[Senate Report 114-349]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 625
114th Congress        }                                   {      Report
                                 SENATE
 2d Session           }                                   {     114-349

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



 
  UTAH TEST AND TRAINING RANGE ENCROACHMENT PREVENTION AND TEMPORARY 
                              CLOSURE ACT

                                _______
                                

               September 13, 2016.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 2383]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 2383) to withdraw certain Bureau of Land 
Management land in the State of Utah from all forms of public 
appropriation, to provide for the shared management of the 
withdrawn land by the Secretary of the Interior and the 
Secretary of the Air Force to facilitate enhanced weapons 
testing and pilot training, enhance public safety, and provide 
for continued public access to the withdrawn land, to provide 
for the exchange of certain Federal land and State land, and 
for other purposes, having considered the same, reports 
favorably thereon with an amendment in the nature of a 
substitute and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Utah Test and 
Training Range Encroachment Prevention and Temporary Closure Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

  TITLE I--AUTHORIZATION FOR TEMPORARY CLOSURE OF CERTAIN PUBLIC LAND 
              ADJACENT TO THE UTAH TEST AND TRAINING RANGE

Sec. 101. Definitions.
Sec. 102. Memorandum of agreement.
Sec. 103. Temporary closures.
Sec. 104. Liability.
Sec. 105. Community Resource Advisory Group.
Sec. 106. Savings clauses.

  TITLE II--BUREAU OF LAND MANAGEMENT LAND EXCHANGE WITH STATE OF UTAH

Sec. 201. Definitions.
Sec. 202. Exchange of Federal land and non-Federal land.
Sec. 203. Status and management of non-Federal land acquired by the 
United States.
Sec. 204. Hazardous materials.

  TITLE I--AUTHORIZATION FOR TEMPORARY CLOSURE OF CERTAIN PUBLIC LAND 
              ADJACENT TO THE UTAH TEST AND TRAINING RANGE

SEC. 101. DEFINITIONS.

    In this Act:
          (1) Blm land.--The term ``BLM land'' means certain public 
        land administered by the Bureau of Land Management land in the 
        State comprising approximately 703,621 acres, as generally 
        depicted on the map entitled ``Utah Test and Training Range 
        Enhancement/West Desert Land Exchange'' and dated May 7, 2016.
          (2) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (3) State.--The term ``State'' means the State of Utah.
          (4) Utah test and training range.--The term ``Utah Test and 
        Training Range'' means the portions of the military land and 
        airspace operating area of the Utah Test and Training Area that 
        are located in the State, including the Dugway Proving Ground.

SEC. 102. MEMORANDUM OF AGREEMENT.

