[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1691 Reported in House (RH)]

                                                  Union Calendar No. 89
113th CONGRESS
  1st Session
                                H. R. 1691

                      [Report No. 113-124, Part I]

     To provide for the transfer of certain public land currently 
  administered by the Bureau of Land Management to the administrative 
    jurisdiction of the Secretary of the Navy for inclusion in the 
  Chocolate Mountain Aerial Gunnery Range, California, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 23, 2013

  Mr. Vargas 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

   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 the introduced bill, see bill as introduced on April 23, 
                                 2013]


_______________________________________________________________________

                                 A BILL


 
     To provide for the transfer of certain public land currently 
  administered by the Bureau of Land Management to the administrative 
    jurisdiction of the Secretary of the Navy for inclusion in the 
  Chocolate Mountain Aerial Gunnery Range, California, 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.

    This Act may be cited as the ``Chocolate Mountain Aerial Gunnery 
Range Transfer Act of 2013''.

SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION, CHOCOLATE MOUNTAIN 
              AERIAL GUNNERY RANGE, CALIFORNIA.

    (a) Transfer Required.--The Secretary of the Interior shall 
transfer to the administrative jurisdiction of the Secretary of the 
Navy certain public land administered by the Bureau of Land Management 
in Imperial and Riverside Counties, California, consisting of 
approximately 226,711 acres, as generally depicted on the map titled 
``Chocolate Mountain Aerial Gunnery Range Proposed-Withdrawal'' dated 
1987 (revised July 1993), and identified as WESTDIV Drawing No. C-
102370, which was prepared by the Naval Facilities Engineering Command 
of the Department of the Navy and is on file with the California State 
Office of the Bureau of Land Management.
    (b) Valid Existing Rights.--The transfer of administrative 
jurisdiction under subsection (a) shall be subject to any valid 
existing rights, including any property, easements, or improvements 
held by the Bureau of Reclamation and appurtenant to the Coachella 
Canal. The Secretary of the Navy shall provide for reasonable access by 
the Bureau of Reclamation for inspection and maintenance purposes not 
inconsistent with military training.
    (c) Time for Conveyance.--The transfer of administrative 
jurisdiction under subsection (a) shall occur pursuant to a schedule 
agreed to by the Secretary of the Interior and the Secretary of the 
Navy, but in no case later than the date of the completion of the 
boundary realignment required by section 4.
    (d) Map and Legal Description.--
            (1) Preparation and publication.--The Secretary of the 
        Interior shall publish in the Federal Register a legal 
        description of the public land to be transferred under 
        subsection (a).
            (2) Submission to congress.--The Secretary of the Interior 
        shall file with the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Natural Resources of the 
        House of Representatives--
                    (A) a copy of the legal description prepared under 
                paragraph (1); and
                    (B) a map depicting the legal description of the 
                transferred public land.
            (3) Availability for public inspection.--Copies of the 
        legal description and map filed under paragraph (2) shall be 
        available for public inspection in the appropriate offices of--
                    (A) the Bureau of Land Management;
                    (B) the Office of the Commanding Officer, Marine 
                Corps Air Station Yuma, Arizona;
                    (C) the Office of the Commander, Navy Region 
                Southwest; and
                    (D) the Office of the Secretary of the Navy.
            (4) Force of law.--The legal description and map filed 
        under paragraph (2) 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 or map.
            (5) Reimbursement of costs.--The transfer required by 
        subsection (a) shall be made without reimbursement, except that 
        the Secretary of the Navy shall reimburse the Secretary of the 
        Interior for any costs incurred by the Secretary of the 
        Interior to prepare the legal description and map under this 
        subsection.

SEC. 3. MANAGEMENT AND USE OF TRANSFERRED LAND.

    (a) Use of Transferred Land.--Upon the receipt of the land under 
section 2, the Secretary of the Navy shall administer the land as the 
Chocolate Mountain Aerial Gunnery Range, California, and continue to 
authorize use of the land for military purposes.
    (b) Protection of Desert Tortoise.--Nothing in the transfer 
required by section 2 shall affect the prior designation of certain 
lands within the Chocolate Mountain Aerial Gunnery Range as critical 
habitat for the desert tortoise (Gopherus Agassizii).
    (c) Withdrawal of Mineral Estate.--Subject to valid existing 
rights, the mineral estate of the land to be transferred under section 
2 are withdrawn from all forms of appropriation under the public land 
laws, including the mining laws and the mineral and geothermal leasing 
laws, for as long as the land is under the administrative jurisdiction 
of the Secretary of the Navy.
    (d) Integrated Natural Resources Management Plan.--Not later than 
one year after the transfer of the land under section 2, the Secretary 
of the Navy, in cooperation with the Secretary of the Interior, shall 
prepare an integrated natural resources management plan pursuant to the 
Sikes Act (16 U.S.C. 670a et seq.) for the transferred land and for 
land that, as of the date of the enactment of this Act, is under the 
jurisdiction of the Secretary of the Navy underlying the Chocolate 
Mountain Aerial Gunnery Range.

