[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4299 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 407
115th CONGRESS
  2d Session
                                H. R. 4299

                      [Report No. 115-542, Part I]

    To provide for the indefinite duration of certain military land 
 withdrawals, to improve the management of lands currently subject to 
    such withdrawals and to make the management of such lands more 
                  transparent, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2017

  Mr. Bishop of Utah (for himself, Mr. Thornberry, and Mr. Wilson of 
 South Carolina) introduced the following bill; which was referred to 
the Committee on Natural Resources, and in addition to the Committee on 
   Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

                            February 2, 2018

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            February 2, 2018

The Committee on Armed Services discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           November 8, 2017]


_______________________________________________________________________

                                 A BILL


 
    To provide for the indefinite duration of certain military land 
 withdrawals, to improve the management of lands currently subject to 
    such withdrawals and to make the management of such lands more 
                  transparent, 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. INDEFINITE DURATION OF CERTAIN MILITARY LAND WITHDRAWALS AND 
              RESERVATIONS AND IMPROVED MANAGEMENT OF WITHDRAWN AND 
              RESERVED LANDS.

    (a) Improving Management of Current Statutory Land Withdrawals and 
Reservations and Making Management More Transparent.--
            (1) Role of secretary of the interior.--Section 101(a)(2) 
        of the Sikes Act (16 U.S.C. 670a(a)(2)) is amended by striking 
        ``, acting through the Director of the United States Fish and 
        Wildlife Service,''.
            (2) Additional elements of integrated natural resources 
        management plan.--Section 101(b) of the Sikes Act (16 U.S.C. 
        670a(b)) is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (I), by striking 
                        ``and'' after the semicolon;
                            (ii) by redesignating subparagraph (J) as 
                        subparagraph (K); and
                            (iii) by inserting after subparagraph (I) 
                        the following new subparagraph:
                    ``(J) procedures to ensure that each periodic 
                review of the plan is conducted jointly by the 
                Secretary of the military department and the Secretary 
                of the Interior, and that affected States and Indian 
                tribes, and the public, are provided a meaningful 
                opportunity to comment upon any substantial revisions 
                to the plan that may be proposed; and'';
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) shall contain a determination by the Secretary of the 
        military department regarding whether there will be a 
        continuing military need for the lands covered by the 
        integrated natural resources management plan during the period 
        of the plan;''.
    (b) El Centro Naval Air Facility Ranges.--
            (1) Elimination of termination date and conforming 
        amendments.--The El Centro Naval Air Facility Ranges Withdrawal 
        Act (subtitle B of title XXIX of Public Law 104-201; 110 Stat. 
        2813) is amended--
                    (A) in section 2921(b)(3), by striking ``, before 
                the termination date specified in section 2925,'';
                    (B) in section 2924(a), by striking the third 
                sentence;
                    (C) by striking sections 2925 and 2927; and
                    (D) in section 2928(a), by striking ``specified in 
                section 2925''.
            (2) Establishment of intergovernmental executive 
        committee.--The El Centro Naval Air Facility Ranges Withdrawal 
        Act (subtitle B of title XXIX of Public Law 104-201; 110 Stat. 
        2813) is further amended by inserting after section 2924 the 
        following new section:

``SEC. 2925. INTERGOVERNMENTAL EXECUTIVE COMMITTEE.

    ``(a) Establishment and Purpose.--The Secretary of the Navy and the 
Secretary of the Interior shall establish, by memorandum of 
understanding, an intergovernmental executive committee for the sole 
purpose of exchanging views, information, and advice relating to the 
management of the natural and cultural resources of the lands withdrawn 
and reserved under this subtitle.
    ``(b) Composition.--
            ``(1) Representatives of other federal agencies.--The 
        Secretary of the Navy and the Secretary of the Interior shall 
        include representatives from interested Federal agencies as 
        members of the intergovernmental executive committee.
            ``(2) Representatives of state and local governments.--The 
        Secretary of the Navy and the Secretary of the Interior shall 
        invite to serve as members of the intergovernmental executive 
        committee--
                    ``(A) at least one elected officer (or other 
                authorized representative) from the government of the 
                State of California; and
                    ``(B) at least one elected officer (or other 
                authorized representative) from each local government 
                and Indian tribal government in the vicinity of the 
                withdrawn and reserved lands, as determined by the 
                Secretaries.
    ``(c) Operation.--The intergovernmental executive committee shall 
operate in accordance with the terms set forth in the memorandum of 
understanding under subsection (a).
    ``(d) Procedures.--The memorandum of understanding under subsection 
(a) shall establish procedures for creating a forum for exchanging 
views, information, and advice relating to the management of natural 
and cultural resources on the lands withdrawn and reserved under this 
subtitle, procedures for rotating the chair of the intergovernmental 
executive committee, and procedures for scheduling regular meetings, 
which shall occur no less frequently than twice a year.
    ``(e) Coordinator.--The Secretary of the Navy, in consultation with 
the Secretary of the Interior, shall appoint an individual to serve as 
coordinator of the intergovernmental executive committee. The duties of 
the coordinator shall be included in the memorandum of understanding 
under subsection (a). The coordinator shall not be a member of the 
committee.
    ``(f) Federal Advisory Committee Act.--The Federal Advisory 
Committee Act (5 U.S.C. App.) does not apply to the intergovernmental 
executive committee.''.
            (3) Determination of continuing military need for 
        withdrawal and reservation and public reports.--The El Centro 
        Naval Air Facility Ranges Withdrawal Act (subtitle B of title 
        XXIX of Public Law 104-201; 110 Stat. 2813) is further amended 
        by inserting after section 2926 the following new section:

