Back to Wyoming

HB0141 • 2024

State land oil and gas leases-operator requirement.

AN ACT relating to state lands; specifying evaluation and review requirements before issuance of oil and gas leases on state lands; requiring rulemaking; specifying applicability; and providing for an effective date.

Energy
Enacted

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

Sponsor
Representative Western
Last action
2024-03-08
Official status
enrolled
Effective date
3/8/2024

Plain English Breakdown

Checked against official source text during the last sync.

State Land Oil and Gas Leases - Operator Requirements

This law requires a review of oil and gas lease bidders on state lands to ensure they meet certain qualifications before issuing leases.

What This Bill Does

  • Requires the Director of State Lands to use criteria set by the Board of Land Commissioners to check if the highest bidder for an oil or gas lease is qualified.
  • If the top bidder isn't qualified, the second-highest bidder must be reviewed and considered for qualification.
  • Sets a civil penalty equal to the rejected bid amount for applicants who fail to meet qualifications.
  • Requires the Board of Land Commissioners to create rules defining 'qualified bidder' or 'qualified oil and gas applicant'.
  • Does not affect existing leases made before this law's effective date.

Who It Names or Affects

  • Applicants bidding on oil and gas leases for state lands.
  • The Director of State Lands and Investments.
  • The Board of Land Commissioners.

Terms To Know

Qualified bidder
An applicant who meets the criteria set by the Board of Land Commissioners to bid on oil and gas leases for state lands.
Civil penalty
A fine imposed on an individual or company that fails to meet certain legal requirements, in this case, not meeting qualifications for bidding on oil and gas leases.

Limits and Unknowns

  • The exact criteria for being a 'qualified bidder' are yet to be defined by the Board of Land Commissioners.
  • This law does not change any existing leases or lease agreements made before its effective date.

Bill History

  1. 2024-03-08 LSO

    Assigned Chapter Number 64

  2. 2024-03-08 Governor

    Governor Signed HEA No. 0034

  3. 2024-03-05 Senate

    S President Signed HEA No. 0034

  4. 2024-03-04 House

    H Speaker Signed HEA No. 0034

  5. 2024-03-04 LSO

    Assigned Number HEA No. 0034

  6. 2024-03-04 Senate

    S 3rd Reading:Passed 25-3-3-0-0

  7. 2024-03-01 Senate

    S 2nd Reading:Passed

  8. 2024-02-29 Senate

    S COW:Passed

  9. 2024-02-28 Senate

    S Placed on General File

  10. 2024-02-28 Senate

    S09 - Minerals:Recommend Do Pass 3-2-0-0-0

  11. 2024-02-23 Senate

    S Introduced and Referred to S09 - Minerals

  12. 2024-02-23 Senate

    S Received for Introduction

  13. 2024-02-23 House

    H 3rd Reading:Passed 61-1-0-0-0

  14. 2024-02-22 House

    H 2nd Reading:Passed

  15. 2024-02-21 House

    H COW:Passed

  16. 2024-02-19 House

    H Placed on General File

  17. 2024-02-19 House

    H09 - Minerals:Recommend Do Pass 8-0-1-0-0

  18. 2024-02-14 House

    H Introduced and Referred to H09 - Minerals 55-6-1-0-0

  19. 2024-02-12 House

    H Received for Introduction

  20. 2024-02-09 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 24LSO-0221

Bill No.:

HB0141

Effective:

Immediately

LSO No.:

24LSO-0221

Enrolled Act No.:

HEA No. 0034

Chapter No.:

64

Prime Sponsor:

Western

Catch Title:

State land oil and gas leases-operator requirement.

Has Report:

No

Subject:

Requiring review of oil-and-gas state land lease bidders for qualifications.

Summary/Major Elements:

This act requires the Director of the Office of State Lands and Investments to use criteria that the Board of Land Commissioners establish to review the highest bid for an oil-and-gas lease on state lands to ensure that the applicant is a qualified oil-and-gas lease applicant.

Under this act, if the highest bidder is not qualified, then the Board of Land Commissioners must consider the second highest bidder to determine whether that bidder is a qualified applicant. If the applicant is qualified, then the Board may issue the lease if the applicant agrees to lease the lands for the highest amount bid before the disqualified applicant entered the lease auction or process or for the amount that the bidder bid, whichever is lower.

Any applicant whose bid is rejected for failing to meet the specified qualifications is subject to a civil penalty in the amount of that applicant's highest bid. The attorney general may bring an action to recover the civil penalty from that bidder.

The act requires the Board of Land Commissioners to promulgate rules to implement the act, including promulgating rules to define "qualified bidder" or "qualified oil-and-gas applicant" for purposes of bidding on an oil-and-gas lease on state land.

Nothing in the act is to be construed to impair or amend any lease or lease agreement for oil-and-gas production on state lands before the effective date of this 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

Read the full stored bill text
24LSO-0221

ORIGINAL House

Bill No
.
HB0141

ENROLLED ACT NO. 34,

HOUSE OF REPRESENTATIVES

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

AN ACT relating to state lands; specifying evaluation and review requirements before issuance of oil and gas leases on state lands; requiring rulemaking; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 36
‑
6
‑
101 by creating a new subsection (p) is amended to read:

36
‑
6
‑
101.

Terms of leases; extensions; lessees specified; rules and regulations; rent and royalties; assignment of leases; grazing and agricultural leases; cooperation with United States or its lessees, in cooperative or unit plans.

(p)

Before issuing a lease of any state lands or state school lands for oil and gas production under this article, the director, subject to criteria established by the board, shall review the highest bid offered by an applicant to determine if the applicant is a qualified oil and gas lease applicant in accordance with rules of the board. If the highest bidder is not a qualified bidder, then the board shall consider the second highest bidder to determine whether that bidder is a qualified applicant, upon which the board may issue the lease if the applicant agrees to lease the lands for the highest amount bid before the disqualified applicant entered the lease auction or process or for the amount that the second highest bidder bid, whichever is lower. Any applicant whose bid is rejected under this subsection because the applicant is not a qualified oil and gas lease applicant shall be subject to a civil penalty in the amount of the applicant's highest bid. The attorney general may bring an action in a court of competent jurisdiction to recover the penalty specified in this subsection from the applicant.

Section 2.

The board of land commissioners shall promulgate all rules necessary to implement this act, including defining the term "qualified bidder" or "qualified oil and gas applicant" for purposes of bidding on oil and gas production leases on state land.

Section 3.

Nothing in this act shall be construed to alter, amend or impair any oil or gas lease for state lands or state school lands or lease assignment issued or made before the effective date of this act.

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)

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