[House Report 113-121]
[From the U.S. Government Publishing Office]
113th Congress Rept. 113-121
HOUSE OF REPRESENTATIVES
1st Session Part 1
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LIMESTONE HILLS TRAINING AREA WITHDRAWAL ACT
_______
June 24, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 1672]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1672) to withdraw and reserve certain public
lands administered by the Bureau of Land Management for
exclusive military use as part of the Limestone Hills Training
Area, Montana, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limestone Hills Training Area
Withdrawal Act''.
SEC. 2. WITHDRAWAL AND RESERVATION OF PUBLIC LANDS FOR LIMESTONE HILLS
TRAINING AREA, MONTANA.
(a) Withdrawal.--Subject to valid existing rights and except as
provided in this Act, the public lands and interests in lands described
in subsection (c), and all other areas within the boundaries of such
lands as depicted on the map provided for by subsection (d) that may
become subject to the operation of the public land laws, are hereby
withdrawn from all forms of appropriation under the public land laws,
including the mining laws and the mineral leasing and geothermal
leasing laws.
(b) Reservation; Purpose.--Subject to the limitations and
restrictions contained in section 4, the public lands withdrawn by
subsection (a) are reserved for use by the Secretary of the Army for
the following purposes:
(1) The conduct of training for active and reserve components
of the Armed Forces.
(2) The construction, operation, and maintenance of
organizational support and maintenance facilities for component
units conducting training.
(3) The conduct of training by the Montana Department of
Military Affairs, except that any such use may not interfere
with purposes specified in paragraphs (1) and (2).
(4) The conduct of training by State and local law
enforcement agencies, civil defense organizations, and public
education institutions, except that any such use may not
interfere with military training activities.
(5) Other defense-related purposes consistent with the
purposes specified in the preceding paragraphs.
(c) Land Description.--The public lands and interests in lands
withdrawn and reserved by this section comprise approximately 18,644
acres in Broadwater County, Montana, as generally depicted as
``Proposed Land Withdrawal'' on the map titled ``Limestone Hills
Training Area Land Withdrawal'', dated April 10, 2013.
(d) Legal Description and Map.--
(1) In general.--As soon as practicable after the date of the
enactment of this Act, the Secretary of the Interior shall
publish in the Federal Register a legal description of the
public land withdrawn under subsection (a) and a copy of a map
depicting the legal description of the withdrawn land.
(2) Force of law.--The legal description and map published
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary of the Interior
may correct errors in the legal description.
(3) Reimbursement of costs.--The Secretary of the Army shall
reimburse the Secretary of the Interior for any costs incurred
by the Secretary of the Interior in implementing this
subsection.
(e) Indian Tribes.--Nothing in this Act shall be construed as
altering any rights reserved for an Indian tribe for tribal use of
lands within the military land withdrawal by treaty or Federal law. The
Secretary of the Army shall consult with any Indian tribes in the
vicinity of the military land withdrawal before taking action within
the military land withdrawal affecting tribal rights or cultural
resources protected by treaty or Federal law.
SEC. 3. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.
During the period of the withdrawal and reservation specified in
section 6, the Secretary of the Army shall manage the public lands
withdrawn by section 2 for the purposes specified in subsection (b) of
such section, subject to the limitations and restrictions contained in
section 4.
SEC. 4. SPECIAL RULES GOVERNING MINERALS MANAGEMENT.
(a) Indian Creek Mine.--
(1) In general.--Of the lands withdrawn by section 2,
locatable mineral activities in the approved Indian Creek Mine
plan of operations, MTM-78300, shall be regulated pursuant to
subparts 3715 and 3809 of title 43, Code of Federal
Regulations. Of the lands withdrawn by section 2, the land area
subject to the approved plan of operations shall permanently
remain open to the amendment or relocation of mining claims (or
both) under the Act of May 10, 1872 (commonly known as the
General Mining Act of 1872; 30 U.S.C. 22 et seq.) to the extent
necessary to preserve the mining operations described in the
approved plan of operations.
(2) Restrictions on secretary of the army.--The Secretary of
the Army shall make no determination that the disposition of or
exploration for minerals as provided for in the approved plan
of operations is inconsistent with the defense-related uses of
the lands covered by the military land withdrawal. The
coordination of such disposition of and exploration for
minerals with defense-related uses of such lands shall be
determined pursuant to procedures in an agreement provided for
under subsection (c).
(b) Removal of Unexploded Ordnance on Lands To Be Mined.--
(1) Removal activities.--Subject to the availability of funds
appropriated for such purpose, the Secretary of the Army shall
remove unexploded ordnance on lands withdrawn by section 2 that
are subject to mining under subsection (a), consistent with
applicable Federal and State law. The Secretary of the Army may
engage in such removal of unexploded ordnance in phases to
accommodate the development of the Indian Creek Mine pursuant
to subsection (a).
