[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 880 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 880
To withdraw certain Federal lands in the State of California for
military purposes, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 1993
Mr. Vento (for himself, Mr. Lehman, and Mr. Miller of California)
introduced the following bill; which was referred jointly to the
Committees on Armed Services and Natural Resources
_______________________________________________________________________
A BILL
To withdraw certain Federal lands in the State of California for
military purposes, 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 FINDINGS.
(a) Short Title.--This Act may be cited as the ``California
Military Lands Withdrawal and Overflights Act of 1993''.
(b) Findings.--The Congress finds that--
(1) the Federal lands within the desert regions of
California have provided essential opportunities for military
training, research, and development for the Armed Forces of the
United States and allied nations;
(2) alternative sites for military training and other
military activities carried out on Federal lands in the
California desert area are not readily available;
(3) while changing world conditions have lessened to some
extent the immediacy of military threats to the national
security of the United States and its allies, there remains a
need for military training, research, and development
activities of the types that have been carried out on Federal
lands in the California desert area; and
(4) continuation of existing military training, research,
and development activities, under appropriate terms and
conditions, is not incompatible with the protection and proper
management of the natural, environmental, cultural, and other
resources and values of the Federal lands in the California
desert area.
SEC. 2. WITHDRAWALS.
(a) China Lake.--(1) Subject to valid existing rights and except as
otherwise provided in this Act, the Federal lands referred to in
paragraph (2), and all other areas within the boundary of such lands as
depicted on the map specified in such paragraph which may become
subject to the operation of the public land laws, are hereby withdrawn
from all forms of appropriation under the public land laws (including
the mining laws and the mineral leasing laws). Such lands are reserved
for use by the Secretary of the Navy for--
(A) use as a research, development, test, and evaluation
laboratory;
(B) use as a range for air warfare weapons and weapon
systems;
(C) use as a high hazard training area for aerial gunnery,
rocketry, electronic warfare and countermeasures, tactical
maneuvering and air support; and
(D) subject to the requirements of section 4(f), other
defense-related purposes consistent with the purposes specified
in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal lands,
located within the boundaries of the China Lake Naval Weapons Center,
comprising approximately 1,100,000 acres in Inyo, Kern, and San
Bernardino Counties, California, as generally depicted on a map
entitled ``China Lake Naval Weapons Center Withdrawal--Proposed'',
dated January 1985, and filed in accordance with section 3.
(b) Chocolate Mountain.--(1) Subject to valid existing rights and
except as otherwise provided in this Act, the Federal lands referred to
in paragraph (2), and all other areas within the boundary of such lands
as depicted on the map specified in such paragraph which may become
subject to the operation of the public land laws, are hereby withdrawn
from all forms of appropriation under the public land laws (including
the mining laws and the mineral leasing and the geothermal leasing
laws). Such lands are reserved for use by the Secretary of the Navy
for--
(A) testing and training for aerial bombing, missile
firing, tactical maneuvering and air support; and
(B) subject to the provisions of section 4(f), other
defense-related purposes consistent with the purposes specified
in this paragraph.
(2) The lands referred to in paragraph (1) are the Federal lands
comprising approximately 226,711 acres in Imperial County, California,
as generally depicted on a map entitled ``Chocolate Mountain Aerial
Gunnery Range Proposed--Withdrawal'' dated November 1991 and filed in
accordance with section 3.
SEC. 3. MAPS AND LEGAL DESCRIPTIONS.
(a) Publication and Filing Requirement.--As soon as practicable
after the date of enactment of this Act, the Secretary of the Interior
shall--
(1) publish in the Federal Register a notice containing the
legal description of the lands withdrawn and reserved by this
Act; and
(2) file maps and the legal description of the lands
withdrawn and reserved by this Act with the Committee on Energy
and Natural Resources of the United States Senate and with the
Committee on Natural Resources of the United States House of
Representatives.
