[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2080 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2080

 To improve the management of public lands used for military purposes, 
to require assessments of future needs for withdrawals of public lands 
                 for such uses, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 1993

Mr. Vento introduced the following bill; which was referred jointly to 
         the Committees on Armed Services and Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To improve the management of public lands used for military purposes, 
to require assessments of future needs for withdrawals of public lands 
                 for such uses, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Military Land 
Reform and Reassessment Act of 1993''.
    (b) Definitions.--As used in this Act:
            (1) The term ``Secretary'' means the Secretary of the 
        Interior.
            (2) The term ``FLPMA'' means the Federal Land Policy and 
        Management Act of 1976, (43 U.S.C. 1701 et seq.).
            (3) The term ``Engle Act'' means the Act entitled ``An Act 
        to provide that withdrawals, reservations, or restrictions of 
        more than five thousand acres of public lands of the United 
        States shall not become effective until approved by Act of 
        Congress, and for other purposes,'' approved February 28, 1958 
        (43 U.S.C. 155 et seq.).
            (4) The term ``1956 Act'' means the Act of July 26, 1956 
        (16 U.S.C. 505a, 505b).

SEC. 2. STATE MILITARY USES.

    (a) State Agencies.--Section 302(b) of FLPMA (43 U.S.C. 1732(b)) is 
amended by inserting ``or the military department (or its equivalent) 
of any State'' after ``Federal departments and agencies''.
    (b) National Guard Use of Public Lands.--Section 302 of FLPMA (43 
U.S.C. 1732), as amended, is further amended by adding at the end the 
following new subsection:
    ``(e) State Military Uses.--(1) After consultation with the 
Governor of a State, the Secretary may agree to permit use of public 
lands within such State by the military department (or its equivalent) 
of one or more States for purposes of military training, equipment 
testing, or other authorized military activities, in accordance with 
the provisions of this subsection.
    ``(2)(A) For activities the Secretary finds are not likely to 
result in a significant degree of residual contamination of affected 
lands (through use of explosive projectiles or otherwise), the 
Secretary may issue a general authorization for the military department 
(or its equivalent) of one or more States to use public lands where 
such use would not be inconsistent with the land-use plans prepared 
pursuant to section 202 of this Act. Any such general authorization 
shall be for no more than 3 years but may thereafter be renewed for 
additional periods of no more than 3 years each. The provisions of 
paragraph (4) of this subsection shall apply to use of public lands 
pursuant to an authorization issued under this paragraph, and the 
Secretary may wholly or partially revoke any such authorization at any 
time if the Secretary finds that there has been a failure to comply 
with its terms and conditions or that activities pursuant to such an 
authorization have had or may have a significant adverse impact on the 
resources or values of the affected lands.
    ``(B) An authorization pursuant to this paragraph shall not 
authorize the construction of permanent structures or facilities on the 
public lands.
    ``(C) Each specific use of a particular area of public lands 
pursuant to a general authorization under this paragraph shall be 
subject to specific authorization by the Secretary and to appropriate 
terms and conditions, including such as are described in paragraph (4) 
of this subsection.
    ``(3) The Secretary may permit the military department (or its 
equivalent) of one or more States to use public lands for military 
activities the Secretary finds would result in a significant degree of 
residual contamination of such lands, subject to the provisions of 
paragraph (4) of this subsection, but only to the extent that--
            ``(A) use of specific portions of such lands for such 
        purposes was either authorized as of July 1, 1989, or had been 
        permitted to occur on or after January 1, 1986, in which case 
        such uses on such portions may take place, subject to paragraph 
        (4) of this subsection; or
            ``(B) use of public or other lands previously withdrawn or 
        otherwise dedicated to military uses is found by the Secretary 
        (after consultation with the Secretary of Defense) to not be 
        practicable, and therefore additional public lands other than 
        those portions described in subparagraph (A) are withdrawn for 
