[Senate Report 118-185]
[From the U.S. Government Publishing Office]
Calendar No. 422
118th Congress} { Report
SENATE
2d Session } { 118-185
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WYOMING PUBLIC LANDS INITIATIVE ACT OF 2023
_______
June 18, 2024.--Ordered to be printed
_______
Mr. Manchin, from the Committee on Energy and Natural
Resources, submitted the following
R E P O R T
[To accompany S. 1348]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1348) to redesignate land within certain
wilderness study areas in the State of Wyoming, and for other
purposes, having considered the same, reports favorably thereon
with an amendment in the nature of a substitute and recommends
that the bill, as amended, do pass.
AMENDMENT
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wyoming Public Lands Initiative Act
of 2023''.
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:
(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
(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.
(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.
(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).
PURPOSE
The purpose of S. 1348 is to designate land within certain
wilderness study areas in the State of Wyoming as components of
the National Wilderness Preservation System or other
conservation, recreation, or special management areas, and to
release other lands within wilderness study areas for multiple
use management.
BACKGROUND AND NEED
Section 603 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1701 et seq.) directed the Secretary of the
Interior (Secretary) to identify and evaluate certain public
lands administered by the Bureau of Land Management (BLM) for
their suitability as wilderness and to submit suitability
recommendations to Congress by October 21, 1991. Section 603(c)
of FLPMA directs the Secretary of the Interior to manage these
areas--known as wilderness study areas (WSAs)--so as not to
impair their suitability for preservation as wilderness,
subject to the continuation of existing mining and grazing uses
and mineral leasing in the manner and degree when FLPMA was
enacted in 1976, until Congress enacts legislation concerning
the disposition of the WSA.
In 1992, the BLM released its Wyoming Statewide Wilderness
Study Report, recommending that of the lands directed for study
as wilderness study areas, 240,364 acres be designated as
wilderness, and 337,140 acres be released from wilderness study
designation and managed for multiple use.
In 2015, the Wyoming County Commissioners Association
initiated the Wyoming Public Lands Initiative to provide a
framework for Wyoming counties to address a variety of public
lands issues in the state, with a goal of resolving the pending
status of the 42 WSAs in Wyoming. The initiative allowed for
flexibility to participating counties to opt in or out and to
determine the composition and rules of their respective
committees. Over the course of the three-year process,
participating counties developed recommendations for certain
WSAs in Wyoming.
S. 1348 would implement the recommendations of the Wyoming
County Commissioners Association by designating approximately
20,612 acres as wilderness and approximately 96,045 acres in
various recreation and conservation management areas, and
releasing approximately 130,000 acres of lands within
wilderness study areas for multiple use management.
LEGISLATIVE HISTORY
S. 1348 was introduced by Senators Barrasso and Lummis on
April 27, 2023. The Subcommittee on Public Lands, Forests, and
Mining held a hearing on S. 1348 on October 25, 2023. Companion
legislation, H.R. 4332, was introduced in the House of
Representatives on June 23, 2023, by Representative Hageman.
Similar legislation, S. 1750, was introduced in the 117th
Congress by Senators Barrasso and Lummis on May 20, 2021. The
Subcommittee on Public Lands, Forests and Mining Committee held
a hearing on S. 1750 on June 7, 2022.
COMMITTEE RECOMMENDATION
The Senate Committee on Energy and Natural Resources, in
open business session on December 14, 2023, by a majority voice
vote of a quorum present, recommends that the Senate pass S.
1348, if amended as described herein. Senator Heinrich asked to
be recorded as voting no.
COMMITTEE AMENDMENT
During its consideration of S. 1348, the Committee adopted
an amendment in the nature of a substitute. The amendment
updates several map references and modifies the management
language of the recreation and conservation management areas to
be consistent with standard management language for similar-
type designations. The amendment also deletes section 7 in the
introduced bill which prohibited the application of the Bureau
of Land Management proposed rule ``Conservation and Landscape
Health'' to land covered by this bill.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides the short title for the bill, the
``Wyoming Public Lands Initiative Act of 2023.''
Section 2. Definitions
Section 2 defines key terms used in the bill.
Section 3. Designation of wilderness areas
Paragraph (1) designates approximately 4,523 acres of
Bureau of Land Management (BLM) land as the Encampment River
Canyon Wilderness. The referenced coordinates are excluded from
the wilderness area.