    (a) Memorandum of Agreement.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary and the Secretary of the 
        Air Force shall enter into a memorandum of agreement to 
        authorize the Secretary of the Air Force, in consultation with 
        the Secretary, to impose limited closures of the BLM land for 
        military operations and national security and public safety 
        purposes, as provided in this title.
          (2) Draft.--
                  (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary and the 
                Secretary of the Air Force shall complete a draft of 
                the memorandum of agreement required under paragraph 
                (1).
                  (B) Public comment period.--During the 30-day period 
                beginning on the date on which the draft memorandum of 
                agreement is completed under subparagraph (A), there 
                shall be an opportunity for public comment on the draft 
                memorandum of agreement, including an opportunity for 
                the Utah Test and Training Range Community Resource 
                Advisory Group established under section 105(a) to 
                provide comments on the draft memorandum of agreement.
          (3) Management by secretary.--The memorandum of agreement 
        entered into under paragraph (1) shall provide that the 
        Secretary shall continue to manage the BLM land in accordance 
        with the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1701 et seq.) and applicable land use plans, while 
        allowing for the temporary closure of the BLM land in 
        accordance with this title.
          (4) Permits and rights-of-way.--
                  (A) In general.--The Secretary shall consult with the 
                Secretary of the Air Force regarding Utah Test and 
                Training Range mission requirements before issuing new 
                use permits or rights-of-way on the BLM land.
                  (B) Framework.--The Secretary and the Secretary of 
                the Air Force shall establish within the memorandum of 
                agreement entered into under paragraph (1) a framework 
                agreed to by the Secretary and the Secretary of the Air 
                Force for resolving any disagreement on the issuance of 
                permits or rights-of-way on the BLM land.
          (5) Termination.--
                  (A) In general.--The memorandum of agreement entered 
                into under paragraph (1) shall be for a term to be 
                determined by the Secretary and the Secretary of the 
                Air Force, not to exceed 25 years.
                  (B) Early termination.--The memorandum of agreement 
                may be terminated before the date determined under 
                subparagraph (A) if the Secretary of the Air Force 
                determines that the temporary closure of the BLM land 
                is no longer necessary to fulfill Utah Test and 
                Training Range mission requirements.
    (b) Map.--The Secretary may correct any minor errors in the map 
described in section 101(1).
    (c) Land Safety.--If corrective action is necessary on the BLM land 
due to an action of the Air Force, the Secretary of the Air Force 
shall--
          (1) render the BLM land safe for public use; and
          (2) appropriately communicate the safety of the land to the 
        Secretary on the date on which the BLM land is rendered safe 
        for public use under paragraph (1).
    (d) Consultation.--The Secretary shall consult with any federally 
recognized Indian tribe in the vicinity of the BLM land before entering 
into any agreement under this title.
    (e) Grazing.--
          (1) Effect.--Nothing in this title impacts the management of 
        grazing on the BLM land.
          (2) Continuation of grazing management.--The Secretary shall 
        continue grazing management on the BLM land pursuant to the 
        Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 
        et seq.) and applicable resource management plans.
    (f) Memorandum of Understanding on Emergency Access and Response.--
Nothing in this section precludes the continuation of the memorandum of 
understanding between the Department of the Interior and the Department 
of the Air Force with respect to emergency access and response, as in 
existence on the date of enactment of this Act.
    (g) Withdrawal.--Subject to valid existing rights, the BLM land 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.

SEC. 103. TEMPORARY CLOSURES.

    (a) In General.--If the Secretary of the Air Force determines that 
military operations (including operations relating to the fulfillment 
of the mission of the Utah Test and Training Range), public safety, or 
national security require the temporary closure to public use of any 
road, trail, or other portion of the BLM land, the Secretary of the Air 
Force may take such action as the Secretary of the Air Force, in 
consultation with the Secretary, determines necessary to carry out the 
temporary closure.
    (b) Limitations.--Any temporary closure under subsection (a)--
          (1) shall be limited to the minimum areas and periods during 
        which the Secretary of the Air Force determines are required to 
        carry out a closure under this section;
          (2) shall not occur on a State or Federal holiday, unless 
        notice is provided in accordance with subsection (c)(1)(B);
          (3) shall not occur on a Friday, Saturday, or Sunday, unless 
        notice is provided in accordance with subsection (c)(1)(B); and
          (4)(A) if practicable, shall be for not longer than a 3-hour 
        period per day;
          (B) shall only be for longer than a 3-hour period per day--
                  (i) for mission essential reasons; and
                  (ii) as infrequently as practicable and in no case 
                for more than 10 days per year; and
          (C) shall in no case be for longer than a 6-hour period per 
        day.
    (c) Notice.--
          (1) In general.--Except as provided in paragraph (2), the 
        Secretary of the Air Force shall--
                  (A) keep appropriate warning notices posted before 
                and during any temporary closure; and
                  (B) provide notice to the Secretary, public, and 
                relevant stakeholders concerning the temporary 
                closure--
                          (i) at least 30 days before the date on which 
                        the temporary closure goes into effect;
                          (ii) in the case of a closure during the 
                        period beginning on March 1 and ending on May 
                        31, at least 60 days before the date on which 
                        the closure goes into effect; or
                          (iii) in the case of a closure described in 
                        paragraph (3) or (4) of subsection (b), at 
                        least 90 days before the date on which the 
                        closure goes into effect.
          (2) Special notification procedures.--In each case for which 
        a mission-unique security requirement does not allow for the 
        notifications described in paragraph (1)(B), the Secretary of 
        the Air Force shall work with the Secretary to achieve a 
        mutually agreeable timeline for notification.
    (d) Maximum Annual Closures.--The total cumulative hours of 
temporary closures authorized under this section with respect to the 
BLM land shall not exceed 100 hours annually.
    (e) Prohibition on Certain Temporary Closures.--The northernmost 
area identified as ``Newfoundland's'' on the map described in section 
101(1) shall not be subject to any temporary closure between August 21 
and February 28, in accordance with the lawful hunting seasons of the 
State of Utah.
    (f) Emergency Ground Response.--A temporary closure of a portion of 
the BLM land shall not affect the conduct of emergency response 
activities on the BLM land during the temporary closure.
    (g) Livestock.--Livestock authorized by a Federal grazing permit 
shall be allowed to remain on the BLM land during a temporary closure 
of the BLM land under this section.
    (h) Law Enforcement and Security.--The Secretary and the Secretary 
of the Air Force may enter into cooperative agreements with State and 
local law enforcement officials with respect to lawful procedures and 
protocols to be used in promoting public safety and operation security 
on or near the BLM land during noticed test and training periods.

