[Congressional Record Volume 171, Number 34 (Thursday, February 20, 2025)]
[Senate]
[Pages S1129-S1135]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
______
By Mr. DURBIN (for himself and Mr. Marshall):
S. 652. A bill to provide for the regulation of certain
communications regarding prescription drugs; to the Committee on
Health, Education, Labor, and Pensions.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 652
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Patients from
Deceptive Drug Ads Act''.
SEC. 2. REGULATION OF CERTAIN COMMUNICATIONS REGARDING
PRESCRIPTION DRUGS.
(a) Regulation of Communications.--
(1) In general.--Section 303 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333) is amended by adding at the end
the following:
``(h)(1) In the case of a social media influencer or health
care provider who makes false or misleading communications
regarding a drug approved under section 505 or licensed under
section 351 of the Public Health Service Act, and subject to
section 503(b), or compounded in accordance with section 503A
or 503B, shall be liable to the United States for a civil
penalty in an amount described in paragraph (g)(1), in
accordance with a process similar to the process described in
paragraph (g)(2).
``(2) For purposes of this paragraph--
``(A) the term `false or misleading communications'--
``(i) means advertisements or promotional communications on
a social media platform from which there is a financial
benefit to the person engaging in such communications
regarding such drug--
``(I)(aa) that are made knowingly or recklessly; and
``(bb) contain a false or inaccurate statement or material
omission of fact regarding a drug described in subparagraph
(1); or
``(II) fail to include information in brief summary
relating to side effects, contraindications, and
effectiveness of the drug in the same manner and to the same
extent as such information is required in prescription drug
advertisements pursuant to section 502(n); and
``(ii) does not include--
``(I) statements that take place in the course of bona fide
patient care or medical research that are made by
professionals engaged in such patient care or medical
research; or
``(II) statements that describe the person's own
experience, opinion, or value judgment; and
``(B) the term `social media influencer' means a private
individual who has perceived credibility or popularity and
who expresses their opinions, beliefs, findings,
recommendations, or experience on social media platforms to
an audience, including in a manner conveying trust or
expertise on a topic, for the purpose to promoting or
advertising certain information or products or inducing
behavior by the audience.''.
(2) Guidance.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Health and Human
Services (referred to in this section as the ``Secretary'')
shall issue guidance on how the Secretary will administer
paragraph (h) of section 303 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 333), as added by paragraph (1),
including with respect to the factors that will
[[Page S1130]]
be considered in determining whether a communication is false
or misleading communication, as defined in such paragraph
(h), including--
(A) the various types of statements or omission of facts
regarding a prescription drug that would constitute false or
misleading, such as statements or omissions related to
safety, efficacy, approved or unapproved uses, directions for
use from the label approved by the Food and Drug
Administration, scientific information, or other similar
attributes;
(B) whether the inclusion of the information in brief
summary described in paragraph (h)(2)(A)(i)(III) of section
303 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
333), as added by paragraph (1), alone is sufficient in each
circumstance to avoid such a determination;
(C) actions taken by the social media influencer, health
care provider, or other person to demonstrate compliance with
such paragraph (h); and
(D) characteristics specific to various social media
platforms, and the speed of dissemination of the content on
such platform.
(3) Additional requirements for telehealth providers.--
(A) In general.--Section 502(n) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 352(n)) is amended by adding at
the end the following: ``For purposes of this paragraph,
`manufacturer, packer, or distributor' includes a person who
issues or causes to be issued an advertisement or other
descriptive printed matter with respect to a specific drug
subject to section 503(b)(1) or compounded in accordance with
section 503A or 503B, and who directly or indirectly offers
to bring together a potential patient and a prescriber or
dispenser through use of electronic information and
telecommunication technologies to engage in prescribing or
dispensing of any drug subject to section 503(b)(1). Nothing
in this paragraph shall apply to a private communication
between a practitioner licensed by law to prescribe or
dispense a prescription drug (or an individual under the
direct supervision of such a practitioner) and an individual
patient or their representative.''.
(B) Regulations.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall update the
regulations promulgated to carry out section 502(n) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352(n)) in
accordance with the amendments made by subparagraph (A).
(4) Rule of construction.--Nothing in this subsection,
including the amendments made by this subsection, precludes a
drug manufacturer from taking any corrective action to
mitigate the potential for patient harm from false or
misleading communications described in paragraph (h)(2)(A) of
section 303 of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 353), as added by paragraph (1).
(5) Effective date.--The amendments made by paragraphs (1)
and (3) shall take effect 180 days after the date on which
the regulations described in paragraph (3)(B) are finalized.
(b) Reporting Requirement.--
(1) In general.--Any payment described in paragraph (2)
with respect to the promotion of, or communications
regarding, a covered drug shall be treated as a payment from
an applicable manufacturer to a covered recipient for
purposes of section 1128G of the Social Security Act (42
U.S.C. 1320a-7h), and shall be reported to the Secretary of
Health and Human Services by the drug manufacturer or health
care provider making the payment and made publicly available
by the Secretary in accordance with such section 1128G.
(2) Payments described.--A payment described in this
paragraph is--
(A) a payment by a drug manufacturer to a health care
provider, including a telehealth company or other similar
entity, or social media influencer; or
(B) a payment by a health care provider, including a
telehealth provider or other similar entity, to a social
media influencer.
