SF0088 • 2021

Ownership of fossils and artifacts.

AN ACT relating to property and conveyances; specifying ownership of fossils, artifacts and non-fossilized animal remains discovered in split estates; and providing for an effective date.

Land

Enacted

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

Sponsor: Senator Kost
Last action: 2021-04-02
Official status: enrolled
Effective date: 7/1/2021

Plain English Breakdown

The summary provided does not specify if there are any exceptions beyond written agreements as mentioned in W.S. 7-4-106.

Ownership of Fossils and Artifacts

This law specifies that fossils, artifacts, and non-fossilized animal remains found under land belong to the surface owner unless there is a different agreement in writing.

What This Bill Does

Establishes that ownership of any fossil, artifact or non-fossilized animal remains discovered below the surface lands belongs to the surface estate owner, unless otherwise specified by W.S. 7-4-106.
Defines 'fossils' and 'artifacts'.
Clarifies that when discussing minerals under the ground, they do not include fossils, artifacts or non-fossilized animal remains.

Who It Names or Affects

People who own land with underground layers (split estates).

Terms To Know

Fossils: Any fossilized remains, traces or imprints of organisms preserved in the earth's crust that are of paleontological interest.
Artifacts: Material remains of past human life or activities that are of archaeological interest.

Limits and Unknowns

The law only applies to fossils, artifacts and non-fossilized animal remains found in split estates.
It does not change ownership if there is already a written agreement about who owns these items.

Amendments

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

SF0088H2001

2nd reading • Representative Haroldson

Failed

Plain English: The amendment removes a previous committee's changes to the bill about ownership of fossils and artifacts.

Removes all changes made by the Flitner, et al. committee regarding ownership of fossils, artifacts, and non-fossilized animal remains.

The amendment does not provide details on what specific changes were removed, only that they are deleted entirely.

SF0088H3001

3rd reading • Representative Haroldson

Adopted

Plain English: The amendment removes a previous committee's changes to the bill about ownership of fossils and artifacts.

Removes an earlier amendment made by the Flitner, et al. committee that was related to the original bill.

The exact details of what the removed amendment included are not provided in this text.

SF0088HW001

Committee of the Whole • Representative Flitner

Adopted

Plain English: The amendment changes the bill to focus on non-fossilized animal remains instead of artifacts.

Removes references to 'artifacts' and replaces them with 'non-fossilized animal remains'.
Modifies specific sections in the bill text to exclude 'artifacts' and include broader language like 'or any'.

The amendment does not provide additional details on how non-fossilized animal remains will be handled, only that artifacts are no longer included.

SF0088SW001

Committee of the Whole • Senator Kost

Corrected, Adopted

Plain English: The amendment to SF0088 removes certain conditions and language related to the ownership of fossils, artifacts, and non-fossilized animal remains found on split estates.

Removed the phrase 'conveyed by a' from line 1 on page 2.
Deleted the word 'or' from line 2 on page 2.
Eliminated the phrase 'unless the clear and' from line 4 on page 2.
Removed an entire sentence at line 5 on page 2.
Struck out the word 'otherwise,' from line 6 on page 2.

The amendment does not specify what was removed in lines 5 and 7, which may affect understanding of the full impact.

SF0088SS001

Standing Committee • Senate Travel, Recreation, Wildlife and Cultural R

Failed

Plain English: The amendment changes the depth limit for discovering fossils and artifacts from an unspecified amount to up to 100 feet below strata.

Adds a new clause that limits the discovery of fossils and artifacts to within 100 feet below strata.

The original bill's depth limit for discovering fossils and artifacts is not specified, so it's unclear what the exact change represents in terms of previous limitations.

Bill History

2021-04-02 LSO
Assigned Chapter Number 75
2021-04-02 Governor
Governor Signed SEA No. 0025
2021-03-30 House
H Speaker Signed SEA No. 0025
2021-03-30 Senate
S President Signed SEA No. 0025
2021-03-30 LSO
Assigned Number SEA No. 0025
2021-03-30 House
H 3rd Reading:Passed 50-8-2-0-0
2021-03-30 Senate
S Received for Concurrence
2021-03-29 House
H 3rd Reading:Passed 50-8-2-0-0
2021-03-26 House
H 2nd Reading:Passed
2021-03-25 House
H COW:Passed
2021-03-18 House
H Placed on General File
2021-03-18 House
H06 - Travel:Recommend Do Pass 9-0-0-0-0
2021-03-10 House
H Introduced and Referred to H06 - Travel
2021-03-04 House
H Received for Introduction
2021-03-03 Senate
S 3rd Reading:Passed 30-0-0-0-0
2021-03-02 Senate
S 2nd Reading:Passed
2021-03-01 Senate
S COW:Passed
2021-03-01 Senate
S Placed on General File
2021-03-01 Senate
S06 - Travel:Recommend Amend and Do Pass 5-0-0-0-0
2021-02-05 Senate
S Introduced and Referred to S06 - Travel
2021-02-05 Senate
S Received for Introduction
2021-02-05 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 21LSO-0075
Bill No.:

SF0088

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0075

Enrolled Act No.:

SEA No. 0025

Chapter No.:

75

Prime Sponsor:

Kost

Catch Title:

Ownership of fossils and artifacts.

Subject:

Specifies ownership of fossils and artifacts discovered in split estates.

Summary/Major Elements:

This act provides that the ownership of any fossil, nonfossilized animal remains or artifact discovered in a split estate belongs to the owner of the surface estate, unless otherwise conveyed by a clear and express grant.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

21LSO-0075

ORIGINAL Senate

File No
.
SF0088

ENROLLED ACT NO. 25,

SENATE

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to property and conveyances; specifying ownership of fossils, artifacts and non-fossilized animal remains discovered in split estates; and providing for an effective date.

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

Section 1.

W.S. 34
‑
1
‑
154 is created to read:

34
‑
1
‑
154.

Ownership of fossils and artifacts.

(a)

The ownership of any fossil, artifact or non-fossilized animal remains discovered in the strata below the surface lands and waters of the state is vested in the owner of the surface estate, unless otherwise governed by W.S. 7
‑
4
‑
106.

(b)

When used in any instrument, the term "minerals" does not include fossils, artifacts or non-fossilized animal remains.

(c)

As used in this section:

(i)

"Fossil" means any fossilized remains, traces or imprints of organisms, preserved in or on the earth's crust, that are of paleontological interest and that provide information about the history of life on earth, but does not include coal, oil, gas or other hydrocarbons;

(ii)

"Artifact" means any material remains of past human life or human activities that are of archaeological interest.

Section 2
.

This act shall apply to any existing or future transfer of ownership of the
strata below the surface lands and waters of the state
.

Section 3
.

This act is effective July 1, 2021
.

(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