(b) Technical Corrections.--Such maps and legal descriptions shall
have the same force and effect as if they were included in this Act
except that the Secretary of the Interior may correct clerical and
typographical errors in such maps and legal descriptions.
(c) Availability for Public Inspection.--Copies of such maps and
legal descriptions shall be available for public inspection in the
Office of the Director of the Bureau of Land Management, Washington,
District of Columbia; the Office of the Director, California State
Office of the Bureau of Land Management, Sacramento, California; the
office of the commander of the Naval Weapons Center, China Lake,
California; the office of the commanding officer, Marine Corps Air
Station, Yuma, Arizona; and the Office of the Secretary of Defense,
Washington, District of Columbia.
(d) Reimbursement.--The Secretary of Defense shall reimburse the
Secretary of the Interior for the cost of implementing this section.
SEC. 4. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management by the Secretary of the Interior.--(1) Except as
provided in subsection (g), during the period of the withdrawal the
Secretary of the Interior shall manage the lands withdrawn under
section 2 pursuant to the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.) and other applicable law, including this
Act.
(2) To the extent consistent with applicable law and Executive
orders, the lands withdrawn under section 2 may be managed in a manner
permitting--
(A) the continuation of grazing pursuant to applicable law
and Executive orders where permitted on the date of enactment
of this Act;
(B) protection of wildlife and wildlife habitat;
(C) control of predatory and other animals;
(D) recreation (but only on lands withdrawn by section 2(a)
(relating to China Lake));
(E) the prevention and appropriate suppression of brush and
range fires resulting from nonmilitary activities; and
(F) geothermal leasing on the lands withdrawn under section
2(a) (relating to China Lake).
(3)(A) All nonmilitary use of such lands, including the uses
described in paragraph (2), shall be subject to such conditions and
restrictions as may be necessary to permit the military use of such
lands for the purposes specified in or authorized pursuant to this Act.
(B) The Secretary of the Interior may issue any lease, easement,
right-of-way, or other authorization with respect to the nonmilitary
use of such lands only with the concurrence of the Secretary of the
Navy.
(b) Closure to Public.--(1) If the Secretary of the Navy determines
that military operations, public safety, or national security require
the closure to public use of any road, trail, or other portion of the
lands withdrawn by this Act, the Secretary may take such action as the
Secretary determines necessary or desirable to effect and maintain such
closure.
(2) Any such closure shall be limited to the minimum areas and
periods which the Secretary of the Navy determines are required to
carry out this subsection.
(3) Before and during any closure under this subsection, the
Secretary of the Navy shall--
(A) keep appropriate warning notices posted; and
(B) take appropriate steps to notify the public concerning
such closures.
(c) Management Plan.--The Secretary of the Interior (after
consultation with the Secretary of the Navy) shall develop a plan for
the management of each area withdrawn under section 2 during the period
of such withdrawal. Each plan shall--
(1) be consistent with applicable law;
(2) be subject to conditions and restrictions specified in
subsection (a)(3);
(3) include such provisions as may be necessary for proper
management and protection of the resources and values of such
area; and
(4) be developed not later than three years after the date
of enactment of this Act.
(d) Brush and Range Fires.--The Secretary of the Navy shall take
necessary precautions to prevent and suppress brush and range fires
occurring within and outside the lands withdrawn under section 2 as a
result of military activities and may seek assistance from the Bureau
of Land Management in the suppression of such fires. The memorandum of
understanding required by subsection (e) shall provide for Bureau of
Land Management assistance in the suppression of such fires, and for a
transfer of funds from the Department of the Navy to the Bureau of Land
Management as compensation for such assistance.
(e) Memorandum of Understanding.--(1) The Secretary of the Interior
and the Secretary of the Navy shall (with respect to each land
withdrawal under section 2) enter into a memorandum of understanding to
implement the management plan developed under subsection (c). Any such
memorandum of understanding shall provide that the Director of the
Bureau of Land Management shall provide assistance in the suppression
of fires resulting from the military use of lands withdrawn under
section 2 if requested by the Secretary of the Navy.
