[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1169 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1169

To withdraw and reserve certain public land in the State of Montana for 
       the Limestone Hills Training Area, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 13, 2013

Mr. Baucus (for himself and Mr. Tester) introduced the following bill; 
   which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To withdraw and reserve certain public land in the State of Montana for 
       the Limestone Hills Training Area, 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 ``Limestone Hills Training Area 
Withdrawal Act of 2013''.

SEC. 2. WITHDRAWAL AND RESERVATION OF PUBLIC LANDS FOR LIMESTONE HILLS 
              TRAINING AREA, MONTANA.

    (a) Withdrawal.--Subject to valid existing rights and except as 
provided in this Act, the public lands and interests in lands described 
in subsection (c), and all other areas within the boundaries of such 
lands as depicted on the map provided for by subsection (d) that 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withdrawn from all forms of appropriation under the public land laws, 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 geothermal 
leasing laws.
    (b) Reservation; Purpose.--Subject to the limitations and 
restrictions contained in section 4, the public lands withdrawn by 
subsection (a) are reserved for use by the Secretary of the Army for 
the following purposes:
            (1) The conduct of training for active and reserve 
        components of the Armed Forces.
            (2) The construction, operation, and maintenance of 
        organizational support and maintenance facilities for component 
        units conducting training.
            (3) The conduct of training by the Montana Department of 
        Military Affairs, except that any such use may not interfere 
        with purposes specified in paragraphs (1) and (2).
            (4) The conduct of training by State and local law 
        enforcement agencies, civil defense organizations, and public 
        education institutions, except that any such use may not 
        interfere with military training activities.
            (5) Other defense-related purposes consistent with the 
        purposes specified in the preceding paragraphs.
    (c) Land Description.--The public lands and interests in lands 
withdrawn and reserved by this section comprise approximately 18,644 
acres in Broadwater County, Montana, as generally depicted as 
``Proposed Land Withdrawal'' on the map titled ``Limestone Hills 
Training Area Land Withdrawal'', dated April 10, 2013.
    (d) Legal Description and Map.--
            (1) In general.--As soon as practicable after the date of 
        the enactment of this Act, the Secretary of the Interior shall 
        publish in the Federal Register a legal description of the 
        public land withdrawn under subsection (a) and a copy of a map 
        depicting the legal description of the withdrawn land.
            (2) Force of law.--The legal description and map published 
        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 errors in the legal description.
            (3) Reimbursement of costs.--The Secretary of the Army 
        shall reimburse the Secretary of the Interior for any costs 
        incurred by the Secretary of the Interior in implementing this 
        subsection.
    (e) Indian Tribes.--Nothing in this Act shall be construed as 
altering any rights reserved for an Indian tribe for tribal use of 
lands within the military land withdrawal by treaty or Federal law. The 
Secretary of the Army shall consult with any Indian tribes in the 
vicinity of the military land withdrawal before taking action within 
the military land withdrawal affecting tribal rights or cultural 
resources protected by treaty or Federal law.

SEC. 3. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.

    During the period of the withdrawal and reservation specified in 
section 6, the Secretary of the Army shall manage the public lands 
withdrawn by section 2 for the purposes specified in subsection (b) of 
such section, subject to the limitations and restrictions contained in 
section 4.

SEC. 4. SPECIAL RULES GOVERNING MINERALS MANAGEMENT.

    (a) Indian Creek Mine.--
            (1) In general.--Of the lands withdrawn by section 2, 
        locatable mineral activities in the approved Indian Creek Mine 
        plan of operations, MTM-78300, shall be regulated pursuant to 
        subparts 3715 and 3809 of title 43, Code of Federal 
        Regulations.
            (2) Restrictions on secretary of the army.--The Secretary 
        of the Army shall make no determination that the disposition of 
        or exploration for minerals as provided for in the approved 
        plan of operations is inconsistent with the defense-related 
        uses of the lands covered by the military land withdrawal. The 
        coordination of such disposition of and exploration for 
        minerals with defense-related uses of such lands shall be 
        determined pursuant to procedures in an agreement provided for 
        under subsection (c).
            (3) Opportunity to cure.--Notwithstanding the Act of May 
        10, 1872 (commonly known as the ``General Mining Act of 1872'') 
        (20 U.S.C. 22 et seq.) and only until the Secretary of the 
        Interior publishes an opening order under section 13, the 
        Secretary of the Interior shall offer a notice and 60-day 
        opportunity to cure discrepancies in the original location or 
        the failure to maintain mining claims within the land area 
        subject to the approved plan of operations.
    (b) Removal of Unexploded Ordnance on Lands To Be Mined.--
            (1) Removal activities.--Subject to the availability of 
        funds appropriated for such purpose, the Secretary of the Army 
        shall remove unexploded ordnance on lands withdrawn by section 
        2 that are subject to mining under subsection (a), consistent 
        with applicable Federal and State law. The Secretary of the 
        Army may engage in such removal of unexploded ordnance in 
        phases to accommodate the development of the Indian Creek Mine 
        pursuant to subsection (a).
            (2) Report on removal activities.--The Secretary of the 
        Army shall annually submit to the Secretary of the Interior a 
        report regarding the unexploded ordnance removal activities for 
        the previous fiscal year performed pursuant to this subsection. 
        The report shall include--
                    (A) the amounts of funding expended for unexploded 
                ordnance removal on the lands withdrawn by section 2; 
                and
                    (B) the identification of the lands cleared of 
                unexploded ordnance and approved for mining activities 
                by the Secretary of the Interior.
    (c) Implementation Agreement for Mining Activities.--The Secretary 
of the Interior and the Secretary of the Army shall enter into an 
agreement to implement this section with regard to coordination of 
defense-related uses and mining and the ongoing removal of unexploded 
ordnance. The duration of the agreement shall be the same as the period 
of the withdrawal under section 2, but may be amended from time to 
time. The agreement shall provide the following:
            (1) That Graymont Western US, Inc., or any successor or 
        assign of the approved Indian Creek Mine mining plan of 
        operations, MTM-78300, is invited to be a party to the 
        agreement.
            (2) Provisions regarding the day-to-day joint-use of the 
        Limestone Hills Training Area.
            (3) Provisions addressing when military and other 
        authorized uses of the withdrawn lands will occur.
            (4) Provisions regarding when and where military use or 
        training with explosive material will occur.
            (5) Provisions regarding the scheduling of training 
        activities conducted within the withdrawn area that restrict 
        mining activities and procedures for deconfliction with mining 
        operations, including parameters for notification and 
        resolution of anticipated changes to the schedule.
            (6) Provisions regarding liability and compensation for 
        damages or injury caused by mining or military training 
        activities.
            (7) Provisions for periodic review of the agreement for its 
        adequacy, effectiveness, and need for revision.
            (8) Procedures for access through mining operations covered 
        by this section to training areas within the boundaries of the 
        Limestone Hills Training Area.
            (9) Procedures for scheduling of the removal of unexploded 
        ordnance.
    (d) Existing Memorandum of Agreement.--Until such time as the 
agreement required under subsection (c) becomes effective, the 
compatible joint use of the lands withdrawn and reserved by section 2 
shall be governed, to the extent compatible, by the terms of the 2005 
Memorandum of Agreement among the Montana Army National Guard, Graymont 
Western US, Inc., and the Bureau of Land Management.

SEC. 5. GRAZING.

    (a) Issuance and Administration of Permits and Leases.--The 
issuance and administration of grazing permits and leases, including 
their renewal, on the public lands withdrawn by section 2 shall be 
managed by the Secretary of the Interior consistent with all applicable 
laws, regulations, and policies of the Secretary of the Interior 
relating to such permits and leases.
    (b) Safety Requirements.--With respect to any grazing permit or 
lease issued after the date of the enactment of this Act for lands 
withdrawn by section 2, the Secretary of the Interior and the Secretary 
of the Army shall jointly establish procedures that are consistent with 
Department of the Army explosive and range safety standards and that 
provide for the safe use of any such lands.
    (c) Assignment.--The Secretary of the Interior may, with the 
agreement of the Secretary of the Army, assign the authority to issue 
and to administer grazing permits and leases to the Secretary of the 
Army, except that such an assignment may not include the authority to 
discontinue grazing on the lands withdrawn by section 2.

SEC. 6. DURATION OF WITHDRAWAL AND RESERVATION.

    The military land withdrawal made by section 2 shall terminate on 
March 31, 2039.

SEC. 7. PAYMENTS IN LIEU OF TAXES.

    The lands withdrawn by section 2 shall remain eligible as 
entitlement land under section 6901 of title 31, United States Code.

SEC. 8. HUNTING, FISHING AND TRAPPING.

    All hunting, fishing and trapping on the lands withdrawn by section 
2 shall be conducted in accordance with section 2671 of title 10, 
United States Code.

SEC. 9. 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 
        withdrawn by section 2; or
            (2) to authorize the appropriation of water on lands 
        withdrawn by section 2, 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.

SEC. 10. BRUSH AND RANGE FIRE PREVENTION AND SUPPRESSION.

    (a) Required Activities.--The Secretary of the Army shall, 
consistent with any applicable land management plan, take necessary 
precautions to prevent, and actions to suppress, brush and range fires 
occurring as a result of military activities on the lands withdrawn and 
reserved by section 2, including fires outside those lands that spread 
from the withdrawn land and which occurred as a result of such 
activities.
    (b) Cooperation of Secretary of the Interior.--At the request of 
the Secretary of the Army, the Secretary of the Interior shall provide 
assistance in the suppression of such fires and shall be reimbursed for 
such assistance by the Secretary of the Army. Notwithstanding section 
2215 of title 10, United States Code, the Secretary of the Army may 
transfer to the Secretary of the Interior, in advance, funds to 
reimburse the costs of the Department of the Interior in providing such 
assistance.