(3) Definitions.--In this subsection--
(A) the terms ``applicable manufacturer'' and ``covered
recipient'' have the meanings given such terms in section
1128G(e) of the Social Security Act (42 U.S.C. 1320a-7h); and
(B) the term ``covered drug'' means any drug, including a
biological product (as defined in section 351(i) of the
Public Health Service Act (42 U.S.C. 262(i))), for which
payment is available under title XVIII of the Social Security
Act (42 U.S.C. 1395 et seq.) or a State plan under title XIX
or XXI of such Act (42 U.S.C. 1396 et seq.; 42 U.S.C. 1397aa
et seq.) (or a waiver of such a plan).
(c) Market Surveillance of Prescription Drug Advertising or
Promotion.--
(1) In general.--The Secretary may conduct market
surveillance activities regarding any promotion of
prescription drugs on social media platforms. The activities
under this section may include--
(A) activities, carried out directly or by contract,
relating to--
(i) aggregating and analysis of public communications
(which may involve the use of artificial intelligence
applications), including to establish any relationship
between a manufacturer of a prescription drug and individuals
engaging in communications about such drug;
(ii) analytical tools to review submissions of promotional
communications;
(iii) engagement with representatives of social media
platforms on strategies and opportunities to address false or
misleading promotion of prescription drugs, including through
methods of technology or functionality to identify and assess
false or misleading communications; and
(iv) developing and disseminating public facing
communications and educational materials and programs for
prescription drug manufacturers, social media platforms, and
the public, which may include communications and educational
materials and programs regarding the Bad Ad program of the
Food and Drug Administration;
(B) hiring additional staff for the Office of Prescription
Drug Promotion of the Center for Drug Evaluation and Research
and the Advertising and Promotional Labeling Branch of the
Center for Biologics Evaluation and Research for the review
of advertising or promotion of prescription drugs on digital
platforms, such as social media, and such other purposes as
the Secretary determines appropriate; and
(C) establishing a task force, jointly with the Federal
Trade Commission, to coordinate and enhance communication
between the Federal Trade Commission and the Food and Drug
Administration related to monitoring of, and compliance
activities relating to, prescription drug advertising or
promotion.
(2) Rule of construction.--Nothing in paragraph (1) shall
be construed to affect the authority of the Secretary to
carry out activities described in such paragraph pursuant to
other provisions of law.
(3) FDA notice to manufacturers.--The Secretary may
establish a process for providing information to the holder
of an approved application of a prescription drug under
section 505 of this Act or section 351 of the Public Health
Service Act for the purpose of notifying such holder of
instances of communications by health care providers or
social media influencers that fail to include information in
brief summary relating to side effects, contraindications,
and effectiveness of the drug in the same manner and to the
same extent as such information is required in prescription
drug advertisements pursuant to section 502(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 352(n)).
(4) Reporting.--The Secretary shall--
(A) not later than 2 years after the date of enactment of
this Act, submit to Congress a report on the activities
carried out under this subsection;
(B) not later than 4 years after the date of enactment of
this Act, submit to Congress, and make publicly available, a
report on the activities carried out under this subsection;
and
(C) make publicly available on the website of the Food and
Drug Administration notice of all enforcement actions taken
under paragraph (h) of section 303 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333), as added by subsection (a).
(5) Authorization of appropriations.--To carry out this
subsection, there are authorized to be appropriated
$15,000,000 for each of fiscal years 2025 through 2029.
(d) Social Media Influencer.--In this section, the term
``social media influencer'' has the meaning given such term
in paragraph (h) of section 303 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 333), as added by subsection (a).
(e) Severability.--If any provision of this Act or of any
amendment made by this Act, or the application of such
provision or amendment to any person or circumstance, is held
to be invalid, the remainder of the provisions of this Act
and of the amendments made by this Act and the remainder of
the provisions of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 301 et seq.), and the application of any such
provision or amendment to other persons not similarly
situated or to other circumstances, shall not be affected.
______
By Mr. BARRASSO (for himself, Mrs. Capito, Mr. Hoeven, Mr.
Justice, Mr. Lee, Ms. Lummis, Mr. Wicker, and Mr. Hagerty):
S. 680. A bill to prohibit funding for the Montreal
Protocol on Substances that Deplete the Ozone Layer and the
United Nations Framework Convention on Climate Change until
China is no longer defined as a developing country; to the
Committee on Foreign Relations.
Mr. BARRASSO. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 680
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending China's Unfair
Advantage Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Foreign Affairs of the House of
Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
[[Page S1131]]
(2) Montreal protocol.--The term ``Montreal Protocol''
means the Montreal Protocol on Substances that Deplete the
Ozone Layer, done at Montreal September 16, 1987.
(3) United nations framework convention on climate
change.--The term ``United Nations Framework Convention on
Climate Change'' means the United Nations Framework
Convention on Climate Change, adopted in Rio de Janeiro,
Brazil in June 1992.
SEC. 3. PROHIBITION ON USE OF FUNDS FOR THE MONTREAL PROTOCOL
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
UNTIL CHINA IS NO LONGER DEFINED AS A
DEVELOPING COUNTRY.
Notwithstanding any other provision of law, no Federal
funds may be obligated or expended to implement the Montreal
Protocol, including its protocols and amendments, or any fund
established under the Protocol, until the President certifies
to the appropriate congressional committees that the Parties
to the Montreal Protocol have amended their Decision I/12E,
``Clarification of terms and definitions: developing
countries,'' made at the First Meeting of the Parties to
remove the People's Republic of China.
