[Senate Report 113-161]
[From the U.S. Government Publishing Office]
Calendar No. 378
113th Congress Report
SENATE
2d Session 113-161
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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withdrawn and reserved by title II.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.