(2) Report on removal activities.--The Secretary of the Army
shall annually submit to the Secretary of the Interior a report
regarding the unexploded ordnance removal activities for the
previous fiscal year performed pursuant to this subsection. The
report shall include--
(A) the amounts of funding expended for unexploded
ordnance removal on the lands withdrawn by section 2;
and
(B) the identification of the lands cleared of
unexploded ordnance and approved for mining activities
by the Secretary of the Interior.
(c) Implementation Agreement for Mining Activities.--The Secretary of
the Interior and the Secretary of the Army shall enter into an
agreement to implement this section with regard to coordination of
defense-related uses and mining and the ongoing removal of unexploded
ordnance. The duration of the agreement shall be the same as the period
of the withdrawal under section 2, but may be amended from time to
time. The agreement shall provide the following:
(1) That Graymont Western US, Inc., or any successor or
assign of the approved Indian Creek Mine mining plan of
operations, MTM-78300, is invited to be a party to the
agreement.
(2) Provisions regarding the day-to-day joint-use of the
Limestone Hills Training Area.
(3) Provisions addressing when military and other authorized
uses of the withdrawn lands will occur.
(4) Provisions regarding when and where military use or
training with explosive material will occur.
(5) Provisions regarding the scheduling of training
activities conducted within the withdrawn area that restrict
mining activities and procedures for deconfliction with mining
operations, including parameters for notification and sanction
of anticipated changes to the schedule.
(6) Provisions regarding liability and compensation for
damages or injury caused by mining or military training
activities.
(7) Provisions for periodic review of the agreement for its
adequacy, effectiveness, and need for revision.
(8) Procedures for access through mining operations covered
by this section to training areas within the boundaries of the
Limestone Hills Training Area.
(9) Procedures for scheduling of the removal of unexploded
ordnance.
(d) Existing Memorandum of Agreement.--Until such time as the
agreement required under subsection (c) becomes effective, the
compatible joint use of the lands withdrawn and reserved by section 2
shall be governed, to the extent compatible, by the terms of the 2005
Memorandum of Agreement among the Montana Army National Guard, Graymont
Western US Inc. and the Bureau of Land Management.
SEC. 5. GRAZING.
(a) Issuance and Administration of Permits and Leases.--The issuance
and administration of grazing permits and leases, including their
renewal, on the public lands withdrawn by section 2 shall be managed by
the Secretary of the Interior consistent with all applicable laws,
regulations, and policies of the Secretary of the Interior relating to
such permits and leases.
(b) Safety Requirements.--With respect to any grazing permit or lease
issued after the date of the enactment of this Act for lands withdrawn
by section 2, the Secretary of the Interior and the Secretary of the
Army shall jointly establish procedures that are consistent with
Department of the Army explosive and range safety standards and that
provide for the safe use of any such lands.
(c) Assignment.--The Secretary of the Interior may, with the
agreement of the Secretary of the Army, assign the authority to issue
and to administer grazing permits and leases to the Secretary of the
Army, except that such an assignment may not include the authority to
discontinue grazing on the lands withdrawn by section 2.
SEC. 6. DURATION OF WITHDRAWAL AND RESERVATION.
The military land withdrawal made by section 2 shall terminate on
March 31, 2039.
SEC. 7. PAYMENTS IN LIEU OF TAXES.
The lands withdrawn by section 2 shall remain eligible as entitlement
land under 31 U.S.C. 6901.
SEC. 8. HUNTING, FISHING AND TRAPPING.
All hunting, fishing and trapping on the lands withdrawn by section 2
shall be conducted in accordance with the provisions of 10 U.S.C. 2671.
SEC. 9. WATER RIGHTS.
(a) Water Rights.--Nothing in this Act shall be construed--
(1) to establish a reservation in favor of the United States
with respect to any water or water right on lands withdrawn by
section 2; or
(2) to authorize the appropriation of water on lands
withdrawn by section 2 except in accordance with applicable
State law.
(b) Effect on Previously Acquired or Reserved Water Rights.--This
section shall not be construed to affect any water rights acquired or
reserved by the United States before the date of the enactment of this
Act.
SEC. 10. BRUSH AND RANGE FIRE PREVENTION AND SUPPRESSION.
(a) Required Activities.--The Secretary of the Army shall, consistent
with any applicable land management plan, take necessary precautions to
prevent, and actions to suppress, brush and range fires occurring as a
result of military activities on the lands withdrawn and reserved by
section 2, including fires outside those lands that spread from the
withdrawn land and which occurred as a result of such activities.
