[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2383 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 625
114th CONGRESS
  2d Session
                                S. 2383

                          [Report No. 114-349]

To withdraw certain Bureau of Land Management land in the State of Utah 
   from all forms of public appropriation, to provide for the shared 
 management of the withdrawn land by the Secretary of the Interior and 
 the Secretary of the Air Force to facilitate enhanced weapons testing 
 and pilot training, enhance public safety, and provide for continued 
  public access to the withdrawn land, to provide for the exchange of 
      certain Federal land and State land, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 10, 2015

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

                           September 13, 2016

              Reported by Ms. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To withdraw certain Bureau of Land Management land in the State of Utah 
   from all forms of public appropriation, to provide for the shared 
 management of the withdrawn land by the Secretary of the Interior and 
 the Secretary of the Air Force to facilitate enhanced weapons testing 
 and pilot training, enhance public safety, and provide for continued 
  public access to the withdrawn land, to provide for the exchange of 
      certain Federal land and State land, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Utah Test 
and Training Range Encroachment Prevention and Temporary Closure 
Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
             <DELETED>TITLE I--UTAH TEST AND TRAINING RANGE

<DELETED>Sec. 101. Management of BLM land.
<DELETED>Sec. 102. Temporary closures.
<DELETED>Sec. 103. Community resource group.
<DELETED>Sec. 104. Liability.
<DELETED>Sec. 105. Effects of title.
                    <DELETED>TITLE II--LAND EXCHANGE

<DELETED>Sec. 201. Findings and purpose.
<DELETED>Sec. 202. Definitions.
<DELETED>Sec. 203. Exchange of Federal land and non-Federal land.
<DELETED>Sec. 204. Status and management of non-Federal land after 
                            exchange.
<DELETED>Sec. 205. Hazardous materials.
               <DELETED>TITLE III--HIGHWAY RIGHTS-OF-WAY

<DELETED>Sec. 301. Recognition and transfer of certain highway rights-
                            of-way.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the testing and development of military 
        weapons systems and the training of military forces are 
        critical to ensuring the national security of the United 
        States;</DELETED>
        <DELETED>    (2) the Utah Test and Training Range is a unique 
        and irreplaceable national asset at the core of the test and 
        training mission of the Department of Defense;</DELETED>
        <DELETED>    (3) continued access to the special use airspace 
        and land that comprise the Utah Test and Training Range, under 
        the terms and conditions described in this Act is a national 
        security priority;</DELETED>
        <DELETED>    (4) multiple use of, sustained yield activities 
        on, and access to the BLM land are vital to the customs, 
        culture, economy, ranching, grazing, and transportation 
        interests of the counties in which the BLM land is situated; 
        and</DELETED>
        <DELETED>    (5) the limited use by the military of the BLM 
        land and airspace above the BLM land is vital to improving and 
        maintaining the readiness of the Armed Forces.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) BLM land.--The term ``BLM land'' means the 
        Bureau of Land Management land in the State comprising 
        approximately 625,643 acres, as generally depicted on the map 
        entitled ``Utah Test and Training Range Enhancement/West Desert 
        Land Exchange'' and dated October 28, 2015.</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (3) State.--The term ``State'' means the State of 
        Utah.</DELETED>
        <DELETED>    (4) Utah test and training range.--</DELETED>
                <DELETED>    (A) In general.--The term ``Utah Test and 
                Training Range'' means the portions of the military 
                land and airspace operating area of the Utah Test and 
                Training Area that are located in the State.</DELETED>
                <DELETED>    (B) Inclusion.--The term ``Utah Test and 
                Training Range'' includes the Dugway Proving 
                Ground.</DELETED>

        <DELETED>TITLE I--UTAH TEST AND TRAINING RANGE</DELETED>

<DELETED>SEC. 101. MANAGEMENT OF BLM LAND.</DELETED>

<DELETED>    (a) Memorandum of Agreement.--</DELETED>
        <DELETED>    (1) Draft.--</DELETED>
                <DELETED>    (A) In general.--Not later than 90 days 
                after the date of enactment of this Act, the Secretary 
                and the Secretary of the Air Force shall complete a 
                draft of the memorandum of agreement required under 
                paragraph (2).</DELETED>
                <DELETED>    (B) Public comment period.--During the 30-
                day period beginning on the date on which the draft 
                memorandum of agreement is completed under subparagraph 
                (A), there shall be an opportunity for public comment 
                on the draft memorandum of agreement, including an 
                opportunity for the Utah Test and Training Range 
                Community Resource Group established under section 
                103(a) to provide comments on the draft memorandum of 
                agreement.</DELETED>
        <DELETED>    (2) Requirement; deadline.--</DELETED>
                <DELETED>    (A) In general.--Not later than 180 days 
                after the date of enactment of this Act, the Secretary 
                and the Secretary of the Air Force shall enter into a 
                memorandum of agreement that provides for the continued 
                management of the BLM land by the Secretary, in a 
                manner that provides for the limited use of the BLM 
                land by the Secretary of the Air Force, consistent with 
                this Act.</DELETED>
                <DELETED>    (B) Signatures required.--The terms of the 
                memorandum of agreement, including a temporary closure 
                of the BLM land under the memorandum of agreement, may 
                not be carried out until the date on which all parties 
                to the memorandum of agreement have signed the 
                memorandum of agreement.</DELETED>
        <DELETED>    (3) Management by secretary.--The memorandum of 
        agreement under paragraph (2) shall provide that the Secretary 
        (acting through the Director of the Bureau of Land Management) 
        shall continue to manage the BLM land--</DELETED>
                <DELETED>    (A) as land described in section 
                6901(1)(B) of title 31, United States Code;</DELETED>
                <DELETED>    (B) for multiple use and sustained yield 
                goals and activities as required under sections 
                102(a)(7) and 202(c)(1) of the Federal Land Policy and 
                Management Act of 1976 (43 U.S.C. 1701(a)(7), 
                1712(c)(1)) and defined in sections 103 of that Act (43 
                U.S.C. 1702), including all principal or major uses on 
                Federal land recognized pursuant to the definition of 
                the term in section 103 of that Act (43 U.S.C. 
                1702);</DELETED>
                <DELETED>    (C) in accordance with section 202 of the 
                Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1712); and</DELETED>
                <DELETED>    (D) subject to use by the Secretary of the 
                Air Force provided under section 102 for--</DELETED>
                        <DELETED>    (i) the preservation of the Utah 
                        Test and Training Range against current and 
                        future encroachments that the Secretary of the 
                        Air Force finds to be incompatible with current 
                        and future test and training 
                        requirements;</DELETED>
                        <DELETED>    (ii) the testing of--</DELETED>
                                <DELETED>    (I) advanced weapon 
                                systems, including current weapons 
                                systems, 5th generation weapon systems, 
                                and future weapon systems; 
                                and</DELETED>
                                <DELETED>    (II) the standoff distance 
                                for weapons;</DELETED>
                        <DELETED>    (iii) the testing and evaluation 
                        of hypersonic weapons;</DELETED>
                        <DELETED>    (iv) increased public safety for 
                        civilians accessing the BLM land; and</DELETED>
                        <DELETED>    (v) other purposes relating to 
                        meeting national security needs.</DELETED>
<DELETED>    (b) Map.--The Secretary may correct any minor errors in 
the map described in section 3(1).</DELETED>
<DELETED>    (c) Land Use Plans.--Any land use plan in existence on the 
date of enactment of this Act that applies to the BLM land shall 
continue to apply to the BLM land.</DELETED>
<DELETED>    (d) Maintain Current Uses.--</DELETED>
        <DELETED>    (1) In general.--Notwithstanding subsection 
        (a)(3)(D), the memorandum of agreement entered into under 
        subsection (a) and the land use plans described in subsection 
        (c) shall not diminish any major or principle use that is 
        recognized pursuant to section 103(l) of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702(l)), except 
        to the extent authorized in subsection (a).</DELETED>
        <DELETED>    (2) Actions by secretary of the air force.--The 
        Secretary of the Air Force shall--</DELETED>
                <DELETED>    (A) if corrective action is necessary due 
                to an action of the Air Force, as determined by the 
                Secretary of the Air Force, render the BLM land safe 
                for public use; and</DELETED>
                <DELETED>    (B) appropriately communicate the safety 
                of the land to the Secretary once the BLM land is 
                rendered safe for public use.</DELETED>
<DELETED>    (e) Grazing.--</DELETED>
        <DELETED>    (1) New grazing leases and permits.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall issue 
                and administer any new grazing lease or permit on the 
                BLM land, in accordance with applicable law (including 
                regulations) and other authorities applicable to 
                livestock grazing on Bureau of Land Management 
                land.</DELETED>
                <DELETED>    (B) Non-federal land levels.--The 
                Secretary (acting through the Director of the Bureau of 
                Land Management) shall continue to issue and administer 
                livestock grazing leases and permits on the non-Federal 
                land described in section 202(3), subject to the 
                requirements described in subparagraphs (A) through (C) 
                of paragraph (2).</DELETED>
        <DELETED>    (2) Existing grazing leases and permits.--Any 
        livestock grazing lease or permit applicable to the BLM land 
        that is in existence on the date of enactment of this Act shall 
        continue in effect--</DELETED>
                <DELETED>    (A) at the number of permitted animal unit 
                months authorized under current applicable land use 
                plans;</DELETED>
                <DELETED>    (B) if range conditions permit, at levels 
                greater than the level of active use; and</DELETED>
                <DELETED>    (C) subject to such reasonable increases 
                and decreases of active use of animal unit months and 
                other reasonable regulations, policies, and practices 
                as the Secretary may consider appropriate based on 
                rangeland conditions.</DELETED>
<DELETED>    (f) Memorandum of Understanding on Emergency Access and 
Response.--Nothing in this section precludes the continuation of the 
memorandum of understanding that is between the Department of the 
Interior and the Department of the Air Force with respect to emergency 
access and response, as in existence as of the date of enactment of 
this Act.</DELETED>
<DELETED>    (g) Withdrawal.--Subject to valid existing rights, the BLM 
land is withdrawn from all forms of appropriation under the public land 
laws, including the mining laws, the mineral leasing laws, and the 
geothermal leasing laws.</DELETED>
<DELETED>    (h) Limitation on Future Rights-of-Way or Use Permits.--
The Secretary may not issue any new use permits or rights-of-way on the 
BLM land for any purposes that the Secretary of the Air Force 
determines to be incompatible with current or projected military 
requirements, with consideration given to the rangeland improvements 
under section 105(h).</DELETED>
<DELETED>    (i) Grazing and Ranching.--Efforts described in this Act 
to facilitate grazing and ranching on the BLM land and the non-Federal 
land described in section 202(3) shall be considered to be compatible 
with mission requirements of the Utah Test and Training 
Range.</DELETED>

