The controversial Bureau of Land Management’s Rock Springs Resource Management Plan managing 3.6 million acres in southwestern Wyoming could face major opposition from the new Republican-led Congress and President-elect Donald Trump, who could move to kill it altogether.

A record of decision (ROD) on the management plan is expected shortly, which would mark the final action taken by President Joe Biden’s administration on the plan.

The Resource Management Plan is a legal document that maps out the future management of BLM lands in the Rock Springs Regional Area. This plan outlines which areas can and cannot be used for mining, recreation and travel.

The original Resource Management Plan (RMP) for the Rock Springs field office released in 2023 was met with significant opposition for prioritizing conservation efforts over energy production. A revised, final version of the plan released in August struck more balance among mining interests and garnered more support, but still some resistance.

Late last month, Gov. Mark Gordon submitted his impact review of the RMP, which is Wyoming’s final say on the project before the BLM makes its final changes and signs the ROD. Once the ROD has been submitted, no further changes can be made.

In a news release, Gordon said “a significant gap” remains between the management plan and what Wyoming wants.

“After careful review, I am convinced that the BLM’s work here is inconsistent with existing federal and state law, as well as county policy,” Gordon said. “It appears to be driven by a national political agenda, not the collaborative process between states, counties and the federal government envisioned in the Federal Land Policy Management Act. Going from an unsustainable decision to an unenforceable decision does not make their decisions more consistent.”

U.S. Sens. John Barrasso and Cynthia Lummis and Rep. Harriet Hageman expressed similar opposition to the final RMP when it was released in August. Hageman also passed a bill through the House Natural Resources Committee in September that would repeal the RMP proposal.

“The Biden-Harris Rock Springs Resource Management Plan remains unacceptable,” Barrasso said in a statement he released last month. “The people of Wyoming depend on federal lands to make a living, provide for our children and communities, and grow our economy.”

If passed, Lummis said the RMP would be disastrous for Wyoming and she plans to block it.

“I have fought to stop this plan every step of the way and will work with President Trump to ensure the RMP is repealed,” she said.

The decision record will be published in the Federal Register and sent to Gordon, who can then notify Wyoming’s congressional delegation of any questions he may have about it.

“In my opinion, normal protocol is that the delegation would pay close attention to the governor’s wishes on this,” former Assistant Secretary of the Interior for Fish, Wildlife and Parks Rob Wallace told the Cowboy State Daily.

Asked during a news conference Thursday if he would try to fight the ROD if he doesn’t support it, Gordon was noncommittal, saying he would have to see it first but said he is “very concerned” about the RMP as it is. He said the BLM has baited and rigged the RMP by meeting some requests but then removing other preferences.

“Until I have a record of decisions, I don’t have anything to consider at this point,” Gordon said.

What can Congress do?

The Congressional Review Act allows Congress to overturn the actions of certain federal agencies, a rare but not uncommon occurrence. The Oversight Act has been used to repeal a total of 20 regulations, most recently three during the 2021-222 117th Congress.

Once a rule is submitted, Congress has 60 days to review it.

By filing a joint resolution of disapproval, Congress can overturn the agency’s rules, and in this case the Rock Springs RMP. It would take the support of both the Senate and the House and the approval of the President. It might not be hard to come by since both branches are controlled by Republicans at the start of the new year.

“The deck that the governor and the delegation have right now is a very strong hand,” Wallace said.

If a joint resolution of disapproval is filed on the RMP, it would first go to the House Natural Resources and Senate Energy and Natural Resources committees, of which Hageman and Barrasso are members. The resolution would then need to receive majority support in both chambers, like the approval of a traditional bill.

A joint decision of disapproval would be very significant because it would completely scrap the Rock Springs RMP as created.

“They drive a stake into its heart,” Wallace said. “Congress is very restrictive in what they can go back and do.”

Even if the decision is filed before the current Congress adjourns, as expected, there is still a “look back” provision in the review law that allows the new Congress another 60-day period to review a rule and file a resolution of disapproval. .

How would that affect the Kelly package?

The RMP and the state of Wyoming’s sale of the iconic Kelly parcel to Grand Teton National Park are now intrinsically linked due to action taken by the Legislature earlier this year to predicate the parcel based on conditions met in the RMP.

State Rep. Clark Stith, R-Rock Springs, who drafted that provision, has said those conditions have been met as a result of the RMP released in August, which Wallace finds “instructive.”

Because of the way the legislation is written, Wallace hopes there will be no roadblocks to the sale of the Kelly Parcel even if the ROD ends up being shot down.

“Whatever happens with the ROD, I hope it doesn’t interfere with the Kelly Parcel sale because the amendment that Clark Stith put on the sale has been met, according to him,” Wallace said.

Leo Wolfson can be reached at [email protected].