SEC. 11. ON-GOING DECONTAMINATION.

    During the withdrawal and reservation authorized by section 2, the 
Secretary of the Army shall maintain, to the extent funds are available 
for such purpose, a program of decontamination of contamination caused 
by defense-related uses on such lands consistent with applicable 
Federal and State law. 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.

SEC. 12. APPLICATION FOR RENEWAL OF A WITHDRAWAL AND RESERVATION.

    (a) Notice.--To the extent practicable, no later than five years 
before the termination of the withdrawal and reservation made by 
section 2, the Secretary of the Army shall notify the Secretary of the 
Interior whether the Secretary of the Army will have a continuing 
defense-related need for any of the lands withdrawn and reserved by 
section 2 after the termination date of such withdrawal and 
reservation. The Secretary of the Army shall provide a copy of the 
notice to the Committee on Armed Services and the Committee on Energy 
and Natural Resources of the Senate and the Committee on Armed Services 
and the Committee on Natural Resources of the House of Representatives.
    (b) Filing for Extension.--If the Secretary of the Army concludes 
that there will be a continuing defense-related need for any of the 
withdrawn and reserved lands after the termination date, the Secretary 
of the Army 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 and reservations.

SEC. 13. LIMITATION ON SUBSEQUENT AVAILABILITY OF LANDS FOR 
              APPROPRIATION.

    At the time of termination of a withdrawal and reservation made by 
section 2, the previously withdrawn lands shall not be open to any form 
of appropriation under the public land laws, including the mining laws 
and the mineral leasing and geothermal leasing laws, until the 
Secretary of the Interior publishes in the Federal Register an 
appropriate order specifying the date upon which such lands shall be 
restored to the public domain and opened for such purposes.

SEC. 14. RELINQUISHMENT.

    (a) Notice of Intention To Relinquish.--If, during the period of 
withdrawal and reservation under section 2, the Secretary of the Army 
decides to relinquish any or all of the lands withdrawn and reserved, 
the Secretary of the Army shall file a notice of intention to 
relinquish with the Secretary of the Interior.
    (b) Determination of Contamination.--As a part of the notice under 
subsection (a), the Secretary of the Army shall include a written 
determination concerning whether and to what extent the lands that are 
to be relinquished are contaminated with explosive materials or toxic 
or hazardous substances.
    (c) Public Notice.--The Secretary of the Interior shall publish in 
the Federal Register the notice of intention to relinquish, including 
the determination concerning the contaminated state of the lands.
    (d) Decontamination of Lands To Be Relinquished.--
            (1) Conditions requiring decontamination.--If land 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 Army, 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 and the mineral leasing and 
        geothermal leasing laws, the Secretary of the Army shall 
        decontaminate the land to the extent that funds are 
        appropriated for such purpose.
            (2) Discretion if conditions not met.--If the Secretary of 
        the Interior, after consultation with the Secretary of the 
        Army, concludes that decontamination of land 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 sufficient funds for the decontamination of such 
        land, the Secretary of the Interior shall not be required to 
        accept the land proposed for relinquishment.
            (3) Response.--If the Secretary of the Interior declines to 
        accept the lands that have been proposed for relinquishment 
        because of their contaminated state, or if at the expiration of 
        the withdrawal and reservation made by section 2 the Secretary 
        of the Interior determines that some of the lands withdrawn and 
        reserved are contaminated to an extent which prevents opening 
        such contaminated lands to operation of the public land laws--
                    (A) the Secretary of the Army shall take 
                appropriate steps to warn the public of the 
                contaminated state of such lands and any risks 
                associated with entry onto such lands;
                    (B) after the expiration of the withdrawal and 
                reservation, the Secretary of the Army shall undertake 
                no activities on such lands except in connection with 
                decontamination of such lands; and
                    (C) the Secretary of the Army 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 paragraph.
    (e) Revocation Authority.--Upon deciding that it is in the public 
interest to accept the lands proposed for relinquishment pursuant to 
subsection (a), the Secretary of the Interior may order the revocation 
of the withdrawal and reservation made by section 2 as it applies to 
such lands. The Secretary of the Interior shall publish in the Federal 
Register the revocation order, which shall--
            (1) terminate the withdrawal and reservation;
            (2) constitute official acceptance of 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 land laws, including 
        the mining laws.
    (f) Acceptance by Secretary of the Interior.--Nothing in this 
section shall be construed to require the Secretary of the Interior to 
accept the lands proposed for relinquishment if the Secretary 
determines that such lands are not suitable for return to the public 
domain. If the Secretary makes such a determination, the Secretary 
shall provide notice of the determination to Congress.
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