<DELETED>SEC. 102. TEMPORARY CLOSURES.</DELETED>

<DELETED>    (a) In General.--If the Secretary of the Air Force 
determines that military operations (including operations relating to 
the fulfillment of the mission of the Utah Test and Training Range), 
public safety, or national security require the temporary closure to 
public use of any road, trail, or other portion of the BLM land, the 
Secretary of the Air Force may take such action as the Secretary of the 
Air Force determines necessary to carry out the temporary 
closure.</DELETED>
<DELETED>    (b) Limitations.--Any temporary closure under subsection 
(a)--</DELETED>
        <DELETED>    (1) shall be limited to the minimum areas and 
        periods during which the Secretary of the Air Force determines 
        are required to carry out a closure under this 
        section;</DELETED>
        <DELETED>    (2) shall not occur on a State or Federal holiday, 
        unless notice is provided in accordance with subsection 
        (c)(1)(B);</DELETED>
        <DELETED>    (3) shall not occur on a Friday, Saturday, or 
        Sunday, unless notice is provided in accordance with subsection 
        (c)(1)(B); and</DELETED>
        <DELETED>    (4)(A) if practicable, shall be for not longer 
        than a 3-hour period per day;</DELETED>
        <DELETED>    (B) shall only be for longer than a 3-hour period 
        per day--</DELETED>
                <DELETED>    (i) for mission essential reasons; 
                and</DELETED>
                <DELETED>    (ii) as infrequently as practicable and in 
                no case for more than 10 days per year; and</DELETED>
        <DELETED>    (C) shall in no case be for longer than a 6-hour 
        period per day.</DELETED>
<DELETED>    (c) Notice.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), the Secretary of the Air Force shall--</DELETED>
                <DELETED>    (A) keep appropriate warning notices 
                posted before and during any temporary closure; 
                and</DELETED>
                <DELETED>    (B) provide notice to the Secretary, 
                public, and relevant stakeholders concerning the 
                temporary closure--</DELETED>
                        <DELETED>    (i) at least 30 days before the 
                        date on which the temporary closure goes into 
                        effect;</DELETED>
                        <DELETED>    (ii) in the case of a closure 
                        during the period beginning on March 1 and 
                        ending on May 31, at least 60 days before the 
                        date on which the closure goes into effect; 
                        or</DELETED>
                        <DELETED>    (iii) in the case of a closure 
                        described in paragraph (3) or (4) of subsection 
                        (b), at least 90 days before the date on which 
                        the closure goes into effect.</DELETED>
        <DELETED>    (2) Special notification procedures.--In each case 
        for which a mission-unique security requirement does not allow 
        for the notifications described in paragraph (1)(B), the 
        Secretary of the Air Force shall work with the Secretary to 
        achieve a mutually agreeable timeline for 
        notification.</DELETED>
<DELETED>    (d) Maximum Annual Closures.--The total cumulative hours 
of temporary closures authorized under this section with respect to the 
BLM land shall not exceed 100 hours annually.</DELETED>
<DELETED>    (e) Prohibition on Certain Temporary Closures.--The 
northernmost area identified as ``Newfoundland's'' on the map described 
in section 3(1) shall not be subject to any temporary closure between 
August 21 and February 28, in accordance with the lawful hunting 
methods and seasons of the State of Utah.</DELETED>
<DELETED>    (f) Emergency Ground Response.--A temporary closure of a 
portion of the BLM land shall not affect the conduct of emergency 
response activities on the BLM land during the temporary 
closure.</DELETED>
<DELETED>    (g) Law Enforcement and Security.--The Secretary and the 
Secretary of the Air Force may enter into cooperative agreements with 
State and local law enforcement officials with respect to lawful 
procedures and protocols to be used in promoting public safety and 
operation security on or near the BLM land during noticed test and 
training periods.</DELETED>
<DELETED>    (h) Livestock.--Livestock shall be allowed to remain on 
the BLM land during a temporary closure of the BLM land under this 
section.</DELETED>

<DELETED>SEC. 103. COMMUNITY RESOURCE GROUP.</DELETED>

<DELETED>    (a) Establishment.--Not later than 60 days after the date 
of enactment of this Act, there shall be established the Utah Test and 
Training Range Community Resource Group (referred to in this section as 
the ``Community Group'') to provide regular and continuing input to the 
Secretary and the Secretary of the Air Force on matters involving 
public access to, use of, and overall management of the BLM 
land.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) In general.--The Secretary (acting through the 
        State Bureau of Land Management Office) shall appoint members 
        to the Community Group, including--</DELETED>
                <DELETED>    (A) operational and land management 
                personnel of the Air Force;</DELETED>
                <DELETED>    (B) 1 Indian representative, to be 
                nominated by a majority vote conducted among the Indian 
                tribes in the vicinity of the BLM land;</DELETED>
                <DELETED>    (C) not more than 2 county commissioners 
                from each of Box Elder, Tooele, and Juab Counties, 
                Utah;</DELETED>
                <DELETED>    (D) 2 representatives of off-road and 
                highway use, hunting, and other recreational 
                groups;</DELETED>
                <DELETED>    (E) 2 representatives of livestock grazers 
                on any public land located within the BLM 
                land;</DELETED>
                <DELETED>    (F) 1 representative of the Utah 
                Department of Agriculture and Food; and</DELETED>
                <DELETED>    (G) not more than 3 representatives of 
                State or Federal offices or agencies, or private 
                groups, if the Secretary determines that such 
                representatives would further the goals and objectives 
                of the Community Group.</DELETED>
        <DELETED>    (2) Chairperson.--The members described in 
        paragraph (1) shall elect from among the members of the 
        Community Group--</DELETED>
                <DELETED>    (A) 1 member to serve as Chairperson of 
                the Community Group; and</DELETED>
                <DELETED>    (B) 1 member to serve as Vice-Chairperson 
                of the Community Group.</DELETED>
<DELETED>    (c) Conditions and Terms of Appointment.--</DELETED>
        <DELETED>    (1) In general.--Each member of the Community 
        Group shall serve voluntarily and without 
        remuneration.</DELETED>
        <DELETED>    (2) Term of appointment.--</DELETED>
                <DELETED>    (A) In general.--Each member of the 
                Community Group shall be appointed for a term of 4 
                years.</DELETED>
                <DELETED>    (B) Original members.--Notwithstanding 
                subparagraph (A), the Chairperson shall select \1/2\ of 
                the original members of the Community Group to serve 
                for a term of 4 years and the \1/2\ to serve for a term 
                of 2 years to ensure the replacement of members shall 
                be staggered from year to year.</DELETED>
                <DELETED>    (C) Reappointment and replacement.--The 
                Secretary may reappoint or replace a member of the 
                Community Group appointed under subsection (b)(1), if--
                </DELETED>
                        <DELETED>    (i) the term of the member has 
                        expired;</DELETED>
                        <DELETED>    (ii) the member has retired; 
                        or</DELETED>
                        <DELETED>    (iii) the position held by the 
                        member described in subparagraph (A) through 
                        (G) of paragraph (1) has changed to the extent 
                        that the ability of the member to represent the 
                        group or entity that the member represents has 
                        been significantly affected.</DELETED>
<DELETED>    (d) Meetings.--</DELETED>
        <DELETED>    (1) In general.--The Community Group shall meet 
        not less than once per year, and at such other frequencies as 
        determined by five or more of the members of the Community 
        Group.</DELETED>
        <DELETED>    (2) Responsibilities of community group.--The 
        Community Group shall be responsible for determining 
        appropriate schedules for, details of, and actions for meetings 
        of the Community Group.</DELETED>
        <DELETED>    (3) Notice.--The Chairperson shall provide notice 
        to each member of the Community Group not less than 10 business 
        days before the date of a scheduled meeting.</DELETED>
        <DELETED>    (4) Exempt from federal advisory committee act.--
        The Federal Advisory Committee Act (5 U.S.C. App.) shall not 
        apply to meetings of the Community Group.</DELETED>
<DELETED>    (e) Coordination With Recommendations of Community 
Group.--The Secretary and Secretary of the Air Force, consistent with 
existing laws (including regulations), shall take under consideration 
recommendations from the Community Group.</DELETED>
<DELETED>    (f) Termination of Authority.--The Community Group shall 
terminate on the date that is 10 years after the date of enactment of 
this Act, unless the Secretary and the Community Group mutually elect 
to terminate the Community Group before that date.</DELETED>
<DELETED>    (g) Renewal.--The Community Group may elect, by simple 
majority, to renew the term of the Community Group for 10 years, upon 
or within 90 days of termination, with the option to renew every 10 
years thereafter.</DELETED>