Paragraph (2) designates approximately 1,099 acres of BLM
land as the Prospect Mountain Wilderness. The paragraph also
excludes any land within 100 feet of the centerline of Prospect
Road.
Paragraph (3) designates approximately 2,877 acres of BLM
land as the Upper Sweetwater Canyon Wilderness. The paragraph
defines the boundaries of the wilderness area and excludes
roads within the referenced coordinates that are authorized for
motorized use in existence on the date of enactment of this
Act.
Paragraph (4) designates approximately 5,665 acres of BLM
land as the Lower Sweetwater Canyon Wilderness. The paragraph
defines the boundaries of the wilderness area and excludes
roads within the referenced coordinates that are authorized for
motorized use in existence on the date of enactment of this
Act.
Paragraph (5) designates approximately 6,246 acres of BLM
land as the Bobcat Draw Wilderness.
Section 4. Administration of wilderness areas
Subsection (a) sets forth the administration requirements
for the wilderness areas.
Subsection (b) authorizes the Secretary to carry out any
activities in the wilderness areas necessary to control fire,
insects, or disease in accordance with section 4(d)(1) of the
Wilderness Act. It also requires the Secretary to coordinate
with the Wyoming Forestry Division and the applicable county in
Wyoming where the wilderness area is located. The subsection
also requires the Secretary to, not later than 180 days after
the date of enactment of this Act, establish a fire management
plan for the wilderness areas to ensure the timely and
efficient control of fire, diseases, and insects in the
wilderness areas, and 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.
Subsection (c) provides that the grazing of livestock in a
wilderness area designated by this Act, if established before
the date of enactment of this Act, shall be administered in
accordance with section 4(d)(4) of the Wilderness Act as well
as the guidelines set forth in Appendix A of House Report 101
405, accompanying H.R. 2570 of the 101st Congress.
Subsection (d) provides clarification that nothing in this
section establishes a protective perimeter or buffer zone
around a wilderness area and that any non-wilderness activity
or use that can be seen or heard from within a wilderness area
does not preclude the activity or use outside of the boundary
of a wilderness area.
Section 5. Release of wilderness study areas
Subsection (a) states that, for purposes of section 603(c)
of the Federal Land Policy and Management Act of 1976 (FLPMA)
(43 U.S.C. 1782(c)), any portion of wilderness study area
described in this section and not designated as wilderness by
Section 3 of this Act has been adequately studied for potential
wilderness designation.
Subsection (b) lists the wilderness study areas (WSA)
subject to release in section 5(c): the Encampment River Canyon
WSA; the Prospect Mountain WSA; the Bennett Mountains WSA; the
Sweetwater Canyon WSA; the Lankin Dome WSA; the Split Rock WSA;
the Savage Peak WSA; the Miller Springs WSA; the Dubois
Badlands WSA; the Copper Mountain WSA; the Whiskey Mountain
WSA; the Fortification Creek WSA; the Gardner Mountain WSA; the
North Fork WSA; the portion of the Bobcat Draw WSA located in
Washakie County, Wyoming; the Cedar Mountain WSA; and the
Honeycombs WSA.
Subsection (c) releases from wilderness study designation
the wilderness study areas listed in section 5(b) and are no
longer subject to section 603(c) of FLPMA.
Subsection (d)(1) requires the Secretary to manage the
portions of released wilderness study areas under subsection
(c) in accordance with FLPMA, applicable land management plans,
applicable management provisions under section 5(d)(2), and any
other applicable law.
Subsection (d)(2) sets forth specific management
requirements for the wilderness study areas released under
subsection (c).
Paragraph (2)(A) requires the Secretary to manage the
portion of the Bennett Mountains WSA released under subsection
(c) in accordance with section 8(a) of this Act.
Paragraph (2)(B) requires the Secretary to divide the land
within the Dubois Badlands WSA by authorizing the installation
of a fence, or the repair or relocation of an existing fence
along the referenced coordinates, that follows existing
infrastructure and natural barriers. It also requires the
Secretary to manage the portion of the released Dubois Badlands
WSA in accordance with paragraph (1) and sections 6 and 7 of
this Act.
Paragraph (2)(C) requires the Secretary to manage the
portion of the released Copper Mountain WSA in accordance with
paragraph (1). It also authorizes the Secretary to lease oil
and gas resources within the released area provided that the
lease can only be accessed by directional drilling from a lease
that is outside of the released area, and if the lease
prohibits, without exception or waiver, surface occupancy and
disturbance for any activities including exploration,
development, or production of mineral resources.
The paragraph also authorizes the Secretary to grant
underground rights-of-way for any mineral lease under this
paragraph. It also states that subject to valid existing
rights, 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. Finally, the paragraph states
that in carrying out any land exchange involving the released
Copper Mountain WSA, the Secretary shall ensure the exchange
does not result in a net loss of Federal land.
Paragraph (2)(D) states that the Secretary shall manage the
released Whiskey Mountain WSA in accordance with paragraph (1)
and the Whiskey Mountain Cooperative Agreement between the Game
and Fish Commission, the Forest Service, and the BLM, including
any amendment to that agreement relating to bighorn sheep
management.
Paragraph (2)(E) states that, not later than 2 years after
the date of enactment of this Act, the Secretary shall develop
a travel management plan for the released Bobcat Draw WSA. The
plan shall identify all existing roads and trails; designate
each road or trail available for motorized or mechanized
recreation or agriculture practices; prohibit the construction
of a new road or trail for those practices; and permit the
continued use of non-motorized trails. The paragraph also
withdraws the land of the Bobcat Draw WSA from all forms of
appropriation or disposal under the public land laws; location,
entry and patent under the mining laws; and disposition under
mineral and geothermal leasing laws, subject to valid existing
rights. However, as an exception to the mineral withdrawal, the
Secretary may lease oil and gas resources if the lease can only
be accessed by directional drilling from a lease that is
outside of the land released, and if the lease prohibits,
without exception or waiver, surface occupancy and disturbance
for any activities including exploration, development, or
production of mineral resources.
Section 6. Establishment of Dubois Badlands National Conservation Area
Subsection (a) establishes the Dubois Badlands National
Conservation Area (Conservation Area), subject to valid
existing rights, comprising approximately 4,446 acres of BLM
land.
Subsection (b) states the purposes 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 Conservation Area.
Subsection (c) requires the Secretary to manage the
Conservation Area, subject to valid existing rights, in a
manner consistent with the purposes for which it was
established under subsection (b), and in accordance with FLPMA,
this section, and any other applicable law.
Subsection (d) authorizes the use of motorized vehicles in
the Conservation Area only on existing roads, trails, and areas
designated by the Secretary for such use, as of the date of
enactment of this Act, except the Secretary may allow the use
of those vehicles as needed for administrative purposes and
emergency response.
Subsection (e) permits the grazing of livestock in the
Conservation Area in accordance with laws applicable to BLM
land.
Subsection (f) withdraws the land within the Conservation
Area from all forms of appropriation or disposal under the
public land laws; location, entry, and patent under the mining
laws; and disposition under the mineral and geothermal leasing
laws, subject to valid existing rights.
Section 7. Establishment of Dubois Motorized Recreation Area
Subsection (a) establishes, subject to valid existing
rights, the Dubois Motorized Recreation Area (Recreation Area),
comprising approximately 367 acres of BLM land.
Subsection (b) requires the Secretary to authorize the
construction of a fence along the western boundary of the
Recreation Area on any BLM land and any Federal land west of
the North Mountain View Road. It also requires the Secretary to
establish a travel management plan as soon as practicable after
the date of completion of the fence that efficiently
coordinates the use of motorized off-road vehicles.
Section 8. Establishment of Special Management Areas
Subsection (a)(1) establishes, subject to valid existing
rights, the Bennet Mountains Special Management Area,
comprising approximately 6,165 acres of BLM land.
Paragraph (2) provides that the Secretary of the Interior
shall administer the Special Management Area.
Paragraph (3) states the purpose of the Special Management
Area is to enhance the natural, historic, scenic, and
recreational values of the area.
Paragraph (4) requires the Secretary to manage the Special
Management Area to further the purposes described in paragraph
(3), and in accordance with laws applicable to the BLM, this
subsection, and any other applicable law. The paragraph also
prohibits the construction of new permanent roads; authorizes
the use of motorized vehicles on existing roads and trails
designated for such use, 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; and requires the
Secretary to establish a travel management plan not later than
2 years after the date of enactment of this Act. The paragraph
also permits the grazing of livestock administered in
accordance with laws applicable to the BLM. Finally, the
paragraph prohibits commercial timber harvesting in the Special
Management Area.