SEC. 4. PROHIBITION ON USE OF FUNDS FOR THE UNITED NATIONS
FRAMEWORK CONVENTION ON CLIMATE CHANGE UNTIL
CHINA IS INCLUDED AMONG THE COUNTRIES LISTED IN
ANNEX I OF THE CONVENTION.
Notwithstanding any other provision of law, no Federal
funds may be obligated or expended to fund the operations and
meetings of the United Nations Framework Convention on
Climate Change, including it protocols or agreements, or any
fund established under the Convention or its agreements,
until the President certifies to the appropriate
congressional committees that the Parties to the Framework
Convention have included the People's Republic of China in
Annex I of the Convention.
______
By Mr. BARRASSO (for himself and Ms. Lummis):
S. 681. A bill to redesignate land within certain wilderness study
areas in the State of Wyoming, and for other purposes; to the Committee
on Energy and Natural Resources.
Mr. BARRASSO. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 681
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wyoming Public Lands
Initiative Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Bureau.--The term ``Bureau'' means the Bureau of Land
Management.
(2) Range improvement.--The term ``range improvement'' has
the meaning given the term in section 3 of the Public
Rangelands Improvement Act of 1978 (43 U.S.C. 1902).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of Wyoming.
(5) Wilderness area.--The term ``wilderness area'' means a
wilderness area designated by section 3.
SEC. 3. DESIGNATION OF WILDERNESS AREAS.
In accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.), the following areas in the State are designated as
wilderness and as components of the National Wilderness
Preservation System:
(1) Encampment river canyon wilderness.--
(A) In general.--Certain Federal land administered by the
Bureau in the State, comprising approximately 4,523.84 acres,
as generally depicted on the map entitled ``Proposed
Encampment River Wilderness'' and dated December 5, 2023,
which shall be known as the ``Encampment River Canyon
Wilderness''.
(B) Excluded land.--The following land is not included in
the Encampment River Canyon Wilderness:
(i) Any land in the NW\1/4\NW\1/4\NW\1/4\ sec. 24, T. 14
N., R. 84 W.
(ii) Any land within 100 feet of the centerline of--
(I) County Road 353; or
(II) Water Valley Road.
(2) Prospect mountain wilderness.--
(A) In general.--Certain Federal land administered by the
Bureau in the State, comprising approximately 1,099.76 acres,
as generally depicted on the map entitled ``Proposed Prospect
Mountain Wilderness'' and dated December 8, 2023, which shall
be known as the ``Prospect Mountain Wilderness''.
(B) Excluded land.--Any land within 100 feet of the
centerline of Prospect Road is not included in the Prospect
Mountain Wilderness.
(3) Upper sweetwater canyon wilderness.--
(A) In general.--Certain Federal land administered by the
Bureau in the State, comprising approximately 2,877.35 acres,
as generally depicted on the map entitled ``Proposed Upper
Sweetwater Canyon Wilderness'' and dated December 6, 2023,
which shall be known as the ``Upper Sweetwater Canyon
Wilderness''.
(B) Boundary.--
(i) In general.--Except as provided in clause (ii), the
boundary of the Upper Sweetwater Canyon Wilderness shall
conform to the boundary of the Sweetwater Canyon Wilderness
Study Area.
(ii) Eastern boundary.--The eastern boundary of the Upper
Sweetwater Canyon Wilderness shall be 100 feet from the
western edge of the north-south road bisecting the Upper
Sweetwater Canyon Wilderness and the Lower Sweetwater Canyon
Wilderness, known as ``Strawberry Creek Road''.
(iii) Exclusion of existing roads.--Any established legal
route with authorized motorized use in existence on the date
of enactment of this Act that enters the Upper Sweetwater
Canyon Wilderness in T. 28 N., R. 98 W., sec. 4, or the Lower
Sweetwater Canyon Wilderness in T. 29 N., R. 97 W., sec. 33,
is not included in the Upper Sweetwater Canyon Wilderness.
(4) Lower sweetwater canyon wilderness.--
(A) In general.--Certain Federal land administered by the
Bureau in the State, comprising approximately 5,665.19 acres,
as generally depicted on the map entitled ``Lower Sweetwater
Canyon Wilderness'' and dated December 5, 2023, which shall
be known as the ``Lower Sweetwater Canyon Wilderness''.
(B) Boundary.--
(i) In general.--Except as provided in clause (ii), the
boundary of the Lower Sweetwater Canyon Wilderness shall
conform to the boundary of the Sweetwater Canyon Wilderness
Study Area.
(ii) Western boundary.--The western boundary of the Lower
Sweetwater Canyon Wilderness shall be 100 feet from the
eastern edge of the north-south road bisecting the Upper
Sweetwater Canyon Wilderness and the Lower Sweetwater Canyon
Wilderness, known as ``Strawberry Creek Road''.
(iii) Exclusion of existing roads.--Any established legal
route with authorized motorized use in existence on the date
of enactment of this Act that enters the Upper Sweetwater
Canyon Wilderness in T. 29 N., R. 98 W., sec. 4, or the Lower
Sweetwater Canyon Wilderness in T. 29 N., R. 97 W., sec. 33,
is not included in the Lower Sweetwater Canyon Wilderness.