``SEC. 2927. DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL 
              AND RESERVATION AND PUBLIC REPORTS.

    ``(a) Determination of Continuing Military Need.--Whenever an 
integrated natural resources management plan covering the lands 
withdrawn and reserved under this subtitle is reviewed as to operation 
and effect as required by section 101(b)(3) of the Sikes Act (16 U.S.C. 
670a(b)(2)), but not less often than every five years, the Secretary of 
the Navy shall include the Secretary's determination regarding whether 
there will be a continuing military need for any or all of the 
withdrawn and reserved lands for the following five years.
    ``(b) Public Reports.--
            ``(1) Changes in land conditions.--(A) Concurrent with each 
        review of an integrated natural resources management plan 
        described in subsection (a), the Secretary of the Navy and the 
        Secretary of the Interior shall jointly prepare and issue a 
        report describing any changes in the condition of the lands 
        withdrawn and reserved under this subtitle since the later of 
        the date of any previous report under this paragraph or the 
        date of the environmental analysis prepared to support the 
        actions that changed the condition of the lands.
            ``(B) A report under subparagraph (A) shall include a 
        summary of current military use of the lands withdrawn and 
        reserved under this subtitle, any changes in military use of 
        the lands since the previous report, and efforts related to the 
        management of natural and cultural resources and environmental 
        remediation of the lands during the previous five years.
            ``(2) Combination with other reports.--A report under this 
        subsection may be combined with, or incorporate by reference, 
        any contemporary report required by any other provision of law 
        regarding the lands withdrawn and reserved under this subtitle.
            ``(3) Public review and comment.--(A) Before the 
        finalization of a report under this subsection, the Secretary 
        of the Navy and the Secretary of the Interior shall invite 
        interested members of the public to review and comment on the 
        report, and shall hold at least one public meeting concerning 
        the report in a location or locations reasonably accessible to 
        persons who may be affected by management of the lands 
        withdrawn and reserved under this subtitle.
            ``(B) Each public meeting under subparagraph (A) shall be 
        announced not less than 15 days before the date of the meeting 
        by advertisements in local newspapers of general circulation, 
        notices on the internet, including the website of El Centro, 
        and any other means considered necessary or desirable by the 
        Secretaries.
            ``(4) Distribution of report.--The final version of a 
        report under this subsection shall be made available to the 
        public and submitted to the Committees on Armed Services and 
        Energy and Natural Resources of the Senate and the Committees 
        on Armed Services and Natural Resources of the House of 
        Representatives.''.
    (c) Juniper Butte Range.--
            (1) Elimination of termination date and conforming 
        amendments.--The Juniper Butte Range Withdrawal Act (title XXIX 
        of Public Law 105-261; 112 Stat. 2226) is amended--
                    (A) in section 2915--
                            (i) in the section heading, by striking 
                        ``duration'' and inserting ``relinquishment'';
                            (ii) in subsection (a), by striking 
                        ``Termination.--'' and all that follows through 
                        ``At the time of termination'' and inserting 
                        ``Effect of Relinquishment on Operation of 
                        General Land Laws.--Upon relinquishment of 
                        Department of the Air Force jurisdiction over 
                        lands withdrawn and reserved by this title'';
                            (iii) in subsection (b)--
                                    (I) in the subsection heading, by 
                                inserting ``Process'' after 
                                ``Relinquishment'';
                                    (II) in paragraph (1), by striking 
                                ``under subsection (c)''; and
                                    (III) in paragraph (3), by striking 
                                ``before the date of termination, as 
                                provided for in subsection (a)(1)''; 
                                and
                            (iv) by striking subsection (c); and
                    (B) in section 2916--
                            (i) in the section heading, by striking 
                        ``or upon termination of withdrawal'';
                            (ii) in subsection (a)(1), by striking 
                        ``and in all cases not later than 2 years 
                        before the date of termination of withdrawal 
                        and reservation,'';
                            (iii) in subsection (b), by striking 
                        ``environmental remediation'' and all that 
                        follows through the end of the subsection and 
                        inserting ``environmental remediation before 
                        relinquishing, to the Secretary of the 
                        Interior, jurisdiction over any lands 
                        identified in a notice of intent to relinquish 
                        under section 2915(b).''; and
                            (iv) in subsection (d)--
                                    (I) in the subsection heading, by 
                                striking ``Terminates'' and inserting 
                                ``Relinquished'';
                                    (II) by striking ``termination 
                                date'' both places it appears and 
                                inserting ``relinquishment date''; and
                                    (III) in paragraph (2), by striking 
                                ``termination'' and inserting 
                                ``relinquishment''.
            (2) Establishment of intergovernmental executive 
        committee.--Section 2910 of the Juniper Butte Range Withdrawal 
