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HB0010 • 2025

Limited mining operations-amendments.

AN ACT relating to environmental quality; amending requirements for the commencement of limited mining operations; amending bonding, notice and reporting requirements for limited mining operations; limiting overburden surface mining operations as specified; amending requirements for extending limited mining operations; amending bond release provisions for limited mining operations; authorizing rulemaking; and providing for effective dates.

Energy Land Technology Water
Did Not Pass

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

Sponsor
Minerals
Last action
2025-01-28
Official status
inactive
Effective date
3/1/2025

Plain English Breakdown

The bill did not pass in the session, so these changes are not currently law.

Changes to Limited Mining Operations

This act amends rules related to limited mining operations, including bonding requirements and water quality testing.

What This Bill Does

  • Amends the requirements for starting limited mining operations by adding new conditions such as water quality testing of nearby wells.
  • Increases bond amounts required before commencing mining operations based on when the operation starts (before or after July 1, 2025).
  • Limits how many similar mineral mines can operate within a six-mile radius and restricts extensions beyond five years unless specific conditions are met.
  • Requires operators to submit annual reports detailing their activities and plans for future operations.

Who It Names or Affects

  • Mining companies operating limited mining operations in Wyoming.
  • Surface owners near proposed mining sites who may be notified about nearby mining activities.
  • The Department of Environmental Quality and the Inspector of Mines within the Department of Workforce Services, which will oversee compliance with these rules.

Terms To Know

Limited Mining Operations
Mining activities for non-coal minerals on small plots of land (15 acres or less) that require specific permissions and follow certain environmental regulations.
Bonding Requirements
Financial guarantees provided by mining operators to ensure proper reclamation and restoration of mined lands after operations cease.

Limits and Unknowns

  • The bill did not pass in the session, so these changes are not currently law.
  • Some parts of the bill text are incomplete or truncated.

Amendments

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

HB0010HW001

Committee of the Whole • Representative Lawley

Corrected, Adopted

Plain English: The amendment adds a new requirement that before starting limited mining operations, operators must test the water quality of nearby domestic wells if the well owners give permission.

  • Before beginning limited mining activities, an operator now needs to get approval from domestic well owners to test their water quality within 300 feet of the proposed mining site.
  • The amendment does not specify what happens if a well owner refuses permission for testing.
  • It is unclear how this new requirement will be enforced or what consequences there are for non-compliance.
HB0010HS001

Standing Committee • House Minerals, Business and Economic Development

Adopted

Plain English: The amendment adds limestone to the list of materials that can be used for limited mining operations.

  • Adds limestone as a material allowed for use in limited mining operations.

Bill History

  1. 2025-01-28 House

    H COW:Failed 17-39-5-0-1

  2. 2025-01-22 House

    H Placed on General File

  3. 2025-01-22 House

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

  4. 2025-01-17 House

    H Introduced and Referred to H09 - Minerals

  5. 2025-01-02 House

    H Received for Introduction

  6. 2024-12-04 LSO

    Bill Number Assigned

Current Bill Text

Read the full stored bill text 
25LSO-0001
2025
STATE OF WYOMING
25LSO-0001
Numbered
2.0

HOUSE BILL NO. HB0010

Limited mining operations-amendments.

Sponsored by: Joint Minerals, Business & Economic Development Interim Committee

A BILL

for

AN ACT relating to environmental quality; amending requirements for the commencement of limited mining operations; amending bonding, notice and reporting requirements for limited mining operations; limiting overburden surface mining operations as specified; amending requirements for extending limited mining operations; amending bond release provisions for limited mining operations; authorizing rulemaking; and providing for effective dates.

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

Section 1
.

W.S. 35
‑
11
‑
401(e)(vi)(intro), (B) through (D), (F), by creating new subparagraphs (H) and (J), (j) and (k) by creating new paragraphs (viii) and (ix), 35
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11
‑
417(e) and 35
‑
11
‑
423(b) are amended to read:

35
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11
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401.