(5) Bobcat draw wilderness.--Certain Federal land
administered by the Bureau in the State, comprising
approximately 6,246.84 acres, as generally depicted on the
map entitled ``Proposed Bobcat Draw Wilderness'' and dated
December 8, 2023, which shall be known as the ``Bobcat Draw
Wilderness''.
SEC. 4. ADMINISTRATION OF WILDERNESS AREAS.
(a) In General.--Subject to valid existing rights, the
Secretary shall administer the wilderness areas in accordance
with this section and the Wilderness Act (16 U.S.C. 1131 et
seq.), except that--
(1) any reference in that Act to the effective date of that
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may carry out any activities
in a wilderness area as are necessary for the control of
fire, insects, or disease in accordance with section 4(d)(1)
of the Wilderness Act (16 U.S.C. 1133(d)(1)).
(2) Coordination.--In carrying out paragraph (1), the
Secretary shall coordinate with--
(A) the Wyoming Forestry Division; and
(B) the applicable county in the State in which the
wilderness area is located.
(3) Fire management plan.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
establish a fire management plan for the wilderness areas--
(A) to ensure the timely and efficient control of fires,
diseases, and insects in the wilderness areas, in accordance
with section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)); and
(B) to provide, to the maximum extent practicable, adequate
protection from forest fires, disease outbreaks, and insect
infestations to any Federal, State, or private land adjacent
to the wilderness areas.
(c) Grazing.--The grazing of livestock in a wilderness
area, if established before the date of enactment of this
Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of House Report
101-405, accompanying H.R. 2570 of the 101st Congress, for
land under the jurisdiction of the Secretary of the Interior.
(d) Buffer Zones.--
(1) In general.--Nothing in this section establishes a
protective perimeter or buffer zone around a wilderness area.
(2) Outside activities or uses.--The fact that a
nonwilderness activity or use can be seen or heard from
within a wilderness area shall not preclude the activity or
use outside the boundary of the wilderness area.
SEC. 5. RELEASE OF WILDERNESS STUDY AREAS.
(a) Finding.--Congress finds that, for purposes of section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)), any portion of a wilderness study area
described in subsection (b) that is not designated as a
wilderness area by section 3 has been adequately studied for
wilderness designation.
(b) Description of Land.--The wilderness study areas
referred to in subsections (a) and (c) are the following:
[[Page S1132]]
(1) The Encampment River Canyon Wilderness Study Area.
(2) The Prospect Mountain Wilderness Study Area.
(3) The Bennett Mountains Wilderness Study Area.
(4) The Sweetwater Canyon Wilderness Study Area.
(5) The Lankin Dome Wilderness Study Area.
(6) The Split Rock Wilderness Study Area.
(7) The Savage Peak Wilderness Study Area.
(8) The Miller Springs Wilderness Study Area.
(9) The Dubois Badlands Wilderness Study Area.
(10) The Copper Mountain Wilderness Study Area.
(11) The Whiskey Mountain Wilderness Study Area.
(12) The Fortification Creek Wilderness Study Area.
(13) The Gardner Mountain Wilderness Study Area.
(14) The North Fork Wilderness Study Area.
(15) The portion of the Bobcat Draw Wilderness Study Area
located in Washakie County, Wyoming.
(16) The Cedar Mountain Wilderness Study Area.
(17) The Honeycombs Wilderness Study Area.
(c) Release.--Any portion of a wilderness study area
described in subsection (b) that is not designated as a
wilderness area by section 3 is no longer subject to section
603(c) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1782(c)).
(d) Management of Released Land.--
(1) In general.--The Secretary shall manage the portions of
the wilderness study areas released under subsection (c) in
accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) applicable land management plans;
(C) applicable management provisions under paragraph (2);
and
(D) any other applicable law.
(2) Specific management provisions.--
(A) Bennett mountains wilderness study area.--The Secretary
shall manage the portion of the Bennett Mountains Wilderness
Study Area released under subsection (c) in accordance with
section 8(a).
(B) Dubois badlands wilderness study area.--
(i) Division.--The Secretary shall divide the land within
the Dubois Badlands Wilderness Study Area by authorizing the
installation of a fence or the repair or relocation of an
existing fence in T. 41 N., R. 106 W., sec. 5, that--
(I) follows existing infrastructure and natural barriers;
(II) begins at an intersection with North Mountain View
Road in the NE\1/4\NW\1/4\ sec. 5, T. 41 N., R. 106 W.;
(III) from the point described in subclause (II), proceeds
southeast to a point near the midpoint of the NE\1/4\ sec. 5,
T. 41 N., R. 106 W.; and
(IV) from the point described in subclause (III), proceeds
southwest to a point in the SW\1/4\NE\1/4\ sec. 5, T. 41 N.,
R. 106 W., that intersects with the boundary of the Dubois
Badlands Wilderness Study Area.
(ii) Management.--The Secretary shall manage the portion of
the Dubois Badlands Wilderness Study Area released under
subsection (c) in accordance with--
(I) paragraph (1); and
(II) sections 6 and 7.
(C) Copper mountain wilderness study area.--
(i) In general.--The Secretary shall manage the portion of
the Copper Mountain Wilderness Study Area released under
subsection (c) in accordance with paragraph (1).
(ii) Mineral leasing.--
(I) In general.--The Secretary may lease oil and gas
resources within the land released from the Copper Mountain
Wilderness Study Area under subsection (c) if--
(aa) the lease may only be accessed by directional drilling
from a lease that is outside of the land released from the
Copper Mountain Wilderness Study Area; and
(bb) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance on the land
released from the Copper Mountain Wilderness Study Area for
any activities, including activities relating to exploration,
development, or production.