        Act (title XXIX of Public Law 105-261; 112 Stat. 2231) is 
        amended by adding at the end the following new subsection:
    ``(d) Intergovernmental Executive Committee.--
            ``(1) Establishment and purpose.--The memorandum of 
        understanding under subsection (a) shall be modified as 
        provided in subsection (c) to establish an intergovernmental 
        executive committee for the sole purpose of exchanging views, 
        information, and advice relating to the management of the 
        natural and cultural resources of the lands withdrawn and 
        reserved by this title.
            ``(2) Composition.--(A) The Secretary of the Air Force and 
        the Secretary of the Interior shall include representatives 
        from interested Federal agencies as members of the 
        intergovernmental executive committee.
            ``(B) The Secretary of the Air Force and the Secretary of 
        the Interior shall invite to serve as members of the 
        intergovernmental executive committee--
                    ``(i) at least one elected officer (or other 
                authorized representative) from the government of the 
                State of Idaho; and
                    ``(ii) at least one elected officer (or other 
                authorized representative) from each local government 
                and Indian tribal government in the vicinity of the 
                withdrawn and reserved lands, as determined by the 
                Secretaries.
            ``(3) Operation.--The intergovernmental executive committee 
        shall operate in accordance with the terms set forth in the 
        memorandum of understanding.
            ``(4) Procedures.--The memorandum of understanding shall 
        establish procedures for creating a forum for exchanging views, 
        information, and advice relating to the management of natural 
        and cultural resources on the lands withdrawn and reserved by 
        this title, procedures for rotating the chair of the 
        intergovernmental executive committee, and procedures for 
        scheduling regular meetings, which shall occur no less 
        frequently than twice a year.
            ``(5) Coordinator.--The Secretary of the Air Force, in 
        consultation with the Secretary of the Interior, shall appoint 
        an individual to serve as coordinator of the intergovernmental 
        executive committee. The duties of the coordinator shall be 
        included in the memorandum of understanding. The coordinator 
        shall not be a member of the committee.
            ``(6) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) does not apply to the 
        intergovernmental executive committee.''.
            (3) Determinations of continuing military need for 
        withdrawal and reservation and public reports.--Section 2909 of 
        the Juniper Butte Range Withdrawal Act (title XXIX of Public 
        Law 105-261; 112 Stat. 2230) is amended--
                    (A) in subsection (c), by adding at the end the 
                following new sentence: ``The review shall include the 
                determination of the Secretary of the Air Force 
                regarding whether there will be a continuing military 
                need for any or all of the withdrawn and reserved lands 
                for the following 5 years.''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(d) Public Reports.--
            ``(1) Changes in land conditions.--(A) Concurrent with each 
        review of an integrated natural resources management plan 
        developed under this section. The Secretary of the Air Force 
        and the Secretary of the Interior shall jointly prepare and 
        issue a report describing any changes in the condition of the 
        lands withdrawn and reserved by this title since the later of 
        the date of any previous report under this paragraph or the 
        date of the environmental analysis prepared to support the 
        actions that changed the condition of the lands.
            ``(B) A report under subparagraph (A) shall include a 
        summary of current military use of the lands withdrawn and 
        reserved by this title, any changes in military use of the 
        lands since the previous report, and efforts related to the 
        management of natural and cultural resources and environmental 
        remediation of the lands during the previous 5 years.
            ``(2) Combination with other reports.--A report under this 
        subsection may be combined with, or incorporate by reference, 
        any contemporary report required by any other provision of law 
        regarding the lands withdrawn and reserved by this title.
            ``(3) Public review and comment.--(A) Before the 
        finalization of a report under this subsection, the Secretary 
        of the Air Force and the Secretary of the Interior shall invite 
        interested members of the public to review and comment on the 
        report, and shall hold at least one public meeting concerning 
        the report in a location or locations reasonably accessible to 
        persons who may be affected by management of the lands 
        withdrawn and reserved by this title.
            ``(B) Each public meeting under subparagraph (A) shall be 
        announced not less than 15 days before the date of the meeting 
        by advertisements in local newspapers of general circulation, 
        notices on the internet, including the website of the Juniper 
        Butte Range (if one exists), and any other means considered 
        necessary or desirable by the Secretaries.
            ``(4) Distribution of report.--The final version of a 
        report under this subsection shall be made available to the 
        public and submitted to the Committees on Armed Services and 
        Energy and Natural Resources of the Senate and the Committees 
        on Armed Services and Natural Resources of the House of 
        Representatives.''.
    (d) Ranges Covered by Subtitle A of Military Lands Withdrawal Act 
of 1999.--
            (1) Elimination of termination date and conforming 
        amendments.--The Military Lands Withdrawal Act of 1999 (title 
        XXX of Public Law 106-65; 113 Stat. 885) is amended--
                    (A) by striking section 3015;
                    (B) by striking section 3016 and inserting the 
                following new section:

``SEC. 3016. RELINQUISHMENT.

    ``(a) Notice of Intent Regarding Relinquishment.--If the Secretary 
of the military department concerned decides to relinquish all or any 
of the lands withdrawn and reserved by section 3011, such Secretary 
shall transmit a notice of intent to relinquish such lands to the 
Secretary of the Interior.
    ``(b) Opening Date.--On the date of relinquishment of the 
withdrawal and reservation of lands withdrawn and reserved by section 
3011, such lands shall not be open to any form of appropriation under 
the public land laws, including the mineral laws and the mineral 
leasing and geothermal leasing laws, until the Secretary of the 
Interior publishes in the Federal Register an appropriate order stating 
the date upon which such lands shall be restored to the public domain 
and opened.''; and
                    (C) in section 3017--
                            (i) by striking ``section 3016(d)'' each 
                        place it appears and inserting ``section 
                        3016''; and
                            (ii) in subsection (e)--
                                    (I) by striking ``If because'' and 
                                all that follows through ``determines 
                                that'' and inserting ``If the Secretary 
                                of the Interior declines to accept 
                                jurisdiction over lands withdrawn by 
                                this subtitle which have been proposed 
                                for relinquishment because the 
                                Secretary determines that''; and
                                    (II) in paragraph (2), by striking 
                                ``the expiration of the withdrawal of 
                                such lands under this subtitle'' and 
                                inserting ``such determination''.
            (2) Establishment of intergovernmental executive 
        committees.--Section 3014 of the Military Lands Withdrawal Act 
        of 1999 (title XXX of Public Law 106-65; 113 Stat. 890) is 
        amended by adding at the end the following new subsection:
    ``(g) Intergovernmental Executive Committees.--
            ``(1) Establishment and purpose.--For the lands withdrawn 
        and reserved by section 3011, the Secretary of the military 
        department concerned and the Secretary of the Interior shall 
        establish, by memorandum of understanding, an intergovernmental 
        executive committee for each range for the sole purpose of 
        exchanging views, information, and advice relating to the 
        management of the natural and cultural resources of the 
        withdrawn and reserved lands.
            ``(2) Composition.--(A) The Secretary of the military 
        department concerned and the Secretary of the Interior shall 
        include representatives from interested Federal agencies as 
        members of the intergovernmental executive committee for a 
        range.
            ``(B) The Secretary of the military department concerned 
        and the Secretary of the Interior shall invite to serve as 
        members of the intergovernmental executive committee for a 
        range--
                    ``(i) at least one elected officer (or other 
                authorized representative) from the government of the 
                State in which the withdrawn and reserved lands are 
                located; and
                    ``(ii) at least one elected officer (or other 
                authorized representative) from each local government 
                and Indian tribal government in the vicinity of the 
                withdrawn and reserved lands, as determined by the 
                Secretaries.
            ``(3) Operation.--The intergovernmental executive committee 
        for a range shall operate in accordance with the terms set 
        forth in the memorandum of understanding.
            ``(4) Procedures.--The memorandum of understanding for a 
        range shall establish procedures for creating a forum for 
        exchanging views, information, and advice relating to the 
        management of natural and cultural resources on the withdrawn 
        and reserved lands, procedures for rotating the chair of the 
        intergovernmental executive committee, and procedures for 
        scheduling regular meetings, which shall occur no less 
        frequently than twice a year.
            ``(5) Coordinator.--The Secretary of the military 
        department concerned, in consultation with the Secretary of the 
        Interior, shall appoint an individual to serve as coordinator 
        of the intergovernmental executive committee for a range. The 
        duties of the coordinator shall be included in the memorandum 
        of understanding. The coordinator shall not be a member of the 
        committee.
            ``(6) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) does not apply to an 
        intergovernmental executive committee established under this 
        subsection.''.
            (3) Determination of continuing military need for 
        withdrawal and reservation and public reports.--The Military 
        Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65; 
        113 Stat. 885) is further amended by inserting after section 
        3014 the following new section:

``SEC. 3015. DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL 
              AND RESERVATION AND PUBLIC REPORTS.

    ``(a) Determination of Continuing Military Need.--Whenever an 
integrated natural resources management plan covering the lands 
withdrawn and reserved under section 3011 is reviewed as to operation 
and effect as required by section 101(b)(3) of the Sikes Act (16 U.S.C. 
670a(b)(2)), but not less often than every five years, the Secretary of 
the military department concerned shall include the Secretary's 
determination regarding whether there will be a continuing military 
need for any or all of the withdrawn and reserved lands for the 
following five years.
    ``(b) Public Reports.--
            ``(1) Changes in land conditions.--(A) Concurrent with each 
        review of an integrated natural resources management plan 
        described in subsection (a), the Secretary of the military 
        department concerned and the Secretary of the Interior shall 
        jointly prepare and issue a report describing any changes in 
        the condition of the lands covered by the plan since the later 
        of the date of any previous report under this paragraph or the 
        date of the environmental analysis prepared to support the 
        actions that changed the condition of the lands.
            ``(B) A report under subparagraph (A) shall include a 
        summary of current military use of the lands covered by the 
        plan, any changes in military use of the lands since the 
        previous report, and efforts related to the management of 
        natural and cultural resources and environmental remediation of 
        the lands during the previous five years.
            ``(2) Combination with other reports.--A report under this 
        subsection may be combined with, or incorporate by reference, 
        any contemporary report required by any other provision of law 
        regarding the lands covered by the integrated natural resources 
        management plan.
            ``(3) Public review and comment.--(A) Before the 
        finalization of a report under this subsection, the Secretary 
        of the military department concerned and the Secretary of the 
        Interior shall invite interested members of the public to 
        review and comment on the report, and shall hold at least one 
        public meeting concerning the report in a location or locations 
        reasonably accessible to persons who may be affected by 
        management of the lands addressed by the report.
            ``(B) Each public meeting under subparagraph (A) shall be 
        announced not less than 15 days before the date of the meeting 
        by advertisements in local newspapers of general circulation, 
        notices on the internet, including the website of the affected 
        military range (if one exists), and any other means considered 
        necessary or desirable by the Secretaries.
            ``(4) Distribution of report.--The final version of a 
        report under this subsection shall be made available to the 
        public and submitted to the Committees on Armed Services and 
        Energy and Natural Resources of the Senate and the Committees 
        on Armed Services and Natural Resources of the House of 
        Representatives.''.
    (e) Barry M. Goldwater Range.--
            (1) Elimination of termination date and conforming 
        amendments.--Section 3031 of the Military Lands Withdrawal Act 
        of 1999 (title XXX of Public Law 106-65; 113 Stat. 897) is 
        amended--
                    (A) in subsection (c)--
                            (i) in paragraph (1), by striking ``, 
                        including the duration of any renewal or 
                        extension'';
                            (ii) in paragraph (2)--
                                    (I) in the paragraph heading, by 
                                striking ``or termination''; and
                                    (II) in subparagraph (C), by 
                                striking the last sentence; and
                            (iii) in paragraph (3)(A), by striking ``or 
                        termination''; and
                    (B) in subsection (d), by striking ``Duration'' and 
                all that follows through ``of the termination'' and 
                inserting ``Effect of Relinquishment on Operation of 
                General Land Laws.--On the date of relinquishment'';
                    (C) by striking subsection (e); and
                    (D) in subsection (f)--
                            (i) in the subsection heading, by striking 
                        ``Termination and'';
                            (ii) in paragraph (1), by striking ``but 
                        not later than three years before the 
                        termination of the withdrawal and 
                        reservation,'';
                            (iii) in paragraph (3), by striking 
                        ``before the termination date of the withdrawal 
                        and reservation of such lands under this 
                        section''; and
                            (iv) in paragraph (4)(A), by striking 
                        ``Notwithstanding the termination date, 
                        unless'' and inserting ``Unless''.
            (2) Determinations of continuing military need for 
        withdrawal and reservation.--Section 3031 of the Military Lands 
        Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113 
        Stat. 897) is further amended by inserting after subsection (d) 
        the following new subsection:
    ``(e) Periodic Determination of Continuing Military Need.--Whenever 
an integrated natural resources management plan covering the lands 
withdrawn and reserved under this section is reviewed as to operation 
and effect as required by section 101(b)(3) of the Sikes Act (16 U.S.C. 
670a(b)(2)), but not less often than every five years, the Secretary of 
the Navy and the Secretary of the Air Force shall include the 
Secretary's determination regarding whether there will be a continuing 
military need for any or all of the withdrawn and reserved lands for 
the following five years.''.
            (3) Use of definitions.--Section 3031(c)(5) of the Military 
        Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65; 
        113 Stat. 907) is amended by striking subparagraphs (A) and (B) 
        and inserting the following:
                    ``(A) The term `military munitions' has the meaning 
                given that term in section 101(e)(4) of title 10, 
                United States Code.
                    ``(B) The term `unexploded ordnance' has the 
                meaning given that term in section 101(e)(5) of such 
                title.''.
    (f) National Training Center.--
            (1) Elimination of termination date and conforming 
        amendments.--The Fort Irwin Military Land Withdrawal Act of 
        2001 (title XXIX of Public Law 107-107; 115 Stat. 1335) is 
        amended--
                    (A) in section 2910, by striking the section 
                heading and all that follows through ``At the time of 
                termination'' and inserting the following:

``SEC. 2910. EFFECT OF RELINQUISHMENT ON OPERATION OF GENERAL LAND 
              LAWS.

    ``On the date of relinquishment'';
                    (B) by striking section 2911; and
                    (C) in section 2912--
                            (i) in the section heading, by striking 
                        ``TERMINATION AND'';
                            (ii) in subsection (a), by striking 
                        ``During the first 22 years of the withdrawal 
                        and reservation made by this title, if'' and 
                        inserting ``If'';
                            (iii) in subsection (c), by striking 
                        ``before the termination date of the withdrawal 
                        and reservation''; and
                            (iv) in subsection (d), by striking 
                        ``Notwithstanding the termination date 
                        specified in section 2910, unless'' and 
                        inserting ``Unless''.
            (2) Determination of continuing military need for 
        withdrawal and reservation and public reports.--The Fort Irwin 
        Military Land Withdrawal Act of 2001 (title XXIX of Public Law 
        107-107; 115 Stat. 1335) is further amended by inserting after 
        section 2910 the following new section:

``SEC. 2911. DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL 
              AND RESERVATION AND PUBLIC REPORTS.

    ``(a) Periodic Determination of Continuing Need.--Whenever an 
integrated natural resources management plan covering the lands 
withdrawn and reserved under this title is reviewed as to operation and 
effect as required by section 101(b)(3) of the Sikes Act (16 U.S.C. 
670a(b)(2)), but not less often than every five years, the Secretary of 
the Army shall include in the plan the Secretary's determination 
regarding whether there will be a continuing military need for any or 
all of the withdrawn and reserved lands for the following five years.
    ``(b) Public Reports.--
            ``(1) Changes in land conditions.--(A) Concurrent with each 
        review of an integrated natural resources management plan 
        described in subsection (a), the Secretary of the Army and the 
        Secretary of the Interior shall jointly prepare and issue a 
        report describing any changes in the condition of the lands 
        withdrawn and reserved by this title since the later of the 
        date of any previous report under this paragraph or the date of 
        the environmental analysis prepared to support the actions that 
        changed the condition of the lands.
            ``(B) A report under subparagraph (A) shall include a 
        summary of current military use of the lands withdrawn and 
        reserved by this title, any changes in military use of the 
        lands since the previous report, and efforts related to the 
        management of natural and cultural resources and environmental 
        remediation of the lands during the previous five years.
            ``(2) Combination with other reports.--A report under this 
        subsection may be combined with, or incorporate by reference, 
        any contemporary report required by any other provision of law 
        regarding the lands withdrawn and reserved by this title.
            ``(3) Public review and comment.--(A) Before the 
        finalization of a report under this subsection, the Secretary 
        of the Army and the Secretary of the Interior shall invite 
        interested members of the public to review and comment on the 
        report, and shall hold at least one public meeting concerning 
        the report in a location or locations reasonably accessible to 
        persons who may be affected by management of the lands 
        withdrawn and reserved by this title.
            ``(B) Each public meeting under subparagraph (A) shall be 
        announced not less than 15 days before the date of the meeting 
        by advertisements in local newspapers of general circulation, 
        notices on the internet, including the website of National 
        Training Range, and any other means considered necessary or 
        desirable by the Secretaries.
            ``(4) Distribution of report.--The final version of a 
        report under this subsection shall be made available to the 
        public and submitted to the Committees on Armed Services and 
        Energy and Natural Resources of the Senate and the Committees 
        on Armed Services and Natural Resources of the House of 
        Representatives.''.
            (3) Establishment of intergovernmental executive 
        committee.--The Fort Irwin Military Land Withdrawal Act of 2001 
        (title XXIX of Public Law 107-107; 115 Stat. 1335) is further 
        amended by adding at the end the following new section:

``SEC. 2914. INTERGOVERNMENTAL EXECUTIVE COMMITTEE.

