State lands-grazing of non-owned livestock.

Plain English Breakdown

The official source material did not provide information about enforcement mechanisms or consequences for exceeding the livestock ratio limit.

State Lands Grazing Rules for Non-Owned Livestock

This law allows lessees of state lands to graze livestock they do not own on those lands, provided certain conditions are met.

What This Bill Does

• Allows lessees of state lands to graze non-owned livestock without needing permission from the director of the Office of State Lands and Investments.
• Requires that the ratio of owned to non-owned livestock does not exceed 1:1 for more than two years in a ten-year period.
• Requires lessees to provide documentation on grazing non-owned livestock to the Office of State Lands and Investments.
• Specifies that full management responsibility must be retained by the lessee, similar to owning the livestock themselves.
• Clarifies that using leased lands for this purpose is not considered a sublease.

Who It Names or Affects

• People who lease state lands for grazing purposes
• The Office of State Lands and Investments

Terms To Know

Lessee

A person or entity that leases land from another party.

Sublease

An agreement where a lessee rents out their leased property to someone else.

Limits and Unknowns

• The law does not specify what happens if the ratio of owned to non-owned livestock exceeds the allowed limit.
• It is unclear how the Office of State Lands and Investments will enforce compliance with documentation requirements.

Official Summary Text

Bill Summary - 23LSO-0204
Bill No.:

HB0017

Effective:

7/1/2023

LSO No.:

23LSO-0204

Enrolled Act No.:

HEA No. 0082

Chapter No.:

158

Prime Sponsor:

Joint Agriculture, State and Public Lands & Water Resources Interim Committee

Catch Title:

State lands-grazing of non-owned livestock.

Subject:

Provides a lessee of state lands the ability to graze livestock that the lessee does not own, but manages, on the leased land without the permission of the director of the Office of State Lands and Investments.

Summary/Major Elements:

This act allows a lessee of state lands for grazing and agricultural purposes to graze livestock that the lessee does not own on the leased lands.

The lessee is not required to obtain the approval of the director of the Office of State Lands and Investments to do so but must comply with the following requirements:
The ratio of owned to non-owned livestock must not exceed 1:1 for more than two years in a ten year period.
The lessee must provide documentation on the grazing of non-owned livestock to the Office of State Lands and Investments.
The lessee must retain full management responsibility of the non-owned livestock that the lessee grazes on the leased land.

This act provides that use of leased lands for this purpose is not considered a sublease.

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

23LSO-0204

ORIGINAL House

ENGROSSED
Bill No
.
HB0017

ENROLLED ACT NO. 82,

HOUSE OF REPRESENTATIVES

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

AN ACT relating to state lands; providing for lessees of state lands to graze livestock they do not own, but for which they retain management responsibility, on leased lands without obtaining permission from the director of the office of state lands and investments; and providing for an effective date.

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

Section 1.

W.S. 36
‑
5
‑
105(d) is amended to read:

36
‑
5
‑
105.

Criteria for leasing; preferences; assignments, subleases or contracts; lands taken for war purposes; mineral lands excepted; agricultural lands.

(d)

If the lessee of state lands shall assign, sublease or contract all or any part of the lease area, the lease shall be subject to cancellation unless
such assignment or sublease or contract is approved by
the director
,

approves the assignment, sublease or contract
subject to criteria established by the board of land commissioners
; however,

provided that:

(i)

no such
A
pproval shall
not
be arbitrarily or unreasonably withheld
;
and

(ii)

A
ll action upon each application
therefor,
shall
be such as will
inure to the greatest benefit
to the

of
state land trust beneficiaries
;
, provided, that

(iii)

I
n no event shall the lands be subleased unless one
‑
half (1/2) of the excess rental is paid to the state
;
.

(iv)

A lessee of state lands whose lease authorizes grazing on the state lands shall not be required to obtain the approval of the director to allow livestock the lessee does not own to graze on the state lands provided that:

(A)

The ratio of owned to non
‑
owned livestock grazed by the lessee does not exceed one to one (1:1) for more than two (2) years in any ten (10) year period;

(B)

The lessee provides documentation on the lessee's grazing of non
‑
owned livestock to the office of state lands and investments; and

(C)

The lessee retains full management responsibility of the livestock that grazes on the state lands.

(v)

Use of state lands as provided by paragraph (iv) of this subsection shall not be considered a sublease;

(vi)

For purposes of paragraph (iv) of this subsection, "full management responsibility" includes all duties, obligations and liabilities as if the livestock were owned by the lessee.
Section 2
.

This act is effective July 1, 2023
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1