(II) Underground rights-of-way.--The Secretary may grant
underground rights-of-way for any mineral lease entered into
under subclause (I).
(III) Prohibition of certain leases.--Subject to valid
rights in existence on the date of enactment of this Act, the
Secretary shall not issue a new lease for a wind or solar
project, an overhead transmission line, or a communication
tower on the land released from the Copper Mountain
Wilderness Study Area under subsection (c).
(IV) Authority to exchange land.--In carrying out any land
exchange involving any of the land released from the Copper
Mountain Wilderness Study Area under subsection (c), the
Secretary shall ensure that the exchange does not result in a
net loss of Federal land.
(D) Whiskey mountain wilderness study area.--The Secretary
shall manage the portion of the Whiskey Mountain Wilderness
Study Area released under subsection (c) in accordance with--
(i) paragraph (1); and
(ii) the Whiskey Mountain Cooperative Agreement between the
Wyoming Game and Fish Commission, the Forest Service, and the
Bureau, including any amendment to that agreement relating to
the management of bighorn sheep.
(E) Bobcat draw wilderness study area.--
(i) Travel management plan.--
(I) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall develop a travel
management plan for the land released from the Bobcat Draw
Wilderness Study Area under subsection (c).
(II) Requirements.--The travel management plan under
subclause (I) shall--
(aa) identify all existing roads and trails on the land
released from the Bobcat Draw Wilderness Study Area under
subsection (c);
(bb) designate each road or trail available for--
(AA) motorized or mechanized recreation; or
(BB) agriculture practices;
(cc) prohibit the construction of any new road or trail for
motorized or mechanized recreation use; and
(dd) permit the continued use of nonmotorized trails.
(ii) Withdrawal.--
(I) In general.--Except as provided in subclause (II),
subject to valid rights in existence on the date of enactment
of this Act, the land released from the Bobcat Draw
Wilderness Study Area under subsection (c) is withdrawn
from--
(aa) all forms of appropriation or disposal under the
public land laws;
(bb) location, entry, and patent under the mining laws; and
(cc) disposition under laws relating to mineral and
geothermal leasing.
(II) Exception.--The Secretary may lease oil and gas
resources within the land released from the Bobcat Draw
Wilderness Study Area under subsection (c) if--
(aa) the lease may only be accessed by directional drilling
from a lease that is outside of the land released from the
Bobcat Draw Wilderness Study Area; and
(bb) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance on the land
released from the Bobcat Draw Wilderness Study Area for any
activities, including activities related to exploration,
development, or production.
SEC. 6. ESTABLISHMENT OF DUBOIS BADLANDS NATIONAL
CONSERVATION AREA.
(a) Establishment.--Subject to valid existing rights, there
is established the Dubois Badlands National Conservation Area
(referred to in this section as the ``Conservation Area''),
comprising approximately 4,446.46 acres of Federal land
administered by the Bureau in the State, as generally
depicted on the map entitled ``Proposed Badlands National
Conservation Area'' and dated November 15, 2023.
(b) Purpose.--The purpose of the Conservation Area is to
conserve, protect, and enhance for the benefit and enjoyment
of present and future generations the ecological, wildlife,
recreational, scenic, cultural, historical, and natural
resources of the Area.
(c) Management.--Subject to valid rights in existence on
the date of enactment of this Act, the Secretary shall manage
the Conservation Area--
(1) in a manner that only allows uses of the Conservation
Area that the Secretary determines would further the purpose
of the Conservation Area described in subsection (b); and
(2) in accordance with--
(A) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.);
(B) this section; and
(C) any other applicable law.
(d) Motorized Vehicles.--
(1) In general.--The use of motorized vehicles in the
Conservation Area shall be permitted only on existing roads,
trails, and areas designated by the Secretary for use by such
vehicles as of the date of enactment of this Act.
(2) Exceptions.--The Secretary may allow the use of
motorized vehicles in the Conservation Area as needed for
administrative purposes and emergency response.
(e) Grazing.--Grazing of livestock in the Conservation Area
shall be administered in accordance with the laws generally
applicable to land under the jurisdiction of the Bureau.
(f) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the land within the
boundaries of the Conservation Area is withdrawn from--
(1) all forms of appropriation or disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing.
SEC. 7. ESTABLISHMENT OF DUBOIS MOTORIZED RECREATION AREA.
(a) Establishment.--Subject to valid existing rights, there
is established the Dubois Motorized Recreation Area (referred
to in this section as the ``Recreation Area''), comprising
approximately 367.72 acres of Federal land administered by
the Bureau in the State, as generally depicted on the map
entitled ``Proposed Dubois Motorized Recreation Area'' and
dated November 15, 2023.
(b) Management.--
(1) Boundary fence.--The Secretary shall authorize the
construction of a fence along the western boundary of the
Recreation Area on any Federal land that--
(A) is managed by the Bureau; and
[[Page S1133]]
(B) is west of North Mountain View Road.
(2) Travel management plan.--As soon as practicable after
the date of completion of the fence described in paragraph
(1), the Secretary shall establish a travel management plan
for the Recreation Area that efficiently coordinates the use
of motorized off-road vehicles in the Recreation Area.
