[Senate Report 113-160]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 377
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-160

======================================================================



 
                LIMESTONE HILLS TRAINING AREA WITHDRAWAL

                                _______
                                

                  May 14, 2014.--Ordered to be printed

                                _______
                                

   Ms. Landrieu, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1169]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1169) to withdraw and reserve certain 
public land in the State of Montana for the Limestone Hills 
Training Area, and for other purposes, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill, as amended, do pass.
    The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Limestone Hills Training Area 
Withdrawal Act of 2013''.

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withdrawn from all forms of appropriation under the public land laws, 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restrictions contained in section 4, the public lands withdrawn by 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.
          (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 
        resolution of anticipated changes to the schedule.
          (6) Procedures for access through mining operations covered 
        by this section to training areas within the boundaries of the 
        Limestone Hills Training Area.
          (7) 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. HUNTING, FISHING AND TRAPPING.

  All hunting, fishing and trapping on the lands withdrawn by section 2 
shall be conducted in accordance with section 2671 of title 10, United 
States Code.

SEC. 8. 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. 9. 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 section 
2215 of title 10, United States Code, 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. 10. 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 2711 of title 10, United States Code.

SEC. 11. 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. 12. 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. 13. 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) Conditions requiring decontamination.--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) Discretion if conditions not met.--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) Response.--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

    The purpose of S. 1169 is to withdraw and reserve for use 
by the Secretary of the Army approximately 18,644 acres at the 
Limestone Hills Training Area in Montana.

                          BACKGROUND AND NEED

    The Limestone Hills are a small sub-range of the Big Belt 
Mountains, on the east side of the Continental Divide, 
southeast of Helena, in Broadwater County, Montana. The Montana 
Army National Guard has used the Limestone Hills area west of 
the Missouri River near the town of Townsend, Montana, as a 
training ground since 1952. Most of the nearly 20,000-acre 
training area is on public land managed by the Bureau of Land 
Management. In 1984, the Bureau of Land Management issued the 
Montana Army National Guard a right-of-way to use the area for 
military purposes for 30 years. The right-of-way expires on 
March 26, 2014.
    In 1986, following issuance of the right-of-way, the 
Interior Board of Land Appeals ruled in an unrelated case that 
use of the public lands for military maneuvers may not be 
authorized by a right-of-way. Department of the Army, 95 IBLA 
52 (1986). Accordingly, in 1993, the Bureau of Land Management 
advised the Montana Army National Guard that the right-of-way 
would not be renewed and requested that the Guard apply for a 
land withdrawal if it wished to continue using the area after 
the right-of-way expires. The Montana Army National Guard asked 
to withdraw the training area in 2002.
    The Department of the Army seeks the withdrawal of 18,644 
acres of public land within the Limestone Hills Training Area 
for the continued use of the Montana Army National Guard. Under 
the Engle Act, 43 U.S.C. 156, legislation is required to 
withdraw more than 5,000 acres for military purposes.