SEC. 4. REALIGNMENT OF RANGE BOUNDARY AND RELATED TRANSFER OF TITLE.

    (a) Realignment; Purpose.--The Secretary of the Interior and the 
Secretary of the Navy shall realign the boundary of the Chocolate 
Mountain Aerial Gunnery Range, as in effect on the date of the 
enactment of this Act, to improve public safety and management of the 
Range, consistent with the following:
            (1) The northwestern boundary of the Chocolate Mountain 
        Aerial Gunnery Range shall be realigned to the edge of the 
        Bradshaw Trail so that the Trail is entirely on public land 
        under the jurisdiction of the Department of the Interior.
            (2) The centerline of the Bradshaw Trail shall be 
        delineated by the Secretary of the Interior in consultation 
        with the Secretary of the Navy, beginning at its western 
        terminus at Township 8 South, Range 12 East, Section 6 eastward 
        to Township 8 South, Range 17 East, Section 32 where it leaves 
        the Chocolate Mountain Aerial Gunnery Range.
    (b) Transfers Related to Realignment.--The Secretary of the 
Interior and the Secretary of the Navy shall make such transfers of 
administrative jurisdiction as may be necessary to reflect the results 
of the boundary realignment carried out pursuant to subsection (a).
    (c) Applicability of National Environmental Policy Act of 1969.--
The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
shall not apply to any transfer of land made under subsection (b) or 
any decontamination actions undertaken in connection with such a 
transfer.
    (d) Decontamination.--The Secretary of the Navy shall maintain, to 
the extent funds are available for such purpose and consistent with 
applicable Federal and State law, a program of decontamination of any 
contamination caused by defense-related uses on land transferred under 
subsection (b). The Secretary of Defense shall include a description of 
such decontamination activities in the annual report required by 
section 2711 of title 10, United States Code.
    (e) Timeline.--The delineation of the Bradshaw Trail under 
subsection (a) and any transfer of land under subsection (b) shall 
occur pursuant to a schedule agreed to by the Secretary of the Interior 
and the Secretary of the Navy, but in no case later than two years 
after the date of the enactment of this Act.

SEC. 5. EFFECT OF TERMINATION OF MILITARY USE.

    (a) Notice and Effect.--Upon a determination by the Secretary of 
the Navy that there is no longer a military need for all or portions of 
the land transferred under section 2, the Secretary of the Navy shall 
notify the Secretary of the Interior of such determination. Subject to 
subsections (b), (c), and (d), the Secretary of the Navy shall transfer 
the land subject to such a notice back to the administrative 
jurisdiction of the Secretary of the Interior.
    (b) Contamination.--Before transmitting a notice under subsection 
(a), the Secretary of the Navy shall prepare a written determination 
concerning whether and to what extent the land to be transferred are 
contaminated with explosive, toxic, or other hazardous materials. A 
copy of the determination shall be transmitted with the notice. Copies 
of the notice and the determination shall be published in the Federal 
Register.
    (c) Decontamination.--The Secretary of the Navy shall decontaminate 
any contaminated land that is the subject of a notice under subsection 
(a) if--
            (1) the Secretary of the Interior, in consultation with the 
        Secretary of the Navy, determines that--
                    (A) decontamination is practicable and economically 
                feasible (taking into consideration the potential 
                future use and value of the land); and
                    (B) upon decontamination, the land could be opened 
                to operation of some or all of the public land laws, 
                including the mining laws; and
            (2) funds are appropriated for such decontamination.
    (d) Alternative.--The Secretary of the Interior is not required to 
accept land proposed for transfer under subsection (a) if the Secretary 
of the Interior is unable to make the determinations under subsection 
(c)(1) or if Congress does not appropriate a sufficient amount of funds 
for the decontamination of the land.

SEC. 6. TEMPORARY EXTENSION OF EXISTING WITHDRAWAL PERIOD.

    Notwithstanding subsection (a) of section 806 of the California 
Military Lands Withdrawal and Overflights Act of 1994 (title VIII of 
Public Law 103-433; 108 Stat. 4505), the withdrawal and reservation of 
the land transferred under section 2 of this Act shall not terminate 
until the date on which the land transfer required by section 2 is 
executed.

SEC. 7. 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.
                                                  Union Calendar No. 89

113th CONGRESS

  1st Session

                               H. R. 1691

                      [Report No. 113-124, Part I]

_______________________________________________________________________

                                 A BILL

     To provide for the transfer of certain public land currently 
  administered by the Bureau of Land Management to the administrative 
    jurisdiction of the Secretary of the Navy for inclusion in the 
  Chocolate Mountain Aerial Gunnery Range, California, and for other 
                               purposes.

_______________________________________________________________________

                             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