SEC. 8. ESTABLISHMENT OF SPECIAL MANAGEMENT AREAS.
(a) Bennet Mountains Special Management Area.--
(1) Establishment.--Subject to valid existing rights, there
is established the Bennett Mountains Special Management Area
(referred to in this subsection as the ``Special Management
Area''), comprising approximately 6,165.05 acres of Federal
land in the State administered by the Bureau, as generally
depicted on the map entitled ``Proposed Bennet Mountains
Special Management Area'' and dated November 15, 2023.
(2) Administration.--The Special Management Area shall be
administered by the Secretary.
(3) Purpose.--The purpose of the Special Management Area is
to enhance the natural, historic, scenic, and recreational,
values of the area.
(4) Management.--
(A) In general.--The Secretary shall manage the Special
Management Area--
(i) in furtherance of the purpose described in paragraph
(3); and
(ii) in accordance with--
(I) the laws (including regulations) generally applicable
to the Bureau;
(II) this subsection; and
(III) any other applicable law (including regulations).
(B) Roads; motorized vehicles.--
(i) Roads.--The construction of new permanent roads in the
Special Management Area shall not be allowed.
(ii) Motorized vehicles.--Except as needed for
administrative purposes, emergency response, fire management,
forest health and restoration, weed and pest control, habitat
management, livestock management, and range improvement, the
use of motorized and mechanized vehicles in the Special
Management Area shall be allowed only on existing roads and
trails designated for the use of motorized or mechanized
vehicles.
(iii) Travel management plan.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall
establish a travel management plan for the Special Management
Area.
(C) Grazing.--Grazing of livestock in the Special
Management Area shall be administered in accordance with the
laws generally applicable to land under the jurisdiction of
the Bureau.
(D) Timber harvesting.--Commercial timber harvesting shall
not be allowed in the Special Management Area.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights and
subparagraph (B), the Special Management Area is withdrawn
from--
(i) all forms of appropriation or disposal under the public
land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under laws relating to mineral and
geothermal leasing.
(B) Exception.--The Secretary may lease oil and gas
resources within the boundaries of the Special Management
Area if--
(i) the lease may only be accessed by directional drilling
from a lease that is outside of the Special Management Area;
and
(ii) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance within the Special
Management Area for any activities, including activities
related to exploration, development, or production.
(b) Black Cat Special Management Area.--
(1) Establishment.--Subject to valid existing rights, there
is established the Black Cat Special Management Area
(referred to in this subsection as the ``Special Management
Area''), comprising approximately 1,178 acres of Federal land
in Carbon County, Wyoming, as generally depicted on the map
entitled ``Black Cat Special Management Area'' and dated
November 13, 2023.
(2) Administration.--The Special Management Area shall be
administered by the Secretary of Agriculture.
(3) Purpose.--The purpose of the Special Management Area is
to enhance the natural, historic, scenic, and recreational
values of the area.
(4) Management.--
(A) In general.--The Secretary of Agriculture shall manage
the Special Management Area--
(i) in furtherance of the purpose described in paragraph
(3); and
(ii) in accordance with--
(I) the laws (including regulations) generally applicable
to National Forest System land;
(II) this subsection; and
(III) any other applicable law (including regulations).
(B) Roads; motorized vehicles.--
(i) Roads.--The construction of new permanent roads in the
Special Management Area shall not be allowed.
(ii) Motorized vehicles.--Except as needed for
administrative purposes, emergency response, fire management,
forest health and restoration, weed and pest control, habitat
management, livestock management, and range improvement, the
use of motorized and mechanized vehicles in the Special
Management Area shall be allowed only on existing roads and
trails designated for the use of motorized or mechanized
vehicles.
(iii) Travel management plan.--Not later than 2 years after
the date of enactment of this Act, the Secretary of
Agriculture shall establish a travel management plan for the
Special Management Area.
(C) Grazing.--Grazing of livestock in the Special
Management Area shall be administered in accordance with the
laws generally applicable to grazing on National Forest
System land.
(D) Timber harvesting.--Commercial timber harvesting shall
not be allowed in the Special Management Area.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights and
subparagraph (B), the Special Management Area is withdrawn
from--
(i) all forms of appropriation or disposal under the public
land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under laws relating to mineral and
geothermal leasing.
(B) Exception.--The Secretary may, with the approval of the
Secretary of Agriculture, lease oil and gas resources within
the boundaries of the Special Management Area if--
(i) the lease may only be accessed by directional drilling
from a lease that is outside of the Special Management Area;
and
(ii) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance within the Special
Management Area for any activities, including activities
related to exploration, development, or production.
(c) Sweetwater Rocks Special Management Area.--
(1) Establishment.--Subject to valid existing rights, there
is established the Sweetwater Rocks Special Management Area
(referred to in this subsection as the ``Special Management
Area''), comprising approximately 34,347.79 acres of Federal
land in Fremont and Natrona Counties, Wyoming, as generally
depicted on the map entitled ``Proposed Sweetwater Rocks
Special Management Area'' and dated November 15, 2023.
(2) Administration.--The Special Management Area shall be
administered by the Secretary.
(3) Purpose.--The purpose of the Special Management Area is
to enhance the natural, historic, scenic, and recreational,
values of the area.
(4) Management.--
(A) In general.--The Secretary shall manage the Special
Management Area--
(i) in furtherance of the purpose described in paragraph
(3); and
(ii) in accordance with--
(I) the laws (including regulations) generally applicable
to the Bureau;
(II) this subsection; and
(III) any other applicable law (including regulations).