(2) The duration of any such memorandum shall be the same as the
period of the withdrawal of the lands under section 2.
(f) Additional Military Uses.--(1) Lands withdrawn by section 2 may
be used for defense-related uses other than those specified in such
section. The Secretary of Defense shall promptly notify the Secretary
of the Interior in the event that the lands withdrawn by this Act will
be used for defense-related purposes other than those specified in
section 2. Such notification shall indicate the additional use or uses
involved, the proposed duration of such uses, and the extent to which
such additional military uses of the withdrawn lands will require that
additional or more stringent conditions or restrictions be imposed on
otherwise-permitted nonmilitary uses of the withdrawn land or portions
thereof.
(g) Management of China Lake.--(1) The Secretary of the Interior
may assign the management responsibility for the lands withdrawn under
section 2(a) to the Secretary of the Navy who shall manage such lands,
and issue leases, easements, rights-of-way, and other authorizations,
in accordance with this Act and cooperative management arrangements
between the Secretary of the Interior and the Secretary of the Navy. In
the case that the Secretary of the Interior assigns such management
responsibility to the Secretary of the Navy before the development of
the management plan under subsection (c), the Secretary of the Navy
(after consultation with the Secretary of the Interior) shall develop
such management plan.
(2) The Secretary of the Interior shall be responsible for the
issuance of any lease, easement, right-of-way, and other authorization
with respect to any activity which involves both the lands withdrawn
under section 2(a) and any other lands. Any such authorization shall be
issued only with the consent of the Secretary of the Navy and, to the
extent that such activity involves lands withdrawn under section 2(a),
shall be subject to such conditions as the Secretary of the Navy may
prescribe.
(3) The Secretary of the Navy shall prepare and submit to the
Secretary of the Interior an annual report on the status of the natural
and cultural resources and values of the lands withdrawn under section
2(a). The Secretary of the Interior shall transmit such report to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate.
(4) The Secretary of the Navy shall be responsible for the
management of wild horses and burros located on the lands withdrawn
under section 2(a) and may utilize helicopters and motorized vehicles
for such purposes. Such management shall be in accordance with laws
applicable to such management on public lands and with an appropriate
memorandum of understanding between the Secretary of the Interior and
the Secretary of the Navy.
(5) Neither this Act nor any other provision of law shall be
construed to prohibit the Secretary of the Interior from issuing and
administering any lease for the development and utilization of
geothermal steam and associated geothermal resources on the lands
withdrawn under section 2(a) pursuant to the Geothermal Steam Act of
1970 (30 U.S.C. 1001 et seq.) and other applicable law, but no such
lease shall be issued without the concurrence of the Secretary of the
Navy.
(6) This Act shall not affect the geothermal exploration and
development authority of the Secretary of the Navy under section 2689
of title 10, United States Code, except that the Secretary of the Navy
shall obtain the concurrence of the Secretary of the Interior before
taking action under that section with respect to the lands withdrawn
under section 2(a).
SEC. 5. DURATION OF WITHDRAWALS.
(a) Duration.--The withdrawal and reservation established by this
Act shall terminate 15 years after the date of enactment of this Act.
(b) Draft Environmental Impact Statement.--No later than 12 years
after the date of enactment of this Act, the Secretary of the Navy
shall publish a draft environmental impact statement concerning
continued or renewed withdrawal of any portion of the lands withdrawn
by this Act for which that Secretary intends to seek such continued or
renewed withdrawal. Such draft environmental impact statement shall be
consistent with the requirements of the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) applicable to such a draft
environmental impact statement. Prior to the termination date specified
in subsection (a), the Secretary of the Navy shall hold a public
hearing on any draft environmental impact statement published pursuant
to this subsection. Such hearing shall be held in the State of
California in order to receive public comments on the alternatives and
other matters included in such draft environmental impact statement.