SEC. 104. LIABILITY.

    The United States (including all departments, agencies, officers, 
and employees of the United States) shall be held harmless and shall 
not be liable for any injury or damage to any individual or property 
suffered in the course of any mining, mineral, or geothermal activity, 
or any other authorized nondefense-related activity, conducted on the 
BLM land.

SEC. 105. COMMUNITY RESOURCE ADVISORY GROUP.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, there shall be established the Utah Test and 
Training Range Community Resource Advisory Group (referred to in this 
section as the ``Community Group'') to provide regular and continuing 
input to the Secretary and the Secretary of the Air Force on matters 
involving public access to, use of, and overall management of the BLM 
land.
    (b) Membership.--
          (1) In general.--The Secretary shall appoint members to the 
        Community Group, including--
                  (A) 1 representative of Indian tribes in the vicinity 
                of the BLM land, to be nominated by a majority vote 
                conducted among the Indian tribes in the vicinity of 
                the BLM land;
                  (B) not more than 1 county commissioner from each of 
                Box Elder, Tooele, and Juab Counties, Utah;
                  (C) 2 representatives of off-road and highway use, 
                hunting, or other recreational users of the BLM land;
                  (D) 2 representatives of livestock permitees on 
                public land located within the BLM land;
                  (E) 1 representative of the Utah Department of 
                Agriculture and Food; and
                  (F) not more than 3 representatives of State or 
                Federal offices or agencies, or private groups or 
                individuals, if the Secretary determines that such 
                representatives would further the goals and objectives 
                of the Community Group.
          (2) Chairperson.--The members described in paragraph (1) 
        shall elect from among the members of the Community Group--
                  (A) 1 member to serve as Chairperson of the Community 
                Group; and
                  (B) 1 member to serve as Vice-Chairperson of the 
                Community Group.
          (3) Air force personnel.--The Secretary of the Air Force 
        shall appoint appropriate operational and land management 
        personnel of the Air Force to serve as a liaison to the 
        Community Group.
    (c) Conditions and Terms of Appointment.--
          (1) In general.--Each member of the Community Group shall 
        serve voluntarily and without compensation.
          (2) Term of appointment.--
                  (A) In general.--Each member of the Community Group 
                shall be appointed for a term of 4 years.
                  (B) Original members.--Notwithstanding subparagraph 
                (A), the Secretary shall select \1/2\ of the original 
                members of the Community Group to serve for a term of 4 
                years and the \1/2\ to serve for a term of 2 years to 
                ensure the replacement of members shall be staggered 
                from year to year.
                  (C) Reappointment and replacement.--The Secretary may 
                reappoint or replace a member of the Community Group 
                appointed under subsection (b)(1), if--
                          (i) the term of the member has expired;
                          (ii) the member has retired; or
                          (iii) the position held by the member 
                        described in subparagraph (A) through (F) of 
                        paragraph (1) has changed to the extent that 
                        the ability of the member to represent the 
                        group or entity that the member represents has 
                        been significantly affected.
    (d) Meetings.--
          (1) In general.--The community group shall meet not less than 
        once per year, and at such other frequencies as determined by 5 
        or more of the members of the Community Group.
          (2) Responsibilities of community group.--The Community Group 
        shall be responsible for determining appropriate schedules for, 
        details of, and actions for meetings of the Community Group.
          (3) Notice.--The Chairperson shall provide notice to each 
        member of the Community Group not less than 10 business days 
        before the date of a scheduled meeting.
          (4) Exempt from federal advisory committee act.--The Federal 
        Advisory Committee Act (5 U.S.C. App.) shall not apply to 
        meetings of the Community Group.
    (e) Recommendations of Community Group.--The Secretary and 
Secretary of the Air Force, consistent with existing laws (including 
regulations), shall take under consideration recommendations from the 
Community Group.
    (f) Termination of Authority.--The Community Group shall terminate 
on the date that is 10 years after the date of enactment of this Act.

