[Senate Report 113-161]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 378
113th Congress                                                   Report
                                 SENATE
 2d Session                                                     113-161

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



 
                       MILITARY LAND WITHDRAWALS

                                _______
                                

                  May 14, 2014.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 1309]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1309) to withdraw and reserve certain 
public land under the jurisdiction of the Secretary of the 
Interior for military uses, 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; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Military Land 
Withdrawals Act of 2013''.
  (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                       TITLE I--GENERAL PROVISIONS

Sec. 101. General applicability; definitions.
Sec. 102. Maps and legal descriptions.
Sec. 103. Access restrictions.
Sec. 104. Changes in use.
Sec. 105. Authorizations for nondefense-related uses.
Sec. 106. Brush and range fire prevention and suppression.
Sec. 107. Ongoing decontamination.
Sec. 108. Water rights.
Sec. 109. Hunting, fishing, and trapping.
Sec. 110. Limitation on extensions and renewals.
Sec. 111. Application for renewal of a withdrawal and reservation.
Sec. 112. Limitation on subsequent availability of land for 
          appropriation.
Sec. 113. Relinquishment.
Sec. 114. Land withdrawals; immunity of the United States.

                   TITLE II--MILITARY LAND WITHDRAWALS

Sec. 201. China Lake, California.
Sec. 202. Limestone Hills, Montana.
Sec. 203. Chocolate Mountain, California.
Sec. 204. Twentynine Palms, California.
Sec. 205. White Sands Missile Range and Fort Bliss.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given the term in section 102 of the Federally Recognized 
        Indian Tribe List Act of 1994 (25 U.S.C. 479a).
          (2) Manage; management.--
                  (A) Inclusions.--The terms ``manage'' and 
                ``management'' include the authority to exercise 
                jurisdiction, custody, and control over the land 
                withdrawn and reserved by title II.
                  (B) Exclusions.--The terms ``manage'' and 
                ``management'' do not include authority for disposal of 
                the land withdrawn and reserved by title II.
          (3) Secretary concerned.--The term ``Secretary concerned'' 
        has the meaning given the term in section 101(a) of title 10, 
        United States Code.

                      TITLE I--GENERAL PROVISIONS

SEC. 101. GENERAL APPLICABILITY; DEFINITIONS.

  (a) Applicability of Title.--The provisions of this title apply to 
any withdrawal made by this Act.
  (b) Rules of Construction.--Nothing in this title assigns management 
of real property under the administrative jurisdiction of the Secretary 
concerned to the Secretary of the Interior.

SEC. 102. MAPS AND LEGAL DESCRIPTIONS.

  (a) Preparation of Maps and Legal Descriptions.--As soon as 
practicable after the date of enactment of this Act, the Secretary of 
the Interior shall--
          (1) publish in the Federal Register a notice containing the 
        legal description of the land withdrawn and reserved by title 
        II; and
          (2) file maps and legal descriptions of the land withdrawn 
        and reserved by title II with--
                  (A) the Committee on Armed Services and the Committee 
                on Energy and Natural Resources of the Senate; and
                  (B) the Committee on Armed Services and the Committee 
                on Natural Resources of the House of Representatives.
  (b) Legal Effect.--The maps and legal descriptions filed under 
subsection (a)(2) shall have the same force and effect as if the maps 
and legal descriptions were included in this Act, except that the 
Secretary of the Interior may correct any clerical and typographical 
errors in the maps and legal descriptions.
  (c) Availability.--Copies of the maps and legal descriptions filed 
under subsection (a)(2) shall be available for public inspection--
          (1) in the appropriate offices of the Bureau of Land 
        Management;
          (2) in the office of the commanding officer of the military 
        installation for which the land is withdrawn; and
          (3) if the military installation is under the management of 
        the National Guard, in the office of the Adjutant General of 
        the State in which the military installation is located.
  (d) Costs.--The Secretary concerned shall reimburse the Secretary of 
the Interior for the costs incurred by the Secretary of the Interior in 
implementing this section.

SEC. 103. ACCESS RESTRICTIONS.

  (a) In General.--If the Secretary concerned determines that military 
operations, public safety, or national security require the closure to 
the public of any road, trail, or other portion of land withdrawn and 
reserved by this Act, the Secretary may take such action as the 
Secretary determines to be necessary to implement and maintain the 
closure.
  (b) Limitation.--Any closure under subsection (a) shall be limited to 
the minimum area and duration that the Secretary concerned determines 
are required for the purposes of the closure.
  (c) Consultation Required.--
          (1) In general.--Subject to paragraph (3), before a closure 
        is implemented under this section, the Secretary concerned 
        shall consult with the Secretary of the Interior.
          (2) Indian tribe.--Subject to paragraph (3), if a closure 
        proposed under this section may affect access to or use of 
        sacred sites or resources considered to be important by an 
        Indian tribe, the Secretary concerned shall consult, at the 
        earliest practicable date, with the affected Indian tribe.
          (3) Limitation.--No consultation shall be required under 
        paragraph (1) or (2)--
                  (A) if the closure is provided for in an integrated 
                natural resources management plan, an installation 
                cultural resources management plan, or a land use 
                management plan; or
                  (B) in the case of an emergency, as determined by the 
                Secretary concerned.
  (d) Notice.--Immediately preceding and during any closure implemented 
under subsection (a), the Secretary concerned shall post appropriate 
warning notices and take other appropriate actions to notify the public 
of the closure.

SEC. 104. CHANGES IN USE.

  (a) Other Uses Authorized.--In addition to the purposes described in 
title II, the Secretary concerned may authorize the use of land 
withdrawn and reserved by this Act for defense-related purposes.
  (b) Notice to Secretary of the Interior.--
          (1) In general.--The Secretary concerned shall promptly 
        notify the Secretary of the Interior if the land withdrawn and 
        reserved by this Act is used for additional defense-related 
        purposes.
          (2) Requirements.--A notification under paragraph (1) shall 
        specify--
                  (A) each additional use;
                  (B) the planned duration of each additional use; and
                  (C) the extent to which each additional use would 
                require that additional or more stringent conditions or 
                restrictions be imposed on otherwise-permitted 
                nondefense-related uses of the withdrawn and reserved 
                land or portions of withdrawn and reserved land.

SEC. 105. AUTHORIZATIONS FOR NONDEFENSE-RELATED USES.

  (a) Authorizations by the Secretary of the Interior.--Subject to the 
applicable withdrawals under title II, with the consent of the 
Secretary concerned, the Secretary of the Interior may authorize the 
use, occupancy, or development of the land withdrawn and reserved by 
this Act.
  (b) Authorizations by the Secretary Concerned.--The Secretary 
concerned may authorize the use, occupancy, or development of the land 
withdrawn and reserved by this Act--
          (1) for a defense-related purpose; or
          (2) subject to the consent of the Secretary of the Interior, 
        for a non-defense-related purpose.
  (c) Form of Authorization.--An authorization under this section may 
be provided by lease, easement, right-of-way, permit, license, or other 
instrument authorized by law.
  (d) Prevention of Drainage of Oil or Gas Resources.--
          (1) In general.--For the purpose of preventing drainage of 
        oil or gas resources, the Secretary of the Interior may lease 
        land otherwise withdrawn from operation of the mineral leasing 
        laws and reserved for defense-related purposes under this Act, 
        under such terms and conditions as the Secretary determines to 
        be appropriate.
          (2) Consent required.--No surface occupancy may be approved 
        by the Secretary of the Interior under this Act without the 
        consent of the Secretary concerned.
          (3) Communitization.--The Secretary of the Interior may 
        unitize or consent to communitization of land leased under 
        paragraph (1).
          (4) Regulations.--The Secretary of the Interior may 
        promulgate regulations to implement this subsection.

SEC. 106. BRUSH AND RANGE FIRE PREVENTION AND SUPPRESSION.

  (a) Required Activities.--The Secretary concerned 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 land withdrawn and reserved by 
this Act, including fires that occur on other land that spread from the 
withdrawn and reserved land.
  (b) Cooperation of Secretary of the Interior.--
          (1) In general.--At the request of the Secretary concerned, 
        the Secretary of the Interior shall--
                  (A) provide assistance in the suppression of fires 
                under subsection (a); and
                  (B) be reimbursed by the Secretary concerned for the 
                costs of the Secretary of the Interior in providing the 
                assistance.
          (2) Transfer of funds.--Notwithstanding section 2215 of title 
        10, United States Code, the Secretary concerned may transfer to 
        the Secretary of the Interior, in advance, funds to reimburse 
        the costs of the Department of the Interior in providing 
        assistance under this subsection.

SEC. 107. ONGOING DECONTAMINATION.

  (a) In General.--During the period of a withdrawal and reservation of 
land under this Act, the Secretary concerned shall maintain a program 
of decontamination of contamination caused by defense-related uses on 
the withdrawn land--
          (1) to the extent funds are available to carry out this 
        subsection; and
          (2) consistent with applicable Federal and State law.
  (b) Annual Report.--The Secretary of Defense shall include in the 
annual report required by section 2711 of title 10, United States Code, 
a description of decontamination activities conducted under subsection 
(a)

SEC. 108. WATER RIGHTS.

  (a) No Reservation of Water Rights.--Nothing in this Act--
          (1) establishes a reservation of the United States with 
        respect to any water or water right on the land withdrawn and 
        reserved by this Act; or
          (2) authorizes the appropriation of water on the land 
        withdrawn and reserved by this Act, except in accordance with 
        applicable State law.
  (b) Effect on Previously Acquired or Reserved Water Rights.--
          (1) In general.--Nothing in this section affects any water 
        rights acquired or reserved by the United States before the 
        date of enactment of this Act.
          (2) Authority of secretary concerned.--The Secretary 
        concerned may exercise any water rights described in paragraph 
        (1).

SEC. 109. HUNTING, FISHING, AND TRAPPING.

  Section 2671 of title 10, United States Code, shall apply to all 
hunting, fishing, and trapping on the land--
          (1) that is withdrawn and reserved by this Act; and
          (2) for which management of the land has been assigned to the 
        Secretary concerned.

SEC. 110. LIMITATION ON EXTENSIONS AND RENEWALS.

  The withdrawals and reservations established under this Act may not 
be extended or renewed except by a law enacted after the date of 
enactment of this Act.

SEC. 111. APPLICATION FOR RENEWAL OF A WITHDRAWAL AND RESERVATION.

  To the extent practicable, not later than 5 years before the date of 
termination of a withdrawal and reservation established by this Act, 
the Secretary concerned shall--
          (1) notify the Secretary of the Interior as to whether the 
        Secretary concerned will have a continuing defense-related need 
        for any of the land withdrawn and reserved by this Act after 
        the termination date of the withdrawal and reservation; and
          (2) transmit a copy of the notice submitted under paragraph 
        (1) to--
                  (A) the Committee on Armed Services and the Committee 
                on Energy and Natural Resources of the Senate; and
                  (B) the Committee on Armed Services and the Committee 
                on Natural Resources of the House of Representatives.

SEC. 112. LIMITATION ON SUBSEQUENT AVAILABILITY OF LAND FOR 
                    APPROPRIATION.

  On the termination of a withdrawal and reservation by this Act, the 
previously withdrawn land shall not be open to any form of 
appropriation under the public land laws, including the mining laws, 
the mineral leasing laws, and the geothermal leasing laws, unless the 
Secretary of the Interior publishes in the Federal Register an 
appropriate order specifying the date on which the land shall be--
          (1) restored to the public domain; and
          (2) opened for appropriation under the public land laws.

SEC. 113. RELINQUISHMENT.

  (a) Notice of Intention To Relinquish.--If, during the period of 
withdrawal and reservation under this Act, the Secretary concerned 
decides to relinquish any or all of the land withdrawn and reserved by 
this Act, the Secretary concerned shall submit to the Secretary of the 
Interior notice of the intention to relinquish the land.
  (b) Determination of Contamination.--The Secretary concerned shall 
include in the notice submitted under subsection (a) a written 
determination concerning whether and to what extent the land that is to 
be relinquished is 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 the land 
under this section, including the determination concerning the 
contaminated state of the land.
  (d) Decontamination of Land To Be Relinquished.--
          (1) Decontamination required.--The Secretary concerned shall 
        decontaminate land subject to a notice of intention under 
        subsection (a) to the extent that funds are appropriated for 
        that purpose, if--
                  (A) the land subject to the notice of intention is 
                contaminated, as determined by the Secretary concerned; 
                and
                  (B) the Secretary of the Interior, in consultation 
                with the Secretary concerned, determines that--
                          (i) decontamination is practicable and 
                        economically feasible, after taking into 
                        consideration the potential future use and 
                        value of the contaminated land; and
                          (ii) on decontamination of the land, the land 
                        could be opened to operation of some or all of 
                        the public land laws, including the mining 
                        laws, the mineral leasing laws, and the 
                        geothermal leasing laws.
          (2) Alternatives to relinquishment.--The Secretary of the 
        Interior shall not be required to accept the land proposed for 
        relinquishment under subsection (a), if--
                  (A) the Secretary of the Interior, after consultation 
                with the Secretary concerned, determines that--
                          (i) decontamination of the land is not 
                        practicable or economically feasible; or
                          (ii) the land cannot be decontaminated 
                        sufficiently to be opened to operation of some 
                        or all of the public land laws; or
                  (B) sufficient funds are not appropriated for the 
                decontamination of the land.
          (3) Status of contaminated land on termination.--If, because 
        of the contaminated state of the land, the Secretary of the 
        Interior declines to accept land withdrawn and reserved by this 
        Act that has been proposed for relinquishment, or if at the 
        expiration of the withdrawal and reservation made by this Act, 
        the Secretary of the Interior determines that a portion of the 
        land withdrawn and reserved by this Act is contaminated to an 
        extent that prevents opening the contaminated land to operation 
        of the public land laws--
                  (A) the Secretary concerned shall take appropriate 
                steps to warn the public of--
                          (i) the contaminated state of the land; and
                          (ii) any risks associated with entry onto the 
                        land;
                  (B) after the expiration of the withdrawal and 
                reservation under this Act, the Secretary concerned 
                shall undertake no activities on the contaminated land, 
                except for activities relating to the decontamination 
                of the land; and
                  (C) the Secretary concerned shall submit to the 
                Secretary of the Interior and Congress a report 
                describing--
                          (i) the status of the land; and
                          (ii) any actions taken under this paragraph.
  (e) Revocation Authority.--
          (1) In general.--If the Secretary of the Interior determines 
        that it is in the public interest to accept the land proposed 
        for relinquishment under subsection (a), the Secretary of the 
        Interior may order the revocation of a withdrawal and 
        reservation established by this Act.
          (2) Revocation order.--To carry out a revocation under 
        paragraph (1), the Secretary of the Interior shall publish in 
        the Federal Register a revocation order that--
                  (A) terminates the withdrawal and reservation;
                  (B) constitutes official acceptance of the land by 
                the Secretary of the Interior; and
                  (C) specifies the date on which the land 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.--
          (1) In general.--Nothing in this section requires the 
        Secretary of the Interior to accept the land proposed for 
        relinquishment if the Secretary determines that the land is not 
        suitable for return to the public domain.
          (2) Notice.--If the Secretary makes a determination that the 
        land is not suitable for return to the public domain, the 
        Secretary shall provide notice of the determination to 
        Congress.

SEC. 114. LAND WITHDRAWALS; IMMUNITY OF THE UNITED STATES.

  The United States and officers and employees of the United States 
shall be held harmless and shall not be liable for any injuries or 
damages to persons or property incurred as a result of any mining or 
mineral or geothermal leasing activity or other authorized nondefense-
related activity conducted on land withdrawn and reserved by this Act.

                  TITLE II--MILITARY LAND WITHDRAWALS

SEC. 201. CHINA LAKE, CALIFORNIA.

  (a) Withdrawal and Reservation.--
          (1) Withdrawal.--Subject to valid existing rights and except 
        as otherwise provided in this section, the public land 
        (including the interests in land) described in paragraph (2), 
        and all other areas within the boundary of the land depicted on 
        the map described in that paragraph that may become subject to 
        the operation of the public land laws, is withdrawn from all 
        forms of appropriation under the public land laws (including 
        the mining laws and the mineral leasing laws).
          (2) Description of land.--The public land (including 
        interests in land) referred to in paragraph (1) is the Federal 
        land located within the boundaries of the Naval Air Weapons 
        Station China Lake, comprising approximately 1,045,000 acres in 
        Inyo, Kern, and San Bernardino Counties, California, as 
        generally depicted on the maps entitled ``Naval Air Weapons 
        Station China Lake Withdrawal--Renewal'', ``North Range'', and 
        ``South Range'', dated March 18, 2013, and filed in accordance 
        with section 102.
          (3) Reservation.--The land withdrawn by paragraph (1) is 
        reserved for use by the Secretary of the Navy for the following 
        purposes:
                  (A) Use as a research, development, test, and 
                evaluation laboratory.
                  (B) Use as a range for air warfare weapons and weapon 
                systems.
                  (C) Use as a high-hazard testing and training area 
                for aerial gunnery, rocketry, electronic warfare and 
                countermeasures, tactical maneuvering and air support, 
                and directed energy and unmanned aerial systems.
                  (D) Geothermal leasing, development, and related 
                power production activities.
                  (E) Other defense-related purposes consistent with 
                the purposes described in subparagraphs (A) through (D) 
                and authorized under section 104.
  (b) Management of Withdrawn and Reserved Land.--
          (1) Management by the secretary of the interior.--
                  (A) In general.--Except as provided in paragraph (2), 
                during the period of the withdrawal and reservation of 
                land by this section, the Secretary of the Interior 
                shall manage the land withdrawn and reserved by this 
                section in accordance with--
                          (i) this Act;
                          (ii) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.); and
                          (iii) any other applicable law.
                  (B) Authorized activities.--To the extent consistent 
                with applicable law and Executive orders, the land 
                withdrawn by this section may be managed in a manner 
                that permits the following activities:
                          (i) Grazing.
                          (ii) Protection of wildlife and wildlife 
                        habitat.
                          (iii) Preservation of cultural properties.
                          (iv) Control of predatory and other animals.
                          (v) Recreation and education.
                          (vi) Prevention and appropriate suppression 
                        of brush and range fires resulting from non-
                        military activities.
                          (vii) Geothermal leasing and development and 
                        related power production activities.
                  (C) Nondefense uses.--All nondefense-related uses of 
                the land withdrawn by this section (including the uses 
                described in subparagraph (B)), shall be subject to any 
                conditions and restrictions that the Secretary of the 
                Interior and the Secretary of the Navy jointly 
                determine to be necessary to permit the defense-related 
                use of the land for the purposes described in this 
                section.
                  (D) Issuance of leases.--
                          (i) In general.--The Secretary of the 
                        Interior shall be responsible for the issuance 
                        of any lease, easement, right-of-way, permit, 
                        license, or other instrument authorized by law 
                        with respect to any activity that involves 
                        geothermal resources on--
                                  (I) the land withdrawn and reserved 
                                by this section; and
                                  (II) any other land not under the 
                                administrative jurisdiction of the 
                                Secretary of the Navy.
                          (ii) Consent required.--Any authorization 
                        issued under clause (i) shall--
                                  (I) only be issued with the consent 
                                of the Secretary of the Navy; and
                                  (II) be subject to such conditions as 
                                the Secretary of the Navy may require 
                                with respect to the land withdrawn and 
                                reserved by this section.
          (2) Assignment to the secretary of the navy.--
                  (A) In general.--The Secretary of the Interior may 
                assign the management responsibility, in whole or in 
                part, for the land withdrawn and reserved by this 
                section to the Secretary of the Navy.
                  (B) Applicable law.--On assignment of the management 
                responsibility under subparagraph (A), the Secretary of 
                the Navy shall manage the land in accordance with--
                          (i) this Act;
                          (ii) title I of the Sikes Act (16 U.S.C. 670a 
                        et seq.);
                          (iii) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.);
                          (iv) cooperative management arrangements 
                        entered into by the Secretary of the Interior 
                        and the Secretary of the Navy; and
                          (v) any other applicable law.
          (3) Geothermal resources.--
                  (A) In general.--Nothing in this section or section 
                105 affects--
                          (i) geothermal leases issued by the Secretary 
                        of the Interior before the date of enactment of 
                        this Act; or
                          (ii) the responsibility of the Secretary of 
                        the Interior to administer and manage the 
                        leases described in clause (i), consistent with 
                        the provisions of this section.
                  (B) Authority of the secretary of the interior.--
                Nothing in this section or any other provision of law 
                prohibits the Secretary of the Interior from issuing, 
                subject to the concurrence of the Secretary of the 
                Navy, and administering any lease under the Geothermal 
                Steam Act of 1970 (30 U.S.C. 1001 et seq.) and any 
                other applicable law for the development and use of 
                geothermal steam and associated geothermal resources on 
                the land withdrawn and reserved by this section.
                  (C) Applicable law.--Nothing in this section affects 
                the geothermal exploration and development authority of 
                the Secretary of the Navy under section 2917 of title 
                10, United States Code, with respect to the land 
                withdrawn and reserved by this section, except that the 
                Secretary of the Navy shall be required to obtain the 
                concurrence of the Secretary of the Interior before 
                taking action under section 2917 of title 10, United 
                States Code.
                  (D) Navy contracts.--On the expiration of the 
                withdrawal and reservation of land under this section 
                or the relinquishment of the land, any Navy contract 
                for the development of geothermal resources at Naval 
                Air Weapons Station, China Lake, in effect on the date 
                of the expiration or relinquishment shall remain in 
                effect, except that the Secretary of the Interior, with 
                the consent of the Secretary of the Navy, may offer to 
                substitute a standard geothermal lease for the 
                contract.
                  (E) Concurrence of secretary of the navy required.--
                Any lease issued under section 105(d) with respect to 
                land withdrawn and reserved by this section shall 
                require the concurrence of the Secretary of the Navy, 
                if--
                          (i) the Secretary of the Interior anticipates 
                        the surface occupancy of the withdrawn land; or
                          (ii) the Secretary of the Interior determines 
                        that the proposed lease may interfere with 
                        geothermal resources on the land.
          (4) Wild horses and burros.--
                  (A) In general.--The Secretary of the Navy--
                          (i) shall be responsible for the management 
                        of wild horses and burros located on the land 
                        withdrawn and reserved by this section; and
                          (ii) may use helicopters and motorized 
                        vehicles for the management of the wild horses 
                        and burros.
                  (B) Requirements.--The activities authorized under 
                subparagraph (A) shall be conducted in accordance with 
                laws applicable to the management of wild horses and 
                burros on public land.
                  (C) Agreement.--The Secretary of the Interior and the 
                Secretary of the Navy shall enter into an agreement for 
                the implementation of the management of wild horses and 
                burros under this paragraph.
          (5) Continuation of existing agreement.--The agreement 
        between the Secretary of the Interior and the Secretary of the 
        Navy entered into before the date of enactment of this Act 
        under section 805 of the California Military Lands Withdrawal 
        and Overflights Act of 1994 (Public Law 103-433; 108 Stat. 
        4503) shall continue in effect until the earlier of--
                  (A) the date on which the Secretary of the Interior 
                and the Secretary of the Navy enter into a new 
                agreement; or
                  (B) the date that is 1 year after the date of 
                enactment of this Act.
          (6) Cooperation in development of management plan.--
                  (A) In general.--The Secretary of the Navy and the 
                Secretary of the Interior shall update and maintain 
                cooperative arrangements concerning land resources and 
                land uses on the land withdrawn and reserved by this 
                section.
                  (B) Requirements.--A cooperative arrangement entered 
                into under subparagraph (A) shall--
                          (i) focus on and apply to sustainable 
                        management and protection of the natural and 
                        cultural resources and environmental values 
                        found on the withdrawn and reserved land, 
                        consistent with the defense-related purposes 
                        for which the land is withdrawn and reserved; 
                        and
                          (ii) include a comprehensive land use 
                        management plan that--
                                  (I) integrates and is consistent with 
                                any applicable law, including--
                                          (aa) title I of the Sikes Act 
                                        (16 U.S.C. 670a et seq.); and
                                          (bb) the Federal Land Policy 
                                        and Management Act of 1976 (43 
                                        U.S.C. 1701 et seq.); and
                                  (II) shall be--
                                          (aa) annually reviewed by the 
                                        Secretary of the Navy and the 
                                        Secretary of the Interior; and
                                          (bb) updated, as the 
                                        Secretary of the Navy and the 
                                        Secretary of the Interior 
                                        determine to be necessary--
                                                  (AA) to respond to 
                                                evolving management 
                                                requirements; and
                                                  (BB) to complement 
                                                the updates of other 
                                                applicable land use and 
                                                resource management and 
                                                planning.
          (7) Implementing agreement.--
                  (A) In general.--The Secretary of the Interior and 
                the Secretary of the Navy may enter into a written 
                agreement to implement the comprehensive land use 
                management plan developed under paragraph (6)(B)(ii).
                  (B) Components.--An agreement entered into under 
                subparagraph (A)--
                          (i) shall be for a duration that is equal to 
                        the period of the withdrawal and reservation of 
                        land under this section; and
                          (ii) may be amended from time to time.
  (c) Termination of Prior Withdrawals.--
          (1) In general.--Subject to paragraph (2), the withdrawal and 
        reservation under section 803(a) of the California Military 
        Lands Withdrawal and Overflights Act of 1994 (Public Law 103-
        433; 108 Stat. 4502) is terminated.
          (2) Limitation.--Notwithstanding the termination under 
        paragraph (1), all rules, regulations, orders, permits, and 
        other privileges issued or granted by the Secretary of the 
        Interior or the Secretary of the Navy with respect to the land 
        withdrawn and reserved under that section, unless inconsistent 
        with the provisions of this section, shall remain in force 
        until modified, suspended, overruled, or otherwise changed by--
                  (A) the Secretary of the Interior or the Secretary of 
                the Navy (as applicable);
                  (B) a court of competent jurisdiction; or
                  (C) operation of law.
  (d) Duration of Withdrawal and Reservation.--The withdrawal and 
reservation made by this section terminate on March 31, 2039.

SEC. 202. LIMESTONE HILLS, MONTANA.

  (a) Withdrawal and Reservation of Public Land for Limestone Hills 
Training Area, Montana.--
          (1) Withdrawal.--Subject to valid existing rights and except 
        as otherwise provided in this section, the public land 
        (including the interests in land) described in paragraph (3), 
        and all other areas within the boundaries of the land as 
        depicted on the map provided for by paragraph (4) that may 
        become subject to the operation of the public land laws, is 
        withdrawn from all forms of appropriation under the public land 
        laws (including the mining laws, the mineral leasing laws, and 
        the geothermal leasing laws).
          (2) Reservation; purpose.--Subject to the limitations and 
        restrictions contained in subsection (c), the public land 
        withdrawn by paragraph (1) is reserved for use by the Secretary 
        of the Army for the following purposes:
                  (A) The conduct of training for active and reserve 
                components of the Armed Forces.
                  (B) The construction, operation, and maintenance of 
                organizational support and maintenance facilities for 
                component units conducting training.
                  (C) The conduct of training by the Montana Department 
                of Military Affairs, provided that the training does 
                not interfere with the purposes specified in 
                subparagraphs (A) and (B).
                  (D) The conduct of training by State and local law 
                enforcement agencies, civil defense organizations, and 
                public education institutions, provided that the 
                training does not interfere with the purposes specified 
                in subparagraphs (A) and (B).
                  (E) Other defense-related purposes consistent with 
                the purposes specified in subparagraphs (A) through 
                (D).
          (3) Description of land.--The public land (including the 
        interests in land) referred to in paragraph (1) comprises 
        approximately 18,644 acres in Broadwater County, Montana, 
        generally depicted as ``Proposed Land Withdrawal'' on the map 
        entitled ``Limestone Hills Training Area Land Withdrawal'' and 
        dated April 10, 2013.
          (4) Indian tribes.--
                  (A) In general.--Nothing in this Act alters any 
                rights reserved for an Indian tribe for tribal use of 
                the public land withdrawn by paragraph (1) by treaty or 
                Federal law.
                  (B) Consultation required.--The Secretary of the Army 
                shall consult with any Indian tribes in the vicinity of 
                the public land withdrawn by paragraph (1) before 
                taking any action within the public land affecting 
                tribal rights or cultural resources protected by treaty 
                or Federal law.
  (b) Management of Withdrawn and Reserved Land.--During the period of 
the withdrawal and reservation specified in subsection (e), the 
Secretary of the Army shall manage the public land withdrawn by 
paragraph (1) of subsection (a) for the purposes specified in paragraph 
(2) of that subsection, subject to the limitations and restrictions 
contained in subsection (c).
  (c) Special Rules Governing Minerals Management.--
          (1) Indian creek mine.--
                  (A) In general.--Of the land withdrawn by subsection 
                (a)(1), locatable mineral activities in the approved 
                Indian Creek Mine plan of operations, MTM-78300, shall 
                be regulated in accordance with subparts 3715 and 3809 
                of title 43, Code of Federal Regulations.
                  (B) Restrictions on secretary of the army.--
                          (i) In general.--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 
                        described in subparagraph (A) is inconsistent 
                        with the defense-related uses of the land 
                        withdrawn under this section.
                          (ii) Coordination.--The coordination of the 
                        disposition of and exploration for minerals 
                        with defense-related uses of the land shall be 
                        determined in accordance with procedures in an 
                        agreement provided for under paragraph (3).
          (2) Removal of unexploded ordnance on land to be mined.--
                  (A) Removal activities.--
                          (i) In general.--Subject to the availability 
                        of funds appropriated for such purpose, the 
                        Secretary of the Army shall remove unexploded 
                        ordnance on land withdrawn by subsection (a)(1) 
                        that is subject to mining under paragraph (1), 
                        consistent with applicable Federal and State 
                        law.
                          (ii) Phases.--The Secretary of the Army may 
                        provide for the removal of unexploded ordnance 
                        in phases to accommodate the development of the 
                        Indian Creek Mine under paragraph (1).
                  (B) Report on removal activities.--
                          (i) In general.--The Secretary of the Army 
                        shall annually submit to the Secretary of the 
                        Interior a report regarding any unexploded 
                        ordnance removal activities conducted during 
                        the previous fiscal year in accordance with 
                        this paragraph.
                          (ii) Inclusions.--The report under clause (i) 
                        shall include--
                                  (I) a description of the amounts 
                                expended for unexploded ordnance 
                                removal on the land withdrawn by 
                                subsection (a)(1) during the period 
                                covered by the report; and
                                  (II) the identification of the land 
                                cleared of unexploded ordnance and 
                                approved for mining activities by the 
                                Secretary of the Interior under this 
                                paragraph.
          (3) Implementation agreement for mining activities.--
                  (A) In general.--The Secretary of the Interior and 
                the Secretary of the Army shall enter into an agreement 
                to implement this subsection with respect to the 
                coordination of defense-related uses and mining and the 
                ongoing removal of unexploded ordnance.
                  (B) Duration.--The duration of an agreement entered 
                into under subparagraph (A) shall be equal to the 
                period of the withdrawal under subsection (a)(1), but 
                may be amended from time to time.
                  (C) Requirements.--The agreement shall provide the 
                following:
                          (i) That Graymont Western US, Inc., or any 
                        successor or assign of the approved Indian 
                        Creek Mine mining plan of operations, MTM-
                        78300, shall be invited to be a party to the 
                        agreement.
                          (ii) Provisions regarding the day-to-day 
                        joint-use of the Limestone Hills Training Area.
                          (iii) Provisions addressing periods during 
                        which military and other authorized uses of the 
                        withdrawn land will occur.
                          (iv) Provisions regarding when and where 
                        military use or training with explosive 
                        material will occur.
                          (v) Provisions regarding the scheduling of 
                        training activities conducted within the 
                        withdrawn land that restrict mining activities.
                          (vi) Procedures for deconfliction with mining 
                        operations, including parameters for 
                        notification and resolution of anticipated 
                        changes to the schedule.
                          (vii) Procedures for access through mining 
                        operations covered by this section to training 
                        areas within the boundaries of the Limestone 
                        Hills Training Area.
                          (viii) Procedures for scheduling of the 
                        removal of unexploded ordnance.
          (4) Existing memorandum of agreement.--Until the date on 
        which the agreement under paragraph (3) becomes effective, the 
        compatible joint use of the land withdrawn and reserved by 
        subsection (a)(1) 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.
  (d) Grazing.--
          (1) Issuance and administration of permits and leases.--The 
        Secretary of the Interior shall manage the issuance and 
        administration of grazing permits and leases, including the 
        renewal of permits and leases, on the public land withdrawn by 
        subsection (a)(1), consistent with all applicable laws 
        (including regulations) and policies of the Secretary of the 
        Interior relating to the permits and leases.
          (2) Safety requirements.--With respect to any grazing permit 
        or lease issued after the date of enactment of this Act for 
        land withdrawn by subsection (a)(1), the Secretary of the 
        Interior and the Secretary of the Army shall jointly establish 
        procedures that--
                  (A) are consistent with Department of the Army 
                explosive and range safety standards; and
                  (B) provide for the safe use of the withdrawn land.
          (3) 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 the assignment may not 
        include the authority to discontinue grazing on the land 
        withdrawn by subsection (a)(1).
  (e) Duration of Withdrawal and Reservation.--The withdrawal of public 
land by subsection (a)(1) shall terminate on March 31, 2039.

SEC. 203. CHOCOLATE MOUNTAIN, CALIFORNIA.

  (a) Withdrawal and Reservation.--
          (1) Withdrawal.--Subject to valid existing rights and except 
        as otherwise provided in this section, the public land 
        (including the interests in land) described in paragraph (2), 
        and all other areas within the boundary of the land depicted on 
        the map described in that paragraph that become subject to the 
        operation of the public land laws, is withdrawn from all forms 
        of appropriation under the public land laws (including the 
        mining laws, the mineral leasing laws, and the geothermal 
        leasing laws).
          (2) Description of land.--The public land (including the 
        interests in land) referred to in paragraph (1) is the Federal 
        land comprising approximately 228,324 acres in Imperial and 
        Riverside Counties, California, generally depicted on the map 
        entitled ``Chocolate Mountain Aerial Gunnery Range--
        Administration's Land Withdrawal Legislative Proposal Map'', 
        dated October 30, 2013, and filed in accordance with section 
        102.
          (3) Reservation.--The land withdrawn by paragraph (1) is 
        reserved for use by the Secretary of the Navy for the following 
        purposes:
                  (A) Testing and training for aerial bombing, missile 
                firing, tactical maneuvering, and air support.
                  (B) Small unit ground forces training, including 
                artillery firing, demolition activities, and small arms 
                field training.
                  (C) Other defense-related purposes consistent with 
                the purposes that are--
                          (i) described in subparagraphs (A) and (B); 
                        and
                          (ii) authorized under section 104.
  (b) Management of Withdrawn and Reserved Land.--
          (1) Management by the secretary of the interior.--Except as 
        provided in paragraph (2), during the period of the withdrawal 
        and reservation of land by this section, the Secretary of the 
        Interior shall manage the land withdrawn and reserved by this 
        section in accordance with--
                  (A) this Act;
                  (B) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                  (C) any other applicable law.
          (2) Assignment of management to the secretary of the navy.--
                  (A) In general.--The Secretary of the Interior may 
                assign the management responsibility, in whole or in 
                part, for the land withdrawn and reserved by this 
                section to the Secretary of the Navy.
                  (B) Acceptance.--If the Secretary of the Navy accepts 
                the assignment of responsibility under subparagraph 
                (A), the Secretary of the Navy shall manage the land in 
                accordance with--
                          (i) this Act;
                          (ii) title I of the Sikes Act (16 U.S.C. 670a 
                        et seq.); and
                          (iii) any other applicable law.
          (3) Implementing agreement.--The Secretary of the Interior 
        and the Secretary of the Navy may enter into a written 
        agreement--
                  (A) that implements the assignment of management 
                responsibility under paragraph (2);
                  (B) the duration of which shall be equal to the 
                period of the withdrawal and reservation of the land 
                under this section; and
                  (C) that may be amended from time to time.
          (4) Access agreement.--The Secretary of the Interior and the 
        Secretary of the Navy may enter into a written agreement to 
        address access to and maintenance of Bureau of Reclamation 
        facilities located within the boundary of the Chocolate 
        Mountain Aerial Gunnery Range.
  (c) Access.--Notwithstanding section 103, the land withdrawn and 
reserved by this section (other than the land comprising the Bradshaw 
Trail) shall be--
          (1) closed to the public and all uses (other than the uses 
        authorized by subsection (a)(3) or under section 104); and
          (2) subject to any conditions and restrictions that the 
        Secretary of the Navy determines to be necessary to prevent any 
        interference with the uses authorized by subsection (a)(3) or 
        under section 104.
  (d) Duration of Withdrawal and Reservation.--The withdrawal and 
reservation made by this section terminates on March 31, 2039.

SEC. 204. TWENTYNINE PALMS, CALIFORNIA.

  (a) Withdrawal and Reservation.--
          (1) Withdrawal.--Subject to valid existing rights and except 
        as otherwise provided in this section, the public land 
        (including the interests in land) described in paragraph (2), 
        and all other areas within the boundary of the land depicted on 
        the map described in that paragraph that may become subject to 
        the operation of the public land laws, is withdrawn from all 
        forms of appropriation under the public land laws, including 
        the mining laws, the mineral leasing laws, and the geothermal 
        leasing laws.
          (2) Description of land.--The public land (including the 
        interests in land) referred to in paragraph (1) is the Federal 
        land comprising approximately 150,928 acres in San Bernardino 
        County, California, generally depicted on the map entitled 
        ``MCAGCC 29 Palms Expansion Map'', dated November 13, 2013 (3 
        sheets), and filed in accordance with section 102, which are 
        divided into the following 2 areas:
                  (A) The Exclusive Military Use Area, divided into 4 
                areas, consisting of--
                          (i) 1 area to the west of the Marine Corps 
                        Air Ground Combat Center, consisting of 
                        approximately 91,293 acres;
                          (ii) 1 area south of the Marine Corps Air 
                        Ground Combat Center, consisting of 
                        approximately 19,704 acres; and
                          (iii) 2 other areas, each measuring 
                        approximately 300 meters square (approximately 
                        22 acres), located inside the boundaries of the 
                        Shared Use Area described in subparagraph (B), 
                        totaling approximately 44 acres.
                  (B) The Shared Use Area, consisting of approximately 
                40,931 acres.
          (3) Reservation for secretary of the navy.--The land 
        withdrawn by paragraph (2)(A) is reserved for use by the 
        Secretary of the Navy for the following purposes:
                  (A) Sustained, combined arms, live-fire, and maneuver 
                field training for large-scale Marine air ground task 
                forces.
                  (B) Individual and unit live-fire training ranges.
                  (C) Equipment and tactics development.
                  (D) Other defense-related purposes that are--
                          (i) consistent with the purposes described in 
                        subparagraphs (A) through (C); and
                          (ii) authorized under section 104.
          (4) Reservation for secretary of the interior.--The land 
        withdrawn by paragraph (2)(B) is reserved--
                  (A) for use by the Secretary of the Navy for the 
                purposes described in paragraph (3); and
                  (B) for use by the Secretary of the Interior for the 
                following purposes:
                          (i) Public recreation--
                                  (I) during any period in which the 
                                land is not being used for military 
                                training; and
                                  (II) as determined to be suitable for 
                                public use.
                          (ii) Natural resources conservation.
  (b) Management of Withdrawn and Reserved Land.--
          (1) Management by the secretary of the navy.--Except as 
        provided in paragraph (2), during the period of withdrawal and 
        reservation of land by this section, the Secretary of the Navy 
        shall manage the land withdrawn and reserved by this section 
        for the purposes described in subsection (a)(3), in accordance 
        with--
                  (A) an integrated natural resources management plan 
                prepared and implemented under title I of the Sikes Act 
                (16 U.S.C. 670a et seq.);
                  (B) this Act;
                  (C) a programmatic agreement between the Marine Corps 
                and the California State Historic Preservation Officer 
                regarding operation, maintenance, training, and 
                construction at the United States Marine Air Ground 
                Task Force Training Command, Marine Corps Air Ground 
                Combat Center, Twentynine Palms, California; and
                  (D) any other applicable law.
          (2) Management by the secretary of the interior.--
                  (A) In general.--Except as provided in subparagraph 
                (B), during the period of withdrawal and reservation of 
                land by this section, the Secretary of the Interior 
                shall manage the area described in subsection 
                (a)(2)(B).
                  (B) Exception.--Twice a year during the period of 
                withdrawal and reservation of land by this section, 
                there shall be a 30-day period during which the 
                Secretary of the Navy shall--
                          (i) manage the area described in subsection 
                        (a)(2)(B); and
                          (ii) exclusively use the area described in 
                        subsection (a)(2)(B) for military training 
                        purposes.
                  (C) Applicable law.--The Secretary of the Interior, 
                during the period of the management by the Secretary of 
                the Interior under subparagraph (A), shall manage the 
                area described in subsection (a)(2)(B) for the purposes 
                described in subsection (a)(4), in accordance with--
                          (i) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.); and
                          (ii) any other applicable law.
                  (D) Secretary of the navy.--
                          (i) In general.--The Secretary of the Navy, 
                        during the period of the management by the 
                        Secretary of the Navy under subparagraph (A), 
                        shall manage the area described in subsection 
                        (a)(2)(B) for the purposes described in 
                        subsection (a)(3), in accordance with--
                                  (I) an integrated natural resources 
                                management plan prepared and 
                                implemented in accordance with title I 
                                of the Sikes Act (16 U.S.C. 670a et 
                                seq.);
                                  (II) this Act;
                                  (III) the programmatic agreement 
                                described in paragraph (1)(C); and
                                  (IV) any other applicable law.
                          (ii) Limitation.--The Department of the Navy 
                        shall not fire dud-producing ordnance onto the 
                        land withdrawn by subsection (a)(2)(B).
          (3) Public access.--
                  (A) In general.--Notwithstanding section 103, the 
                area described in subsection (a)(2)(A) shall be closed 
                to all public access unless otherwise authorized by the 
                Secretary of the Navy.
                  (B) Public recreational use.--
                          (i) In general.--The area described in 
                        subsection (a)(2)(B) shall be open to public 
                        recreational use during the period in which the 
                        area is under the management of the Secretary 
                        of the Interior, if there is a determination by 
                        the Secretary of the Navy that the area is 
                        suitable for public use.
                          (ii) Determination.--A determination of 
                        suitability under clause (i) shall not be 
                        withheld without a specified reason.
                  (C) Resource management group.--
                          (i) In general.--The Secretary of the Navy 
                        and the Secretary of the Interior, by 
                        agreement, shall establish a Resource 
                        Management Group comprised of representatives 
                        of the Departments of the Interior and Navy.
                          (ii) Duties.--The Resource Management Group 
                        established under clause (i) shall--
                                  (I) develop and implement a public 
                                outreach plan to inform the public of 
                                the land uses changes and safety 
                                restrictions affecting the land; and
                                  (II) advise the Secretary of the 
                                Interior and the Secretary of the Navy 
                                with respect to the issues associated 
                                with the multiple uses of the area 
                                described in subsection (a)(2)(B).
                          (iii) Meetings.--The Resource Management 
                        Group established under clause (i) shall--
                                  (I) meet at least once a year; and
                                  (II) solicit input from relevant 
                                State agencies, private off-highway 
                                vehicle interest groups, event 
                                managers, environmental advocacy 
                                groups, and others relating to the 
                                management and facilitation of 
                                recreational use within the area 
                                described in subsection (a)(2)(B).
                  (D) Military training.--
                          (i) Not conditional.--Military training 
                        within the area described in subsection 
                        (a)(2)(B) shall not be conditioned on, or 
                        precluded by--
                                  (I) the lack of a recreation 
                                management plan or land use management 
                                plan for the area described in 
                                subsection (a)(2)(B) developed and 
                                implemented by the Secretary of the 
                                Interior; or
                                  (II) any legal or administrative 
                                challenge to a recreation management 
                                plan or land use plan developed under 
                                subclause (I).
                          (ii) Management.--The area described in 
                        subsection (a)(2)(B) shall be managed in a 
                        manner that does not compromise the ability of 
                        the Department of the Navy to conduct military 
                        training in the area.
          (4) Implementation agreement.--
                  (A) In general.--The Secretary of the Interior and 
                the Secretary of the Navy shall enter into a written 
                agreement to implement the management responsibilities 
                of the respective Secretaries with respect to the area 
                described in subsection (a)(2)(B).
                  (B) Components.--The agreement entered into under 
                subparagraph (A)--
                          (i) shall be of a duration that is equal to 
                        the period of the withdrawal and reservation of 
                        land under this section;
                          (ii) may be amended from time to time;
                          (iii) may provide for the integration of the 
                        management plans required of the Secretary of 
                        the Interior and the Secretary of the Navy by 
                        this section;
                          (iv) may provide for delegation to civilian 
                        law enforcement personnel of the Department of 
                        the Navy of the authority of the Secretary of 
                        the Interior to enforce the laws relating to 
                        protection of natural and cultural resources 
                        and fish and wildlife; and
                          (v) may provide for the Secretary of the 
                        Interior and the Secretary of the Navy to share 
                        resources so as to most efficiently and 
                        effectively manage the area described in 
                        subsection (a)(2)(B).
          (5) Johnson valley off-highway vehicle recreation area.--
                  (A) Designation.--The following areas are designated 
                as the ``Johnson Valley Off-Highway Vehicle Recreation 
                Area'':
                          (i) Approximately 45,000 acres (as depicted 
                        on the map referred to in subsection (a)(2)) of 
                        the existing Bureau of Land Management-
                        designated Johnson Valley Off-Highway Vehicle 
                        Area that is not withdrawn and reserved for 
                        defense-related uses by this section.
                          (ii) The area described in subsection 
                        (a)(2)(B).
                  (B) Authorized activities.--To the extent consistent 
                with applicable Federal law (including regulations) and 
                this section, any authorized recreation activities and 
                use designation in effect on the date of enactment of 
                this Act and applicable to the Johnson Valley Off-
                Highway Vehicle Recreation Area may continue, including 
                casual off-highway vehicular use and recreation.
                  (C) Administration.--The Secretary of the Interior 
                shall administer the Johnson Valley Off-Highway Vehicle 
                Recreation Area (other than the portion of the area 
                described in subsection (a)(2)(B) that is being managed 
                in accordance with the other provisions of this 
                section), in accordance with--
                          (i) the Federal Land Policy and Management 
                        Act of 1976 (43 U.S.C. 1701 et seq.); and
                          (ii) any other applicable law.
                  (D) Transit.--In coordination with the Secretary of 
                the Interior, the Secretary of the Navy may authorize 
                transit through the Johnson Valley Off-Highway Vehicle 
                Recreation Area for defense-related purposes supporting 
                military training (including military range management 
                and management of exercise activities) conducted on the 
                land withdrawn and reserved by this section.
  (c) Duration of Withdrawal and Reservation.--The withdrawal and 
reservation made by this section terminate on March 31, 2039.

SEC. 205. WHITE SANDS MISSILE RANGE AND FORT BLISS.

  (a) Withdrawal.--
          (1) In general.--Subject to valid existing rights and 
        paragraph (3), the Federal land described in paragraph (2) is 
        withdrawn from--
                  (A) entry, appropriation, and disposal under the 
                public land laws;
                  (B) location, entry, and patent under the mining 
                laws; and
                  (C) operation of the mineral leasing, mineral 
                materials, and geothermal leasing laws.
          (2) Description of federal land.--The Federal land referred 
        to in paragraph (1) consists of--
                  (A) the approximately 5,100 acres of land depicted as 
                ``Parcel 1'' on the map entitled ``White Sands Missile 
                Range/Fort Bliss/BLM Land Transfer and Withdrawal'' and 
                dated April 3, 2012 (referred to in this section as the 
                ``map'');
                  (B) the approximately 37,600 acres of land depicted 
                as ``Parcel 2'', ``Parcel 3'', and ``Parcel 4'' on the 
                map; and
                  (C) any land or interest in land that is acquired by 
                the United States within the boundaries of the parcels 
                described in subparagraph (B).
          (3) Limitation.--Notwithstanding paragraph (1), the land 
        depicted as ``Parcel 4'' on the map is not withdrawn for 
        purposes of the issuance of oil and gas pipeline rights-of-way.
  (b) Reservation.--The Federal land described in subsection (a)(2)(A) 
is reserved for use by the Secretary of the Army for military purposes 
in accordance with Public Land Order 833, dated May 27, 1952 (17 Fed. 
Reg. 4822).
  (c) Revocation of Withdrawal.--Effective on the date of enactment of 
this Act--
          (1) Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 
        4822), is revoked with respect to the approximately 2,050 acres 
        of land generally depicted as ``Parcel 2'' on the map; and
          (2) the land described in paragraph (1) shall be managed by 
        the Secretary of the Interior as public land, in accordance 
        with--
                  (A) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.); and
                  (B) any other applicable laws.

                                PURPOSE

    The purpose of S. 1309 is to withdraw certain public lands 
for the China Lake Naval Air Weapons Station, the Limestone 
Hills Training Area, the Chocolate Mountain Aerial Gunnery 
Range, the Twentynine Palms Marine Corps Air Ground Combat 
Center, the White Sands Missile Range, and Fort Bliss.

                          BACKGROUND AND NEED

    Many of the Nation's military installations occupy public 
lands that have been withdrawn from the public domain and 
reserved for military purposes. Since 1958, the Engle Act (43 
U.S.C. 156) has required any withdrawal of more than 5,000 
acres that is reserved for military purposes to be authorized 
by Congress. Legislation is needed to renew expiring land 
withdrawals for the China Lake Naval Air Weapons Station and 
the Chocolate Mountain Aerial Gunnery Range, and to withdraw 
additional acreage for the Limestone Hills Training Area, the 
Twentynine Palms Marine Corps Air Ground Combat Center, the 
White Sands Missile Range, and Fort Bliss.

China Lake

    The China Lake Naval Air Weapons Station is located in the 
western Mojave Desert, about 150 miles northeast of Los 
Angeles, California. It is the Navy's largest single 
landholding, and encompasses about 1,700 square miles or 1.1 
million acres, an area about the size of Rhode Island. It is 
divided into a North Range of 606,926 acres in Inyo, Kern, and 
San Bernardino counties, and a South Range of 503,510 acres, 
all of which lie within San Bernardino County.
    The area was originally set aside in 1943 for the Navy to 
test rockets and ordnance during World War II. It was 
legislatively withdrawn and reserved for the use of the Navy as 
a range for testing air weapons by section 803(a) of the 
California Desert Protection Act of 1994, Public Law 103-433, 
108 Stat. 4502. In accordance with section 806(a) of the Desert 
Protection Act, the withdrawal and reservation terminates 20 
years after the date of enactment, on October 31, 2014. 
Legislation is needed to renew the withdrawal and reservation.

Limestone Hills

    The Limestone Hills Training Area is located on the eastern 
edge of the Rocky Mountains, west of the Missouri River, 
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. It occupies about 18,644 acres of 
public land.
    The area has been used for military training by the Montana 
Army National Guard since 1952. In 1984, the Bureau of Land 
Management issued the Montana Army National Guard a right-of-
way to use the area for 30 years. The right-of-way expires on 
March 26, 2014. In 1993, the Bureau of Land Management informed 
the Montana Army National Guard that it can no longer authorize 
use of public lands for military purposes by a right-of-way and 
that the Guard would need to apply for a land withdrawal if it 
wished to continue using the area after the right-of-way 
expires. Legislation is thus needed to withdraw and reserve the 
land for the Montana Army National Guard to continue to use the 
area for military training.

Chocolate Mountain

    The Chocolate Mountain Air Gunnery Range is located in the 
Sonoran Desert, about 100 miles east of San Diego, in Imperial 
and Riverside counties, California, between the Salton Sea and 
the Arizona border. It occupies about 495,000 acres, of which 
approximately 227,000 acres are withdrawn public lands.
    The area was originally set aside during World War II to 
train air crews in aerial gunnery and bombing. It was 
legislatively withdrawn and reserved for the use of the Navy as 
a range for testing air weapons by section 803(b) of the 
California Desert Protection Act of 1994, Public Law 103-433, 
108 Stat. 4502. In accordance with section 806(a) of the Desert 
Protection Act, the withdrawal and reservation terminates 20 
years after the date of enactment, on October 31, 2014. 
Legislation is needed to renew the withdrawal and reservation.

Twentynine Palms

    The Twentynine Palms Marine Corps Air Ground Combat Center 
is located in the western Mojave Desert, about 140 miles east 
of Los Angeles, California. It currently covers about 596,000 
acres, or 295 square miles, in southern San Bernardino County.
    The area was originally withdrawn and reserved for the 
Navy, for use as training center for the Marine Corps, by 
Public Land Order 1860 in 1959. The current area is 
insufficient for its intended use for live-fire training of a 
Marine Expeditionary Brigade. The Department of the Navy is 
requesting an additional 110,997 acres of public land adjacent 
to the existing withdrawal for exclusive military use. In 
addition, the Navy is requesting an additional 40,931-acre 
shared use area which will be open to the public for ten months 
out of the year when not used for military training. 
Legislation is needed to withdraw and reserve the additional 
acreage for military purposes.

White Sands/Fort Bliss

    The White Sands Missile Range and Fort Bliss are the two 
largest military installations in the United States, together 
occupying nearly 5,000 square miles. White Sands Missile Range 
is the largest and covers almost 3,200 square miles in south 
central New Mexico. Fort Bliss is the second largest and covers 
almost 1,700 square miles in west Texas and southern New 
Mexico, north of El Paso. The White Sands Missile Range was 
originally established as the Alamogordo Bombing and Gunnery 
Range in 1941. It was the site of Robert Goddard's early rocket 
tests in 1942 and the Manhattan Project's Trinity test of the 
first atomic bomb in 1945. It continues to be used for missile 
testing. Fort Bliss has been occupied by the Army since the 
19th century. It currently houses the 1st Armored Division and 
is used for heavy armor training.
    The Dona Ana Range, which is part of Fort Bliss, is used 
for tank gunnery and artillery training. Training activity on 
the Dona Ana Range generates noise, vibration, and dust. The 
Army is concerned that residential and commercial development 
may occur on public land adjacent to the Range. Legislation is 
needed to withdraw additional parcels, totaling 37,600 acres, 
adjacent to the Dona Ana Range to ensure that incompatible 
development does not occur and to establish a buffer zone for 
live-fire training in the Dona Ana training area.
    In addition, part of the White Sands Missile Range is used 
by the National Aeronautics and Space Administration's White 
Sands Test Facility and Goddard Space Flight Center Tracking 
and Data Relay Satellite Systems facility, and by the National 
Reconnaissance Office's Aerospace Data Facility--Southwest. 
These operations have special security and safety requirements, 
but are located close to a public access area, and a number of 
security incidents have occurred in the area. Legislation is 
needed to withdraw an additional parcel of 5,100 acres to 
provide a one-mile stand-off area between these operations and 
the public access area, to improve the security of the 
facilities.

                          LEGISLATIVE HISTORY

    S. 1309 was introduced by Senator Wyden (by request) on 
July 16, 2013. The Subcommittee on Public Lands, Forests, and 
Mining held a hearing on S. 1309 on July 30, 2013. At its 
business meeting on November 14, 2013, the Committee ordered S. 
1309 favorably reported.
    At the same time, the Committee separately ordered reported 
S. 1169 and S. 753, which are similar to the text of sections 
202 and 205 of S. 1309, respectively.
    In addition, similar legislation was subsequently 
incorporated as title XXIX of H.R. 2304, the National Defense 
Authorization Act for Fiscal Year 2014, which was enacted as 
Public Law 113-66 on December 26, 2013. The National Defense 
Authorization Act only withdraws the 5,100 acres for the White 
Sands Missile Range, however, and not the additional 37,600 
acres for the buffer for the Dona Ana Range.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on November 14, 2013, by a voice vote of 
a quorum present, recommends that the Senate pass S. 1309, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    At its business meeting on November 14, 2013, the Committee 
adopted an amendment in the nature of a substitute. The 
amendment restructures the bill as a new Military Land 
Withdrawals Act of 2013 rather than as a new chapter 174 in 
title 10 of the United States Code. The amendment redesignates 
the general provisions in subchapter I, section 2931 through 
2943 and section 2946, as proposed to be added to title 10 by 
the bill as introduced, as sections 101-114 in title I of the 
Military Land Withdrawals Act. Sections 2944 and 2955, 
authorizing the Secretary of the Interior and the Secretary 
concerned to transfer parcels between them and authorizing the 
Secretary of the Interior to delegate assigned functions, 
respectively, are stricken. Subchapters II, III, IV, and V of 
chapter 174, as proposed to be added to title 10 of the United 
States Code by the bill as introduced, are redesignated as 
sections 201, 202, 203, and 204 of the Military Land 
Withdrawals Act. In addition, a new section 205 withdrawing and 
reserving public lands for the White Sands Missile Range and 
Fort Bliss are added by the amendment.

                      SECTION-BY-SECTION ANALYSIS

    Section 1 provides a short title and table of contents.
    Section 2 defines key terms used in the Act.

                      TITLE I--GENERAL PROVISIONS

    Section 101(a) states that the provisions of title I apply 
to each withdrawal made by title II. Subsection (b) provides 
that nothing in title I assigns management or real property 
under the jurisdiction of the Secretary of the military 
department concerned (``the Secretary concerned'') to the 
Secretary of the Interior.
    Section 102 provides for the preparation, legal effect, 
public availability, and cost of maps and legal descriptions of 
the withdrawals.
    Section 103 authorizes the Secretary concerned to restrict 
access to the withdrawals if necessary for military purposes, 
public safety, or national security.
    Section 104 authorizes the Secretary concerned to authorize 
the use of withdrawn lands for additional defense-related 
purposes.
    Section 105(a) authorizes the Secretary of the Interior, 
with the consent of the Secretary concerned, to authorize the 
use, occupancy, or development of the withdrawn land. Paragraph 
(b) authorizes the Secretary concerned to authorize the use, 
occupancy, or development of the withdrawn land for a defense-
related purpose or, subject to the consent of the Secretary of 
the Interior, for a non-defense purpose. Paragraph (c) provides 
for the form of authorizations under paragraphs (a) and (b). 
Paragraph (d) authorizes the Secretary of the Interior, with 
the consent of the Secretary concerned, to lease withdrawn 
lands to prevent drainage of oil and gas resources.
    Section 106 directs the Secretary concerned to take 
necessary precautions to prevent, and actions to suppress, 
brush and range fires resulting from military activities on the 
withdrawn lands.
    Section 107 requires the Secretary concerned to maintain, 
to the extent funds are available, a program of decontamination 
of contamination caused by defense-related uses of the 
withdrawn lands.
    Section 108 provides that the Act neither establishes new 
federal water rights on the withdrawn land nor affects existing 
federal water rights.
    Section 109 applies section 2671 of title 10, United States 
Code (relating to hunting, fishing, and trapping on military 
installations) to lands withdrawn by title II.
    Section 110 requires withdrawals made by title II to be 
extended or renewed by further legislation.
    Section 111 requires the Secretary concerned to notify the 
Secretary of the Interior if the Secretary concerned if a 
withdrawal needs to be renewed at least 5 years before the 
expiration of the withdrawals made by title II.
    Section 112 provides that lands withdrawn by title II shall 
not be open to appropriation under the public land laws, mining 
laws, and mineral leasing laws after the withdrawal expires 
unless the Secretary of the Interior, by order, restores them 
to the public domain and opens them for appropriation.
    Section 113 authorizes the Secretary concerned to 
relinquish lands withdrawn under title II.
    Section 114 holds harmless the United States and its 
officers and employees for liabilities resulting from 
nondefense-related activities on the lands withdrawn by title 
II.

                  TITLE II--MILITARY LAND WITHDRAWALS

    Section 201(a) withdraws and reserves for the China Lake 
Naval Air Weapons Station 1,045,000 acres of public land in 
California for use as an air weapons range and for other 
purposes. Subsection (b) provides for the management the 
withdrawn lands. Subsection (c) terminates prior withdrawals. 
Subsection (d) terminates the withdrawal made by subsection (a) 
on March 31, 2039.
    Section 202(a) withdraws and reserves for the Limestone 
Hills Training Area 18,644 acres of public land in Montana for 
military training and other purposes. Subsection (b) provides 
for the management the withdrawn lands. Subsection (c) provides 
special rules governing minerals management. Subsection (d) 
directs the Secretary of the Interior to manage grazing on the 
withdrawn lands. Subsection (e) terminates the withdrawal made 
by subsection (a) on March 31, 2039.
    Section 203(a) withdraws and reserves for the Chocolate 
Mountain Aerial Gunnery Range 228,324 acres of public land in 
California for aerial bombing, missile testing, and other 
purposes. Subsection (b) provides for the management the 
withdrawn lands. Subsection (c) forecloses public access and 
other uses of the withdrawn land, notwithstanding section 103. 
Subsection (d) terminates the withdrawal made by subsection (a) 
on March 31, 2039.
    Section 204(a) withdraws and reserves for the Twentynine 
Palms Marine Corps Air Ground Combat Center 151,928 acres of 
public land in California for training large-scale Marine air 
ground task forces and other purposes. Subsection (b) provides 
for the management the withdrawn lands. Subsection (c) 
terminates the withdrawal made by subsection (a) on March 31, 
2039.
    Section 205 withdraws and reserves 5,100 acres of public 
land in New Mexico for the White Sands Missile Range and 37,600 
acres of public land in New Mexico for Fort Bliss.

                   COST AND BUDGETARY CONSIDERATIONS

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

S. 1309--Military Land Withdrawals Act of 2013

    S. 1309 would require the Secretary of the Interior to 
withdraw 1.5 million acres of federal land in the western 
United States from the operation of certain public land laws, 
including laws that authorize mineral development and grazing 
on such lands. Those lands would be used for military purposes. 
The bill also would require the Secretary of the Army to 
transfer administrative jurisdiction over 2,000 acres of land 
in New Mexico to the Department of the Interior. In addition, 
the bill would add 40,000 acres to the Johnson Valley Off-
Highway Vehicle Area in California.
    CBO estimates that implementing the legislation would have 
no significant impact on the federal budget. Pay-as-you-go 
procedures do not apply because the legislation would not 
affect direct spending or revenues. Nearly all of the 
provisions of S. 1309 were enacted in Public Law 113-66, the 
National Defense Authorization Act of 2014.
    S. 1309 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Peter H. Fontaine, 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. 1309.
    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. 1309, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 1309, 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, the 
Department of the Navy, and Bureau of Land Management at the 
July 30, 2013, Subcommittee on Public Lands, Forests, and 
Mining hearing on S. 1309 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 Roger M. Natsuhara, Acting Assistant Secretary of Navy 
                (Energy, Installations, and Environment)

    Chairman Manchin, Ranking Member Barrasso, and members of 
the Subcommittee, I am pleased to appear before you today to 
discuss the continuing need for the Department of the Navy's 
land withdrawals in the Southwest.
    A number of Department of Navy installations are located 
wholly or partially on public lands that have been withdrawn 
from the public domain for military purposes. Since the passage 
of the Engle Act, such military land withdrawals exceeding 
5,000 acres must be authorized in statute. The military land 
withdrawals for Naval Air Weapons Station, China Lake and the 
Chocolate Mountain Aerial Gunnery Range expire next year and 
can only be renewed by an Act of Congress. China Lake supports 
the Navy's research, development, acquisition, testing and 
evaluation of cutting edge weapons systems for the warfighter. 
It consists of over 1.1 million acres of land of which over 90 
percent are withdrawn public lands. The installation supports 
approximately 9000 hours of aircraft and weapons training 
annually and is of critical importance in maintaining national 
military readiness. The Department has no viable alternative 
location where it can perform the testing, training and 
operations that are conducted at China Lake.
    The aerial gunnery range located in the Chocolate Mountains 
consists of about 459,000 acres of which approximately 227,000 
acres are withdrawn public lands. The range supports Marine 
Corps, Navy, and Air Force aircrew training in air combat 
maneuvering and tactics; airborne laser system operations; air-
to-air gunnery and air-to-ground bombing, rocketry, and 
strafing. The range is the primary range for the Marine Corps' 
advanced aviation tactics school, serves east coast Marine 
aviation units by providing capability not available on the 
east coast, and is the primary ``backyard'' range for the 3rd 
Marine Aircraft Wing. Navy Special Warfare units also use this 
gunnery range to conduct ground combat training.
    In addition to the renewal of existing military land 
withdrawals at China Lake and the Chocolate Mountains, the 
Department of Navy requests a new land withdrawal at Marine 
Corps Air Ground Combat Center in Twenty-nine Palms, CA to meet 
current and future training requirements. Although ground 
operations are winding down in Afghanistan, the world is still 
a very uncertain place, with the threat environment only 
growing more complex. As the Nation's premier ``first 
responders'' in conflict, the Marine Corps must remain nimble 
and flexible enough to engage the enemy with the appropriately 
sized and right mix of forces on the battlefield.
    This withdrawal is required to expand the existing training 
environment and provide sufficient maneuver area, both land and 
airspace, to conduct sustained, combined arms, live-fire and 
maneuver field training for Marine Expeditionary Brigade (MEB)-
sized Marine Air Ground Task Forces (MAGTF). A MEB--the primary 
forcible entry contingency response force--consists of three 
battalion task forces and associated command, aviation, and 
combat logistics support elements.
    MEBs must be capable of performing a variety of missions 
throughout the spectrum of conflict because they will encounter 
complex situations containing asymmetric threats, nonlinear 
battlefields, and unclear delineation between combatants and 
noncombatants. To overcome these challenges and operate 
effectively, MEBs must train in a realistic setting, which the 
current installation configuration cannot provide. Twenty-nine 
Palms, established in the 1950s and sized for the weapons and 
tactics of the time, is simply not big enough to accommodate 
the way the Marine Corps must train to fight today's battles.
    To accomplish this, the Department intends to purchase 
private and state lands adjacent to the Combat Center, pursue 
the establishment and modification of Special Use Airspace 
through the Federal Aviation Administration and request a 
military land withdrawal of additional public lands. Because of 
the amount of acreage being requested, this land withdrawal 
also requires an Act of Congress. We recognize the public's 
keen interest in retaining access to Johnson Valley for 
recreational purposes. Our land withdrawal request--developed 
through public input--preserves public access to Johnson 
Valley, the area prized by the off-highway vehicle recreation 
enthusiasts due to its unique terrain features. Our withdrawal 
request represents a reasonable solution for preserving public 
access while providing space for required military training.
    As required by the current law, the Department has worked 
with the Department of Interior, the Bureau of Land Management, 
and the Federal Aviation Administration in preparation for 
these withdrawals over the last several years. The 
Administration has submitted a legislative proposal through 
which these land withdrawals would be enacted as part of Fiscal 
Year 2014 National Defense Authorization Act.
    The need to enact legislation and authorize these 
withdrawals is urgent. As our Department of Defense colleagues 
have stated in previous testimony earlier this year, the 
consequences of failing to enact withdrawal legislation could, 
in some of these instances, cause severe impacts on DOD and the 
military Services if we are forced to stop training and 
testing. In all cases, DOD has a compelling need for the 
withdrawn land in order to successfully conduct its testing, 
training, missions and operations with the capabilities and 
competence that it must maintain.
    Our Nation's Navy and Marine Corps operate globally, which 
includes having the ability to project power, effect 
deterrence, and provide humanitarian aid whenever and wherever 
needed to protect the interests of the United States. To do 
this, however, requires forces who train as they would fight 
and weapons that deliver as promised. We ask for your support 
in giving our men and women what they need to prevail. I look 
forward to working with you to sustain the war fighting 
readiness and quality of life for the most formidable 
expeditionary fighting force in the world. Thank you for the 
opportunity to testify before you today and I welcome your 
questions.

    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 
(DOI) 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 DOI 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 (wsmr) 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 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. 1309 as ordered 
reported.