<DELETED>SEC. 104. LIABILITY.</DELETED>

<DELETED>    The United States (including all departments, agencies, 
officers, and employees of the United States) shall be held harmless 
and shall not be liable for any injury or damage to any individual or 
property suffered in the course of any mining, mineral, or geothermal 
activity, or any other authorized nondefense-related activity, 
conducted on the BLM land.</DELETED>

<DELETED>SEC. 105. EFFECTS OF TITLE.</DELETED>

<DELETED>    (a) Effect on Weapon Impact Area.--Nothing in this title 
expands the boundaries of the weapon impact area of the Utah Test and 
Training Range.</DELETED>
<DELETED>    (b) Effect on Special Use Airspace and Training Routes.--
Nothing in this title precludes--</DELETED>
        <DELETED>    (1) the designation of new units of special use 
        airspace; or</DELETED>
        <DELETED>    (2) the expansion of existing units of special use 
        airspace.</DELETED>
<DELETED>    (c) Effect on Existing Rights and Agreements.--</DELETED>
        <DELETED>    (1) Knolls special recreation management area; blm 
        community pits central grayback and south grayback.--Except as 
        provided in section 102, nothing in this title limits or alters 
        any existing right or right of access to--</DELETED>
                <DELETED>    (A) the Knolls Special Recreation 
                Management Area; or</DELETED>
                <DELETED>    (B)(i) the Bureau of Land Management 
                Community Pits Central Grayback and South Grayback; 
                and</DELETED>
                <DELETED>    (ii) any other county or community pit 
                located within close proximity to the BLM 
                land.</DELETED>
        <DELETED>    (2) National historic trails and other historical 
        landmarks.--Except as provided in section 102, nothing in this 
        title limits or alters any existing right or right of access to 
        a component of the National Trails System or other Federal or 
        State historic landmarks within the BLM land, including the 
        California National Historic Trail, the Pony Express National 
        Historic Trail, or the GAPA Launch Site and 
        Blockhouse.</DELETED>
        <DELETED>    (3) Closure of interstate 80.--Nothing in this 
        title authorizes any additional authority or right to the 
        Secretary or the Secretary of the Air Force to temporarily 
        close Interstate 80.</DELETED>
        <DELETED>    (4) Effect on limitation on amendments to certain 
        individual resource management plans.--Nothing in this title 
        affects the limitation established under section 2815(d) of the 
        National Defense Authorization Act for Fiscal Year 2000 (Public 
        Law 106-65; 113 Stat. 852).</DELETED>
        <DELETED>    (5) Effect on memorandum of understanding.--
        Nothing in this title affects the memorandum of understanding 
        entered into by the Air Force, the Bureau of Land Management, 
        the Utah Department of Natural Resources, and the Utah Division 
        of Wildlife Resources relating to the reestablishment of 
        bighorn sheep in the Newfoundland Mountains and signed by the 
        parties to the memorandum of understanding during the period 
        beginning on January 24, 2000, and ending on February 4, 
        2000.</DELETED>
        <DELETED>    (6) Effect on existing military special use 
        airspace agreement.--Nothing in this title limits or alters the 
        Military Operating Areas of Airspace Use Agreement between the 
        Federal Aviation Administration and the Air Force in effect on 
        the date of enactment of this Act.</DELETED>
<DELETED>    (d) Effect on Water Rights.--</DELETED>
        <DELETED>    (1) No reservation created.--Nothing in this 
        title--</DELETED>
                <DELETED>    (A) establishes any reservation in favor 
                of the United States with respect to any water or water 
                right on the BLM land; or</DELETED>
                <DELETED>    (B) authorizes any appropriation of water 
                on the BLM land, except in accordance with applicable 
                State law.</DELETED>
        <DELETED>    (2) Previously acquired and reserved water 
        rights.--Nothing in this title affects--</DELETED>
                <DELETED>    (A) any water right acquired or reserved 
                by the United States before the date of enactment of 
                this Act; or</DELETED>
                <DELETED>    (B) the authority of the Secretary or the 
                Secretary of the Air Force, as applicable, to exercise 
                any water right described in subparagraph 
                (A).</DELETED>
        <DELETED>    (3) No effect on mccarran amendment.--Nothing in 
        this title diminishes, enhances, or otherwise affects in any 
        way the rights, duties, and obligations of the United States, 
        the State of Utah, the counties in which the BLM land is 
        situated, and the residents and stakeholders in those counties 
        under section 208 of the Act of July 10, 1952 (commonly known 
        as the ``McCarran Amendment'') (43 U.S.C. 666).</DELETED>
<DELETED>    (e) Effect on Federally Recognized Indian Tribes.--
</DELETED>
        <DELETED>    (1) In general.--Nothing in this title alters any 
        right reserved by treaty or Federal law for a federally 
        recognized Indian tribe for tribal use.</DELETED>
        <DELETED>    (2) Consultation.--The Secretary of the Air Force 
        shall consult with any federally recognized Indian tribe in the 
        vicinity of the BLM land before taking any action that will 
        affect any tribal right or cultural resource protected by 
        treaty or Federal law.</DELETED>
<DELETED>    (f) Effect on Payments in Lieu of Taxes.--</DELETED>
        <DELETED>    (1) Eligibility of blm land and non-federal 
        land.--The BLM land and the non-Federal land described in 
        section 202(3) shall remain eligible as entitlement land under 
        section 6901 of title 31, United States Code.</DELETED>
        <DELETED>    (2) No prejudice to county payment in lieu of 
        taxes rights.--Nothing in this title diminishes, enhances, or 
        otherwise affects any other right or entitlement of the 
        counties in which the BLM land is situated to payments in lieu 
        of taxes based on the BLM land, under section 6901 of title 31, 
        United States Code.</DELETED>
<DELETED>    (g) Wildlife Guzzlers.--</DELETED>
        <DELETED>    (1) In general.--The Bureau of Land Management and 
        the Utah Division of Wildlife Resources shall continue the 
        management of wildlife guzzlers in existence as of the date of 
        enactment of this Act on the BLM land.</DELETED>
        <DELETED>    (2) New guzzlers.--Nothing in this title prevents 
        the Bureau of Land Management and the Utah Division of Wildlife 
        Resources from entering into agreements for new wildlife 
        guzzlers.</DELETED>
        <DELETED>    (3) Acquired guzzlers.--The Secretary shall 
        continue to manage existing wildlife guzzlers or wildlife 
        improvements on the non-Federal land conveyed to the Secretary 
        under section 203(a) that were in existence on the day before 
        the date of the conveyance.</DELETED>
<DELETED>    (h) Rangeland Improvements.--The Secretary shall continue 
to manage, in a manner that promotes and facilitates grazing--
</DELETED>
        <DELETED>    (1) rangeland improvements on the BLM land that 
        are in existence on the date of enactment of this Act; 
        and</DELETED>
        <DELETED>    (2) rangeland improvements on the non-Federal land 
        conveyed to the Secretary under section 203(a) that were in 
        existence on the day before the date of the 
        conveyance.</DELETED>
<DELETED>    (i) New Rangeland Improvements.--Nothing in this title 
prevents the Bureau of Land Management, the Utah Department of 
Agriculture or other State entity, or a Federal land permittee from 
entering into agreements for new rangeland improvements that promote 
and facilitate grazing.</DELETED>
<DELETED>    (j) School and Institutional Trust Lands Administration.--
The Bureau of Land Management shall maintain rangeland grazing 
improvements in existence as of the date of enactment of this Act on 
acquired land of the School and Institutional Trust Lands 
Administration.</DELETED>