(B) Roads; motorized vehicles.--
(i) Roads.--The construction of new permanent roads in the
Special Management Area shall not be allowed.
(ii) Motorized vehicles.--Except as needed for
administrative purposes, emergency response, fire management,
forest health and restoration, weed and pest control, habitat
management, livestock management, and range improvement, the
use of motorized and mechanized vehicles in the Special
Management Area shall be allowed only on existing roads and
trails designated for the use of motorized or mechanized
vehicles.
(iii) Travel management plan.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall
establish a travel management plan for the Special Management
Area.
(C) Grazing.--Grazing of livestock in the Special
Management Area shall be administered in accordance with the
laws generally applicable to the Bureau.
(D) Prohibition of certain overhead towers.--No new
overhead transmission or communications tower shall be
constructed in the Special Management Area.
(E) Land exchanges.--The Secretary may propose to, and
carry out with, an individual or entity owning land in the
vicinity of the Special Management Area any land exchange
that--
(i) increases access to the Special Management Area; and
(ii) does not result in a net loss of Federal land.
(F) Underground rights-of-way.--Notwithstanding paragraph
(5), the Secretary may expand any underground right-of-way in
the Special Management Area that exists as of the date of
enactment of this Act.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights and
subparagraph (B), the Special Management Area is withdrawn
from--
(i) all forms of appropriation or disposal under the public
land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under laws relating to mineral and
geothermal leasing.
(B) Exception.--The Secretary may lease oil and gas
resources within the boundaries of the Special Management
Area if--
(i) the lease may only be accessed by directional drilling
from a lease that is outside of the Special Management Area;
and
(ii) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance within the Special
Management Area for any activities, including activities
related to exploration, development, or production.
[[Page S1134]]
(C) Wind and solar energy withdrawal.--Subject to valid
rights in existence on the date of enactment of this Act, the
land within the boundaries of the Special Management Area is
withdrawn from right-of-way leasing and disposition under
laws relating to wind or solar energy.
(d) Fortification Creek Special Management Area; Fraker
Mountain Special Management Area; North Fork Special
Management Area.--
(1) Definition of special management area.--In this
subsection, the term ``Special Management Area'' means a
special management area established by paragraph (2).
(2) Establishment of special management areas.--Subject to
valid existing rights there are established the following:
(A) The Fortification Creek Special Management Area,
comprising approximately 12,520.69 acres of Federal land
administered in the State by the Bureau, as generally
depicted on the map entitled ``Proposed Fortification Creek
Management Area'' and dated November 15, 2023.
(B) The Fraker Mountain Special Management Area, comprising
approximately 6,248.28 acres of Federal land administered in
the State by the Bureau, as generally depicted on the map
entitled ``Proposed Fraker Mountain Management Area'' and
dated November 15, 2023.
(C) The North Fork Special Management Area, comprising
approximately 10,026.15 acres of Federal land administered in
the State by the Bureau, as generally depicted on the map
entitled ``Proposed North Fork Management Area'' and dated
November 15, 2023.
(3) Administration.--The Special Management Areas shall be
administered by the Secretary.
(4) Purpose.--The purpose of a Special Management Area is
to enhance the natural, historic, scenic, recreational,
wildlife habitat, forest health, watershed protection, and
ecological and cultural values of the area.
(5) Management.--
(A) In general.--The Secretary shall manage each Special
Management Area--
(i) in furtherance of the purpose described in paragraph
(4); and
(ii) in accordance with--
(I) the laws (including regulations) generally applicable
to the Bureau;
(II) this subsection; and
(III) any other applicable law (including regulations).
(B) Roads; motorized vehicles.--
(i) Roads.--The construction of new permanent roads in a
Special Management Area shall not be allowed.
(ii) Motorized vehicles.--Except as needed for
administrative purposes, emergency response, fire management,
forest health and restoration, weed and pest control, habitat
management, livestock management, and range improvement, the
use of motorized and mechanized vehicles in a Special
Management Area shall be allowed only on existing roads and
trails designated for the use of motorized or mechanized
vehicles.
(iii) Travel management plan.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall
establish a travel management plan for each Special
Management Area.
(C) Grazing.--Grazing of livestock in a Special Management
Area shall be administered in accordance with the laws
generally applicable to land under the jurisdiction of the
Bureau.
(D) Prohibition of certain infrastructure.--The
development, construction, or installation of infrastructure
for recreational use shall not be allowed in--
(i) the Fraker Mountain Special Management Area; or
(ii) the North Fork Special Management Area.
(6) Withdrawal.--
(A) In general.--Subject to valid existing rights and
subparagraph (B), the Special Management Areas are withdrawn
from--
(i) all forms of appropriation or disposal under the public
land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under laws relating to mineral and
geothermal leasing.
(B) Exception.--The Secretary may lease oil and gas
resources within the boundaries of a Special Management Area
if--
(i) the lease may only be accessed by directional drilling
from a lease that is outside of the Special Management Area;
and
(ii) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance within the Special
Management Area for any activities, including activities
related to exploration, development, or production.
