bighorn Canyon National Recreation Area;

(V)

Devils Tower National Monument;

(VI)

Fort Laramie National Historic Site; and

(VII)

Fossil Butte National Monument.

(F)

Any other lands within the exterior boundaries of Wyoming as of January 1, 2021, that are managed by the United States as a national park, designated national monument or wilderness area designated under the national wilderness preservation system;

(G)

Real property or tangible personal property owned by the United States if the property is within the boundaries of a municipality;

(H)

Any lands managed or owned by any branch of the United States military or the United States department of energy; or

(J)

Lands, including water rights, belonging to an Indian or Indian tribe, band or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States.

36
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12
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202.

Transfer of public lands.

(a)

On or before December 31, 2023, the United States shall:

(i)

Extinguish title to all public lands; and

(ii)

Transfer title to public lands to the state of Wyoming.

(b)

If the state subsequently transfers title to any public lands received under subsection (a) of this section, the state shall:

(i)

Retain five percent (5%) of the net proceeds the state receives from the transfer of title; and

(ii)

Transfer ninety
‑
five percent (95%) of the net proceeds the state receives from the transfer of title to the United States.

(c)

In accordance with the Wyoming state constitution, the amount the state retains in accordance with paragraph (b)(i) of this section shall be deposited into the permanent common school account within the permanent land fund.

Section 2
.

(a)

There is created a joint select committee on the transfer of public lands, with members as follows:

(i)

The speaker of the house of representatives shall appoint not more than three (3) members from the majority party and not less than one (1) member from the minority party of the house of representatives; and

(ii)

The president of the senate shall appoint not more than three (3) members from the majority party and not less than one (1) member from the minority party of the senate.

(b)

The committee shall choose its chair or cochairs from among its membership.

(c)

The committee shall, with guidance from other interested parties and stakeholders, prepare proposed legislation:

(i)

Creating a public lands commission assigned to:

(A)

Administer the transfer of title of public lands to the state under W.S. 36
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12
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202; and

(B)

Address the management of public lands and the management of multiple uses of public lands including recognizing all existing rights to use of the public lands.

(ii)

Establishing actions that shall be taken to secure, preserve and protect the state's rights and benefits related to the United States' duty to have extinguished title to public lands under W.S. 36
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12
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202 in the event that the United States does not meet the requirements of W.S. 36
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12
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202;

(iii)

Recommending any necessary modifications to the definition of "public lands" as provided in W.S. 36
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12
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201(a)(iii);

(iv)

Making a determination of, or creating a process for determining, interests, rights or uses related to:

(A)

Easements;

(B)

Geothermal resources;

(C)

Grazing;

(D)

Mining;

(E)

Natural gas;

(F)

Oil and other fossil fuels;

(G)

Recreation;

(H)

Rights of entry;

(J)

Special uses;

(K)

Timber;

(M)

Water;

(N)

Hunting and fishing; or

(O)

Other natural resources or other resources.

(v)

Determining what constitutes "expenses incident to the sale of public lands" as provided in the definition of "net proceeds" under W.S. 36
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12
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201(a)(ii).

(d)

The joint select committee on the transfer of public lands shall also study and determine whether to prepare proposed legislation related to:

(i)

Establishing an administrative process for:

(A)

The United States to extinguish title to public lands;

(B)

The state to receive title to public lands from the United States; or

(C)

The state to transfer title to any public lands the state receives in accordance with W.S. 36
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12
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202.

(ii)

Establishing a prioritized list of management actions for the state and the political subdivisions of the state to perform on public lands:

(A)

Before and after the United States extinguishes title to public lands under W.S. 36
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12
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202; and

(B)

To preserve and promote the state's interest in:

(I)

Protecting public health and safety;

(II)

Preventing catastrophic wildfire and forest insect infestation;

(III)

Preserving watersheds;

(IV)

Preserving and enhancing energy and the production of minerals;

(V)

Preserving and improving range conditions;

(VI)

Increasing plant diversity and reducing invasive weeds on range and woodland portions of the public lands; and

(VII)

Providing for no net loss of public access for hunting and fishing and other outdoor recreational purposes.

(iii)

Establishing procedures and requirements for subjecting public lands to property taxation;

(iv)

Establishing other requirements related to national forests, national recreation areas or other public lands administered by the United States; and

(v)

Addressing the indemnification of a political subdivision of the state for actions taken in furtherance of W.S. 36
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12
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202.

(e)

The joint select committee on the transfer of public lands also may study any other issue related to public lands as recommended by the governor.

(f)

The joint select committee on the transfer of public lands shall:

(i)

Make preliminary reports on the study and preparation of proposed legislation required under this section to the legislature by June 30, 2022 and by October 31, 2022; and

(ii)

Deliver a final report containing findings, recommendations and proposed legislation to the legislature not later than January 2, 2023.

(g)

The select committee shall be staffed by the legislative service office. The office of state lands and investments and the attorney general shall serve in an advisory capacity to the task force and shall provide technical and other relevant information as requested.

(h)

Members of the joint select committee on the transfer of public lands shall be paid salary, per diem and mileage as provided in W.S. 28
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5
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101 for their official duties as members of the select committee.

Section 3.

(a)

The legislature finds that federal funding and the resulting capacity for responsible management of federal public lands are in serious jeopardy while critical threats such as beetle kills, invasive species, watershed degradation, access restrictions and catastrophic wildfires continue to escalate.

(b)

The legislature further finds that the enabling act creating the state of Wyoming includes specific provisions for the disposal of public lands and guarantees admittance into the union on equal footing with all other states. Wyoming, like other western states, has not received the full benefit of the provisions of the enabling act, related to the disposal of lands from the federal government. More specifically, section 7 of the act of
admission requires "Five percent of the proceeds of the sales of public lands lying within said state which shall be sold by the United States subsequent to the admission of said state into the union, after deducting all the expenses incident to the same, shall be paid to the state, to be used as a permanent fund, the interest of which only shall be expended in support of the common schools within said state."

Section 4.

There is appropriated twenty
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five thousand dollars ($25,000.00) from the general fund to the legislative service office. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2023. This appropriation shall only be expended for payment of salary, per diem and mileage for select committee members.

Section 5.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0141