               <DELETED>TITLE II--LAND EXCHANGE</DELETED>

<DELETED>SEC. 201. FINDINGS AND PURPOSE.</DELETED>

<DELETED>    (a) Findings.--Congress finds that--</DELETED>
        <DELETED>    (1) the State owns approximately 68,057 acres of 
        land and approximately 10,280 acres of mineral interests 
        located within the Utah Test and Training Range in Box Elder, 
        Tooele, and Juab Counties, Utah;</DELETED>
        <DELETED>    (2) the State owns approximately 2,353 acres of 
        land and approximately 3,560 acres of mineral interests located 
        wholly or partially within the Cedar Mountains Wilderness in 
        Tooele County, Utah;</DELETED>
        <DELETED>    (3) the parcels of State land described in 
        paragraphs (1) and (2)--</DELETED>
                <DELETED>    (A) were granted by Congress to the State 
                pursuant to the Act of July 16, 1894 (28 Stat. 107, 
                chapter 138), to be held in trust for the benefit of 
                the public school system and other public institutions 
                of the State; and</DELETED>
                <DELETED>    (B) are largely scattered in checkerboard 
                fashion among Federal land;</DELETED>
        <DELETED>    (4) continued State ownership and development of 
        State trust land within the Utah Test and Training Range and 
        the Cedar Mountains Wilderness is incompatible with--</DELETED>
                <DELETED>    (A) the critical national defense uses of 
                the Utah Test and Training Range; and</DELETED>
                <DELETED>    (B) the Federal management of the Cedar 
                Mountains Wilderness; and</DELETED>
        <DELETED>    (5) it is in the public interest of the United 
        States to acquire in a timely manner all State trust land 
        within the Utah Test and Training Range and the Cedar Mountains 
        Wilderness, in exchange for the conveyance of the Federal land 
        to the State, in accordance with the terms and conditions 
        described in this title.</DELETED>
<DELETED>    (b) Purpose.--It is the purpose of this title to direct, 
facilitate, and expedite the exchange of certain Federal land and non-
Federal land between the United States and the State.</DELETED>

<DELETED>SEC. 202. DEFINITIONS.</DELETED>

<DELETED>    In this title:</DELETED>
        <DELETED>    (1) Exchange map.--The term ``Exchange Map'' means 
        the map prepared by the Bureau of Land Management entitled 
        ``Utah Test and Training Range Enhancement/West Desert Land 
        Exchange'' and dated October 28, 2015.</DELETED>
        <DELETED>    (2) Federal land.--The term ``Federal land'' means 
        the Bureau of Land Management land located in Box Elder, 
        Millard, Juab, Tooele, and Beaver Counties, Utah, that is 
        identified on the Exchange Map as ``BLM Lands Proposed for 
        Transfer to State Trust Lands''.</DELETED>
        <DELETED>    (3) Non-federal land.--The term ``non-Federal 
        land'' means the land owned by the State in Box Elder, Tooele, 
        and Juab Counties, Utah, that is identified on the Exchange Map 
        as--</DELETED>
                <DELETED>    (A) ``State Trust Land Proposed for 
                Transfer to BLM''; and</DELETED>
                <DELETED>    (B) ``State Trust Minerals Proposed for 
                Transfer to BLM''.</DELETED>
        <DELETED>    (4) State.--The term ``State'' means the State of 
        Utah, acting through the School and Institutional Trust Lands 
        Administration.</DELETED>

<DELETED>SEC. 203. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL 
              LAND.</DELETED>

<DELETED>    (a) In General.--If the State offers to convey to the 
United States title to the non-Federal land, the Secretary shall--
</DELETED>
        <DELETED>    (1) accept the offer; and</DELETED>
        <DELETED>    (2) on receipt of all right, title, and interest 
        in and to the non-Federal land, convey to the State (or a 
        designee) all right, title, and interest of the United States 
        in and to the Federal land.</DELETED>
<DELETED>    (b) Valid Existing Rights.--The exchange authorized under 
subsection (a) shall be subject to valid existing rights.</DELETED>
<DELETED>    (c) Title Approval.--Title to the Federal land and non-
Federal land to be exchanged under this section shall be in a format 
acceptable to the Secretary and the State.</DELETED>
<DELETED>    (d) Appraisals.--</DELETED>
        <DELETED>    (1) In general.--The value of the Federal land and 
        the non-Federal land to be exchanged under this section shall 
        be determined by appraisals conducted by one or more 
        independent appraisers retained by the State, with the consent 
        of the Secretary.</DELETED>
        <DELETED>    (2) Applicable law.--The appraisals under 
        paragraph (1) shall be conducted in accordance with nationally 
        recognized appraisal standards, including, as appropriate, the 
        Uniform Appraisal Standards for Federal Land 
        Acquisitions.</DELETED>
        <DELETED>    (3) Mineral land.--</DELETED>
                <DELETED>    (A) Mineral reports.--The appraisals under 
                paragraph (1) shall take into account mineral and 
                technical reports provided by the Secretary and the 
                State in the evaluation of mineral deposits in the 
                Federal land and non-Federal land.</DELETED>
                <DELETED>    (B) Mining claims.--An appraisal of any 
                parcel of Federal land that is encumbered by a mining 
                or millsite claim located under sections 2318 through 
                2352 of the Revised Statutes (commonly known as the 
                ``Mining Law of 1872'') (30 U.S.C. 21 et seq.) shall 
                take into account the encumbrance created by the claim 
                for purposes of determining the value of the parcel of 
                the Federal land.</DELETED>
                <DELETED>    (C) Validity examination.--Nothing in this 
                title requires the United States to conduct a mineral 
                examination for any mining claim on the Federal 
                land.</DELETED>
        <DELETED>    (4) Approval.--The appraisals conducted under 
        paragraph (1) shall be submitted to the Secretary and the State 
        for approval.</DELETED>
        <DELETED>    (5) Dispute resolution.--If, by the date that is 
        90 days after the date of submission of an appraisal for review 
        and approval under this subsection, the Secretary or State do 
        not agree to accept the findings of the appraisals with respect 
        to one or more parcels of Federal land or non-Federal land, the 
        dispute shall be resolved in accordance with section 206(d)(2) 
        of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1716(d)(2)).</DELETED>
        <DELETED>    (6) Duration.--The appraisals conducted under 
        paragraph (1) shall remain valid until the date of the 
        completion of the exchange authorized under this 
        title.</DELETED>
        <DELETED>    (7) Reimbursement of state costs.--The Secretary 
        shall reimburse the State in an amount equal to 50 percent of 
        the costs incurred by the State in retaining independent 
        appraisers under paragraph (1).</DELETED>
<DELETED>    (e) Conveyance of Title.--The land exchange authorized 
under this title shall be completed by the later of--</DELETED>
        <DELETED>    (1) the date that is 1 year after the date of 
        final approval by the Secretary and the State of the appraisals 
        conducted under subsection (d); and</DELETED>
        <DELETED>    (2) the date that is 1 year after the date of 
        completion of the dispute resolution process authorized under 
        subsection (d)(5).</DELETED>
<DELETED>    (f) Public Inspection and Notice.--</DELETED>
        <DELETED>    (1) Public inspection.--At least 30 days before 
        the date of conveyance of the Federal land and non-Federal 
        land, all final appraisals and appraisal reviews for land to be 
        exchanged under this section shall be available for public 
        review at the office of the State Director of the Bureau of 
        Land Management in the State of Utah.</DELETED>
        <DELETED>    (2) Notice.--The Secretary or the State, as 
        applicable, shall publish in a newspaper of general circulation 
        in Salt Lake County, Utah, a notice that the appraisals 
        conducted under subsection (d) are available for public 
        inspection.</DELETED>
<DELETED>    (g) Equal Value Exchange.--</DELETED>
        <DELETED>    (1) In general.--The value of the Federal land and 
        non-Federal land to be exchanged under this section--</DELETED>
                <DELETED>    (A) shall be equal; or</DELETED>
                <DELETED>    (B) shall be made equal in accordance with 
                paragraph (2).</DELETED>
        <DELETED>    (2) Equalization.--</DELETED>
                <DELETED>    (A) Surplus of federal land.--</DELETED>
                        <DELETED>    (i) In general.--If the value of 
                        the Federal land exceeds the value of the non-
                        Federal land, the value of the Federal land and 
                        non-Federal land shall be equalized by the 
                        State conveying to the United States--
                        </DELETED>
                                <DELETED>    (I) State trust land 
                                parcel 1, as described in the 
                                assessment entitled ``Bureau of Land 
                                Management Environmental Assessment UT-
                                100-06-EA'', numbered UTU-82090, and 
                                dated March 2008; or</DELETED>
                                <DELETED>    (II) State trust land 
                                located within any of the wilderness 
                                areas or national conservation areas in 
                                Washington County, Utah, established 
                                under subtitle O of title I of the 
                                Omnibus Public Land Management Act of 
                                2009 (Public Law 111-11; 123 Stat. 
                                1075) that has an appraised value equal 
                                to the difference between--</DELETED>
                                        <DELETED>    (aa) the value of 
                                        the Federal land; and</DELETED>
                                        <DELETED>    (bb) the value of 
                                        the non-Federal land.</DELETED>
                        <DELETED>    (ii) Order of conveyances.--Any 
                        non-Federal land required to be conveyed to the 
                        United States under clause (i) shall be 
                        conveyed until the value of the Federal land 
                        and non-Federal land is equalized, in the 
                        following order:</DELETED>
                                <DELETED>    (I) The State trust land 
                                parcel described in clause 
                                (i)(I)</DELETED>
                                <DELETED>    (II) State trust land 
                                parcels located in the Red Cliffs 
                                National Conservation Area.</DELETED>
                                <DELETED>    (III) State trust land 
                                parcels located in the Docs Pass 
                                Wilderness.</DELETED>
                                <DELETED>    (IV) State trust land 
                                parcels located in the Beaver Dam Wash 
                                National Conservation Area.</DELETED>
                <DELETED>    (B) Surplus of non-federal land.--If the 
                value of the non-Federal land exceeds the value of the 
                Federal land, the value of the Federal land and the 
                non-Federal land shall be equalized by the Secretary 
                making a cash equalization payment to the State, in 
                accordance with section 206(b) of the Federal Land 
                Policy Management (43 U.S.C. 1716(b)).</DELETED>
<DELETED>    (h) Withdrawal of Federal Land From Mineral Entry Prior to 
Exchange.--Subject to valid existing rights, the Federal land to be 
conveyed to the State under this section is withdrawn from mineral 
location, entry, and patent under the mining laws pending conveyance of 
the Federal land to the State.</DELETED>

