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SF 179

Sage grouse compensatory mitigation-amendments.

2025 Regular Session Introduced by Abby Angelos and 2 co-sponsors

Operators can perform and earn credits for on-site sage grouse mitigation under state oversight, with long-term responsibility and no eminent domain for mitigation.

Assigned Chapter Number 71
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Bill Summary · SF 179

Summary — SF 179: Sage grouse compensatory mitigation — amendments (Enrolled Act No. 38 / Chapter 71)

Status: Enacted — Chapter No. 71 (SEA No. 0038). Governor signed. Effective date: July 1, 2025.
Introduced: Feb 3, 2025. Sponsors: Senator Barlow; Representatives Angelos and Williams.

Purpose / Intent

The bill amends Wyoming’s compensatory mitigation framework for greater sage‑grouse by (1) authorizing and setting criteria for operator‑offered mitigation measures and restoration credits, (2) allowing operators to perform mitigation in lieu of (or in addition to) purchasing mitigation credits, and (3) prohibiting use of eminent domain to obtain land or rights for compensatory mitigation activities. It also requires the Board of Land Commissioners to adopt implementing rules.

Key provisions

  • Amends W.S. 9-19-203(b)(vi) and creates new subsections (f) and (g).
  • Rulemaking: The Board of Land Commissioners, after consultation with identified state agencies (Dept. of Agriculture; Dept. of Environmental Quality; Game & Fish; Oil & Gas Conservation Commission; Dept. of Transportation; Wyoming Wildlife & Natural Resource Trust Account Board), must adopt rules for a compensatory mitigation credit system and include criteria for evaluating ecological functions, services, and values.
  • Operator‑offered mitigation: Adds explicit authority and criteria allowing “operator‑offered measures” and operator‑offered restoration credits to be eligible mitigation under the statute (must follow criteria in new subsection (f)).
  • In‑lieu mitigation by operators (subsection f): An operator may carry out compensatory mitigation measures within a service area that includes the same or reasonably equivalent Wyoming properties where impacts occur and may receive mitigation credit from the Board of Land Commissioners for those measures.
    • The operator retains responsibility for the mitigation for the full duration of the expected impact.
    • The operator may not delegate that responsibility except to a mitigation credit provider approved by the Board.
  • Eminent domain prohibition (subsection g): No person shall have the right of eminent domain for compensatory mitigation activities specified in this act.
  • Implementation directive: The Board must promulgate all rules necessary to implement the statute.

Who is affected

  • Operators that cause impacts to greater sage‑grouse habitat (for example, energy, transportation, or other development proponents) — they may perform and receive credit for on‑the‑ground mitigation.
  • Board of Land Commissioners — responsible for rulemaking, credit approvals, and oversight of operator responsibility and delegation to approved mitigation credit providers.
  • Mitigation credit providers — may accept delegated responsibility only with Board approval.
  • Landowners and the public — protected from eminent‑domain takings for mitigation purposes; potential changes in where mitigation occurs (service areas).
  • State agencies involved in consultation and rule development.

Fiscal & procedural notes

  • Fiscal note: Wyoming Legislative Service Office reported the fiscal/personnel impact was not determinable due to insufficient time to complete the fiscal note.
  • Effective date: July 1, 2025.
  • The bill passed both chambers with overwhelming support (Senate 30‑0‑1 excused; House 61‑0‑1 excused) and was signed by the Governor.

Potential practical effects

  • Creates a pathway for operators to implement and be credited for direct mitigation (rather than only buying credits), while preserving state oversight through Board approval and rulemaking.
  • Reinforces long‑term operator responsibility for mitigation performance, limits third‑party delegation without approval, and prohibits using eminent domain to acquire mitigation lands or rights.

Compiled from official sources — confirm details with the bill’s official record.

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