        military purposes, pursuant to section 204 of this Act (with 
        respect to areas of no more than 5,000 acres) or pursuant to an 
        Act of Congress (with respect to areas exceeding 5,000 acres, 
        except that in time of war or national emergency declared by 
        the Congress or the President pursuant to applicable law, 
        withdrawals of areas exceeding 5,000 acres for military 
        purposes may be made pursuant to section 204 of this Act).
    ``(4) The Secretary may waive rental charges for the use of public 
land (however such use may be authorized) by a State military 
department (or its equivalent) for military training, equipment 
testing, and other authorized military activities permitted under this 
subsection. Each such use shall be subject to a requirement that the 
using department, or departments, be responsible for such timely 
cleanup and decontamination of the lands used, and to such other terms 
and conditions (including but not limited to restrictions on use of 
off-road or all-terrain vehicles), as the Secretary, after considering 
national defense needs, may require to--
            ``(A) minimize adverse impacts on the natural, 
        environmental, scientific, cultural, and other resources and 
        values, including fish and wildlife habitat, of the public 
        lands involved; and
            ``(B) minimize the period and method of such use and the 
        interference with or restrictions on other uses of the public 
        lands involved.
    ``(5) Each State military department (or its equivalent) using 
public lands withdrawn for military purposes shall take appropriate 
precautions to prevent and suppress range and brush fires caused by or 
resulting from use of such lands for such purposes, and shall promptly 
reimburse the United States for any assistance provided by the 
Secretary in the prevention or suppression of such fires.
    ``(6) For purposes of this subsection, the term `State' means one 
of the several States, the District of Columbia, or one of the 
Commonwealths or territories of the United States.
    ``(7)(A) Public lands covered by an authorization issued pursuant 
to paragraph (2) of this subsection may be used by personnel of the 
military department (or its equivalent) of a State during periods when 
some or all of such personnel are on active duty in the service of the 
United States.
    ``(B) During periods of use of public lands by personnel of a State 
military department or equivalent, the Secretary may also permit such 
lands to be used by members of one or more United States Armed Forces 
on active service, under the same terms and conditions applicable to 
use of such lands by the personnel of such State military department or 
its equivalent.
    ``(8) Except as otherwise provided by applicable law, any 
authorization by the Secretary for the military department (or its 
equivalent) of any State or States to use public lands that is in 
effect on the date of enactment of this subsection shall remain in 
effect until its scheduled expiration, or for one year after the date 
of enactment of this subsection, whichever is later.
    ``(9) The Secretary shall not authorize any use of public lands by 
the military department (or its equivalent) of any State if such use 
would preclude or unduly restrict use of such lands by the Secretary of 
Defense or the Secretary of a department within the Department of 
Defense.''.
    (c) Report.--No later than one year after the date of enactment of 
this subsection, the Secretary concerned shall transmit to the 
Committee on Interior and Insular Affairs of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate a report indicating the extent to which the Department of 
Defense (or military department therein) and the military departments 
(or their equivalents) of the several States (including the District of 
Columbia and the Commonwealths and territories of the United States) 
have been authorized since January 1, 1987, to utilize public lands as 
defined in section 103 of FLPMA (other than lands withdrawn for 
military purposes) or National Forest lands for training or other 
purposes and concerning the terms and conditions under which such lands 
may be used by such agencies.
    (d) Reimbursement.--To the extent funds are made available through 
appropriation, the Secretary of Defense may reimburse a State military 
department (or its equivalent) for costs to such department resulting 
from any requirement of this section (including amendments made to the 
Act by this section) and incident to any use of lands by a National 
Guard of a State or by United States Armed Forces for purposes 
authorized by title 10 or title 32, United States Code, or by any other 
provision of Federal law.

SEC. 3. 1956 ACT REFORM.

