Protecting Wyoming's land and water resources.

22LSO-0122
2022
STATE OF WYOMING
22LSO-0122
Numbered
2.0

HOUSE BILL NO. HB0139

Protecting Wyoming's land and water resources.

Sponsored by: Representative(s) Ottman, Bear, Blackburn, Duncan, Fortner, Haroldson, Heiner, Laursen, Neiman, Romero-Martinez, Washut and Williams and Senator(s) Driskill and Hutchings

A BILL

for

AN ACT relating to the administration of government; providing legislative findings; specifying duties and restrictions for state agencies and governmental entities in response to a federal executive order that requires conservation efforts by 2030; prohibiting the use of funding and resources as specified; and providing for an effective date.

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

Section 1.

(a)

The legislature finds that:

(i)

Wyoming has a long tradition of conserving its land and natural resources while responsibly promoting multiple uses of land, maintaining wildlife habitat and preserving resources;

(ii)

Wyoming's farmers and ranchers have consistently and dutifully cared and continue to care for the land and water in Wyoming, and are the original conservationists and good stewards of Wyoming's abundant resources;

(iii)

Wyoming has always held private property rights in the highest regard, including enshrining certain rights and protections for private property owners in article 1, sections 32, 33 and 39 of the Wyoming Constitution;

(iv)

The principles of private property ownership have been critical to the success of Wyoming's top industries, including agriculture and mining;

(v)

On January 27, 2021, President Joseph R. Biden, Jr. enacted Executive Order 14,008, entitled "Tackling the Climate Crisis at Home and Abroad";

(vi)

Section 216 of the executive order establishes a goal of "conserving at least 30 percent of our lands and waters by 2030";

(vii)

Achieving the goal of conserving thirty percent (30%) of the nation's land and water by 2030 would require conserving a land area several times larger than the size of Wyoming;

(viii)

The federal government's thirty percent (30%) conservation goal would interfere with the states' constitutional and traditional power over land and water uses;

(ix)

A federal conservation mandate of this magnitude has great potential to devastate Wyoming's economy and industries; and

(x)

The people of the state of Wyoming oppose federal overreach and believe that the state has the authority and duty to manage and maintain Wyoming's land and water resources and to ensure their productivity for years to come.

Section 2.

W.S. 9
‑
14
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104 is created to read:

9
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14
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104.

Limitations on efforts and the expenditure of public funds for federal conservation efforts.

(a)

As used in this section, "governmental entity" means the state of Wyoming, any state agency and any local governmental entity.

(b)

Each governmental entity in Wyoming shall take all reasonable steps necessary to resist and prevent the federal government's attempt to usurp the state of Wyoming's authority as the federal government attempts to implement section 216 of Executive Order 14,008.

(c)

The department of revenue shall:

(i)

Host not less than three (3) workshops to help county commissioners, assessors and treasurers understand the tax consequences of conservation easements and preservation easements;

(ii)

In consultation with each county assessor and the Wyoming wildlife and natural resource trust, work to identify existing conservation easements in Wyoming and maintain an inventory of conservation easements to assist county assessors in accurately determining land values for purposes of assessment and taxation.

(d)

The department of agriculture shall:

(i)

Develop and maintain on its website a list of local governmental entities that have passed resolutions opposing the goal expressed in section 216 of federal executive order 14,008 of conserving thirty percent (30%) of the nation's land and water resources;

(ii)

Develop and maintain on its website a list of local governmental entities that have passed resolutions supporting or otherwise voting to endorse the goal of conserving thirty percent (30%) of the nation's land and water resources;

(iii)

Coordinate with the United States department of agriculture to ensure that the United States department of agriculture is seeking the required local and state approvals for conservation easements related to the federal agriculture conservation easement program, the federal working lands for wildlife program, the federal wetlands reserve program and other federal programs that provide for or authorize conservation or preservation easements.

(e)

The director of the department of agriculture is hereby designated as Wyoming's state coordinator for the climate task force established in section 4 of the federal department of the interior secretarial order 3399, promulgated on April 16, 2021.

(f)

Except as otherwise provided in this section, no governmental entity shall use public funds or staff resources for projects that involve perpetual conservation easements. Nothing in this subsection shall:

(i)

Preclude any holder defined in W.S. 34
‑
1
‑
201(b)(ii)(B) from seeking or creating a conservation easement under the Uniform Conservation Easement Act;

(ii)

Preclude or prohibit the Wyoming wildlife and natural resource trust account board from entering into agreements for the creation of conservation easements in accordance with the Wyoming Wildlife and Natural Resource Funding Act.

(g)

Any state governmental entity shall seek the approval of the governor before using public funds or staff resources for projects involving a conservation easement with a specified term of years.

Section 3
.

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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HB0139