ORIGINAL SENATE
FILE NO. SF0179
ENROLLED ACT NO. 38, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to sage grouse implementation and
mitigation credits; specifying that operator-offered
mitigation measures may be used and approved to address
impacts to greater sage-grouse habitat; specifying that
eminent domain shall not be used to provide for mitigation
activities; requiring rulemaking; and providing for an
effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 9-19-203(b)(vi) and by creating new
subsections (f) and (g) is amended to read:
9-19-203. Compensatory mitigation; guidelines.
(b) The board of land commissioners, after
consultation as appropriate with the department of
agriculture, the department of environmental quality, the
game and fish department, the oil and gas conservation
commission, the department of transportation and the
Wyoming wildlife and natural resource trust account board,
shall adopt rules for the establishment and administration
of a compensatory mitigation credit system for greater sage
grouse in Wyoming, including rules for evaluating
ecological functions, services and values. The rules shall
at a minimum provide for:
(vi) Criteria for other forms of mitigation,
including operator-offered measures and
restoration credits, in accordance with subsection (f) of
this section, and measures for reduced or eliminated take;
(f) In lieu of or in addition to the compensatory
mitigation credit system provided in this act, an operator
may perform compensatory mitigation measures in a service ORIGINAL SENATE
FILE NO. SF0179
ENROLLED ACT NO. 38, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2
area that includes the same or reasonably equivalent
properties in Wyoming to the lands where impacts occur and
receive credit from the board of land commissioners for
those measures. The operator shall retain responsibility
for the mitigation measures for the entire period of the
expected impact. The operator shall not delegate the
responsibility for the mitigation measures except to a
mitigation credit provider upon approval by the board of
land commissioners.
(g) No person shall have the right of eminent domain
for compensatory mitigation activities specified in this
act.
Section 2. The board of land commissioners shall
promulgate all rules necessary to implement this act. ORIGINAL SENATE
FILE NO. SF0179
ENROLLED ACT NO. 38, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3Section 3. This act is effective July 1, 2025.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk