KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Wyoming

SF0004 • 2022

Fossils distinguished from minerals.

AN ACT relating to property and conveyances; distinguishing fossils and non-fossilized animal remains from minerals in estates; exempting fossils and non-fossilized animal remains from mining and mineral provisions; providing a definition; repealing a definition; specifying applicability; and providing for an effective date.

Land
Did Not Pass

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

Sponsor
Tribal Relations
Last action
2022-02-16
Official status
inactive
Effective date
3/1/2022

Plain English Breakdown

The official source material did not provide a definition for 'surface estate owner', which was included in the candidate explanation.

Fossils and Animal Remains Not Considered Minerals

This act distinguishes fossils and non-fossilized animal remains from minerals in property laws, exempting them from mining regulations.

What This Bill Does

  • Defines 'fossilized' as preserved by natural processes excluding human remains and funerary objects.
  • States that ownership of fossils and non-fossilized animal remains discovered below the surface is vested in the owner of the surface estate unless other rules apply.
  • Exempts fossils and non-fossilized animal remains from being considered minerals under property laws.

Who It Names or Affects

  • People who own land with fossils or animal remains on it
  • Mining companies that might extract fossils or animal remains

Terms To Know

Fossilized
Preserved by natural processes, excluding human remains and funerary objects.
Surface estate owner
The person who owns the land above ground and has rights to what is under it unless other rules apply.

Limits and Unknowns

  • This act did not pass, so its provisions are not currently in effect.
  • It does not specify how fossils or animal remains will be treated if they are found on federal land.

Bill History

  1. 2022-02-16 Senate

    S Failed Introduction 19-11-0-0-0

  2. 2022-01-19 Senate

    S Received for Introduction

  3. 2021-12-10 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
22LSO-0088
2022
STATE OF WYOMING
22LSO-0088
Numbered
2.0

SENATE FILE NO. SF0004

Fossils distinguished from minerals.

Sponsored by: Select Committee on Tribal Relations

A BILL

for

AN ACT relating to property and conveyances; distinguishing fossils and non-fossilized animal remains from minerals in estates; exempting fossils and non-fossilized animal remains from mining and mineral provisions; providing a definition; repealing a definition; specifying applicability; and providing for an effective date.

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

Section 1.

W.S. 30
‑
1
‑
134 is created to read:

30
‑
1
‑
134.

Fossils and non
‑
fossilized animal remains exempted.

Fossils and non
‑
fossilized animal remains as provided by W.S. 34
‑
1
‑
157 are not minerals and are exempt from the
provisions of this title relating to ownership of the mineral estate.

Section 2.

W.S. 34
‑
1
‑
157(a), (b), (c) by creating a new paragraph (iii) and by creating new subsections (d) and (e) is amended to read:

34
‑
1
‑
157.

Fossils and non
‑
fossilized animal remains distinguished from minerals.

(a)

The ownership of
When used in any instrument,
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
and are exempt from the provisions of title 30 of the Wyoming statutes relating to ownership of the mineral estate as provided by W.S. 30-1-134
.

(c)

As used in this section:

(iii)

"Fossilized" means preserved by natural processes, excluding human remains and funerary objects as governed by W.S. 7
‑
4
‑
106, and including:

(A)

Burial in accumulated sediment;

(B)

Preservation in ice or amber;

(C)

Replacement by minerals or alteration by chemical processes such as permineralization in which minerals replace all or part of an organism's remains, which may or may not alter the original organic content.

(d)

This section applies prospectively and retroactively to instruments governed by Wyoming law to the maximum extent possible under the constitutions of the United States and the state of Wyoming.

Section 3.

W.S. 34
‑
1
‑
157(c)(ii) is repealed.

Section 4
.

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)

1
SF0004