SEC. 106. SAVINGS CLAUSES.

    (a) Effect on Weapon Impact Area.--Nothing in this title expands 
the boundaries of the weapon impact area of the Utah Test and Training 
Range.
    (b) Effect on Special Use Airspace and Training Routes.--Nothing in 
this title precludes--
          (1) the designation of new units of special use airspace; or
          (2) the expansion of existing units of special use airspace.
    (c) Effect on Existing Military Special Use Airspace Agreement.--
Nothing in this title limits or alters the Military Operating Areas of 
Airspace Use Agreement between the Federal Aviation Administration and 
the Air Force in effect on the date of enactment of this Act.
    (d) Effect on Existing Rights and Agreements.--
          (1) Knolls special recreation management area; blm community 
        pits.--Except as otherwise provided in section 103, nothing in 
        this title limits or alters any existing right or right of 
        access to--
                  (A) the Knolls Special Recreation Management Area; or
                  (B)(i) the Bureau of Land Management Community Pits 
                Central Grayback and South Grayback; and
                  (ii) any other county or community pit located within 
                close proximity to the BLM land.
    (e) Interstate 80.--Nothing in this title authorizes any additional 
authority or right to the Secretary or the Secretary of the Air Force 
to temporarily close Interstate 80.
    (f) Effect on Limitation on Amendments to Certain Individual 
Resource Management Plans.--Nothing in this title affects the 
limitation established under section 2815(d) of the National Defense 
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 
852).
    (g) Effect on Previous Memorandum of Understanding.--Nothing in 
this title affects the memorandum of understanding entered into by the 
Air Force, the Bureau of Land Management, the Utah Department of 
Natural Resources, and the Utah Division of Wildlife Resources relating 
to the reestablishment of bighorn sheep in the Newfoundland Mountains 
and signed by the parties to the memorandum of understanding during the 
period beginning on January 24, 2000, and ending on February 4, 2000.
    (h) Effect on Federally Recognized Indian Tribes.--Nothing in this 
title alters any right reserved by treaty or Federal law for a 
Federally recognized Indian tribe for tribal use.
    (i) Payments in Lieu of Taxes.--Nothing in this title diminishes, 
enhances, or otherwise affects any other right or entitlement of the 
counties in which the BLM land is situated to payments in lieu of taxes 
based on the BLM land, under section 6901 of title 31, United States 
Code.
    (j) Wildlife Improvements.--The Secretary and the Utah Division of 
Wildlife Resources shall continue the management of wildlife 
improvements, including guzzlers, in existence as of the date of 
enactment of this Act on the BLM land.

  TITLE II--BUREAU OF LAND MANAGEMENT LAND EXCHANGE WITH STATE OF UTAH

SEC. 201. DEFINITIONS.

    In this title:
          (1) Exchange map.--The term ``Exchange Map'' means the map 
        prepared by the Bureau of Land Management entitled ``Utah Test 
        and Training Range Enhancement/West Desert Land Exchange'' and 
        dated May 7, 2016.
          (2) Federal land.--The term ``Federal land'' means the Bureau 
        of Land Management land located in Box Elder, Millard, Juab, 
        Tooele, and Beaver Counties, Utah, that is identified on the 
        Exchange Map as ``BLM Lands Proposed for Transfer to State 
        Trust Lands''.
          (3) Non-federal land.--The term ``non-Federal land'' means 
        the land owned by the State in Box Elder, Tooele, and Juab 
        Counties, Utah, that is identified on the Exchange Map as--
                  (A) ``State Trust Land Proposed for Transfer to 
                BLM''; and
                  (B) ``State Trust Minerals Proposed for Transfer to 
                BLM''.
          (4) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (5) State.--The term ``State'' means the State of Utah, 
        acting through the School and Institutional Trust Lands 
        Administration.