                          LEGISLATIVE HISTORY

    S. 1169 was introduced by Senators Baucus and Tester on 
June 13, 2013. The Subcommittee on Public Lands, Forests, and 
Mining held a hearing on the bill on July 30, 2013 (S. Hrg. 
113-85). At its business meeting on November 14, 2013, the 
Committee ordered S. 1169 favorably reported.
    Similar legislation was included as section 202 of S. 1309, 
the Military Land Withdrawals Act of 2013, which was also 
ordered reported by the Committee on November 14, 2013.
    In addition, similar legislation was subsequently 
incorporated as subtitle B of title XXIX of H.R. 3304, the 
National Defense Authorization Act for Fiscal Year 2014, which 
was enacted as Public Law 113-66 on December 26, 2013.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on November 14, 2013, by a voice vote of 
a quorum present, recommends that the Senate pass S. 1169, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 1169 on November 14, 2013, 
the Committee adopted an amendment in the nature of a 
substitute. The amendment strikes: (1) section 4(a)(3) from the 
bill as introduced, which would have given certain mining 
claimants the opportunity to amend or relocate mining claims 
and reinstate expired claims; (2) paragraphs (6) and (7) of 
section 4(c) of the bill as introduced, which would have 
required the memorandum of understanding between the Secretary 
of the Interior and the Secretary of the Army to contain 
provisions regarding liability and compensation and for 
periodic review; and (3) section 7 of the bill as introduced, 
which would have made the withdrawn lands eligible for payment 
in lieu of taxes under section 6901 of title 31 of the United 
States Code. The amendment is further described in the section-
by-section analysis.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides the short title ``Limestone Hills 
Training Area Withdrawal Act of 2013''.
    Section 2(a) withdraws approximately 18,644 acres in 
Broadwater County, Montana depicted on the map ``Limestone 
Hills Training Area Land Withdrawal''.
    Subsection (b) reserves the lands withdrawn by subsection 
(a) for use by the Secretary of the Army for the training of 
active and reserve components of the Armed Forces, the Montana 
Department of Military Affairs, State and local law enforcement 
agencies, civil defense organizations, and public education 
institutions, and other, consistent defense-related purposes.
    Subsection (c) provides the description of the lands and 
interests withdrawn and reserved by the bill.
    Subsection (d)(1) instructs the Secretary of the Interior 
to publish in the Federal Register a legal description of the 
public land withdrawn and a copy of a map depicting the 
withdrawn land.
    Paragraph (2) provides the map and the legal description 
shall have the same force of law as if it were included in this 
Act. It also authorizes the Secretary to correct errors in the 
legal description.
    Paragraph (3) authorizes the Secretary of the Army to 
reimburse the Secretary of the Interior for any costs incurred 
in implementing Subsection (d).
    Subsection (e) protects any rights reserved for an Indian 
Tribe for tribal use within the military land withdrawal by 
treaty or Federal law. It authorizes the Secretary of the Army 
to consult with any Indian Tribe in the vicinity of the 
military land withdrawal affecting protected tribal rights or 
resources before taking action within the military land 
withdrawal.
    Section (3) requires the Secretary of the Army to manage 
the withdrawn lands subject to the limitations and restrictions 
in section 4.
    Section (4)(a)(1) provides that the Indian Creek Mine plan 
of operations shall be regulated pursuant subparts 3715 and 
3809 of title 43, Code of Federal Regulations.
    Paragraph (2) restricts the Secretary of the Army's 
authority to restrict the disposition of and exploration for 
minerals in the withdrawn lands.
    Subsection (b)(1) instructs the Secretary of the Army to 
remove unexploded ordnance on the Indian Creek Mine lands that 
are subject to mining. It also allows the Secretary of the Army 
to conduct this removal in phases to accommodate the 
development of the Indian Creek Mine.
    Paragraph (2) instructs the Secretary of the Army to submit 
a report regarding unexploded ordnance removal activities for 
the previous fiscal year performed to the Secretary of the 
Interior. This report will include: (A) the amounts of funding 
used for unexploded ordnance removal on the lands withdrawn; 
and (B) the identification of the lands cleared of unexploded 
ordnance and approved for mining activities by the Secretary of 
the Interior.
    Subsection (c) requires the Secretary of the Interior and 
the Secretary of the Army to enter into an agreement to 
implement defense-related uses and mining, and the ongoing 
removal of unexploded ordnance.
    Subsection (d) provides that until subsection (c) becomes 
effective, the lands withdrawn under section 2 will be governed 
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.
    Section 5(a) authorizes the Secretary of the Interior to 
manage the issuance and administration of grazing permits and 
leases, including their renewal, on the public lands withdrawn 
by section 2.
    Subsection (b) instructs the Secretary of the Army and the 
Secretary of the Interior to jointly establish safety 
procedures with respect to any grazing permit or lease issued 
that are consistent with Department of the Army explosive and 
range safety standards and that provide for the safe use of any 
such lands.
    Subsection (c) authorizes the Secretary of the Interior, 
with the agreement of the Secretary of the Army, to assign the 
authority to issue and 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.
    Section 6 terminates the military land withdrawal on March 
31, 2039.
    Section 7 clarifies all hunting, fishing and trapping on 
the lands withdrawn by section 2 will be conducted in 
accordance with Federal law.
    Section 8(a)(1) clarifies that the legislation does not 
establish a federal water reservation in any water or water 
right on the withdrawn lands or authorize the appropriation of 
water on the withdrawn lands, except in accordance with 
applicable State law.
    Subsection (b) further clarifies that subsection (a) does 
not affect federal water rights acquired or reserved before the 
date of the enactment.
    Section 9 requires the Secretary of the Army to 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.
    Subsection (b) authorizes the Secretary of the Interior to 
assist in the suppression of fires at the request of the 
Secretary of the Army. The Secretary of the Army may transfer 
in advance funds to reimburse the costs of the Department of 
the Interior in providing assistance.
    Section 10 requires the Secretary of the Army to maintain a 
decontamination program of contaminated lands caused by 
defense-related uses. The Secretary of Defense shall include a 
description of such decontamination activities in the annual 
report required by Federal law.
    Section 11(a) authorizes the Secretary of the Army to 
notify, no later than five years before the termination of the 
withdrawal, the Secretary of the Interior whether the Secretary 
of the Army will have a continuing defense-related need for any 
of the lands withdrawn after March 31, 2039. The Secretary of 
the Army is required to 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.
    Subsection (b) authorizes the Secretary of the Army to file 
an application for extension of the withdrawal and reservation 
if the Secretary of the Army concludes that there is a defense-
related need for any of the withdrawn and reserved lands after 
the termination date.
    Section 12 clarifies that at the time of termination of the 
withdrawal, the previously withdrawn lands will not be open to 
any form of appropriation until the Secretary of the Interior 
publishes in the Federal Register an order specifying the date 
which the lands will be restored to the public domain.
    Section 13(a) requires the Secretary of the Army to file a 
notice of intention to relinquish with the Secretary of the 
Interior if the Secretary of the Army decides to relinquish any 
or all lands withdrawn and reserved before the March 31, 2039, 
termination.
    Subsection (b) requires the Secretary of the Army to 
include a written determination concerning whether and to what 
extent the relinquished lands are contaminated with explosive, 
hazardous, or toxic substances.
    Subsection (c) requires the Secretary of the Interior to 
publish in the Federal Register the notice of intention to 
relinquish, including the determination concerning the 
contaminated state of the lands.
    Subsection (d)(1) requires the Secretary of the Army to 
decontaminate relinquished lands if decontamination is 
practicable and economically feasible. Paragraph (2) authorizes 
the Secretary of the Interior to decline to accept contaminated 
lands proposed to be relinquished if decontamination is not 
practicable or economically feasible. Paragraph (3) provides 
for contaminated lands that the Secretary of the Interior has 
declined to accept.
    Subsection (e) authorizes the Secretary of the Interior to 
revoke the withdrawal and reservation if in the public 
interest.
    Subsection (f) preserves the Secretary of the Interior's 
authority to decline to accept the relinquished lands if the 
Secretary determines that such lands are not suitable for 
return to public domain.

                   COST AND BUDGETARY CONSIDERATIONS

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1169--Limestone Hills Training Area Withdrawal Act of 2013

    S. 1169 would withdraw roughly 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 S. 1169 
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 them for 
military training purposes. S. 1169 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.
    S. 1169 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.
    On June 11, 2013, CBO transmitted a cost estimate for H.R. 
1672, the Limestone Hills Training Area Withdrawal Act, as 
ordered reported by the House Committee on Natural Resources on 
May 15, 2013. The two bills are similar, and the CBO cost 
estimates are the same.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1169.
    The bill is not a regulatory measure in the sense of 
imposing Government-established standards or significant 
economic responsibilities on private individuals and 
businesses.
    No personal information would be collected in administering 
the program. Therefore, there would be no impact on personal 
privacy.
    Little, if any, additional paperwork would result from the 
enactment of S. 1169, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1169, as reported, does not contain any congressionally 
directed spending items, limited tax benefits, or limited 
tariff benefits as defined in rule XLIV of the Standing Rules 
of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of the Army and 
Bureau of Land Management at the July 30, 2013, Subcommittee on 
Public Lands, Forests, and Mining hearing on S. 1169 follows:

Statement of the Honorable Katherine G. Hammack, Assistant Secretary of 
           the Army (Installations, Energy, and Environment)

    Thank you, Chairman Manchin, Ranking Member Barrasso and 
other distinguished Members of the Committee for the 
opportunity to provide comments on S. 1169, legislation to 
withdraw public lands in Montana for use by the Army, and S. 
753, legislation to withdraw public lands in New Mexico.


          limestone hills training area withdrawal act of 2013


    Senate Bill 1169, the Limestone Hills Training Area 
Withdrawal Act, would withdraw and reserve approximately 18,644 
acres of federal land that comprises the Limestone Hills 
Training Area (LHTA) for use by the Army, and assign primary 
management of the property from the Department of the Interior 
to the Department of the Army for a 25-year period.
    The lands comprising the LHTA are public domain lands, 
currently under the control of the Bureau of Land Management 
(BLM). The legislation would enable continued training on the 
land by the Montana National Guard (MTNG) and other active and 
reserve components of the armed forces that have used the 
property for training purposes for several decades. In order 
for the Army to continue occupying the property, the land must 
be ``withdrawn from the public domain,'' which can only be 
accomplished by an Act of Congress. Unless legislation is 
passed, the Army's current authority to use the property will 
end in March 2014.
    The LHTA is operated by the MTNG and is their only large-
scale live fire and maneuver training area. It is a critically 
important training asset for the MTNG, used by approximately 
3,800 Guardsmen annually, for diverse training involving small 
arms, crew-served weapons, mortars, and demolition activities. 
The LHTA represents a realistic, open training environment 
within a reasonable travel distance for most Guardsmen and for 
equipment, which is maintained off site. This regional training 
asset allows us to avoid the expenditures of time, money, and 
fuel that would result if training had to be located elsewhere.
    The LHTA is also used by the active and reserve components 
of the other branches of the military and is made available in 
some cases for use by other federal, state, and local agencies. 
Some 10,000 personnel from other services use the site each 
year. Many of those personnel are from special operations units 
who are preparing for rotations in Afghanistan and other 
forward locations. The LHTA is especially valuable because of 
the variety of training conducted there, which is reflected in 
the number and diversity of organizations that train there.
    There are a number of other, non-federal activities that 
occur at the LHTA, and the Army is respectful of the multiple 
uses of the property. We are particularly proud of the 
collaborative relationship among the MTNG, the BLM, and the 
other stakeholders in the area. The Army closely coordinates 
with the operators of an active limestone mine within the 
withdrawal area. The Army firmly supports allowing existing 
mining claims to proceed to development in accordance with 
previously approved plans of operations, and we are confident 
this can occur. The MTNG plans meticulously to ensure that 
training and mining operations are held at a safe distance, and 
that any unexploded ordnance (UXO) is removed from the mining 
area. Training activities are also deconflicted with grazing 
operations, wildlife habitat, and use of two public roads that 
traverse the property. There is a proven track record of 
accommodating multiple uses of the property while fulfilling 
military training and mission needs.
    The MTNG is party to an existing agreement with the BLM and 
with Graymont Western US, Inc., the current mine operator. This 
agreement specifies the procedures that the parties follow to 
coordinate and deconflict their respective activities. As 
provided for in the legislation, the Army is prepared to enter 
into a new agreement to update those procedures during the 
withdrawal period. We do not foresee any difficulty in 
maintaining procedures to ensure that training and readiness 
are maintained while accommodating the needs of other parties.
    While the Army supports withdrawal of the property to 
enable its continued use for military training, the Army has 
significant concerns with certain language in the bill that 
would legislatively expand certain rights for mineral 
disposition or exploration. The Army opposes inclusion of 
Subsection 4(a)(3), which would provide an opportunity for 
certain mining claimants to amend or relocate mining claims and 
to reinstate expired claims. This provision would give 
unprecedented latitude to these claimants, which could impact 
land required for military training--including live fire impact 
areas. This would severely limit the ability of the Army to 
plan and conduct training on the property. The Army supports 
allowing existing mining claims to proceed to development in 
accordance with previously approved plans of operations and in 
accordance with applicable law and regulation. However, the 
Army strongly objects to this Subsection as it would grant 
particular mining claimants the ability to operate without 
regard for the withdrawal and reservation. There is no clear 
precedent for this provision, which stands in opposition to the 
normal purpose and effect of military land withdrawals. By 
granting unique privileges to certain mining claimants, this 
provision is also contrary to the normal operation of mining 
laws and regulations, which provide equal treatment for all 
claimants who are similarly situated.
    The LHTA is an important asset for the readiness of the 
armed forces. If the land is not withdrawn, Limestone Hills 
will be returned to the BLM and the MTNG would be forced to 
conduct its primary training events at other locations. 
Changing training venues could markedly increase the costs to 
the MTNG over current expenditures. Additionally, UXO 
contamination would need to be mitigated if the range were 
closed. Since funding for UXO removal from active ranges is 
controlled and prioritized differently from funding for cleanup 
of closed ranges, if the range is closed, Army priorities and 
schedules for UXO removal would be affected. We appreciate the 
effort to keep this important training asset open and 
available.
    Noting the strong objection to Subsection 4(a)(3), we 
support S. 1169 with the exclusion of that provision. The 
Department of Defense has submitted a legislative proposal to 
the Congress for consideration that would also address the 
withdrawal requirements for LHTA. The proposal, introduced as 
S. 1309, is fully coordinated and agreed to within the 
Administration, and would provide urgent and necessary 
authority to continue training and operations.


  s. 753, a bill to provide for national security benefits for white 
                   sands missile range and fort bliss


    The other legislation I would like to discuss is S. 753, 
which involves the withdrawal of 42,700 acres of public lands 
in New Mexico and reservation of 5,100 of those acres for use 
by the Department of the Army. The bill would also transfer 
administration of 2,050 acres from the Army to the Department 
of Interior. These lands are directly adjacent to Fort Bliss 
and the White Sands Missile Range (WSMR). As the two largest 
military installations in the United States, Fort Bliss and 
WSMR consist of nearly 5,000 square miles of land that 
accommodates military training, research, development, and test 
and evaluation. In addition to Army test activities, WSMR hosts 
several other federal tenants, including NASA and the National 
Reconnaissance Office (NRO).
    A portion of the withdrawal, totaling 37,600 acres, is 
adjacent to the Dona Ana tank gunnery and artillery range 
complex at Fort Bliss. Training in this location can generate 
significant noise, vibration, and dust, which can all migrate 
off the installation. Army analysis has determined that noise 
levels occurring in the area to be withdrawn are higher than is 
recommended for various categories of use and development. The 
Army is concerned that residential and commercial development 
may occur in that area. The legislation would ensure that 
incompatible development does not occur in that area. In doing 
so, the legislation would establish an enduring buffer for the 
live-fire ranges in the Dona Ana training area.
    A separate 5,100 acre portion of the land that would be 
withdrawn by this legislation is adjacent to tenant operations 
at WSMR: the NASA White Sands Test Facility; the NASA Goddard 
Space Flight Center Tracking and Data Relay Satellite Systems 
facility; and the NRO Aerospace Data Facility--Southwest. These 
operations are co-located and have special security and safety 
requirements. The land set aside for their use, while large 
enough to handle the mission, no longer resides in a remote 
location. As with many locations in the southwest, this area 
has seen a large increase in population in recent years. The 
facilities sit close to the border of a public access area, and 
a number of security incidents in the area have highlighted the 
value of having a controlled stand-off area. This legislation 
would reserve for military control a one-mile stand-off area 
between those tenant activities and the public access area, 
which would improve the security for these facilities.
    The bill would also return administration of a small area 
at Fort Bliss from the Department of the Army to the Department 
of the Interior. The 2,050 acre parcel, previously withdrawn 
for military use, would be transferred to the BLM. This parcel 
has relatively limited training value for Fort Bliss due to its 
limited access from the installation. The Army does not object 
to the return of this land to BLM, but we offer one technical 
comment on the provision. Since the parcel was originally 
withdrawn by Public Land Order 833, a partial legislative 
revocation of that Public Land Order would ensure a clear 
interpretation of congressional intent.
    The Army has worked cooperatively with the Bureau of Land 
Management and other neighbors and stakeholders in addressing 
land use issues in this area. We appreciate the cooperation and 
interest of all parties who support the various missions at 
Fort Bliss and WSMR. The Army supports this legislation, which 
would protect those important national security missions.
    Thank you for the opportunity to discuss these topics, I 
look forward to any questions you have.

    Statement of Ned Farquhar, Deputy Assistant Secretary, Land and 
            Minerals Management, Department of the Interior

    Thank you for the opportunity to present testimony on three 
public land withdrawal bills, S. 753, S. 1169, and S. 1309. S. 
753 seeks to achieve boundary solutions at White Sands Missile 
Range (WSMR) and Fort Bliss in New Mexico. The Administration 
supports S. 753, but would like to work with the Subcommittee 
and the sponsor on technical modifications to the bill. S. 
1169, the Limestone Hills Training Area Withdrawal Act, would 
withdraw approximately 18,644 acres of public land for use by 
the Department of the Army (Army) in Montana. The 
Administration supports the continued use of the lands 
identified in S. 1169 by the Army, but has concerns with the 
provision related to the location and maintenance of mining 
claims. We look forward to working with the Subcommittee and 
the sponsor on modifications to address these concerns. S. 
1309, the Military Land Withdrawals Act, was introduced at the 
Administration's request. The bill reflects the 
Administration's FY 2014 National Defense Authorization Act 
(NDAA) legislative proposal for three public land withdrawals 
in California and one in Montana. The Administration urges the 
Senate to pass S. 1309 to support military use of the lands at 
Chocolate Mountain Aerial Gunnery Range (CMAGR), Naval Air 
Weapons Station (NAWS) China Lake, Marine Corps Air Ground 
Combat Center (MCAGCC) Twentynine Palms, and Limestone Hills 
Training Area.