(e) Cedar Mountain Special Management Area.--
(1) Establishment.--Subject to valid existing rights, there
is established the Cedar Mountain Special Management Area
(referred to in this subsection as the ``Special Management
Area''), comprising approximately 20,745.73 acres of Federal
land in the State administered by the Bureau, as generally
depicted on the map entitled ``Proposed Cedar Mountain
Special Management Area'' and dated November 15, 2023.
(2) Administration.--The Special Management Area shall be
administered by the Secretary.
(3) Purpose.--The purpose of the Special Management Area is
to enhance the natural, historic, scenic, recreational,
ecological, wildlife, and livestock production values of the
area.
(4) Management.--
(A) In general.--The Secretary shall manage the Special
Management Area--
(i) in furtherance of the purpose described in paragraph
(3); and
(ii) in accordance with--
(I) the laws (including regulations) generally applicable
to the Bureau;
(II) this subsection; and
(III) any other applicable law (including regulations).
(B) Roads; motorized vehicles.--
(i) Roads.--The construction of new permanent roads in the
Special Management Area shall not be allowed.
(ii) Motorized vehicles.--Except as needed for
administrative purposes, emergency response, fire management,
forest health and restoration, weed and pest control, habitat
management, livestock management, and range improvement, the
use of motorized and mechanized vehicles in the Special
Management Area shall be allowed only on existing roads and
trails designated for the use of motorized or mechanized
vehicles.
(iii) Travel management plan.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall
establish a travel management plan for the Special Management
Area.
(C) Grazing.--Grazing of livestock in the Special
Management Area shall be administered in accordance with the
laws generally applicable to land under the jurisdiction of
the Bureau.
(5) Withdrawal.--
(A) In general.--Subject to valid existing rights, the
Special Management Area is withdrawn from--
(i) all forms of appropriation or disposal under the public
land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under laws relating to mineral and
geothermal leasing.
(B) Exception.--The Secretary may lease oil and gas
resources within the boundaries of the Special Management
Area if--
(i) the lease may only be accessed by directional drilling
from a lease that is outside of the Special Management Area;
and
(ii) the lease prohibits, without exception or waiver,
surface occupancy and surface disturbance within the Special
Management Area for any activities, including activities
related to exploration, development, or production.
SEC. 9. LANDER SLOPE AREA OF CRITICAL ENVIRONMENTAL CONCERN
AND RED CANYON AREA OF CRITICAL ENVIRONMENTAL
CONCERN.
(a) Definition of County.--In this section, the term
``County'' means Fremont County, Wyoming.
(b) Lander Slope Area of Critical Environmental Concern and
Red Canyon Area of Critical Environmental Concern.--
(1) Transfers.--The Secretary shall pursue transfers in
which land managed by the Bureau in the County is exchanged
for land owned by the State that is within the boundaries
of--
(A) the Lander Slope Area of Critical Environmental
Concern; or
(B) the Red Canyon Area of Critical Environmental Concern.
(2) Requirements.--A transfer under paragraph (1) shall--
(A) comply with all requirements of law, including any
required analysis; and
(B) be subject to appropriation.
(c) Study.--
(1) In general.--The Secretary shall carry out a study to
evaluate the potential for the development of special
motorized recreation areas in the County.
(2) Requirements.--The study under paragraph (1) shall
evaluate--
(A) the potential for the development of special motorized
recreation areas on all land managed by the Bureau in the
County except--
(i) any land in T. 40 N., R. 94 W., secs. 15, 17, 18, 19,
20, 21, 22, 27, 28, 29, and the N\1/2\ sec. 34; and
(ii) any land that is subject to a restriction on the use
of off-road vehicles under any Federal law, including this
Act;
(B) the suitability of the land evaluated under
subparagraph (A) for off-road vehicles, including rock
crawlers; and
(C) the parking, staging, and camping necessary to
accommodate special motorized recreation.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report describing the findings of the study
under paragraph (1).
(d) Fremont County Implementation Team.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish a
team, to be known as the ``Fremont County Implementation
Team'' (referred to in this subsection as the ``Team'') to
advise and assist the Secretary with respect to the
implementation of the management requirements described in
this section that are applicable to land in the County.
(2) Membership.--The Team shall consist of--
(A) the Secretary (or a designee of the Secretary); and
(B) 1 or more individuals appointed by the Board of County
Commissioners of the County.
[[Page S1135]]
(3) Nonapplicability of the federal advisory committee
act.--The Team shall not be subject to the requirements of
chapter 10 of title 5, United States Code (commonly referred
to as the ``Federal Advisory Committee Act'').
SEC. 10. STUDY OF LAND IN HOT SPRINGS AND WASHAKIE COUNTIES.
(a) Definition of Counties.--In this section, the term
``Counties'' means each of the following counties in the
State:
(1) Hot Springs County.
(2) Washakie County.
(b) Study.--
(1) In general.--The Secretary shall carry out a study to
evaluate the potential for the development of new special
motorized recreation areas in the Counties.
(2) Requirements.--
(A) Land included.--The study under paragraph (1) shall
evaluate the potential for the development of new special
motorized recreation areas on Federal land managed by the
Bureau in the Counties except any land that is subject to a
restriction on the use of motorized or mechanized vehicles
under any Federal law, including this Act.
(B) Public input; collaboration.--In carrying out the study
under paragraph (1), the Secretary shall--
(i) offer opportunities for public input; and
(ii) collaborate with--
(I) State parks, historic sites, and trails; and
(II) the Counties.
(3) Report.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives a report describing the findings of the study
under paragraph (1).
____________________