    (a) Interchange Authority.--The first section of the 1956 Act is 
amended as follows:
            (1) By inserting ``except lands within a conservation 
        system unit or other area designated or established for 
        conservation or protection by proclamation, Executive order, or 
        Act of Congress'' after ``National Forest System lands''.
            (2) By inserting ``law, including, but not limited to, the 
        National Environmental Policy Act of 1969, Forest and Rangeland 
        Renewable Resources Planning Act of 1974, the National Forest 
        Management Act of 1976, and'' after ``subject to any applicable 
        provisions of''.
            (3) By striking ``whenever they shall determine that such 
        interchange will facilitate land management and will provide 
        maximum use thereof for authorized purposes''.
            (4) By inserting ``with respect to interchanges involving 
        lands within the same State, or one-hundred-eighty days with 
        respect to other interchanges'' after ``forty-five days''.
    (b) Determination by Secretary.--The 1956 Act is further amended by 
adding at the end the following new section:
    ``Sec. 3. (a) The Secretary of Agriculture shall take into account 
information provided by the Secretary of Defense concerning the value 
for military purposes of lands proposed for transfer to the 
jurisdiction of the Department of Defense, but shall exercise the 
authority provided by this Act only if the Secretary of Agriculture 
determines that an interchange will improve the protection and 
management of the natural, cultural, or other resources and values of 
the National Forest System.
    ``(b) For purposes of this Act, the term `conservation system unit' 
means a unit of the National Wilderness Preservation System, National 
Wild and Scenic Rivers System, or National Trails System, a national 
monument, a national recreation area, a national scenic area, or a 
national management emphasis area.''.

SEC. 4. AIRSPACE.

    The first section of the Engle Act is amended as follows:
            (1) By inserting ``(a)'' after ``That''.
            (2) By adding at the end the following new subsections:
    ``(b) Airspace.--(1) Except as provided in paragraph (2) of this 
subsection and notwithstanding any other provision of law or any rule, 
regulation, or order issued pursuant thereto, no zone or area in the 
airspace over either nonmilitary public lands or lands managed by the 
Secretary of Agriculture shall be established for use by the Department 
of Defense for defense purposes or to restrict or prohibit the flight 
of civil aircraft.
    ``(2)(A) No zone or area described in paragraph (1) shall be 
established until the officer or agency responsible for such an 
establishment has solicited, received, and considered the views of the 
Secretary of the Interior (to the extent the airspace involved is over 
nonmilitary public lands) or the Secretary of Agriculture (to the 
extent the airspace involved is over lands managed by such Secretary), 
or both such Secretaries, with regard to the possible effects of the 
proposed use of such airspace for defense purposes on the resources and 
values of the affected lands and the uses of such lands, has made such 
views available for review by the public, and has then afforded the 
Governors of affected States, affected Indian tribes, and other members 
of the public an opportunity to comment on the proposed establishment 
of such zone or area.
    ``(B) No zone or area described in paragraph (1) over a total of 
more than 5,000 acres of nonmilitary public lands or lands managed by 
the Secretary of Agriculture (or of both such categories of land) shall 
be established until 180 days after the officer or agency responsible 
for such an establishment has submitted to the Congress a description 
of the proposed zone or area and the views of the Secretary of the 
Interior or the Secretary of Agriculture (or both such Secretaries), 
the Governor of any affected State, any affected Indian tribes, and the 
public provided to such officer or agency pursuant to subparagraph (A) 
of this paragraph.
    ``(3) For purposes of this subsection, the following terms have the 
following meanings--
            ``(A) the term `nonmilitary public land' means land managed 
        by the Secretary of the Interior (including but not limited to 
        lands managed by the Bureau of Land Management and the National 
        Park Service) or held by such Secretary in trust for any Indian 
        tribe and that has not been withdrawn pursuant to this Act or 
        otherwise reserved for military use by the Department of 
        Defense or the military department (or its equivalent) of any 
        State.
            ``(B) The term `defense purposes' shall not include 
        emergency search and rescue or firefighting activities carried 
        out by military personnel or through use of military aircraft.
    ``(c) Monitoring.--The Secretary of the Interior and the Secretary 
of Agriculture shall monitor the effects of military aircraft 
overflights on the resources and values of nonmilitary public lands and 
of lands managed by the Secretary of Agriculture, and on visitor 
enjoyment and other nonmilitary uses of such lands, and shall actively 
seek the assistance of the Secretary of Defense and other appropriate 
officers and agencies of the United States to resolve concerns related 
to such overflights and, to the extent consistent with national 
security needs to prevent, eliminate, or minimize the derogation of the 
resources and values of such lands of visitor enjoyment and other 
nonmilitary uses of such lands associated with military activities, 
including overflights.''.