                               background


    Public lands are managed by the Department of the Interior 
(DOT) through the Bureau of Land Management (BLM). Public land 
withdrawals are formal lands actions that set aside, withhold, 
or reserve public land by statute or administrative order for 
public purposes. Withdrawals are established for a wide variety 
of purposes, e.g., power site reserves, military reservations, 
administrative sites, recreation sites, national parks, 
reclamation projects, and wilderness areas. Withdrawals are 
most often used to preserve sensitive environmental values and 
major Federal investments in facilities or other improvements, 
to support national security, and to provide for public health 
and safety. Withdrawals of public lands for military use 
require joint actions by DOI and the Department of Defense 
(DOD). DOD has a number of installations, training areas, and 
ranges that are located partially or wholly on temporarily or 
permanently withdrawn public lands. Many of these withdrawals 
support installations that are critical to the nation's ability 
to provide for the readiness of the Armed Forces. Approximately 
16 million acres of public lands are withdrawn for military 
purposes.
    There was no limit on the amount of public land that could 
be withdrawn administratively at a single location for military 
use until 1958 when the Engle Act (P.L. 85-337) became law. The 
Engle Act requires an Act of Congress to authorize military 
land withdrawals aggregating 5,000 acres or more for any one 
defense project or facility. Similarly, there was no limit on 
the time period of administrative withdrawals until 1976 when 
the Federal Land Policy and Management Act (FLPMA) (P.L. 94-
579) became law. FLPMA allows the Secretary of the Interior to 
administratively make withdrawals aggregating 5,000 acres or 
more for purposes other than military use, for a period of not 
more than 20 years. Legislative military withdrawals have 
traditionally included time limits, with renewal required every 
15, 20, or 25 years, depending on the terms in the legislation.
    DOI appreciates the importance of military installations 
for the security of the Nation and supports the multiple 
missions of our Armed Forces. We are proud to be able to offer 
public lands to support military readiness, training, and 
testing, and are proud to be able to assist the military in 
meeting its mission needs. Throughout the country we have 
established productive partnerships and other working 
arrangements with the military and we intend to continue these 
mutually beneficial arrangements. We are especially 
appreciative of the military's stewardship of the withdrawn 
lands they manage. These arrangements have worked out well for 
all concerned and should continue.
    The Administration believes that the traditional, periodic 
review that is a part of the legislative withdrawal process is 
vital to promoting the highest quality stewardship and 
management of the public lands proposed for withdrawal in these 
bills. This process provides opportunities for DOD and the 
military branches to evaluate their continued use of the lands 
and obtain the participation and assistance of DOI in sound 
management, for DOT to ensure that the lands are being managed 
in ways that could allow their eventual return to the public 
domain for broader public use, and for the Congress and the 
public to provide input and oversight.


  s. 753, boundary solutions at white sands missile range (vvsmr) and 
                               fort bliss


    WSMR is a test range of approximately 2.2 million acres in 
parts of five counties in southern New Mexico, making it one of 
the largest military installations in the United States. WSMR 
is contiguous to Fort Bliss to the south, which is used for 
military training. The majority of the lands that comprise both 
WSMR and Fort Bliss, over 2.4 million acres, are public lands 
withdrawn and reserved for the use of the Army under Public 
Land Order (PLO) 833 and by Public Law 106-65.
    S. 753 seeks to achieve boundary solutions at WSMR and Fort 
Bliss. First, the bill would withdraw and reserve approximately 
5,100 additional acres for use by the Army at WSMR, to allow 
for an additional buffer area between the current public access 
areas and operations of several WSMR tenants, such as the NASA 
White Sands Test Facility and the NASA Goddard Space Flight 
Center Tracking and Data Relay Satellite Systems Facility. The 
Administration supports the goal of allowing the use of the 
lands by the Army. However, these lands receive significant 
public use, mainly in the form of hunting and livestock 
grazing. Because the introduced bill does not address grazing, 
the reduction in the existing grazing permit and removal of any 
authorized range improvements within these lands would be 
carried out in accordance with BLM's grazing regulations at 43 
C.F.R. Part 4100.
    S. 753 would also withdraw approximately 37,600 acres of 
public lands from the operation of certain public land laws, in 
order to establish a zone to buffer the noise, dust and 
vibrations from the live fire training activities on the 
adjoining Dona Ana tank gunnery and artillery range complex at 
Fort Bliss. These lands would remain under the full management 
of the Department of the Interior, but they would be withdrawn 
from the public land laws, the mining laws, and the mineral 
leasing, mineral materials, and geothermal leasing laws. The 
Administration supports the withdrawal of these lands, 
consistent with a similar provision included in the 
Administration's FY 2014 NDAA legislative proposal.
    Additionally, S. 753 would transfer to the Secretary of the 
Interior administrative jurisdiction over approximately 2,050 
acres of public lands previously withdrawn and reserved for the 
Army's use under PLO 833. The lands are part of an area known 
as Filmore Canyon, and are adjacent on two sides to the BLM's 
Organ Mountains Area of Critical of Environmental Concern 
(ACEC). Filmore Canyon is adjacent to the community of Las 
Cruces and includes hunting opportunities and scenic lands that 
are popular for year-round hiking. The BLM manages the Organ 
Mountains ACEC for significant scenic values and endangered 
wildlife species, and the ACEC contains cultural sites eligible 
for listing on the National Register of Historic Places. The 
Administration supports the return of these lands to full 
management by the Department of the Interior as part of a 
cohesive boundary solution at WSMR and Fort Bliss. We would 
like to work with the Subcommittee and the sponsor on technical 
modifications.


         s. 1169, limestone hills training area withdrawal act


    The Limestone Hills Training Area consists of 18,644 acres 
of public lands in Broadwater County, Montana that have been 
used for military training since the 1950s. In 1984, the BLM 
issued the Army a right-of-way formally permitting use of the 
training area for military purposes. The current right-of-way 
expires on March 26, 2014. The Montana Army National Guard is 
the primary DOD user of the training area, which is also used 
by reserve and active components from all branches of the 
military services for live fire, mounted and dismounted 
maneuver training, and aviation training. The withdrawal of the 
Limestone Hills Training area is necessary because the BLM has 
determined that it no longer has the authority to permit the 
use of the lands for military maneuvers under a right-of-way 
instrument.
    S. 1169 would withdraw and assign general management of the 
training area to the Army, but would keep management of grazing 
and mineral resources with the BLM. This arrangement is 
consistent with the Administration's FY 2014 NDAA legislative 
proposal, and the Administration supports the goal of allowing 
the use of the lands by the Army under a withdrawal and 
reservation. However, the introduced bill contains a provision 
related to the location and maintenance of mining claims that 
is at odds with the Administration's legislative proposal, and 
with which the Administration has concerns.
    Section 4 of S. 1169 would legislatively expand certain 
rights for mineral disposition or exploration. It would set a 
new precedent for public land withdrawals by allowing the 
opportunity to cure discrepancies in the original location or 
the failure to maintain several hundred mining claims in the 
Indian Creek mine area for the duration of the withdrawal. The 
legislative language could be interpreted to allow mining 
claimants to take in new land under existing claims, which 
could impact land required for military training--including 
live fire impact areas. By granting unique privileges to 
certain mining claimants, this provision is contrary to the 
normal operation of mining laws and regulations, which provide 
equal treatment for all claimants who are similarly situated. 
The Administration looks forward to working with the 
Subcommittee and the sponsor on modifications to address these 
concerns and on more technical changes to incorporate general 
provisions from the FY 2014 NDAA legislative proposal.


               s. 1309, the military land withdrawals act


    S. 1309, the Military Land Withdrawals Act, represents the 
Administration's legislative proposal to enact four public land 
withdrawals as part of the FY 2014 NDAA. This proposal was 
jointly prepared by DOD and DOI and represents extensive 
discussions and consensus building between the two agencies to 
achieve common goals. Presently, the two existing withdrawals 
for NAWS China Lake, California, and CMAGR, California, enacted 
in the California Military Lands Withdrawal and Overflights Act 
of 1994 (1994 California Act) (P.L. 103-433), will expire on 
October 31, 2014. Additionally, the Marine Corps seeks a new 
withdrawal of public lands at MCAGCC Twentynine Palms, 
California, to expand its training areas to support increased 
requirements. Finally, the Army needs to convert its use of 
public lands at the Montana Army National Guard, Limestone 
Hills Training Area, from a BLM issued right-of-way to a 
legislative withdrawal.
    Unlike prior legislative withdrawals which were uncodified, 
stand-alone provisions of law, the withdrawals made under S. 
1309 would be codified in a new chapter of title 10, United 
States Code. This would make the withdrawal process 
substantially more efficient for both the Executive and 
Legislative branches by providing commonality among the 
withdrawal provisions, placing them in a location that is easy 
to find and refer to, and, if used for future withdrawals, 
reducing the need to reconsider and revise ``boilerplate'' 
provisions with each proposal. Also, this codification would 
allow changes to withdrawal provisions without having to wait 
the decades that might pass before the next withdrawal took 
place. This new flexibility would greatly aid the ability of 
DOD, DOI, and Congress to soundly manage withdrawn lands.
    S. 1309 includes many general provisions applicable to all 
four of the withdrawals. Among these are provisions for: the 
development of maps and legal descriptions; access 
restrictions; changes in use; authorizations for non-defense-
related uses; management of range and brush fire prevention and 
suppression; on-going decontamination; water rights; hunting, 
fishing, and trapping; limitations on extensions and renewals; 
application for renewal; limitation on subsequent availability 
of lands for appropriation; relinquishment; interchanges and 
transfers of Federal lands; delegability of certain 
responsibilities by the Secretary of the Interior; and immunity 
of the United States. Most of these general provisions are 
similar, if not identical, to previously applied provisions in 
existing withdrawal statutes.
    The interchanges and transfers provision is included to 
address boundary management issues involving both withdrawn 
public lands and acquired real property. For example, there is 
a need for boundary adjustment on the northern side of CMAGR to 
address uncertainties and resource management conflicts 
associated with the BLM-managed Bradshaw Trail. The Bradshaw 
Trail is popular with off-highway vehicle users, and is, in 
part, maintained by the local government, in coordination with 
the BLM. However, the trailhead and some of the trail's length 
currently crosses acquired real property administered by the 
Department of the Navy (Navy) and the Marine Corps. In the case 
of the expansion of MCAGCC Twentynine Palms, the Navy will 
likely seek to purchase various inholdings within the proposed 
withdrawal boundary. It could be beneficial to both departments 
if these inholdings could be converted, by interchange or 
transfer, to BLM public lands. In any case, the interchange 
provision is limited to acre-for-acre in order to avoid 
expanding the footprint of DOD lands. The transfer provision is 
limited to the Engle Act 5,000 acre limit (total) for any one 
installation over the 25-year life of the withdrawal. These 
provisions are designed to allow for small administrative 
adjustments to promote sound land management without impinging 
upon the role of Congress in managing Federal lands.
Naval Air Weapons Station (NAWS) China Lake, California
    NAWS China Lake consists of over 1.1 million acres of land 
in Inyo, Kern, and San Bernardino Counties, California, of 
which 92 percent are withdrawn public lands. Under a Memorandum 
of Understanding between the Navy and DOI, the Commanding 
Officer of NAWS China Lake is responsible for managing the 
withdrawn land. The installation is home to approximately 4,300 
DOD personnel and its primary tenant is the Naval Air Warfare 
Center Weapons Division. The current 20-year legislative 
withdrawal expires on October 31, 2014.
    The 25-year renewal included in S. 1309 is modeled on the 
current successful management scheme instituted as part of the 
1994 California Act, which allows the DOD and DOI to combine 
their unique capabilities and assets for the benefit of the 
resources and the public by cooperatively managing natural and 
cultural resources, recreational resources, grazing, wild 
horses and burros, and geothermal resources. For example, the 
Navy manages the wild horses and burros on-the-ground at NAWS 
China Lake and the BLM manages the gathering, holding and 
adoption of the animals. In addition, the BLM and NAWS China 
Lake have a unique agreement to collaboratively produce 
geothermal energy at the installation, which currently produces 
over 150 megawatts of power.
Chocolate Mountain Aerial Gunnery Range (CMAGR), California
    The CMAGR was established in 1941. The range consists of 
about 459,000 acres in Imperial and Riverside Counties, 
California, of which approximately 227,000 acres are withdrawn 
public lands under the co-management of the Marine Corps and 
the BLM. The remaining lands are under the administrative 
jurisdiction of the Department of the Navy. The two sets of 
lands form a checkerboard pattern of administrative 
jurisdiction. The Marine Corps primarily uses the lands for 
aviation weapons training, including precision guided munitions 
and Naval Special Warfare training. The current 20-year 
withdrawal is set to expire on October 31, 2014.
    S. 1309 provides for a 25-year renewal and would allow the 
BLM and Navy to institute the same type of cooperative 
management that has been successful at China Lake. The 
Chocolate Mountain range is home to a number of species such as 
desert tortoise and big horn sheep, and contains a wide range 
of archeological resources.
Marine Corps Air Ground Combat Center (MCAGCC) Twentynine Palms, 
        California
    MCAGCC Twentynine Palms currently consists of 596,000 acres 
of land in San Bernardino County, California. In 1959, 
approximately 443,000 of those total acres were 
administratively withdrawn and reserved for the use of the Navy 
under PLO 1860. DOD is now seeking to expand this installation 
with the withdrawal of approximately 154,000 acres of public 
lands adjacent to MCAGCC. The added training lands would create 
a training area of sufficient size with characteristics 
suitable for the Marine Corps to conduct Marine Expeditionary 
Brigade (MEB) level training. MEB training requires sustained, 
combined-arms, live-fire and maneuver training of three Marine 
battalions with all of their associated equipment moving 
simultaneously toward a single objective over a 72-hour period.
    S. 1309 meets the important training needs of the Marines, 
and, recognizing that there will be impacts to public access, 
also includes a unique management structure to mitigate some of 
the loss of access to lands popularly used for off-highway 
vehicle (OHV) recreation. The bill provides for continued, 
year-round public access to the western third of the Johnson 
Valley OHV area. In addition, a shared use area of about 43,000 
acres of the withdrawn lands would be available for OHV use for 
ten months out of the year, when there is no active military 
training.
Limestone Hills Training Area, Montana
    As previously stated, the legislative withdrawal of the 
Limestone Hills Training area is necessary because the BLM has 
determined that it no longer has the authority to permit the 
use of the lands for military maneuvers under a right-of-way 
instrument. Under S. 1309, general management of the training 
area would be assigned to the Army, but the BLM would retain 
management of grazing and mineral resources for the lands 
withdrawn and reserved.


                               conclusion


    Thank you for inviting our testimony on S. 753, S. 1169, 
and S. 1309. The Department of the Interior, which has always 
been part of the Nation's national defense team, is committed 
to supporting military missions and training needs, while 
protecting natural resources and other traditional uses of the 
public lands. I would be happy to answer your questions.


                        changes in existing law


    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by S. 1169 as ordered 
reported.

                                  
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