<DELETED>SEC. 204. STATUS AND MANAGEMENT OF NON-FEDERAL LAND AFTER 
              EXCHANGE.</DELETED>

<DELETED>    (a) Non-Federal Land Within Utah Test and Training 
Range.--On conveyance to the United States under this title, the non-
Federal land located within the Utah Test and Training Range shall be 
managed in accordance with the memorandum of agreement entered into 
under section 101(a).</DELETED>
<DELETED>    (b) Non-Federal Land Within Cedar Mountains Wilderness.--
On conveyance to the United States under this title, the non-Federal 
land located within the Cedar Mountains Wilderness shall, in accordance 
with section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 
1716(c)), be added to, and administered as part of, the Cedar Mountains 
Wilderness.</DELETED>

<DELETED>SEC. 205. HAZARDOUS MATERIALS.</DELETED>

<DELETED>    (a) Costs.--Except as provided in subsection (b), the 
costs of remedial actions relating to hazardous materials on land 
acquired under this title shall be paid by those entities responsible 
for the costs under applicable law.</DELETED>
<DELETED>    (b) Remediation of Prior Testing and Training Activity.--
The Department of Defense shall bear all costs of evaluation, 
management, and remediation caused by the previous testing of military 
weapons systems and the training of military forces on non-Federal land 
to be conveyed to the United States under this title.</DELETED>

          <DELETED>TITLE III--HIGHWAY RIGHTS-OF-WAY</DELETED>

<DELETED>SEC. 301. RECOGNITION AND TRANSFER OF CERTAIN HIGHWAY RIGHTS-
              OF-WAY.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Highway right-of-way.--The term ``highway 
        right-of-way'' means a right-of-way across Federal land for all 
        county roads in the Counties of Box Elder, Tooele, and Juab, in 
        the State of Utah, according to official transportation map and 
        centerline descriptions of each county in existence as of March 
        1, 2015.</DELETED>
        <DELETED>    (2) Map.--The term ``official transportation map 
        and centerline description'' means--</DELETED>
                <DELETED>    (A) the map entitled ``Official 
                Transportation Map of Box Elder County, Utah'' and 
                dated March 1, 2015, and accompanying centerline 
                description of each road on file with the Clerk of Box 
                Elder County as of March 1, 2015;</DELETED>
                <DELETED>    (B) the map entitled ``Official 
                Transportation Map of Tooele County'' and dated March 
                1, 2015, and accompanying centerline description of 
                each road on file with the Clerk of Tooele County as of 
                March 1, 2015; and</DELETED>
                <DELETED>    (C) the map entitled ``Official 
                Transportation Map of Juab County'' and dated March 1, 
                2015, and accompanying centerline description of each 
                road on file with the Clerk of Juab County as of March 
                1, 2015.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means--
        </DELETED>
                <DELETED>    (A) the Secretary of Agriculture, with 
                respect to land administered by the Chief of the Forest 
                Service; or</DELETED>
                <DELETED>    (B) the Secretary of the Interior, with 
                respect to land administered by the Director of the 
                Bureau of Land Management.</DELETED>
<DELETED>    (b) Recognition of Existence and Validity of Rights-of-
Way.--Congress recognizes the existence and validity of each of the 
highway rights-of-way identified on the official transportation maps 
and centerline descriptions.</DELETED>
<DELETED>    (c) Conveyance of an Easement Across Federal Land.--
</DELETED>
        <DELETED>    (1) Box elder county, utah.--The Secretary shall 
        convey, without consideration, to Box Elder County, Utah, and 
        the State of Utah as joint tenants with undivided interests, 
        easements for motorized travel rights of way across Federal 
        land for all highways shown and described in the official 
        transportation map and centerline description of the county 
        described in subsection (a)(2)(A).</DELETED>
        <DELETED>    (2) Juab county, utah.--The Secretary shall 
        convey, without consideration, to Juab County, Utah, and the 
        State of Utah as joint tenants with undivided interests, 
        easements for motorized travel rights of way across Federal 
        land for all highways shown and described in the official 
        transportation map and centerline description of the county 
        described in subsection (a)(2)(B).</DELETED>
        <DELETED>    (3) Tooele county, utah.--The Secretary shall 
        convey, without consideration, to Tooele County, Utah, and the 
        State of Utah as joint tenants with undivided interests, 
        easements for motorized travel rights of way across Federal 
        land for all highways shown and described in the official 
        transportation map and centerline description of the county 
        described in subsection (a)(2)(C).</DELETED>
<DELETED>    (d) Description of Federal Land Subject to Easement.--
</DELETED>
        <DELETED>    (1) In general.--All easements under subsection 
        (c) shall include--</DELETED>
                <DELETED>    (A) the current disturbed width of each 
                subject highway as shown and described in the official 
                transportation maps and centerline descriptions; 
                and</DELETED>
                <DELETED>    (B) any additional acreage on either side 
                of the disturbed width that the respective county 
                transportation department determines is necessary for 
                the efficient maintenance, repair, signage, 
                administration, and use of the Federal land subject to 
                the easement.</DELETED>
        <DELETED>    (2) Description.--</DELETED>
                <DELETED>    (A) In general.--The exact acreage and 
                legal description of the Federal land subject to the 
                easements conveyed under subsection (c) shall be--
                </DELETED>
                        <DELETED>    (i) as described in the centerline 
                        descriptions;</DELETED>
                        <DELETED>    (ii) as referenced in the official 
                        transportation maps; and</DELETED>
                        <DELETED>    (iii) as described and referenced 
                        according to the disturbed width of each 
                        highway as of the date of conveyance for travel 
                        purposes, plus any reasonable additional width 
                        as may be necessary for surface maintenance, 
                        repairs, and turnaround purposes.</DELETED>
                <DELETED>    (B) Survey not required.--Notwithstanding 
                any other provision of law, the conveyance of easements 
                under subsection (c) shall be effective without a 
                survey of the exact acreage and local description of 
                the Federal land subject to the easements.</DELETED>
<DELETED>    (e) Retention of Maps and Centerline Descriptions.--The 
maps and centerline descriptions referred to in clauses (i) and (ii) of 
subsection (d)(2)(A) shall be on file in the appropriate office of the 
Secretary.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Utah Test and 
Training Range Encroachment Prevention and Temporary Closure Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

  TITLE I--AUTHORIZATION FOR TEMPORARY CLOSURE OF CERTAIN PUBLIC LAND 
             ADJACENT TO THE UTAH TEST AND TRAINING RANGE.

