[Congressional Record Volume 162, Number 88 (Monday, June 6, 2016)]
[Senate]
[Page S3440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4388. Mr. UDALL (for himself and Mr. Heinrich) submitted an 
amendment intended to be proposed by him to the bill S. 2943, to 
authorize appropriations for fiscal year 2017 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle I of title X, add the following:

     SEC. 1097. USE OF FILLMORE CANYON FOR RECREATIONAL ACTIVITIES 
                   AND MILITARY TRAINING.

       (a) In General.--The Secretary of the Army (referred to in 
     this section as the ``Secretary'') shall allow for the 
     conduct of certain recreational activities on the 
     approximately 2,050 acres of land generally depicted as 
     ``Parcel D'' on the map entitled ``Organ Mountains Area'' and 
     dated April 19, 2016 (referred to in this section as the 
     ``parcel''), which is a portion of the public land withdrawn 
     and reserved for military purposes by Public Land Order 833 
     dated May 21, 1952 (17 Fed. Reg. 4822).
       (b) Outdoor Recreation Plan.--
       (1) In general.--The Secretary shall develop a plan for 
     public outdoor recreation on the parcel that is consistent 
     with the primary military mission of the parcel.
       (2) Requirement.--In developing the plan under paragraph 
     (1), the Secretary shall ensure, to the maximum extent 
     practicable, that outdoor recreation activities may be 
     conducted on the parcel, including, hunting, hiking, wildlife 
     viewing, and camping.
       (c) Closures.--The Secretary may close the parcel or any 
     portion of the parcel to the public as the Secretary 
     determines to be necessary to protect--
       (1) public safety; or
       (2) the safety of the military members training on the 
     parcel.
       (d) Transfer of Administrative Jurisdiction; Withdrawal.--
       (1) In general.--On a determination by the Secretary that 
     military training capabilities, personnel safety, and 
     installation security would not be hindered as a result of 
     the transfer to the Secretary of the Interior of 
     administrative jurisdiction over the parcel, the Secretary 
     shall transfer to the Secretary of the Interior 
     administrative jurisdiction over the parcel.
       (2) Withdrawal.--On transfer of the parcel under paragraph 
     (1), the parcel shall be--
       (A) under the jurisdiction of the Director of the Bureau of 
     Land Management; and
       (B) withdrawn from--
       (i) entry, appropriation, or disposal under the public land 
     laws;
       (ii) location, entry, and patent under the mining laws; and
       (iii) operation of the mineral leasing, mineral materials, 
     and geothermal leasing laws.
       (3) Reservation.--On transfer under paragraph (1), the 
     parcel shall be reserved for management of the resources of, 
     and military training conducted on, the parcel in accordance 
     with a memorandum of understanding entered into under 
     subsection (e).
       (e) Memorandum of Understanding Relating to Military 
     Training.--
       (1) In general.--If, after the transfer of the parcel under 
     subsection (d)(1), the Secretary requests that the Secretary 
     of the Interior enter into a memorandum of understanding, the 
     Secretary of the Interior shall enter into a memorandum of 
     understanding with the Secretary providing for the conduct of 
     military training on the parcel.
       (2) Requirements.--The memorandum of understanding entered 
     into under paragraph (1) shall--
       (A) address the location, frequency, and type of training 
     activities to be conducted on the parcel;
       (B) provide to the Secretary access to the parcel for the 
     conduct of military training;
       (C) authorize the Secretary of the Interior or the 
     Secretary to close the parcel or a portion of the parcel to 
     the public as the Secretary of the Interior or the Secretary 
     determines to be necessary to protect--
       (i) public safety; or
       (ii) the safety of the military members training; and
       (D) to the maximum extent practicable, provide for the 
     protection of natural, historic, and cultural resources in 
     the area of the parcel.
       (f) Military Overflights.--Nothing in this section 
     restricts or precludes--
       (1) low-level overflights of military aircraft over the 
     parcel, including military overflights that can be seen or 
     heard within the parcel;
       (2) the designation of new units of special airspace over 
     the parcel; or
       (3) the use or establishment of military flight training 
     routes over the parcel.
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