    ``(a) Establishment and Purpose.--The Secretary of the Army and the 
Secretary of the Interior shall establish, by memorandum of 
understanding, an intergovernmental executive committee for the sole 
purpose of exchanging views, information, and advice relating to the 
management of the natural and cultural resources of the lands withdrawn 
and reserved by this title.
    ``(b) Composition.--
            ``(1) Representatives of other federal agencies.--The 
        Secretary of the Army and the Secretary of the Interior shall 
        include representatives from interested Federal agencies as 
        members of the intergovernmental executive committee.
            ``(2) Representatives of state and local governments.--The 
        Secretary of the Army and the Secretary of the Interior shall 
        invite to serve as members of the intergovernmental executive 
        committee--
                    ``(A) at least one elected officer (or other 
                authorized representative) from the government of the 
                State of California; and
                    ``(B) at least one elected officer (or other 
                authorized representative) from each local government 
                and Indian tribal government in the vicinity of the 
                withdrawn and reserved lands, as determined by the 
                Secretaries.
    ``(c) Operation.--The intergovernmental executive committee shall 
operate in accordance with the terms set forth in the memorandum of 
understanding under subsection (a).
    ``(d) Procedures.--The memorandum of understanding under subsection 
(a) shall establish procedures for creating a forum for exchanging 
views, information, and advice relating to the management of natural 
and cultural resources on the lands withdrawn and reserved by this 
title, procedures for rotating the chair of the intergovernmental 
executive committee, and procedures for scheduling regular meetings, 
which shall occur no less frequently than twice a year.
    ``(e) Coordinator.--The Secretary of the Army, in consultation with 
the Secretary of the Interior, shall appoint an individual to serve as 
coordinator of the intergovernmental executive committee. The duties of 
the coordinator shall be included in the memorandum of understanding 
under subsection (a). The coordinator shall not be a member of the 
committee.
    ``(f) Federal Advisory Committee Act.--The Federal Advisory 
Committee Act (5 U.S.C. App.) does not apply to the intergovernmental 
executive committee.''.
    (g) Ranges Covered by Military Land Withdrawals Act of 2013.--
            (1) Elimination of termination date and conforming 
        amendments.--The Military Land Withdrawals Act of 2013 (title 
        XXIX of Public Law 113-66; 127 Stat. 1025) is amended--
                    (A) by striking sections 2919, 2920; 2936, 2946, 
                and 2979;
                    (B) in section 2921, by striking ``On the 
                termination of'' and inserting ``On the relinquishment 
                of''; and
                    (C) in section 2922(d)(3)--
                            (i) in the paragraph heading, by striking 
                        ``on termination'' and inserting ``upon 
                        relinquishment''; and
                            (ii) by striking ``or if at the expiration 
                        of the withdrawal and reservation,''.
            (2) Establishment of intergovernmental executive 
        committee.--The Military Land Withdrawals Act of 2013 (title 
        XXIX of Public Law 113-66; 127 Stat. 1025) is further amended 
        by inserting after section 2918 the following new section:

``SEC. 2919. INTERGOVERNMENTAL EXECUTIVE COMMITTEE.