Sec. 101. Definitions.
Sec. 102. Memorandum of agreement.
Sec. 103. Temporary closures.
Sec. 104. Liability.
Sec. 105. Community Resource Advisory Group.
Sec. 106. Savings clauses.

  TITLE II--BUREAU OF LAND MANAGEMENT LAND EXCHANGE WITH STATE OF UTAH

Sec. 201. Definitions.
Sec. 202. Exchange of Federal land and non-Federal land.
Sec. 203. Status and management of non-Federal land acquired by the 
                            United States.
Sec. 204. Hazardous materials.

  TITLE I--AUTHORIZATION FOR TEMPORARY CLOSURE OF CERTAIN PUBLIC LAND 
             ADJACENT TO THE UTAH TEST AND TRAINING RANGE.

SEC. 101. DEFINITIONS.

    In this Act:
            (1) Blm land.--The term ``BLM land'' means certain public 
        land administered by the Bureau of Land Management land in the 
        State comprising approximately 703,621 acres, as generally 
        depicted on the map entitled ``Utah Test and Training Range 
        Enhancement/West Desert Land Exchange'' and dated May 7, 2016.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of Utah.
            (4) Utah test and training range.--The term ``Utah Test and 
        Training Range'' means the portions of the military land and 
        airspace operating area of the Utah Test and Training Area that 
        are located in the State, including the Dugway Proving Ground.

SEC. 102. MEMORANDUM OF AGREEMENT.

    (a) Memorandum of Agreement.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary and the Secretary of the 
        Air Force shall enter into a memorandum of agreement to 
        authorize the Secretary of the Air Force, in consultation with 
        the Secretary, to impose limited closures of the BLM land for 
        military operations and national security and public safety 
        purposes, as provided in this title.
            (2) Draft.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary and the 
                Secretary of the Air Force shall complete a draft of 
                the memorandum of agreement required under paragraph 
                (1).
                    (B) Public comment period.--During the 30-day 
                period beginning on the date on which the draft 
                memorandum of agreement is completed under subparagraph 
                (A), there shall be an opportunity for public comment 
                on the draft memorandum of agreement, including an 
                opportunity for the Utah Test and Training Range 
                Community Resource Advisory Group established under 
                section 105(a) to provide comments on the draft 
                memorandum of agreement.
            (3) Management by secretary.--The memorandum of agreement 
        entered into under paragraph (1) shall provide that the 
        Secretary shall continue to manage the BLM land in accordance 
        with the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.) and applicable land use plans, while 
        allowing for the temporary closure of the BLM land in 
        accordance with this title.
            (4) Permits and rights-of-way.--
                    (A) In general.--The Secretary shall consult with 
                the Secretary of the Air Force regarding Utah Test and 
                Training Range mission requirements before issuing new 
                use permits or rights-of-way on the BLM land.
                    (B) Framework.--The Secretary and the Secretary of 
                the Air Force shall establish within the memorandum of 
                agreement entered into under paragraph (1) a framework 
                agreed to by the Secretary and the Secretary of the Air 
                Force for resolving any disagreement on the issuance of 
                permits or rights-of-way on the BLM land.
            (5) Termination.--
                    (A) In general.--The memorandum of agreement 
                entered into under paragraph (1) shall be for a term to 
                be determined by the Secretary and the Secretary of the 
                Air Force, not to exceed 25 years.
                    (B) Early termination.--The memorandum of agreement 
                may be terminated before the date determined under 
                subparagraph (A) if the Secretary of the Air Force 
                determines that the temporary closure of the BLM land 
                is no longer necessary to fulfill Utah Test and 
                Training Range mission requirements.
    (b) Map.--The Secretary may correct any minor errors in the map 
described in section 101(1).
    (c) Land Safety.--If corrective action is necessary on the BLM land 
due to an action of the Air Force, the Secretary of the Air Force 
shall--
            (1) render the BLM land safe for public use; and
            (2) appropriately communicate the safety of the land to the 
        Secretary on the date on which the BLM land is rendered safe 
        for public use under paragraph (1).
    (d) Consultation.--The Secretary shall consult with any federally 
recognized Indian tribe in the vicinity of the BLM land before entering 
into any agreement under this title.
    (e) Grazing.--
            (1) Effect.--Nothing in this title impacts the management 
        of grazing on the BLM land.
            (2) Continuation of grazing management.--The Secretary 
        shall continue grazing management on the BLM land pursuant to 
        the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
        1701 et seq.) and applicable resource management plans.
    (f) Memorandum of Understanding on Emergency Access and Response.--
Nothing in this section precludes the continuation of the memorandum of 
understanding between the Department of the Interior and the Department 
of the Air Force with respect to emergency access and response, as in 
existence on the date of enactment of this Act.
    (g) Withdrawal.--Subject to valid existing rights, the BLM land is 
withdrawn from all forms of appropriation under the public land laws, 
including the mining laws, the mineral leasing laws, and the geothermal 
leasing laws.

SEC. 103. TEMPORARY CLOSURES.

    (a) In General.--If the Secretary of the Air Force determines that 
military operations (including operations relating to the fulfillment 
of the mission of the Utah Test and Training Range), public safety, or 
national security require the temporary closure to public use of any 
road, trail, or other portion of the BLM land, the Secretary of the Air 
Force may take such action as the Secretary of the Air Force, in 
consultation with the Secretary, determines necessary to carry out the 
temporary closure.
    (b) Limitations.--Any temporary closure under subsection (a)--
            (1) shall be limited to the minimum areas and periods 
        during which the Secretary of the Air Force determines are 
        required to carry out a closure under this section;
            (2) shall not occur on a State or Federal holiday, unless 
        notice is provided in accordance with subsection (c)(1)(B);
            (3) shall not occur on a Friday, Saturday, or Sunday, 
        unless notice is provided in accordance with subsection 
        (c)(1)(B); and
            (4)(A) if practicable, shall be for not longer than a 3-
        hour period per day;
                    (B) shall only be for longer than a 3-hour period 
                per day--
                            (i) for mission essential reasons; and
                            (ii) as infrequently as practicable and in 
                        no case for more than 10 days per year; and
                    (C) shall in no case be for longer than a 6-hour 
                period per day.
    (c) Notice.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary of the Air Force shall--
                    (A) keep appropriate warning notices posted before 
                and during any temporary closure; and
                    (B) provide notice to the Secretary, public, and 
                relevant stakeholders concerning the temporary 
                closure--
                            (i) at least 30 days before the date on 
                        which the temporary closure goes into effect;
                            (ii) in the case of a closure during the 
                        period beginning on March 1 and ending on May 
                        31, at least 60 days before the date on which 
                        the closure goes into effect; or
                            (iii) in the case of a closure described in 
                        paragraph (3) or (4) of subsection (b), at 
                        least 90 days before the date on which the 
                        closure goes into effect.
            (2) Special notification procedures.--In each case for 
        which a mission-unique security requirement does not allow for 
        the notifications described in paragraph (1)(B), the Secretary 
        of the Air Force shall work with the Secretary to achieve a 
        mutually agreeable timeline for notification.
    (d) Maximum Annual Closures.--The total cumulative hours of 
temporary closures authorized under this section with respect to the 
BLM land shall not exceed 100 hours annually.
    (e) Prohibition on Certain Temporary Closures.--The northernmost 
area identified as ``Newfoundland's'' on the map described in section 
101(1) shall not be subject to any temporary closure between August 21 
and February 28, in accordance with the lawful hunting seasons of the 
State of Utah.
    (f) Emergency Ground Response.--A temporary closure of a portion of 
the BLM land shall not affect the conduct of emergency response 
activities on the BLM land during the temporary closure.
    (g) Livestock.--Livestock authorized by a Federal grazing permit 
shall be allowed to remain on the BLM land during a temporary closure 
of the BLM land under this section.
    (h) Law Enforcement and Security.--The Secretary and the Secretary 
of the Air Force may enter into cooperative agreements with State and 
local law enforcement officials with respect to lawful procedures and 
protocols to be used in promoting public safety and operation security 
on or near the BLM land during noticed test and training periods.

SEC. 104. LIABILITY.