(b) Cooperation of Secretary of the Interior.--At the request of the
Secretary of the Army, the Secretary of the Interior shall provide
assistance in the suppression of such fires and shall be reimbursed for
such assistance by the Secretary of the Army. Notwithstanding 10 U.S.C.
2215, the Secretary of the Army may transfer to the Secretary of the
Interior, in advance, funds to reimburse the costs of the Department of
the Interior in providing such assistance.
SEC. 11. ON-GOING DECONTAMINATION.
During the withdrawal and reservation authorized by section 2, the
Secretary of the Army shall maintain, to the extent funds are available
for such purpose, a program of decontamination of contamination caused
by defense-related uses on such lands consistent with applicable
Federal and State law. The Secretary of Defense shall include a
description of such decontamination activities in the annual report
required by section 10 U.S.C. 2711.
SEC. 12. APPLICATION FOR RENEWAL OF A WITHDRAWAL AND RESERVATION.
(a) Notice.--To the extent practicable, no later than five years
before the termination of the withdrawal and reservation made by
section 2, the Secretary of the Army shall notify the Secretary of the
Interior whether the Secretary of the Army will have a continuing
defense-related need for any of the lands withdrawn and reserved by
section 2 after the termination date of such withdrawal and
reservation. The Secretary of the Army shall provide a copy of the
notice to the Committee on Armed Services and the Committee on Energy
and Natural Resources of the Senate and the Committee on Armed Services
and the Committee on Natural Resources of the House of Representatives.
(b) Filing for Extension.--If the Secretary of the Army concludes
that there will be a continuing defense-related need for any of the
withdrawn and reserved lands after the termination date, the Secretary
of the Army shall file an application for extension of the withdrawal
and reservation of such needed lands in accordance with the regulations
and procedures of the Department of the Interior applicable to the
extension of withdrawals and reservations.
SEC. 13. LIMITATION ON SUBSEQUENT AVAILABILITY OF LANDS FOR
APPROPRIATION.
At the time of termination of a withdrawal and reservation made by
section 2, the previously withdrawn lands shall not be open to any form
of appropriation under the public land laws, including the mining laws
and the mineral leasing and geothermal leasing laws, until the
Secretary of the Interior publishes in the Federal Register an
appropriate order specifying the date upon which such lands shall be
restored to the public domain and opened for such purposes.
SEC. 14. RELINQUISHMENT.
(a) Notice of Intention to Relinquish.--If, during the period of
withdrawal and reservation under section 2, the Secretary of the Army
decides to relinquish any or all of the lands withdrawn and reserved,
the Secretary of the Army shall file a notice of intention to
relinquish with the Secretary of the Interior.
(b) Determination of Contamination.--As a part of the notice under
subsection (a), the Secretary of the Army shall include a written
determination concerning whether and to what extent the lands that are
to be relinquished are contaminated with explosive materials or toxic
or hazardous substances.
(c) Public Notice.--The Secretary of the Interior shall publish in
the Federal Register the notice of intention to relinquish, including
the determination concerning the contaminated state of the lands.
(d) Decontamination of Lands to Be Relinquished.--
(1) If land subject of a notice of intention to relinquish
pursuant to subsection (a) is contaminated, and the Secretary
of the Interior, in consultation with the Secretary of the
Army, determines that decontamination is practicable and
economically feasible (taking into consideration the potential
future use and value of the land) and that, upon
decontamination, the land could be opened to operation of some
or all of the public land laws, including the mining laws and
the mineral leasing and geothermal leasing laws, the Secretary
of the Army shall decontaminate the land to the extent that
funds are appropriated for such purpose.
(2) If the Secretary of the Interior, after consultation with
the Secretary of the Army, concludes that decontamination of
land subject of a notice of intention to relinquish pursuant to
subsection (a) is not practicable or economically feasible, or
that the land cannot be decontaminated sufficiently to be
opened to operation of some or all of the public land laws, or
if Congress does not appropriate sufficient funds for the
decontamination of such land, the Secretary of the Interior
shall not be required to accept the land proposed for
relinquishment.
(3) If the Secretary of the Interior declines to accept the
lands that have been proposed for relinquishment because of
their contaminated state, or if at the expiration of the
withdrawal and reservation made by section 2 the Secretary of
the Interior determines that some of the lands withdrawn and
reserved are contaminated to an extent which prevents opening
such contaminated lands to operation of the public land laws--
(A) the Secretary of the Army shall take appropriate
steps to warn the public of the contaminated state of
such lands and any risks associated with entry onto
such lands;
(B) after the expiration of the withdrawal and
reservation, the Secretary of the Army shall undertake
no activities on such lands except in connection with
decontamination of such lands; and
(C) the Secretary of the Army shall report to the
Secretary of the Interior and to the Congress
concerning the status of such lands and all actions
taken in furtherance of this paragraph.