Paragraph (5) withdraws the Special Management Area,
subject to valid existing rights, from all forms of
appropriation or disposal under the public land laws; location,
entry, and patent under the mining laws; and disposition under
mineral and geothermal leasing laws. However, the Secretary may
lease oil and gas resources within the boundary of the special
management area if the lease can only be accessed by
directional drilling from a lease that is outside of the
special management area, and if the lease prohibits, without
exception or waiver, surface occupancy and disturbance for any
activities including exploration, development, or production of
mineral resources.
Subsection (b)(1) establishes, subject to valid existing
rights, the Black Cat Special Management Area, comprising
approximately 1,178 acres of BLM land in Carbon County,
Wyoming.
Paragraph (2) provides that the Secretary of Agriculture
shall administer the Special Management Area.
Paragraph (3) states that the purpose of the Special
Management Area is to enhance the natural, historic, scenic,
and recreational values of the area.
Paragraph (4) requires the Secretary of Agriculture to
manage the Special Management Area to further the purposes
described in paragraph (3) and in accordance with the laws
applicable to National Forest System land, this subsection, and
any other applicable law. The paragraph also prohibits the
construction of new permanent roads; authorizes the use of
motorized vehicles on existing roads and trails designated for
such use, 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; and requires the
Secretary to establish a travel management plan not later than
2 years after the date of enactment of this Act. The paragraph
also permits the grazing of livestock administered in
accordance with laws applicable to grazing on National Forest
System land. Finally, the paragraph prohibits commercial timber
harvesting in the Special Management Area.
Paragraph (5) withdraws the Special Management Area,
subject to valid existing rights, from all forms of
appropriation or disposal under the public land laws; location,
entry, and patent under the mining laws; and disposition under
the mineral and geothermal leasing laws. However, the Secretary
of the Interior may, with the approval of the Secretary of
Agriculture, lease oil and gas resources within the boundary of
the special management area if the lease can only be accessed
by directional drilling from a lease that is outside of the
special management area, and if the lease prohibits, without
exception or waiver, surface occupancy and disturbance for any
activities including exploration, development, or production of
mineral resources.
Subsection (c)(1) establishes, subject to valid existing
rights, the Sweetwater Rocks Special Management Area,
comprising approximately 34,347 acres of Federal land located
in Fremont and Natrona Counties, Wyoming.
Paragraph (2) provides that the Secretary of the Interior
shall administer the Special Management Area.
Paragraph (3) states that the purpose of the Special
Management Area is to enhance the natural, historic, scenic,
and recreational values of the area.
Paragraph (4) requires the Secretary to manage the Special
Management Area to further the purposes described in paragraph
(3) and in accordance with the laws applicable to the BLM, this
subsection, and any other applicable law. The paragraph also
prohibits the construction of new permanent roads; authorizes
the use of motorized vehicles on existing roads and trails
designated for such use, 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; and requires the
Secretary to establish a travel management plan not later than
2 years after the date of enactment of this Act. The paragraph
also permits the grazing of livestock in accordance with laws
applicable to the BLM, and prohibits the construction of new
overhead transmission or communications tower. The Secretary of
the Interior is authorized to propose land exchanges with an
individual or entity in the vicinity of the Special Management
Area that increases access to the Area and does not result in a
net loss of Federal land. Finally, the Secretary is authorized,
notwithstanding paragraph (5), to expand any underground right-
of-way that exists on the date of enactment of this Act.
Paragraph (5) withdraws the Special Management Area,
subject to valid existing rights, from all forms of
appropriation or disposal under the public land laws; location,
entry, and patent under the mining laws; and disposition under
mineral and geothermal leasing laws. However, the Secretary may
lease oil and gas resources within the boundary if the lease
can only be accessed by directional drilling from a lease that
is outside of the land released, and if the lease prohibits,
without exception or waiver, surface occupancy and disturbance
for any activities including exploration, development, or
production of mineral resources. Finally, subject to valid
existing 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 wind or solar energy laws.
Subsection (d)(1) defines the term ``special management
area,'' as used in the subsection to mean one of the areas
established in paragraph (2).
Paragraph (2) establishes on BLM land, subject to valid
existing rights, the Fortification Creek Special Management
Area, comprising approximately 12,520 acres; the Fraker
Mountain Special Management Area, comprising approximately
6,248 acres; and the North Fork Special Management Area,
comprising approximately 10,026 acres.
Paragraph (3) provides that the Secretary of the Interior
shall administer the Special Management Areas.
Paragraph (4) states the purposes of the Special Management
Areas are to enhance the natural, historic, scenic,
recreational, wildlife habitat, forest health, watershed
protection, and ecological and cultural values.
Paragraph (5) directs the Secretary to manage each area to
further the purposes described in paragraph (4) and in
accordance with the laws applicable to the BLM, this
subsection, and any other applicable law. The paragraph
prohibits the construction of new permanent roads; authorizes
the use of motorized vehicles on existing roads and trails
designated for such use, 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; and requires the
Secretary to establish a travel management plan for each
Special Management Area not later than 2 years after the date
of enactment of this Act. The development, construction, or
installation of recreational infrastructure is prohibited in
the Fraker Mountain Special Management Area and the North Fork
Special Management Area. Finally, the Special Management Areas
are withdrawn subject to valid existing rights, from all forms
of appropriation or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under mineral and geothermal leasing laws. However,
the Secretary may lease oil and gas resources within the
boundary if the lease can only be accessed by directional
drilling from a lease that is outside of the land released, and
if the lease prohibits, without exception or waiver, surface
occupancy and disturbance for any activities including
exploration, development, or production of mineral resources.
Subsection (e)(1) establishes the Cedar Mountain Special
Management Area, subject to valid existing rights, comprising
approximately 20,745 acres of BLM land.
Paragraph (2) provides that the Secretary of the Interior
shall administer the Special Management Area.
Paragraph (3) states the purpose of the Special Management
Area is to enhance the natural, historic, scenic, recreational,
ecological, wildlife, and livestock production values of the
area.
Paragraph (4) requires the Secretary the manage the Special
Management Area to further the purposes described in paragraph
(3), and in accordance with laws applicable to the BLM, this
subsection, and any other applicable law. The paragraph
prohibits the construction of new permanent roads; authorizes
the use of motorized vehicles on existing roads and trails
designated for such use, 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; and requires the
Secretary to establish a travel management plan for each
Special Management Area not later than 2 years after the date
of enactment of this Act. Finally, the paragraph authorizes the
grazing of livestock in accordance with laws applicable to the
BLM.
Paragraph (5) withdraws the Special Management Area,
subject to valid existing rights, from all forms of
appropriation or disposal under the public land laws; location,
entry, and patent under the mining laws; and disposition under
mineral and geothermal leasing laws. However, the Secretary may
lease oil and gas resources within the boundary if the lease
can only be accessed by directional drilling from a lease that
is outside of the land released, and if the lease prohibits,
without exception or waiver, surface occupancy and disturbance
for any activities including exploration, development, or
production of mineral resources.
Section 9. Lander Scope Area of Critical Environmental Concern and Red
Canyon Area of Critical Environmental Concern
Subsection (a) defines ``County'' as Fremont County,
Wyoming for the purposes of this section.
Subsection (b) requires the Secretary of the Interior to
pursue land transfers in which BLM land in the County is
exchanged for state land within the boundaries of the Lander
Scope Area of Critical Environmental Concern or the Red Canyon
Area of Critical Environmental Concern. Any land transfer or
required analysis must comply with all requirements of law and
is subject to appropriation.
Subsection (c) requires the Secretary to carry out a study
evaluating the potential for development of special motorized
recreation areas on all BLM land in the County, except the
referenced coordinates, including any land that is restricted
from the use of off-road vehicles under any Federal law. The
study also must evaluate the suitability of the land for off-
road vehicles including rock crawlers and the parking, staging,
and camping necessary to accommodate special motorized
recreation. Finally, not later than 2 years after the date of
enactment of this Act, the Secretary shall submit a report
describing the findings of the study to the congressional
committees of jurisdiction.
Subsection (d) requires the Secretary to establish the
Fremont County Implementation Team (Team) to advise and assist
the Secretary with the implementation of the management
requirements of this section. The Team consists of the
Secretary or her designee, and one or more individuals
appointed by the Board of County Commissioners. The
requirements of the Federal Advisory Committee Act (Public Law
92-463, 86 Stat. 770, 5 U.S.C 1001) are not applicable to the
Team.
Section 10. Study of land in Hot Springs and Washakie Counties
Subsection (a) defines ``Counties'' as Hot Springs County
and Washakie County, Wyoming for the purposes of this section.
Subsection (b) directs the Secretary of the Interior to
carry out a study evaluating the potential for development of
new special motorized recreation areas on BLM land in the
Counties, except land that is restricted to the use of
motorized or mechanized vehicles under any Federal law. In
carrying out the study, the Secretary is required to offer
opportunities for public input, and is directed to collaborate
with State parks, historic sites and trails, and the Counties.
Finally, not later than 2 years after the date on enactment of
this Act, the Secretary shall submit the findings of the study
to the congressional committees of jurisdiction.
COST AND BUDGETARY CONSIDERATIONS
The Committee has requested, but has not yet received, the
Congressional Budget Office's estimate of the cost of S. 1348
as ordered reported. When the Congressional Budget Office
completes its cost estimate, it will be posted on the internet
at www.cbo.gov.
REGULATORY IMPACT EVALUATION
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1348. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses. No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy. Little, if any, additional paperwork would
result from the enactment of S. 1348, as ordered reported.
CONGRESSIONALLY DIRECTED SPENDING
S. 1348, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
EXECUTIVE COMMUNICATIONS
The testimony provided by the Bureau of Land Management and
the Forest Service from the Subcommittee on Public Lands,
Forests, and Mining, October 25, 2023, hearing on S. 1348
follows:
Statement of Nada Wolff Culver, Principal Deputy Director, Bureau of
Land Management, U.S. Department of the Interior
* * * * * * *
s. 1348, wyoming public lands initiative act
S. 1348 designates over 15,000 acres of Wilderness Study
Areas (WSA) as wilderness; releases from WSA status
approximately 130,000 acres of BLM-managed WSAs; and designates
four special management areas (SMA), three management areas, a
motorized recreation area, and a National Conservation Area on
approximately 94,000 acres of lands released from WSA status in
the State of Wyoming. The bill also directs the BLM to study
the potential for the development of special motorized
recreation areas in Fremont County, and to pursue the exchange
of State lands within the Lander Slope and Red Canyon Areas of
Critical Environmental Concern (ACEC) for other lands managed
by the BLM. Lastly, S. 1348 prohibits the application of the
BLM's proposed Conservation and Landscape Health rule, or any
substantially similar rule, to the lands covered by the bill.
Analysis
Wilderness and WSAs are an essential component of
conservation. The Biden Administration recognizes wilderness is
a fundamentally important part of the American landscape, for
practical and scientific values, and for the beauty, majesty,
and solitude it provides. Wilderness and WSAs generate
significant economic benefits to local communities by providing
recreational opportunities while simultaneously supporting
community and ecosystem health and biodiversity. The BLM does
not support S. 1348, which would remove over 130,000 acres of
public lands from conservation status. The BLM defers to the
USDA regarding the bill's provisions affecting the management
of lands under their jurisdiction.
FLPMA provides a clear statement on the retention and
management of lands administered by the BLM. Section 603 of
FLPMA provided direction under which the BLM became a full
partner in the National Wilderness Preservation System
established by the Wilderness Act of 1964. The first step of
the Section 603 process--to identify areas with wilderness
characteristics--was completed in 1980. The BLM identified over
800 WSAs encompassing more than 26 million acres of BLM-managed
lands. The second step of the process, begun in 1980 and
concluded in 1991, was to study each of the WSAs and make a
recommendation to the President on their suitability or non-
suitability for preservation as wilderness. The President was
then directed to send wilderness recommendations to Congress
within two years of receiving the Secretary of the Interior's
recommendation.
The President's 1992 and 1993 wilderness recommendations to
Congress are now 30 years old, and the on-the-ground analysis
of their wilderness suitability is as much as 40 years old.
During that time, resource conditions have changed, our
understanding of natural resources has changed, and public
opinion has changed. Today, WSAs remain undeveloped Federal
lands that retain their primeval character and influence,
without permanent improvements or human habitation, and are
managed so as not to impair their suitability for designation
as wilderness.
S. 1348 designates BLM-managed lands within the Encampment
River Canyon, Prospect Mountain, Sweetwater Canyon, and Bobcat
Draw Badlands WSAs as wilderness. The BLM supports these
wilderness designations, and if this bill moves forward,
recommends the inclusion of additional acreage within the
Encampment River Canyon and Bobcat Draw Badlands WSAs as
wilderness. The BLM would like to work with the Sponsor to
prevent the creation of small and isolated parcels of
wilderness created by the exclusion of portions of the WSAs
from wilderness designations.
Under the bill, the Bennett Mountain, Sweetwater Rocks, and
Cedar Mountain SMAs are designated on lands released from the
Bennett Mountain, Lankin Dome, Split Rock, Savage Peak, Miller
Springs, and Cedar Mountain WSAs. Additionally, the
Fortification Creek, Fraker Mountain, and North Fork Management
Areas are designated on lands released from the Fortification
Creek, Gardner Mountain, and North Fork WSAs. While the BLM
appreciates the Sponsor's direction to maintain some of the
varied resource values of these areas, the BLM recommends a
more targeted approach rather than releasing WSAs in their
entirety for other uses and management priorities. Further, the
BLM cannot support the wholesale release of the Dubois Badlands
WSA to create the Dubois Motorized Recreation Area and Dubois
Badlands National Conservation Area as the WSA falls within an
elk wintering area, which is critical winter range for mule
deer, and encompasses at least two sage-grouse strutting
grounds.
S. 1348 would also release the Copper Mountain, Whiskey
Mountain, and Honeycombs WSAs to be managed in accordance with
the laws generally applicable to BLM-managed lands. While these
lands were not recommended for wilderness designation in the
BLM's 1991 recommendations, if these suitability
recommendations were made today, many of them would likely be
different. The Copper Mountain WSA encompasses 6,858 acres of
mountainous BLM-administered land without any inholdings or
split estate lands, while the Whiskey Mountain WSA and
surrounding environments provide exceptional opportunities for
backcountry hunting and host some of the largest concentrations
of Rocky Mountain Bighorn Sheep in the United States. Lastly,
the Honeycombs WSA consists of sharply eroded, strongly
dissected badlands and rolling to steep hills that provide
outstanding opportunities for solitude and primitive and
unconfined recreation. The BLM cannot support release of these
WSAs given their extensive wilderness characteristics including
naturalness, solitude, opportunities for unconfined recreation,
and special features.
Additionally, the BLM notes that we support the direction
of S. 1348 to pursue transfers in which land managed by the
Bureau in Fremont County could be exchanged for land owned by
the State that is within the boundaries of the Lander Slope and
Red Canyon ACECs. Under the bill, these exchanges would occur
in accordance with applicable laws. Further, the BLM supports
the proposed study evaluating the potential for the development
of special motorized recreation areas in Fremont County.
Finally, S. 1348 prohibits the application of the BLM's
proposed Conservation and Landscape Health rule, or any
substantially similar rule, to the lands covered by the bill.
The BLM is committed to its congressionally mandated mission of
multiple use and sustained yield, which includes managing for
healthy lands today so that the BLM can deliver on its core
mission now and in the future. The proposed rule would help the
BLM respond to the pressures posed by unprecedented drought,
intense wildfires, loss of wildlife, and an influx of invasive
species. Given the significant challenges the BLM faces in
maintaining the health of the public lands, the BLM opposes the
prohibition on applying the proposed rule, or any substantially
similar rule, to the lands covered by the bill.
* * * * * * *
Testimony of Jacqueline Emanuel, Associate Deputy Chief, United States
Department of Agriculture Forest Service, Before the United States
Senate Committee on Energy and Natural Resources, Subcommittee on
Public Lands, Forests, and Mining
* * * * * * *
s. 1348, ``wyoming public lands initiative act of 2023''
S. 1348, the Wyoming Public Lands Initiative Act of 2023,
would designate 1,189 acres of National Forest System lands on
the Medicine Bow-Routt National Forest as the Black Cat Special
Management Area (SMA) in Carbon County, Wyoming. The
designation in Section 3(c) of the bill would prohibit
construction of new roads and commercial timber harvesting,
limit motor vehicle use, withdraw the area from mineral and
geothermal leasing, and allow directional drilling only from
outside the area.
Section 3(c) of the bill would allow ongoing active
management of vegetation to address wildland/urban interface
needs in the Black Cat SMA. The Forest Service would welcome
the opportunity to meet with Committee staff to clarify
legislative intent regarding management of National Forest
System trail 495, which is designated for motor vehicle use. It
appears subsection c.4.b of this provision would require the
agency to reclassify currently allowed seasonal motor vehicle
and mechanized uses of the trail. USDA has concerns with the
bill and defers to the Department of the Interior for their
views on the bill as it affects the public lands under their
jurisdiction.
* * * * * * *
CHANGES IN EXISTING LAW
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, the Committee notes that no
changes in existing law are made by S. 1348, as ordered
reported.
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