    The United States (including all departments, agencies, officers, 
and employees of the United States) shall be held harmless and shall 
not be liable for any injury or damage to any individual or property 
suffered in the course of any mining, mineral, or geothermal activity, 
or any other authorized nondefense-related activity, conducted on the 
BLM land.

SEC. 105. COMMUNITY RESOURCE ADVISORY GROUP.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, there shall be established the Utah Test and 
Training Range Community Resource Advisory Group (referred to in this 
section as the ``Community Group'') to provide regular and continuing 
input to the Secretary and the Secretary of the Air Force on matters 
involving public access to, use of, and overall management of the BLM 
land.
    (b) Membership.--
            (1) In general.--The Secretary shall appoint members to the 
        Community Group, including--
                    (A) 1 representative of Indian tribes in the 
                vicinity of the BLM land, to be nominated by a majority 
                vote conducted among the Indian tribes in the vicinity 
                of the BLM land;
                    (B) not more than 1 county commissioner from each 
                of Box Elder, Tooele, and Juab Counties, Utah;
                    (C) 2 representatives of off-road and highway use, 
                hunting, or other recreational users of the BLM land;
                    (D) 2 representatives of livestock permitees on 
                public land located within the BLM land;
                    (E) 1 representative of the Utah Department of 
                Agriculture and Food; and
                    (F) not more than 3 representatives of State or 
                Federal offices or agencies, or private groups or 
                individuals, if the Secretary determines that such 
                representatives would further the goals and objectives 
                of the Community Group.
            (2) Chairperson.--The members described in paragraph (1) 
        shall elect from among the members of the Community Group--
                    (A) 1 member to serve as Chairperson of the 
                Community Group; and
                    (B) 1 member to serve as Vice-Chairperson of the 
                Community Group.
            (3) Air force personnel.--The Secretary of the Air Force 
        shall appoint appropriate operational and land management 
        personnel of the Air Force to serve as a liaison to the 
        Community Group.
    (c) Conditions and Terms of Appointment.--
            (1) In general.--Each member of the Community Group shall 
        serve voluntarily and without compensation.
            (2) Term of appointment.--
                    (A) In general.--Each member of the Community Group 
                shall be appointed for a term of 4 years.
                    (B) Original members.--Notwithstanding subparagraph 
                (A), the Secretary shall select \1/2\ of the original 
                members of the Community Group to serve for a term of 4 
                years and the \1/2\ to serve for a term of 2 years to 
                ensure the replacement of members shall be staggered 
                from year to year.
                    (C) Reappointment and replacement.--The Secretary 
                may reappoint or replace a member of the Community 
                Group appointed under subsection (b)(1), if--
                            (i) the term of the member has expired;
                            (ii) the member has retired; or
                            (iii) the position held by the member 
                        described in subparagraph (A) through (F) of 
                        paragraph (1) has changed to the extent that 
                        the ability of the member to represent the 
                        group or entity that the member represents has 
                        been significantly affected.
    (d) Meetings.--
            (1) In general.--The Community Group shall meet not less 
        than once per year, and at such other frequencies as determined 
        by 5 or more of the members of the Community Group.
            (2) Responsibilities of community group.--The Community 
        Group shall be responsible for determining appropriate 
        schedules for, details of, and actions for meetings of the 
        Community Group.
            (3) Notice.--The Chairperson shall provide notice to each 
        member of the Community Group not less than 10 business days 
        before the date of a scheduled meeting.
            (4) Exempt from federal advisory committee act.--The 
        Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
        to meetings of the Community Group.
    (e) Recommendations of Community Group.--The Secretary and 
Secretary of the Air Force, consistent with existing laws (including 
regulations), shall take under consideration recommendations from the 
Community Group.
    (f) Termination of Authority.--The Community Group shall terminate 
on the date that is 10 years after the date of enactment of this Act.

SEC. 106. SAVINGS CLAUSES.

    (a) Effect on Weapon Impact Area.--Nothing in this title expands 
the boundaries of the weapon impact area of the Utah Test and Training 
Range.
    (b) Effect on Special Use Airspace and Training Routes.--Nothing in 
this title precludes--
            (1) the designation of new units of special use airspace; 
        or
            (2) the expansion of existing units of special use 
        airspace.
    (c) Effect on Existing Military Special Use Airspace Agreement.--
Nothing in this title limits or alters the Military Operating Areas of 
Airspace Use Agreement between the Federal Aviation Administration and 
the Air Force in effect on the date of enactment of this Act.
    (d) Effect on Existing Rights and Agreements.--
            (1) Knolls special recreation management area; blm 
        community pits.--Except as otherwise provided in section 103, 
        nothing in this title limits or alters any existing right or 
        right of access to--
                    (A) the Knolls Special Recreation Management Area; 
                or
                    (B)(i) the Bureau of Land Management Community Pits 
                Central Grayback and South Grayback; and
                            (ii) any other county or community pit 
                        located within close proximity to the BLM land.
    (e) Interstate 80.--Nothing in this title authorizes any additional 
authority or right to the Secretary or the Secretary of the Air Force 
to temporarily close Interstate 80.
    (f) Effect on Limitation on Amendments to Certain Individual 
Resource Management Plans.--Nothing in this title affects the 
limitation established under section 2815(d) of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 
852).
    (g) Effect on Previous Memorandum of Understanding.--Nothing in 
this title affects the memorandum of understanding entered into by the 
Air Force, the Bureau of Land Management, the Utah Department of 
Natural Resources, and the Utah Division of Wildlife Resources relating 
to the reestablishment of bighorn sheep in the Newfoundland Mountains 
and signed by the parties to the memorandum of understanding during the 
period beginning on January 24, 2000, and ending on February 4, 2000.
    (h) Effect on Federally Recognized Indian Tribes.--Nothing in this 
title alters any right reserved by treaty or Federal law for a 
Federally recognized Indian tribe for tribal use.
    (i) Payments in Lieu of Taxes.--Nothing in this title diminishes, 
enhances, or otherwise affects any other right or entitlement of the 
counties in which the BLM land is situated to payments in lieu of taxes 
based on the BLM land, under section 6901 of title 31, United States 
Code.
    (j) Wildlife Improvements.--The Secretary and the Utah Division of 
Wildlife Resources shall continue the management of wildlife 
improvements, including guzzlers, in existence as of the date of 
enactment of this Act on the BLM land.

  TITLE II--BUREAU OF LAND MANAGEMENT LAND EXCHANGE WITH STATE OF UTAH

SEC. 201. DEFINITIONS.

    In this title:
            (1) Exchange map.--The term ``Exchange Map'' means the map 
        prepared by the Bureau of Land Management entitled ``Utah Test 
        and Training Range Enhancement/West Desert Land Exchange'' and 
        dated May 7, 2016.
            (2) Federal land.--The term ``Federal land'' means the 
        Bureau of Land Management land located in Box Elder, Millard, 
        Juab, Tooele, and Beaver Counties, Utah, that is identified on 
        the Exchange Map as ``BLM Lands Proposed for Transfer to State 
        Trust Lands''.
            (3) Non-federal land.--The term ``non-Federal land'' means 
        the land owned by the State in Box Elder, Tooele, and Juab 
        Counties, Utah, that is identified on the Exchange Map as--
                    (A) ``State Trust Land Proposed for Transfer to 
                BLM''; and
                    (B) ``State Trust Minerals Proposed for Transfer to 
                BLM''.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (5) State.--The term ``State'' means the State of Utah, 
        acting through the School and Institutional Trust Lands 
        Administration.

SEC. 202. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.

