Natural Resource Protection Act.

Plain English Breakdown

The candidate explanation included speculative elements about the Governor's authority to cancel agreements, which are not supported by the official source material.

Natural Resource Protection Act

This law allows the Governor to decide if certain federal rules about managing public land do not follow federal laws, and then stops state workers from using state money or resources to enforce those rules unless a court says otherwise.

What This Bill Does

• The act authorizes the Governor, with advice from the attorney general, to determine whether a federal executive order, final rule, or regulation does not comply with federal land management laws.
• Upon such determination and providing notice, state personnel and funds cannot be used to enforce or administer that federal directive unless a court determines it is unlawful.
• The Governor can make exceptions to preserve valid primacy agreements with federal agencies if the exception reduces adverse impacts on the state.

Who It Names or Affects

• State officials and employees
• Federal land management agencies

Terms To Know

Governor

The leader of a state who makes decisions about how the state is run.

Limits and Unknowns

• This law only applies to rules and regulations regarding federal land management.
• It does not prevent state officials from accepting federal funds for law enforcement purposes.

Official Summary Text

Bill Summary - 24LSO-0344

Bill No.:

HB0036

Effective:

7/1/2024

LSO No.:

24LSO-0344

Enrolled Act No.:

HEA No. 0042

Chapter No.:

69

Prime Sponsor:

Select Federal Natural Resource Management Committee

Catch Title:

Natural Resource Protection Act.

Has Report:

No

Subject:

Natural Resource Protection Act.

Summary/Major Elements:

This act creates the Natural Resource Protection Act, which authorizes the Governor, with advice from the attorney general, to determine that a federal executive order, final rule or regulation does not comply with federal land management laws.

Upon the determination by the Governor, this act prohibits the state from using any personnel or funds appropriated by the legislature or any other source of funds that originate within the state to enforce or administer that federal executive order, final rule or regulation.

This act authorizes the Governor to make exceptions to the implementation of this act to preserve any valid primacy agreement with a federal agency if the Governor believes the net effect of this exception is to reduce the adverse impact of federal regulations on the state.

This act prohibits the Governor from revoking a valid primacy agreement with a federal agency over the regulation and enforcement of a federal law or program until a court of competent jurisdiction determines the federal executive order, final rule or regulation is unlawful.

This act shall not limit or restrict a public officer from providing assistance to federal authorities for purposes not specifically identified in this act and shall not be construed to prohibit any governmental entity from accepting federal funds for law enforcement purposes.

Comments:

This act may be cited as the "Natural Resource Protection Act."

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

24LSO-0344

ORIGINAL House

ENGROSSED
Bill No
.
HB0036

ENROLLED ACT NO. 42,

HOUSE OF REPRESENTATIVES

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2024 Budget Session

AN ACT relating to protection of constitutional rights; providing a declaration of authority and policy; prohibiting the enforcement of federal rules or regulations regarding federal land management as specified; providing an exception; and providing for an effective date.

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

Section 1
.

W.S. 9
‑
14
‑
301 through 9
‑
14
‑
303 are created to read:

ARTICLE 3
NATURAL RESOURCE PROTECTION ACT

9
‑
14
‑
301.

Short title.

This article shall be known and may be cited as the "Natural Resource Protection Act."

9
‑
14
‑
302.

Declaration of authority and policy.

(a)

The Natural Resource Protection Act is enacted under the authority of the tenth amendment to the United States constitution and Wyoming's agreement with the United States that the state adopted when it joined the union under the United States constitution's system of dual sovereignty.

(b)

The legislature finds and declares:

(i)

The federal government shall comply with federal law when administering federal lands;

(ii)

The federal government arbitrarily restricting significant amounts of federal lands from public use is contrary to managing federal land under principles of multiple use and sustained yield;

(iii)

Any failure by the federal government to abide by the law undermines the rule of law that is vital to our system of government.

9
‑
14
‑
303.

Prohibiting the use of state resources for enforcement of federal regulations regarding federal land management.

(a)

Upon a determination by the governor, with advice from the attorney general, that an executive order, final rule or regulation of the federal government does not comply with federal laws regarding federal land management and upon providing notice, this state and all political subdivisions of this state shall not use any personnel, funds appropriated by the legislature or any other source of funds that originate within the state of Wyoming to enforce or administer that federal executive order, final rule or regulation. The governor may make exceptions to the implementation of this subsection to preserve any valid primacy agreement with a federal agency if the governor believes the net effect of this exception is to reduce the adverse impact of federal regulations on this state. The governor shall not revoke a valid primacy agreement with a federal agency over the regulation and enforcement of a federal law or program until a court of competent jurisdiction determines the federal executive order, final rule or regulation is unlawful.

(b)

Nothing in this act shall limit or restrict a public officer, as defined by W.S. 6
‑
5
‑
101(a)(v), from providing assistance to federal authorities for purposes not specifically identified in subsection (a) of this section. Nothing in this act shall be construed to prohibit any governmental entity from accepting federal funds for law enforcement purposes.

Section 2
.

This act is effective July 1, 2024
.

(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