(c) Extensions or Renewals.--The withdrawals established by this
Act may not be extended or renewed except by an Act or joint
resolution.
SEC. 6. ONGOING DECONTAMINATION.
(a) Program.--Throughout the duration of the withdrawals made by
this Act, the Secretary of the Navy, to the extent funds are made
available, shall maintain a program of decontamination of lands
withdrawn by this Act at least at the level of decontamination
activities performed on such lands in fiscal year 1986.
(b) Reports.--At the same time as the President transmits to the
Congress the President's proposed budget for the first fiscal year
beginning after the date of enactment of this Act and for each
subsequent fiscal year, the Secretary of the Navy shall transmit to the
Committees on Appropriations, Armed Services, and Energy and Natural
Resources of the Senate and to the Committees on Appropriations, Armed
Services, and Natural Resources of the House of Representatives a
description of the decontamination efforts undertaken during the
previous fiscal year on such lands and the decontamination activities
proposed for such lands during the next fiscal year including:
(1) amounts appropriated and obligated or expended for
decontamination of such lands;
(2) the methods used to decontaminate such lands;
(3) amount and types of contaminants removed from such
lands;
(4) estimated types and amounts of residual contamination
on such lands; and
(5) an estimate of the costs for full decontamination of
such lands and the estimate of the time to complete such
decontamination.
SEC. 7. REQUIREMENTS FOR RENEWAL.
(a) Notice and Filing.--(1) No later than three years prior to the
termination of the withdrawal and reservation established by this Act,
the Secretary of the Navy shall advise the Secretary of the Interior as
to whether or not the Secretary of the Navy will have a continuing
military need for any of the lands withdrawn under section 2 after the
termination date of such withdrawal and reservation.
(2) If the Secretary of the Navy concludes that there will be a
continuing military need for any of such lands after the termination
date, the Secretary shall file an application for extension of the
withdrawal and reservation of such needed lands in accordance with the
regulations and procedures of the Department of the Interior applicable
to the extension of withdrawals of lands for military uses.
(3) If, during the period of withdrawal and reservation, the
Secretary of the Navy decides to relinquish all or any of the lands
withdrawn and reserved by this Act, the Secretary shall file a notice
of intention to relinquish with the Secretary of the Interior.
(b) Contamination.--(1) Before transmitting a notice of intention
to relinquish pursuant to subsection (a), the Secretary of Defense,
acting through the Department of Navy, shall prepare a written
determination concerning whether and to what extent the lands that are
to be relinquished are contaminated with explosive, toxic, or other
hazardous materials.
(2) A copy of such determination shall be transmitted with the
notice of intention to relinquish.
(3) Copies of both the notice of intention to relinquish and the
determination concerning the contaminated state of the lands shall be
published in the Federal Register by the Secretary of the Interior.
(c) Decontamination.--If any land which is the subject of a notice
of intention to relinquish pursuant to subsection (a) is contaminated,
and the Secretary of the Interior, in consultation with the Secretary
of the Navy, determines that decontamination is practicable and
economically feasible (taking into consideration the potential future
use and value of the land) and that upon decontamination, the land
could be opened to operation of some or all of the public land laws,
including the mining laws, the Secretary of the Navy shall
decontaminate the land to the extent that funds are appropriated for
such purpose.
(d) Alternatives.--If the Secretary of the Interior, after
consultation with the Secretary of the Navy, concludes that
decontamination of any land which is the subject of a notice of
intention to relinquish pursuant to subsection (a) is not practicable
or economically feasible, or that the land cannot be decontaminated
sufficiently to be opened to operation of some or all of the public
land laws, or if Congress does not appropriate a sufficient amount of
funds for the decontamination of such land, the Secretary of the
Interior shall not be required to accept the land proposed for
relinquishment.
