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Oklahoma Legislature· HB 3943Referred to Appropriations and Budget Natural Resources Subcommittee

An act relating to public lands, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                             STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3943               By: Kane

4

5

6                             AS INTRODUCED

7   An Act relating to public lands; amending 64 O.S.

    2021, Sections 1023, as amended by Section 1, Chapter

8   360, O.S.L. 2025, 1065, and 1067 (64 O.S. Supp. 2025,

    Section 1023), which relate to the administration of

9   leases by the Commissioners of the Land Office;

    authorizing hunting lease contracts; requiring

10  certain value; authorizing concurrent leases;

    requiring certain notices; clarifying certain rights

11  and liabilities associated with hunting lease

    contracts; and providing an effective date.

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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

15  SECTION 1.      AMENDATORY  64 O.S. 2021, Section 1023, as

16 amended by Section 1, Chapter 360, O.S.L. 2025 (64 O.S. Supp. 2025,

17 Section 1023), is amended to read as follows:

18  Section 1023. A. The Commissioners of the Land Office are

19 authorized to grant commercial leases and, agricultural, and hunting

20 leases in trust property.

21  Commercial leases shall not exceed fifty-five (55) years. The

22 granting of any commercial lease in excess of three (3) years shall

23 be by public bidding at not less than fair market value. All

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    Req. No. 14619                                               Page 1
1 commercial leases shall provide for fair market value throughout the

2 term of the lease.

3   Agricultural leases of trust property shall be limited to a

4 maximum of five (5) years and shall be by public bidding at not less

5 than fair market value.

6   Hunting leases of trust property shall be offered at not less

7 than fair market value as determined by the Commissioners. Hunting

8 leases may be offered on the same parcels as commercial and

9 agricultural leases; provided, notice of such hunting lease or

10 intent to lease is given prior to the commencement of such

11 commercial or agricultural lease.

12  The granting of any interest in trust property at less than fair

13 market value or not in compliance with this section is void.

14  Any permanent improvement made on commercial trust property from

15 and after July 1, 1989, shall revert to the trust at the end of the

16 lease.

17  B. In connection with any commercial and agricultural leases,

18 the Commissioners of the Land Office shall, unless otherwise

19 exempted by the Constitution or laws of this state:

20  1. Require payment of ad valorem property taxes on any

21 improvements and structures on state school land, which would

22 otherwise be subject to ad valorem property taxation if constructed

23 on privately owned land; and

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    Req. No. 14619                                                Page 2
1   2. Indemnify and hold harmless the Commissioners of the Land

2 Office from any financial obligation related to land, financing, or

3 operation; and

4   3. Provide to the lessee notice of any existing or potential

5 hunting lease contracts affecting such lease, along with a copy of

6 the terms and rights associated with such contract.

7   C. An appraiser selected by the Commissioners of the Land

8 Office shall appraise any improvements approved by the Commissioners

9 of the Land Office made to the property leased as an agricultural

10 lease by the current lessee that cannot be removed without manifest

11 injury to the land. When the Commissioners enter into a new lease

12 for the property, the lease shall require the new lessee to

13 reimburse the previous lessee for the appraised value of any

14 improvements made by the previous lessee by the date the new lessee

15 is permitted to take occupancy of the property. It shall be

16 considered a default of the lease of the property to the new lessee

17 if such reimbursement is not made. Provided, no fees may be charged

18 to a lessee above those included in the originally accepted bid to

19 irrigate land used for agricultural purposes if the water is not

20 sourced from lands owned or managed by the Commissioners.

21  D. The Commissioners of the Land Office may refuse to accept

22 any bid or lease on a commercial, agricultural, hunting, or mineral

23 lease where the party is in default of any installment due or in

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    Req. No. 14619                                               Page 3
1 violation of any provisions contained in a prior or current lease

2 contract.

3   E. The Commissioners of the Land Office may refuse to accept

4 any bid or lease contract where the interested party cannot show

5 adequate creditworthiness as determined by the Land Office.

6   F. The Commissioners of the Land Office shall promulgate rules

7 to implement the provisions of this section.

8   SECTION 2.      AMENDATORY  64 O.S. 2021, Section 1065, is

9 amended to read as follows:

10  Section 1065. Each agricultural, timber, grazing, hunting, or

11 other lease to any surface interest in land in which the deposits

12 are segregated, as provided in the preceding section Section 1064 of

13 this title shall reserve to the state, its lessees or grantees the

14 right to drill and operate oil and gas wells on such premises, and

15 the easement, use and right-of-way to enter upon and fully enjoy the

16 mining right reserved in this article.

17  SECTION 3.      AMENDATORY  64 O.S. 2021, Section 1067, is

18 amended to read as follows:

19  Section 1067. Any person, firm or corporation leasing under the

20 provisions of this article, and operating for oil and gas, shall be

21 liable to the surface owner, the lessee or purchaser, for all

22 damages or loss accruing to the surface interest in said land and to

23 all crops and improvements thereupon and appurtenances and

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    Req. No. 14619                                                Page 4
1 hereditaments thereunto belonging, whether said land be

2 agricultural, timber, grazing, hunting, or otherwise.

3   SECTION 4. This act shall become effective November 1, 2026.

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5   60-2-14619      JM  01/13/26

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    Req. No. 14619                                         Page 5
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