[House Report 113-123]
[From the U.S. Government Publishing Office]
113th Congress Rept. 113-123
HOUSE OF REPRESENTATIVES
1st Session Part 1
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JOHNSON VALLEY NATIONAL OFF-HIGHWAY VEHICLE RECREATION AREA
ESTABLISHMENT 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. 1676]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 1676) to designate the Johnson Valley National
Off-Highway Vehicle Recreation Area in San Bernardino County,
California, to authorize limited military use of the area, to
provide for the transfer of the Southern Study Area to the
administrative jurisdiction of the Secretary of the Navy for
inclusion in the Marine Corps Air Ground Combat Center
Twentynine Palms, and by recreational users, 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 ``Johnson Valley National Off-Highway
Vehicle Recreation Area Establishment Act''.
SEC. 2. DESIGNATION OF JOHNSON VALLEY NATIONAL OFF-HIGHWAY VEHICLE
RECREATION AREA.
(a) Designation.--The approximately 188,000 acres of public land and
interests in land administered by the Secretary of the Interior through
the Bureau of Land Management in San Bernardino County, California, as
generally depicted as the ``Johnson Valley Off-Highway Vehicle
Recreation Area'' on the map titled ``Johnson Valley National Off-
Highway Vehicle Recreation Area and Transfer of the Southern Study
Area'' and dated April 11, 2013, are hereby designated as the ``Johnson
Valley National Off-Highway Vehicle Recreation Area''.
(b) Recreational and Conservation Use.--The Johnson Valley National
Off-Highway Vehicle Recreation Area is designated for the following
purposes:
(1) Public recreation (including off-highway vehicle use,
camping, and hiking) when the lands are not used for military
training as authorized by section 3.
(2) Natural resources conservation.
(c) Withdrawal.--The public land and interests in land included in
the Johnson Valley National Off-Highway Vehicle Recreation Area 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.
(d) Treatment of Existing Rights.--The designation of the Johnson
Valley National Off-Highway Vehicle Recreation Area and the withdrawal
of the public land and interests in land included in the Recreation
Area are subject to valid existing rights.
SEC. 3. LIMITED BIANNUAL MARINE CORPS AIR GROUND COMBAT CENTER
TWENTYNINE PALMS USE OF JOHNSON VALLEY NATIONAL
OFF-HIGHWAY VEHICLE RECREATION AREA.
(a) Use for Military Purposes Authorized.--Subject to subsection (b),
the Secretary of the Interior shall authorize the Secretary of the Navy
to utilize portions of Johnson Valley National Off-Highway Vehicle
Recreation Area twice in each calendar year for up to a total of 60
days per year for the following purposes:
(1) Sustained, combined arms, live-fire, and maneuver field
training for large-scale Marine air-ground task forces.
(2) Individual and unit live-fire training ranges.
(3) Equipment and tactics development.
(4) Other defense-related purposes consistent with the
purposes specified in the preceding paragraphs.
(b) Conditions on Military Use.--
(1) Consultation and public participation requirements.--
Before the Secretary of the Navy requests the two time periods
for military use of the Johnson Valley National Off-Highway
Vehicle Recreation Area in a calendar year, the Secretary of
the Navy shall--
(A) consult with the Secretary of the Interior
regarding the best times for military use to reduce
interference with or interruption of nonmilitary
activities authorized by section 2(b); and
(B) provide for public awareness of and participation
in the selection process.
(2) Public notice.--The Secretary of the Navy shall provide
advance, wide-spread notice before any closure of public lands
for military use under this section.
(3) Public safety.--Military use of the Johnson Valley
National Off-Highway Vehicle Recreation Area during the
biannual periods authorized by subsection (a) shall be
conducted in the presence of sufficient range safety officers
to ensure the safety of military personnel and civilians.
(4) Certain types of ordnance prohibited.--The Secretary of
the Navy shall prohibit the use of dud-producing ordnance in
any military training conducted under subsection (a).
(c) Implementing Agreement.--
(1) Agreement required; required terms.--The Secretary of the
Interior and the Secretary of the Navy shall enter into a
written agreement to implement this section. The agreement
shall include a provision for periodic review of the agreement
for its adequacy, effectiveness, and need for revision.
(2) Additional terms.--The agreement may provide for--
(A) the integration of the management plans of the
Secretary of the Interior and the Secretary of the
Navy;
(B) delegation to civilian law enforcement personnel
of the Department of the Navy of the authority of the
Secretary of the Interior to enforce the laws relating
to protection of natural and cultural resources and of
fish and wildlife; and
(C) the sharing of resources in order to most
efficiently and effectively manage the lands.
(d) Duration.--Any agreement for the military use of the Johnson
Valley National Off-Highway Vehicle Recreation Area shall terminate not
later than March 31, 2039.
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION, SOUTHERN STUDY AREA,
MARINE CORPS AIR GROUND COMBAT CENTER TWENTYNINE
PALMS, CALIFORNIA.
(a) Transfer Required.--Not later than September 30, 2014, the
Secretary of the Interior shall transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of the Navy certain public
land administered by the Bureau of Land Management consisting of
approximately 20,000 acres in San Bernardino County, California, as
generally depicted as the ``Southern Study Area'' on the map referred
to in section 2.
(b) Use of Transferred Land.--Upon the receipt of the land under
subsection (a), the Secretary of the Navy shall include the land as
part of the Marine Corps Air Ground Combat Center Twentynine Palms,
California, and authorize use of the land for military purposes.
(c) Legal Description and Map.--
(1) Preparation and publication.--The Secretary of the
Interior shall publish in the Federal Register a legal
description and map of the public land to be transferred under
subsection (a).
(2) Force of law.--The legal description and map filed 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 clerical and typographical errors in the legal
description and map.
(d) Reimbursement of Costs.--The Secretary of the Navy shall
reimburse the Secretary of the Interior for any costs incurred by the
Secretary of the Interior to carry out this section.
SEC. 5. 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 transferred
by this Act; or
(2) to authorize the appropriation of water on lands
transferred by this Act 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.
PURPOSE OF THE BILL
The purpose of H.R. 1676, as ordered reported, is to
designate the Johnson Valley National Off-Highway Vehicle
Recreation Area in San Bernardino County, California, to
authorize limited military use of the area, and to provide for
the transfer of the Southern Study Area to the administrative
jurisdiction of the Secretary of the Navy for inclusion in the
Marine Corps Air Ground Combat Center Twentynine Palms, and by
recreational users.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 1676 withdraws, subject to valid existing rights, and
designates approximately 188,000 acres of Bureau of Land
Management (BLM) land in San Bernardino County, California, as
the Johnson Valley National Off-Highway Vehicle (OHV)
Recreation Area. In addition to public recreation, the bill
allows for limited biannual military training by the U.S.
Marine Corps (USMC) for up to 60 days per year. The bill also
directs the Secretary of the Interior to transfer approximately
20,000 acres of BLM land in San Bernardino County, California,
to the Secretary of the Navy for inclusion as part of the
Marine Corps Air Ground Combat Center Twentynine Palms,
California.
Designated as an OHV area under the 1980 Desert
Conservation Plan, Johnson Valley is the largest OHV recreation
area in the U.S. and is managed by the BLM. The open area is
used year-round by OHV enthusiasts and a myriad of other
recreationists. It is home to popular King of the Hammers race
and numerous events that draw thousands of motorized recreation
competitors and spectators to the area every year, injecting
millions of dollars into the local economy.
In 2004, the USMC identified the need to train a brigade-
level expeditionary force of about 15,000 troops during two
months of the year and focused on the Twentynine Palms Land
Acquisition and Airspace Establishment to Support Large-Scale
Marine Air Ground Task Force Live-Fire and Maneuver Training at
the Marine Corps Air Ground Combat Center, in California.
Funding for the expansion of the area was included in the
appropriations laws for fiscal years 2011 and 2012. In 2008,
the USMC embarked on a four-year environmental impact study
which ended in February 2013 with a formal request to Congress
to withdraw for the USMC's use approximately 165,000 of the
188,000 acres of the Johnson Valley OHV Recreation Area. The
preferred alternative called for an approximately 40,000 acre
shared-use area, allowing the USMC to train using non-dud
producing ordinance for two months of the year. The shared-use
area would remain open for OHV and multiple-use for the
remaining 10 months. However, this proposal was found to be
untenable, contentious and opposed by the OHV community. H.R.
1676 ensures a balanced approach to meet the future training
needs of the USMC and the continued demand for OHV and other
recreation in the area, with its subsequent economic benefits.
COMMITTEE ACTION
H.R. 1676 was introduced on April 23, 2013, by Congressman
Paul Cook (R-CA). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Public Lands and Environmental Regulation. 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 Subcommittee
on Public Lands and Environmental Regulation was discharged by
unanimous consent. Congressman Rob Bishop (R-UT) offered an
amendment designated #1 to the bill; the amendment was adopted
by voice vote. Congressman Raul Grijalva (D-AZ) offered an
amendment designated .001 to the bill; the amendment was not
adopted by voice vote. No further amendments were offered, and
the bill, as amended, was then adopted and ordered favorably
reported to the House of Representatives by voice vote.
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. 1676--Johnson Valley National Off-Highway Vehicle Recreation Area
Establishment Act
H.R. 1676 would establish the Johnson Valley National Off-
Highway Vehicle Recreation Area on approximately 188,000 acres
of public land in San Bernardino County, California. The
legislation also would authorize up to two military exercises
to be held in the recreation area that would not exceed a total
of 42 days each year. H.R. 1676 also would transfer the
administrative jurisdiction for about 20,000 acres from the
Bureau of Land Management (BLM) to the Navy.
Based on information provided by BLM, CBO estimates that
implementing the legislation would have no significant impact
on the federal budget. BLM currently allows off-highway
vehicles to use this property, and CBO estimates that
implementing the legislation would not significantly affect
BLM's operating costs. Enacting H.R. 1676 would not affect
direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
H.R. 1676 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Martin von
Gnechten. 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 BLM, CBO estimates that implementing
the legislation would have no significant impact on the federal
budget. BLM currently allows off-highway vehicles to use this
property, and CBO estimates that implementing the legislation
would not significantly affect BLM's operating costs.
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 designate
the Johnson Valley National Off-Highway Vehicle Recreation Area
in San Bernardino County, California, to authorize limited
military use of the area, and to provide for the transfer of
the Southern Study Area to the administrative jurisdiction of
the Secretary of the Navy for inclusion in the Marine Corps Air
Ground Combat Center Twentynine Palms, and by recreational
users.
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.