113 HR 1676 RH: Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act U.S. House of Representatives 2013-06-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
IB Union Calendar No. 88 113th CONGRESS 1st Session H. R. 1676 [Report No. 113–123, Part I] IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Cook (for himself and Mr. McKeon) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned June 24, 2013 Additional sponsor: Mr. Ruiz June 24, 2013 Reported from the Committee on Natural Resources with an amendment Strike out all after the enacting clause and insert the part printed in italic June 24, 2013 The Committee on Armed Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed For text of introduced bill, see copy of bill as introduced on April 23, 2013 A BILL To designate the Johnson Valley National Off-Highway Vehicle Recreation Area in San Bernardino County, California, to authorize limited military use of the area, to provide for the transfer of the Southern Study Area to the administrative jurisdiction of the Secretary of the Navy for inclusion in the Marine Corps Air Ground Combat Center Twentynine Palms, and by recreational users, and for other purposes.
1.
Short title
This Act may be cited as the Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act.
2.
Designation of Johnson Valley National Off-Highway Vehicle Recreation Area
(a)
Designation
The approximately 188,000 acres of public land and interests in land administered by the Secretary of the Interior through the Bureau of Land Management in San Bernardino County, California, as generally depicted as the Johnson Valley Off-Highway Vehicle Recreation Area on the map titled Johnson Valley National Off-Highway Vehicle Recreation Area and Transfer of the Southern Study Area and dated April 11, 2013, are hereby designated as the Johnson Valley National Off-Highway Vehicle Recreation Area. (b)
Recreational and conservation use
The Johnson Valley National Off-Highway Vehicle Recreation Area is designated for the following purposes: (1)Public recreation (including off-highway vehicle use, camping, and hiking) when the lands are not used for military training as authorized by section 3. (2)Natural resources conservation. (c)
Withdrawal
The public land and interests in land included in the Johnson Valley National Off-Highway Vehicle Recreation Area are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (d)
Treatment of existing rights
The designation of the Johnson Valley National Off-Highway Vehicle Recreation Area and the withdrawal of the public land and interests in land included in the Recreation Area are subject to valid existing rights.
3.
Limited biannual Marine Corps Air Ground Combat Center Twentynine Palms use of Johnson Valley National Off-Highway Vehicle Recreation Area
(a)
Use for military purposes authorized
Subject to subsection (b), the Secretary of the Interior shall authorize the Secretary of the Navy to utilize portions of Johnson Valley National Off-Highway Vehicle Recreation Area twice in each calendar year for up to a total of 60 days per year for the following purposes: (1)Sustained, combined arms, live-fire, and maneuver field training for large-scale Marine air-ground task forces. (2)Individual and unit live-fire training ranges. (3)Equipment and tactics development. (4)Other defense-related purposes consistent with the purposes specified in the preceding paragraphs. (b)
Conditions on military use
(1)
Consultation and public participation requirements
Before the Secretary of the Navy requests the two time periods for military use of the Johnson Valley National Off-Highway Vehicle Recreation Area in a calendar year, the Secretary of the Navy shall— (A)consult with the Secretary of the Interior regarding the best times for military use to reduce interference with or interruption of nonmilitary activities authorized by section 2(b); and (B)provide for public awareness of and participation in the selection process. (2)
Public notice
The Secretary of the Navy shall provide advance, wide-spread notice before any closure of public lands for military use under this section. (3)
Public safety
Military use of the Johnson Valley National Off-Highway Vehicle Recreation Area during the biannual periods authorized by subsection (a) shall be conducted in the presence of sufficient range safety officers to ensure the safety of military personnel and civilians. (4)
Certain types of ordnance prohibited
The Secretary of the Navy shall prohibit the use of dud-producing ordnance in any military training conducted under subsection (a). (c)
Implementing agreement
(1)
Agreement required; required terms
The Secretary of the Interior and the Secretary of the Navy shall enter into a written agreement to implement this section. The agreement shall include a provision for periodic review of the agreement for its adequacy, effectiveness, and need for revision. (2)
Additional terms
The agreement may provide for— (A)the integration of the management plans of the Secretary of the Interior and the Secretary of the Navy; (B)delegation to civilian law enforcement personnel of the Department of the Navy of the authority of the Secretary of the Interior to enforce the laws relating to protection of natural and cultural resources and of fish and wildlife; and (C)the sharing of resources in order to most efficiently and effectively manage the lands. (d)
Duration
Any agreement for the military use of the Johnson Valley National Off-Highway Vehicle Recreation Area shall terminate not later than March 31, 2039.
4.
Transfer of administrative jurisdiction, Southern Study Area, Marine Corps Air Ground Combat Center Twentynine Palms, California
(a)
Transfer required
Not later than September 30, 2014, the Secretary of the Interior shall transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Navy certain public land administered by the Bureau of Land Management consisting of approximately 20,000 acres in San Bernardino County, California, as generally depicted as the Southern Study Area on the map referred to in section 2. (b)
Use of transferred land
Upon the receipt of the land under subsection (a), the Secretary of the Navy shall include the land as part of the Marine Corps Air Ground Combat Center Twentynine Palms, California, and authorize use of the land for military purposes. (c)
Legal description and map
(1)
Preparation and publication
The Secretary of the Interior shall publish in the Federal Register a legal description and map of the public land to be transferred under subsection (a). (2)
Force of law
The legal description and map filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct clerical and typographical errors in the legal description and map. (d)
Reimbursement of costs
The Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior to carry out this section.
5.
Water rights
(a)
Water rights
Nothing in this Act shall be construed— (1)to establish a reservation in favor of the United States with respect to any water or water right on lands transferred by this Act; or (2)to authorize the appropriation of water on lands transferred by this Act except in accordance with applicable State law. (b)
Effect on previously acquired or reserved water rights
This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
June 24, 2013 Reported from the Committee on Natural Resources with an amendment June 24, 2013 The Committee on Armed Services discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed