[Senate Report 113-160]
[From the U.S. Government Publishing Office]
Calendar No. 377
113th Congress Report
SENATE
2d Session 113-160
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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withdrawn from all forms of appropriation under the public land laws,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restrictions contained in section 4, the public lands withdrawn by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.