[Senate Report 118-185]
[From the U.S. Government Publishing Office]


                                                  Calendar No. 422

118th Congress}                                           { Report
                                 SENATE
  2d Session  }                                           { 118-185

======================================================================
 
              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

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              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.

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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

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        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.

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                        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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