    ``(a) Establishment and Purpose.--For the lands withdrawn and 
reserved by sections 2931, 2941, and 2971, the Secretary concerned and 
the Secretary of the Interior shall establish, by memorandum of 
understanding, an intergovernmental executive committee for each 
location for the sole purpose of exchanging views, information, and 
advice relating to the management of the natural and cultural resources 
of the withdrawn and reserved lands.
    ``(b) Composition.--
            ``(1) Representatives of other federal agencies.--The 
        Secretary concerned and the Secretary of the Interior shall 
        include representatives from interested Federal agencies as 
        members of the intergovernmental executive committee for a 
        location covered by subsection (a).
            ``(2) Representatives of state and local governments.--The 
        Secretary concerned and the Secretary of the Interior shall 
        invite to serve as members of the intergovernmental executive 
        committee for a location covered by subsection (a)--
                    ``(A) at least one elected officer (or other 
                authorized representative) from the government of the 
                State in which the withdrawn and reserved lands are 
                located; and
                    ``(B) at least one elected officer (or other 
                authorized representative) from each local government 
                and Indian tribal government in the vicinity of the 
                withdrawn and reserved lands, as determined by the 
                Secretaries.
    ``(c) Operation.--The intergovernmental executive committee for a 
location covered by subsection (a) shall operate in accordance with the 
terms set forth in the memorandum of understanding under subsection 
(a).
    ``(d) Procedures.--The memorandum of understanding under subsection 
(a) shall establish procedures for creating a forum for exchanging 
views, information, and advice relating to the management of natural 
and cultural resources on the withdrawn and reserved lands, procedures 
for rotating the chair of the intergovernmental executive committee, 
and procedures for scheduling regular meetings, which shall occur no 
less frequently than twice a year.
    ``(e) Coordinator.--The Secretary concerned, in consultation with 
the Secretary of the Interior, shall appoint an individual to serve as 
coordinator of the intergovernmental executive committee for a location 
covered by subsection (a). The duties of the coordinator shall be 
included in the memorandum of understanding under subsection (a). The 
coordinator shall not be a member of the committee.
    ``(f) Federal Advisory Committee Act.--The Federal Advisory 
Committee Act (5 U.S.C. App.) does not apply to an intergovernmental 
executive committee for a location covered by subsection (a).''.
            (3) Determination of continuing military need for 
        withdrawal and reservation and public reports.--The Military 
        Land Withdrawals Act of 2013 (title XXIX of Public Law 113-66; 
        127 Stat. 1025) is further amended by inserting after section 
        2919, as added by paragraph (2), the following new section:

``SEC. 2920. DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL 
              AND RESERVATION AND PUBLIC REPORTS.

    ``(a) Periodic Determination of Continuing Need.--Whenever an 
integrated natural resources management plan covering the lands 
withdrawn and reserved under a subtitle of this title is reviewed as to 
operation and effect as required by section 101(b)(3) of the Sikes Act 
(16 U.S.C. 670a(b)(2)), but not less often than every five years, the 
Secretary concerned shall include in the plan the Secretary's 
determination regarding whether there will be a continuing military 
need for any or all of the withdrawn and reserved lands for the 
following five years.
    ``(b) Public Reports.--
            ``(1) Changes in land conditions.--(A) Concurrent with each 
        review of an integrated natural resources management plan 
        described in subsection (a), the Secretary concerned and the 
        Secretary of the Interior shall jointly prepare and issue a 
        report describing any changes in the condition of the lands 
        covered by the plan since the later of the date of any previous 
        report under this paragraph or the date of the environmental 
        analysis prepared to support the actions that changed the 
        condition of the lands.
            ``(B) A report under subparagraph (A) shall include a 
        summary of current military use of the lands covered by the 
        plan, any changes in military use of the lands since the 
        previous report, and efforts related to the management of 
        natural and cultural resources and environmental remediation of 
        the lands during the previous five years.
            ``(2) Combination with other reports.--A report under this 
        subsection may be combined with, or incorporate by reference, 
        any contemporary report required by any other provision of law 
        regarding the lands addressed by the report.
            ``(3) Public review and comment.--(A) Before the 
        finalization of a report under this subsection, the Secretary 
        concerned and the Secretary of the Interior shall invite 
        interested members of the public to review and comment on the 
        report, and shall hold at least one public meeting concerning 
        the report in a location or locations reasonably accessible to 
        persons who may be affected by management of the lands 
        addressed by the report.
            ``(B) Each public meeting under subparagraph (A) shall be 
        announced not less than 15 days before the date of the meeting 
        by advertisements in local newspapers of general circulation, 
        notices on the internet, including the website of the affected 
        military range (if one exists), and any other means considered 
        necessary or desirable by the Secretaries.
            ``(4) Distribution of report.--The final version of a 
        report under this subsection shall be made available to the 
        public and submitted to the Committees on Armed Services and 
        Energy and Natural Resources of the Senate and the Committees 
        on Armed Services and Natural Resources of the House of 
        Representatives.''.
    (h) Effect on New Land Withdrawals and Reservations.--Nothing in 
this Act or the amendments made by this Act shall be construed as 
changing the requirements imposed on the Department of Defense to 
obtain a new or expanded land withdrawal and reservation.
                                                 Union Calendar No. 407

115th CONGRESS

  2d Session

                               H. R. 4299

                      [Report No. 115-542, Part I]

_______________________________________________________________________

                                 A BILL

    To provide for the indefinite duration of certain military land 
 withdrawals, to improve the management of lands currently subject to 
    such withdrawals and to make the management of such lands more 
                  transparent, and for other purposes.

_______________________________________________________________________

                            February 2, 2018

   Reported from the Committee on Natural Resources with an amendment

                            February 2, 2018

The Committee on Armed Services discharged; committed to the Committee 
 of the Whole House on the State of the Union and ordered to be printed