Compliance generally; exceptions.

(e)

The provisions of this article shall not apply to any of the following activities:

(vi)

Limited mining operations, whether commercial or noncommercial, for the removal of
sand, gravel, scoria, limestone, dolomite, shale, ballast or feldspar
any noncoal mineral, except minerals regulated by the United States nuclear regulatory commission and minerals regulated by the state under article 20 of this chapter,
from an area of fifteen (15) acres or less of affected land, excluding roads used to access the mining operation, if the operator has written permission for the operation from the owner and lessee, if any, of the surface. The operator shall notify the land quality division of the department of environmental quality and the inspector of mines within the department of workforce services of the location of the land to be mined and the postal address of the operator at least thirty (30) days before commencing operations. A copy of the notice shall also be mailed to all surface owners located within one (1) mile of the proposed boundary of the limited mining operation at least thirty (30) days before commencing operations. The operator shall notify the land quality division of the department of environmental quality of the date of commencement of limited mining operations within thirty (30) days of commencing operations. Limited mining operations authorized under this paragraph are subject to the following:

(B)

Before commencing any limited mining operations, the operator shall file a bond to insure reclamation in accordance with the purposes of this act
and the following:

(I)

For operations for the removal of sand, gravel, scoria, dolomite, shale, ballast or feldspar that commence operations:

(1) Before July 1, 2025, the operator shall file a bond
in the amount of two thousand dollars ($2,000.00) per acre
, except

of affected land, including roads used to access the mining operation;

(2) On and after July 1, 2025, the operator shall file a bond in the amount of five thousand dollars ($5,000.00) per acre of affected land, including roads used to access the mining operation.

(II)

F
or quarries
for which
commencing operations before July 1, 2025,
the bond amount shall not exceed three thousand dollars ($3,000.00) per acre of affected land
,
including roads used to access the mining operation
;
.

(III)

For quarries commencing operations on and after July 1, 2025, the bond amount shall not exceed seven thousand dollars ($7,000.00) per acre of affected land, including roads used to access the mining operation;

(IV)

For limited mining operations specified in subdivisions (I) through (III) of this subparagraph, the operator may file a full
‑
cost bond to insure reclamation in accordance with W.S. 35
‑
11
‑
417;

(V)

All other noncoal limited mining operations shall file a full
‑
cost bond to insure reclamation in accordance with W.S. 35
‑
11
‑
417;

(VI)

Within
ninety (90)
one hundred fifty (150)
days after limited mining operations commence, the administrator may require the operator to post an additional bond per acre of affected land if he determines that such amount is necessary to insure reclamation. The operator shall post the additional bond not later than
thirty (30)
forty
‑
five (45)
days after receipt of such notification
.
;

(C)

After the limited mining operations have ceased, the operator shall notify the administrator of
such
that
fact
in the operator's next annual report
and
commence
plan for commencement of
reclamation and restoration
within forty
‑
five (45) days and
in compliance with the rules and regulations of the land quality division of the department of environmental quality. The rules and regulations for reclamation shall at all times be reasonable;

(D)

Immediate reclamation
will
shall
not be required
for limited mining operations for the removal of any noncoal mineral, except minerals regulated by the United States nuclear regulatory commission and minerals regulated by the state under article 20 of this chapter,
if the landowner advises the department in writing of his intent to further utilize the product of the mine, and if he assumes the obligation of reclamation;

(F)

Limited mining operations may continue for not more than five (5) years from the date of commencing operations unless a notification to extend operations is submitted to the land quality division administrator. Operators shall submit a notification of extension for every subsequent five (5) year period with the annual report
required under subsection (k) of this section
;

(H)

For noncoal minerals authorized for limited mining operations under this paragraph, except for sand, gravel, scoria, limestone, dolomite, shale, ballast and feldspar, the limited mining operations shall be:

(I)

Only for purposes of proving or evaluating a mineral deposit for subsequent mining operations;

(II)

Conducted using only mechanical mining methods.

(J)

No operator commencing or engaging in limited mining operations under this paragraph shall:

(I)

Conduct more than one (1) limited mining operation within adjacent areas when the limited mining operations are to mine the same mineral; or

(II)

Conduct more than one (1) limited mining operation within any six (6) mile radius when the limited mining operations are to mine the same mineral. The administrator may allow two (2) limited mining operations for the same mineral within the six (6) mile radius if one (1) of the limited mining operations has completed all required reclamation work and the bond has been released.

(j)

The council, upon recommendation from the advisory board through the administrator and director, may modify or suspend certain requirements of W.S. 35
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11
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406(a), (b)(i) through (xx), (d), (f) and (g) by rules and regulations, for surface mining operations involving not more than thirty
‑
five thousand (35,000) yards of overburden, excluding topsoil, and ten (10) acres of affected land in any one (1) year, if the application requirements ensure reclamation in accordance with the purposes of this act. Roads used to access a mining operation permitted under this section shall be excluded from the annual ten (10) acres of affected land limit, but shall be included in the permit and bonded for reclamation liability.
Mining operations authorized and approved under this subsection before July 1, 2025 are authorized to continue operations, subject to any conditions imposed upon the approval and in compliance with the rules promulgated under this section. On and after July 1, 2025, no applications submitted for operations under this subsection shall be approved.

(k)

An operator conducting operations pursuant to W.S. 35
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11
‑
401(e)(vi) shall file an annual report with the administrator on or within thirty (30) days prior to the anniversary date of the commencement date of initial operation. The report shall contain:

(viii)

The number of yards or tons of mineral sold from the limited mining operations during the past year;

(ix)

If the operator is requesting a renewal to continue for up to an additional five (5) years, evidence that the limited mining operations will continue beyond the initial five (5) year period, which includes but is not limited to any of the following:

(A)

A mineral supply contract within the renewal period;

(B)

A government project that is scheduled to begin within the next renewal period;

(C)

A major industrial project that is scheduled to begin within the next renewal period;

(D)

Evidence that the operations are active and had commercial sales within the last annual reporting period;

(E)

Evidence that a valid surface and mineral owner consent, contract or lease extends through or beyond the five (5) year renewal term;

(F)

Evidence that the limited mining operations site is under reclamation;

(G)

Any other evidence specified by rule.

35
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11
‑
417.

Bonding provisions.

(e)

When the reclamation plan for any affected land has been completed, the administrator may recommend to the director the release of up to seventy
‑
five percent (75%) of the bond required for that affected land. The remaining portion of the bond shall be not less than ten thousand dollars ($10,000.00), and shall be held for a period of at least five (5) years after the date of reduction to assure proper revegetation and restoration of groundwater. The retained portion of the bond may be returned to the operator at an earlier date if a release signed by the surface owner and approved by the administrator and director is obtained.
For limited mining operations authorized under W.S. 35
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11
‑
401(e)(vi), the administrator may, after consultation with any affected surface owner, recommend to the director the release of the bond after two (2) successful growing seasons that establish permanent vegetative cover.

35
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11
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423.

Release of bonds.

(b)

The retained portion of the bond may be returned to the operator at an earlier date if a release signed by the surface owner and approved by the administrator is obtained.
For limited mining operations authorized under W.S. 35
‑
11
‑
401(e)(vi), the bond may, after consultation with any affected surface owner, be released after two (2) successful growing seasons that establish permanent vegetative cover.

Section 2
.

The environmental quality council, upon recommendation by the department of environmental quality, shall promulgate all rules necessary to implement this act.

Section 3.

(a)

Except as provided in subsection (b) of this section, 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.

(b)

Section 1 of this act is effective July 1, 2025.

(END)

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HB0010