Limited mining operations-bonding amendments.

25LSO-0200
2025
STATE OF WYOMING
25LSO-0200
Introduced
2.0

HOUSE BILL NO. HB0015

Limited mining operations-bonding amendments.

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

A BILL

for

AN ACT relating to environmental quality; amending bonding amounts and bond release requirements 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
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11
‑
401(e)(vi)(B), 35
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11
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417(e) and 35
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11
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423(b) are amended to read:

35
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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 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)

Except as otherwise provided in this subparagraph, for limited mining operations that commence 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;

(II)

Except as otherwise provided in this subparagraph, for limited mining operations that commence 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;

(III)

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
;
.

(IV)

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;

(V)

The operator may file a full
‑
cost bond to insure reclamation in accordance with W.S. 35
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11
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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
the
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
the
notification
.
;

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
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401(e)(vi), the administrator may, after consultation with all affected surface owners, 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
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11
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401(e)(vi), the bond may, after consultation with all affected surface owners, 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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HB0015