HB0021 • 2023

State lands-use of land qualification requirements.

AN ACT relating to state lands; requiring an applicant to have actual and necessary use of state lands to be qualified to lease state lands; making conforming amendments; and providing for an effective date.

Agriculture

Enacted

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

Sponsor: Agriculture
Last action: 2023-02-24
Official status: enrolled
Effective date: 7/1/2023

Plain English Breakdown

The candidate explanation included details that were not explicitly stated in the official source, such as changes to existing laws about leasing vacant lands.

State Lands Use Requirements

This law requires applicants to lease state lands for grazing and agricultural purposes to show they have actual and necessary use of the land.

What This Bill Does

Requires applicants to have an actual and necessary use of state lands when applying to lease them for grazing and agricultural purposes.

Who It Names or Affects

People who want to lease state lands for grazing or agricultural purposes.

Terms To Know

actual and necessary use: The requirement that an applicant must show they really need the land and will use it in a way that benefits agriculture.

Limits and Unknowns

This law only applies to leasing state lands for grazing and agricultural purposes.
It does not specify what happens if someone violates these requirements after getting a lease.
The effective date of this act is July 1, 2023.

Amendments

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

HB0021SS001

Standing Committee • Senate Agriculture, State and Public Lands & Water

Adopted

Plain English: The amendment changes the requirement for leasing state lands to specify that applicants must need the land for producing agricultural products rather than just for grazing animals.

Removes the phrase 'or forage' from the bill text, which allowed using state lands for grazing animals.
Adds a new requirement that applicants must have actual and necessary use of the land to produce agricultural commodities.

The amendment does not specify what types of agricultural commodities qualify under this new requirement.

Bill History

2023-02-24 LSO
Assigned Chapter Number 81
2023-02-24 Governor
Governor Signed HEA No. 0035
2023-02-22 Senate
S President Signed HEA No. 0035
2023-02-21 House
H Speaker Signed HEA No. 0035
2023-02-16 LSO
Assigned Number HEA No. 0035
2023-02-16 House
H Concur:Passed 61-1-0-0-0
2023-02-15 House
H Received for Concurrence
2023-02-15 Senate
S 3rd Reading:Passed 29-0-0-0-2
2023-02-14 Senate
S 2nd Reading:Passed
2023-02-13 Senate
S COW:Passed
2023-02-13 Senate
S Placed on General File
2023-02-13 Senate
S05 - Agriculture:Recommend Amend and Do Pass 5-0-0-0-0
2023-01-31 Senate
S Introduced and Referred to S05 - Agriculture
2023-01-26 Senate
S Received for Introduction
2023-01-26 House
H 3rd Reading:Passed 61-0-1-0-0
2023-01-25 House
H 2nd Reading:Passed
2023-01-24 House
H COW:Passed
2023-01-19 House
H Placed on General File
2023-01-19 House
H05 - Agriculture:Recommend Do Pass 9-0-0-0-0
2023-01-11 House
H Introduced and Referred to H05 - Agriculture
2023-01-06 House
H Received for Introduction
2022-12-06 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 23LSO-0205
Bill No.:

HB0021

Effective:

Immediately

LSO No.:

23LSO-0205

Enrolled Act No.:

HEA No. 0035

Chapter No.:

81

Prime Sponsor:

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

Catch Title:

State lands-use of land qualification requirements.

Subject:

Requires that any applicant to lease state lands must have an actual and necessary use for the land.

Summary/Major Elements:

This act specifies that no applicant to lease state lands for grazing and agricultural purposes shall be qualified unless the applicant has an actual and necessary use of the land to produce agricultural commodities.

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

23LSO-0205

ORIGINAL House

ENGROSSED
Bill No
.
HB0021

ENROLLED ACT NO. 35,

HOUSE OF REPRESENTATIVES

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

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

Section 1.

W.S. 36
‑
5
‑
105(b)(intro), (c)(intro) and by creating a new subsection (j) 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.

(b)

No applicant shall be qualified to lease vacant lands unless that applicant is qualified under the provisions of W.S. 36
‑
5
‑
101,
has actual and necessary use for the land,
has or can gain access to the land and offers to pay an annual rental at not less than fair market value, as determined by the economic analysis pursuant to W.S. 36
‑
5
‑
101(b), for the same or similar use of the land for a period of ten (10) years and who has not been found to have significantly violated any laws or regulations related to state lands. Also in leasing vacant lands:

(c)

An applicant who is the holder of an expiring lease, and has paid the rental when due, and has not violated the provisions of the lease, and is qualified under the provisions of W.S. 36
‑
5
‑
101, shall have a preferred right to renew such lease by meeting the highest bid offered by another qualified applicant
who has actual and necessary use for the land and available forage and
whose bid is not less than the minimum fair market value as determined by the board for the same or a similar use of land using the formula developed pursuant to W.S. 36
‑
5
‑
101(b) and not more than one hundred twenty percent (120%) of the maximum fair market value as determined by the board based on the previous year's values for the state, district or county, whichever is most localized and available, as determined by the national agricultural statistics service utilizing:

(j)

No applicant shall be qualified to lease state lands for grazing and agricultural purposes without having actual and necessary use of the land for the production of agricultural commodities.

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