SEC. 5. INVENTORIES AND REPORTS.

    (a) Existing Withdrawals.--(1) At the time of submission, pursuant 
to section 114a of title 10, United States Code, of the first future-
years defense plan submitted after the date of enactment of this Act, 
the Secretary and the Secretary of Defense shall submit to the Congress 
an inventory of all public lands withdrawn for military purposes, 
including both lands withdrawn under the Engle Act and also lands 
otherwise withdrawn. The Secretary of Defense shall indicate the 
purposes for which such lands were withdrawn, the uses being made of 
such lands, and the justification for continuing the withdrawal of such 
lands from some or all of the public land laws, including the mining, 
mineral leasing, and geothermal leasing laws of the United States.
    (2) To the extent that the Secretary of the Interior has available 
information concerning the natural, cultural, environmental, scenic, 
recreational, scientific, and other resources and values of the lands 
withdrawn for military purposes.
    (b) Proposed Withdrawals.--(1)(A) To the extent feasible, each 
future-years defense plan required by section 114a of title 10, United 
States Code, shall include an identification of public lands whose 
withdrawal under the Engle Act is expected to be requested by the 
Secretary of Defense or a Secretary of a department within the 
Department of Defense during the years covered by such plan, together 
with an explanation of the proposed use for each such withdrawal 
expected to be requested.
    (B) Nothing in this section shall be construed as precluding the 
submission to the Secretary of the Interior or to Congress of a request 
for withdrawal of public lands not identified in future-years defense 
plan.
    (2) At the time the President submits a budget request for the 
first fiscal year beginning after the date of enactment of this Act, 
and annually thereafter, the Secretary of the Interior shall submit to 
the Committee on Interior and Insular Affairs of the House of 
Representatives and the Committee on Energy and Natural Resources of 
the Senate information concerning all proposals for withdrawal of 
public lands under the Engle Act being considered by the Department of 
the Interior and shall indicate which such proposals have been 
submitted to the Congress and which such proposals the Secretary of the 
Interior expects will be submitted to the Congress during the 
succeeding calendar year. The Secretary of the Interior shall also 
identify those prior withdrawals under the Engle Act which will expire 
during the succeeding calendar year.

SEC. 6. TERMINATION OF MILITARY USES.

    (a) Reverter.--Upon the termination of a withdrawal of public lands 
under the Engle Act, or at such time as other lands previously managed 
by the Secretary or the Secretary of Agriculture are no longer used for 
military purposes, such lands shall revert to the jurisdiction and 
management of the Secretary or the Secretary of Agriculture, as the 
case may be, unless the Secretary or the Secretary of Agriculture 
determines that some or all of such land is contaminated to an extent 
that renders it inappropriate for such management.
    (b) Contamination.--If the Secretary or the Secretary of 
Agriculture determines that land described in subsection (a) is 
contaminated to an extent that renders such land inappropriate for 
management by the Secretary or the Secretary of Agriculture, the 
Secretary of Defense shall decontaminate such lands so as to make them 
appropriate for such management.

SEC. 7. ORCHARD TRAINING AREA.

    Nothing in this Act, or in any amendment to another Act made by 
this Act, shall be construed as imposing any restriction on use for 
military purposes of lands military use of which was on July 23, 1991, 
authorized pursuant to the Memorandum of Understanding #ID-237, dated 
May 1985, between the State of Idaho Military Division and the Bureau 
of Land Management, or on the military use of the airspace above such 
lands.

                                 <all>

HR 2080 IH----2