    (a) In General.--If the State offers to convey to the United States 
title to the non-Federal land, the Secretary shall--
            (1) accept the offer; and
            (2) on receipt of all right, title, and interest in and to 
        the non-Federal land, convey to the State (or a designee) all 
        right, title, and interest of the United States in and to the 
        Federal land.
    (b) Applicable Law.--
            (1) In general.--The land exchange shall be subject to 
        section 206 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1716) and other applicable law.
            (2) Effect of study.--The Secretary shall carry out the 
        land exchange under this title notwithstanding section 2815(d) 
        of the National Defense Authorization Act for Fiscal Year 2000 
        (Public Law 106-65; 113 Stat. 852).
            (3) Land use planning.--The Secretary shall not be required 
        to undertake any additional land use planning under section 202 
        of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1712) before the conveyance of the Federal land under 
        this title.
    (c) Valid Existing Rights.--The exchange authorized under 
subsection (a) shall be subject to valid existing rights.
    (d) Title Approval.--Title to the Federal land and non-Federal land 
to be exchanged under this title shall be in a format acceptable to the 
Secretary and the State.
    (e) Appraisals.--
            (1) In general.--The value of the Federal land and the non-
        Federal land to be exchanged under this title shall be 
        determined by appraisals conducted by 1 or more independent and 
        qualified appraisers.
            (2) State appraiser.--The Secretary and the State may agree 
        to use an independent and qualified appraiser retained by the 
        State, with the consent of the Secretary.
            (3) Applicable law.--The appraisals under paragraph (1) 
        shall be conducted in accordance with nationally recognized 
        appraisal standards, including, as appropriate, the Uniform 
        Appraisal Standards for Federal Land Acquisitions and the 
        Uniform Standards of Professional Appraisal Practice.
            (4) Minerals.--
                    (A) Mineral reports.--The appraisals under 
                paragraph (1) may take into account mineral and 
                technical reports provided by the Secretary and the 
                State in the evaluation of minerals in the Federal land 
                and non-Federal land.
                    (B) Mining claims.--Federal land that is encumbered 
                by a mining or millsite claim located under sections 
                2318 through 2352 of the Revised Statutes (commonly 
                known as the ``Mining Law of 1872'') (30 U.S.C. 21 et 
                seq.) shall be appraised in accordance with standard 
                appraisal practices, including, as appropriate, the 
                Uniform Appraisal Standards for Federal Land 
                Acquisition.
                    (C) Validity examination.--Nothing in this title 
                requires the Secretary to conduct a mineral examination 
                for any mining claim on the Federal land.
            (5) Approval.--An appraisal conducted under paragraph (1) 
        shall be submitted to the Secretary and the State for approval.
            (6) Duration.--An appraisal conducted under paragraph (1) 
        shall remain valid for 3 years after the date on which the 
        appraisal is approved by the Secretary and the State.
            (7) Cost of appraisal.--
                    (A) In general.--The cost of an appraisal conducted 
                under paragraph (1) shall be paid equally by the 
                Secretary and the State.
                    (B) Reimbursement by secretary.--If the State 
                retains an appraiser in accordance with paragraph (2), 
                the Secretary shall reimburse the State in an amount 
                equal to 50 percent of the costs incurred by the State.
    (f) Conveyance of Title.--It is the intent of Congress that the 
land exchange authorized under this title shall be completed not later 
than 1 year after the date of final approval by the Secretary and the 
State of the appraisals conducted under subsection (e).
    (g) Public Inspection and Notice.--
            (1) Public inspection.--At least 30 days before the date of 
        conveyance of the Federal land and non-Federal land, all final 
        appraisals and appraisal reviews for the Federal land and non-
        Federal land to be exchanged under this title shall be 
        available for public review at the office of the State Director 
        of the Bureau of Land Management in the State.
            (2) Notice.--The Secretary or the State, as applicable, 
        shall publish in a newspaper of general circulation in Salt 
        Lake County, Utah, a notice that the appraisals conducted under 
        subsection (e) are available for public inspection.
    (h) Consultation With Indian Tribes.--The Secretary shall consult 
with any federally recognized Indian tribe in the vicinity of the 
Federal land and non-Federal land to be exchanged under this title 
before the completion of the land exchange.
    (i) Equal Value Exchange.--
            (1) In general.--The value of the Federal land and non-
        Federal land to be exchanged under this title--
                    (A) shall be equal; or
                    (B) shall be made equal in accordance with 
                paragraph (2).
            (2) Equalization.--
                    (A) Surplus of federal land.--
                            (i) In general.--If the value of the 
                        Federal land exceeds the value of the non-
                        Federal land, the value of the Federal land and 
                        non-Federal land shall be equalized by the 
                        State conveying to the Secretary, as necessary 
                        to equalize the value of the Federal land and 
                        non-Federal land--
                                    (I) State trust land parcel 1, as 
                                described in the assessment entitled 
                                ``Bureau of Land Management 
                                Environmental Assessment UT-100-06-
                                EA'', numbered UTU-82090, and dated 
                                March 2008; or
                                    (II) State trust land located 
                                within any of the wilderness areas or 
                                national conservation areas in 
                                Washington County, Utah, established 
                                under subtitle O of title I of the 
                                Omnibus Public Land Management Act of 
                                2009 (Public Law 111-11; 123 Stat. 
                                1075).
                            (ii) Order of conveyances.--Any non-Federal 
                        land required to be conveyed to the Secretary 
                        under clause (i) shall be conveyed until the 
                        value of the Federal land and non-Federal land 
                        is equalized.
                    (B) Surplus of non-federal land.--If the value of 
                the non-Federal land exceeds the value of the Federal 
                land, the value of the Federal land and the non-Federal 
                land shall be equalized--
                            (i) by the Secretary making a cash 
                        equalization payment to the State, in 
                        accordance with section 206(b) of the Federal 
                        Land Policy and Management Act of 1976 (43 
                        U.S.C. 1716(b)); or
                            (ii) by removing non-Federal land from the 
                        exchange.
    (j) Grazing Permits.--
            (1) In general.--If the Federal land or non-Federal land 
        exchanged under this title is subject to a lease, permit, or 
        contract for the grazing of domestic livestock in effect on the 
        date of acquisition, the Secretary and the State shall allow 
        the grazing to continue for the remainder of the term of the 
        lease, permit, or contract, subject to the related terms and 
        conditions of user agreements, including permitted stocking 
        rates, grazing fee levels, access rights, and ownership and use 
        of range improvements.
            (2) Renewal.--To the extent allowed by Federal or State 
        law, on expiration of any grazing lease, permit, or contract 
        described in paragraph (1), the holder of the lease, permit, or 
        contract shall be entitled to a preference right to renew the 
        lease, permit, or contract.
            (3) Cancellation.--
                    (A) In general.--Nothing in this title prevents the 
                Secretary or the State from canceling or modifying a 
                grazing permit, lease, or contract if the Federal land 
                or non-Federal land subject to the permit, lease, or 
                contract is sold, conveyed, transferred, or leased for 
                non-grazing purposes by the Secretary or the State.
                    (B) Limitation.--Except to the extent reasonably 
                necessary to accommodate surface operations in support 
                of mineral development, the Secretary or the State 
                shall not cancel or modify a grazing permit, lease, or 
                contract because the land subject to the permit, lease, 
                or contract has been leased for mineral development.
            (4) Base properties.--If non-Federal land conveyed by the 
        State under this title is used by a grazing permittee or lessee 
        to meet the base property requirements for a Federal grazing 
        permit or lease, the land shall continue to qualify as a base 
        property for--
                    (A) the remaining term of the lease or permit; and
                    (B) the term of any renewal or extension of the 
                lease or permit.
    (k) Withdrawal of Federal Land From Mineral Entry Prior to 
Exchange.--Subject to valid existing rights, the Federal land to be 
conveyed to the State under this title is withdrawn from mineral 
location, entry, and patent under the mining laws pending conveyance of 
the Federal land to the State.

SEC. 203. STATUS AND MANAGEMENT OF NON-FEDERAL LAND ACQUIRED BY THE 
              UNITED STATES.

    (a) In General.--On conveyance to the United States under this 
title, the non-Federal land shall be managed by the Secretary in 
accordance with the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.) and applicable land use plans.
    (b) Non-federal Land Within Cedar Mountains Wilderness.--On 
conveyance to the Secretary under this title, the non-Federal land 
located within the Cedar Mountains Wilderness shall, in accordance with 
section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 
1716(c)), be added to, and administered as part of, the Cedar Mountains 
Wilderness.
    (c) Non-federal Land Within Wilderness Areas or National 
Conservation Areas.--On conveyance to the Secretary under this title, 
non-Federal land located in a national wilderness area or national 
conservation area shall be managed in accordance with the applicable 
provisions of subtitle O of title I of the Omnibus Public Land 
Management Act of 2009 (Public Law 111-11).

SEC. 204. HAZARDOUS MATERIALS.

    (a) Costs.--Except as provided in subsection (b), the costs of 
remedial actions relating to hazardous materials on land acquired under 
this title shall be paid by those entities responsible for the costs 
under applicable law.
    (b) Remediation of Prior Testing and Training Activity.--The 
Secretary of the Air Force shall bear all costs of evaluation, 
management, and remediation caused by the previous testing of military 
weapons systems and the training of military forces on non-Federal land 
to be conveyed to the United States under this title.
                                                       Calendar No. 625

114th CONGRESS

  2d Session

                                S. 2383

                          [Report No. 114-349]

_______________________________________________________________________

                                 A BILL

To withdraw certain Bureau of Land Management land in the State of Utah 
   from all forms of public appropriation, to provide for the shared 
 management of the withdrawn land by the Secretary of the Interior and 
 the Secretary of the Air Force to facilitate enhanced weapons testing 
 and pilot training, enhance public safety, and provide for continued 
  public access to the withdrawn land, to provide for the exchange of 
      certain Federal land and State land, and for other purposes.

_______________________________________________________________________

                           September 13, 2016

                       Reported with an amendment