(e) Revocation Authority.--Upon deciding that it is in the public
interest to accept the lands proposed for relinquishment pursuant to
subsection (a), the Secretary of the Interior may order the revocation
of the withdrawal and reservation made by section 2 as it applies to
such lands. The Secretary of the Interior shall publish in the Federal
Register the revocation order, which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of the lands by the
Secretary of the Interior; and
(3) state the date upon which the lands will be opened to the
operation of some or all of the public land laws, including the
mining laws.
(f) Acceptance by Secretary of the Interior.--Nothing in this section
shall be construed to require the Secretary of the Interior to accept
the lands proposed for relinquishment if the Secretary determines that
such lands are not suitable for return to the public domain. If the
Secretary makes such a determination, the Secretary shall provide
notice of the determination to Congress.
PURPOSE OF THE BILL
The purpose of H.R. 1672, as ordered reported, is to
withdraw and reserve certain public lands administered by the
Bureau of Land Management for exclusive military use as part of
the Limestone Hills Training Area, Montana.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 1672 withdraws, for 25 years, approximately 18,644
acres of Bureau of Land Management (BLM) land in Broadwater
County, Montana, for continued use as part of the Montana Army
Reserve National Guard (MRARNG) Limestone Hills Training Area
(LHTA), Montana. The bill requires a three-party agreement
between the Secretary of the Interior, the Secretary of the
Army and Graymont Western US, Inc., to ensure the continued
compatible joint-use of this area. Grazing will also continue
in the withdrawn area when it is not in use by the MTARNG. The
land affected by the withdrawal will also remain eligible for
Payments In Lieu of Taxes program, 31 U.S.C. 6901.
The LHTA is a maneuver and live-fire military training area
and the primary training area for the MTARNG. The LHTA is
collocated with an active limestone mine and seasonal grazing
allotments. In 1984, the MTARNG was inappropriately issued a
30-year right-of-way (ROW) for the LHTA, which the Bureau of
Land Management (BLM) in 1993 said would need to be converted
to a withdrawal. In the interim, a three-party Memorandum of
Agreement between the MTARNG, BLM and Graymont was devised to
ensure the collaborative joint-use of the area. To date, all
parties have successfully operated within the approximately
18,644 acres to be withdrawn. Should the ROW expire, the MTARNG
would no longer be able to utilize LHTA for training purposes.
H.R. 1672 will extend the withdrawal, allowing the MTARNG to
remain and ensure the continued, collaborative and successful
joint-use of the LHTA.
COMMITTEE ACTION
H.R. 1672 was introduced on April 23, 2013, by Congressman
Steve Daines (R-MT). The bill was referred to the Committee on
Natural Resources, and within the Committee to the
Subcommittees on Public Lands and Environmental Regulation and
Energy and Mineral Resources. The bill was also referred to the
Committee on Armed Services. On April 26, 2013, the
Subcommittee on Public Lands and Environmental Regulation held
a hearing on the bill. On May 15, 2013, the Full Natural
Resources Committee met to consider the bill. The Subcommittees
on Public Lands and Environmental Regulation and Energy and
Mineral Resources were discharged by unanimous consent.
Congressman Rob Bishop (R-UT) offered an amendment designated
#1 to the bill; the amendment was adopted by unanimous consent.
No further amendments were offered, and the bill, as amended,
was then adopted and ordered favorably reported to the House of
Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 1672--Limestone Hills Training Area Withdrawal Act
H.R. 1672 would withdraw about 19,000 acres of federal
lands in Montana from programs to develop geothermal and
mineral resources. The Army would manage the withdrawn lands
and use them for military training purposes. Based on
information provided by the Bureau of Land Management (BLM),
CBO estimates that implementing the bill would have no
significant impact on the federal budget. Enacting H.R. 1672
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
Under current law, the affected lands are subject to a
temporary right-of-way that allows the Army to use those lands
for military training purposes. H.R. 1672 would prohibit
certain activities that could generate receipts on the affected
lands in the future (such receipts are accounted for in the
budget as decreases in direct spending); however, because CBO
expects that those lands would not generate any receipts over
the next 10 years, we estimate that enacting the bill would not
affect direct spending.
In addition, because the affected lands are already managed
by the federal government, we estimate that implementing the
legislation would not affect the costs of managing those lands.
Finally, CBO estimates that any additional costs to prepare the
legal description of the affected lands, as required under the
bill, would total less than $5,000, subject to the availability
of appropriated funds.
H.R. 1672 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information provided by the Bureau of Land Management, CBO
estimates that implementing the bill would have no significant
impact on the federal budget.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to withdraw and
reserve certain public lands administered by the Bureau of Land
Management for exclusive military use as part of the Limestone
Hills Training Area, Montana.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.