(e) Status of Contaminated Lands.--If, because of their
contaminated state, the Secretary of the Interior declines to accept
jurisdiction over lands withdrawn by this Act which have been proposed
for relinquishment, or if at the expiration of the withdrawal made by
this Act the Secretary of the Interior determines that some of the
lands withdrawn by this Act are contaminated to an extent which
prevents opening such contaminated lands to operation of the public
land laws--
(1) the Secretary of the Navy shall take appropriate steps
to warn the public of the contaminated state of such lands and
any risks associated with entry onto such lands;
(2) after the expiration of the withdrawal, the Secretary
of the Navy shall undertake no activities on such lands except
in connection with decontamination of such lands; and
(3) the Secretary of the Navy shall report to the Secretary
of the Interior and to the Congress concerning the status of
such lands and all actions taken in furtherance of this
subsection.
(f) Revocation Authority.--Notwithstanding any other provision of
law, the Secretary of the Interior, upon deciding that it is in the
public interest to accept jurisdiction over lands proposed for
relinquishment pursuant to subsection (a), is authorized to revoke the
withdrawal and reservation established by this Act as it applies to
such lands. Should the decision be made to revoke the withdrawal and
reservation, the Secretary of the Interior shall publish in the Federal
Register an appropriate order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdiction
over the lands by the Secretary of the Interior; and
(3) state the date upon which the lands will be opened to
the operation of some or all of the public lands laws,
including the mining laws.
SEC. 8. DELEGABILITY.
(a) Defense.--The functions of the Secretary of Defense or the
Secretary of the Navy under this Act may be delegated.
(b) Interior.--The functions of the Secretary of the Interior under
this Act may be delegated, except that an order described in section
7(f) may be approved and signed only by the Secretary of the Interior,
the Under Secretary of the Interior, or an Assistant Secretary of the
Department of the Interior.
SEC. 9. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn by this
Act shall be conducted in accordance with the provisions of section
2671 of title 10, United States Code.
SEC. 10. IMMUNITY OF UNITED STATES.
The United States and all departments or agencies thereof shall be
held harmless and shall not be liable for any injury or damage to
persons or property suffered in the course of any geothermal leasing or
other authorized nonmilitary activity conducted on lands described in
section 2 of this Act.
SEC. 11. EL CENTRO RANGES.
The Secretary of the Interior is authorized to permit the Secretary
of the Navy to use until January 1, 1994, the approximately 44,870
acres of public lands in Imperial County, California, known as the East
Mesa and West Mesa ranges, in accordance with the Memorandum of
Understanding dated June 29, 1987, between the Bureau of Land
Management, the Bureau of Reclamation, and the Department of the Navy.
Such use shall be consistent with such Memorandum of Understanding and
such additional terms and conditions as the Secretary of the Interior
may require in order to protect the natural, scientific, environmental,
cultural, and other resources and values of such lands and to minimize
the extent to which use of such lands for military purposes impedes or
restricts use of such or other public lands for other purposes. All
military uses of such lands shall cease on January 1, 1994, unless
authorized by subsequent Act of Congress.
SEC. 12. MILITARY OVERFLIGHTS.
(a) Disclaimer.--Nothing in this Act or the California Desert
Protection Act of 1993 shall preclude low-level overflights by military
aircraft, the designation of new units of special airspace, or the use
or establishment of military flight training routes over the new units
of the National Park or National Wilderness Preservation Systems (or
any additions to existing units of such Systems) designated by this Act
or the California Desert Protection Act of 1993.
(b) Monitoring.--The Secretary of the Interior shall monitor the
effects of aircraft overflights on the resources and values of the
units of the National Park System and National Wilderness Preservation
System designated or expanded by this Act or the California Desert
Protection Act of 1993, and on visitor enjoyment of such units. The
Secretary of the Interior shall actively seek the assistance of the
Secretary of Defense, consistent with national security needs, to
resolve concerns related to such overflights and to prevent, eliminate,
or minimize the derogation of resources and values and of visitor
enjoyment associated with overflight activities.
<all>
HR 880 IH----2
HR 880 IH----3
HR 880 IH----4
HR 880 IH----5