SEC. 202. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.

    (a) In General.--If the State offers to convey to the United States 
title to the non-Federal land, the Secretary shall--
          (1) accept the offer; and
          (2) on receipt of all right, title, and interest in and to 
        the non-Federal land, convey to the State (or a designee) all 
        right, title, and interest of the United States in and to the 
        Federal land.
    (b) Applicable Law.--
          (1) In general.--The land exchange shall be subject to 
        section 206 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1716) and other applicable law.
          (2) Effect of study.--The Secretary shall carry out the land 
        exchange under this title notwithstanding section 2815(d) of 
        the National Defense Authorization Act for Fiscal Year 2000 
        (Public Law 106-65; 113 Stat. 852).
          (3) Land use planning.--The Secretary shall not be required 
        to undertake any additional land use planning under section 202 
        of the Federal Land Policy and Management Act of 1976 (43 
        U.S.C. 1712) before the conveyance of the Federal land under 
        this title.
    (c) Valid Existing Rights.--The exchange authorized under 
subsection (a) shall be subject to valid existing rights.
    (d) Title Approval.--Title to the Federal land and non-Federal land 
to be exchanged under this title shall be in a format acceptable to the 
Secretary and the State.
    (e) Appraisals.--
          (1) In general.--The value of the Federal land and the non-
        Federal land to be exchanged under this title shall be 
        determined by appraisals conducted by 1 or more independent and 
        qualified appraisers.
          (2) State appraiser.--The Secretary and the State may agree 
        to use an independent and qualified appraiser retained by the 
        State, with the consent of the Secretary.
          (3) Applicable law.--The appraisals under paragraph (1) shall 
        be conducted in accordance with nationally recognized appraisal 
        standards, including, as appropriate, the Uniform Appraisal 
        Standards for Federal Land Acquisitions and the Uniform 
        Standards of Professional Appraisal Practice.
          (4) Minerals.--
                  (A) Mineral reports.--The appraisals under paragraph 
                (1) may take into account mineral and technical reports 
                provided by the Secretary and the State in the 
                evaluation of minerals in the Federal land and non-
                Federal land.
                  (B) Mining claims.--Federal land that is encumbered 
                by a mining or millsite claim located under sections 
                2318 through 2352 of the Revised Statutes (commonly 
                known as the ``Mining Law of 1872'') (30 U.S.C. 21 et 
                seq.) shall be appraised in accordance with standard 
                appraisal practices, including, as appropriate, the 
                Uniform Appraisal Standards for Federal Land 
                Acquisition.
                  (C) Validity examination.--Nothing in this title 
                requires the Secretary to conduct a mineral examination 
                for any mining claim on the Federal land.
          (5) Approval.--An appraisal conducted under paragraph (1) 
        shall be submitted to the Secretary and the State for approval.
          (6) Duration.--An appraisal conducted under paragraph (1) 
        shall remain valid for 3 years after the date on which the 
        appraisal is approved by the Secretary and the State.
          (7) Cost of appraisal.--
                  (A) In general.--The cost of an appraisal conducted 
                under paragraph (1) shall be paid equally by the 
                Secretary and the State.
                  (B) Reimbursement by secretary.--If the State retains 
                an appraiser in accordance with paragraph (2), the 
                Secretary shall reimburse the State in an amount equal 
                to 50 percent of the costs incurred by the State.
    (f) Conveyance of Title.--It is the intent of Congress that the 
land exchange authorized under this title shall be completed not later 
than 1 year after the date of final approval by the Secretary and the 
State of the appraisals conducted under subsection (e).
    (g) Public Inspection and Notice.--
          (1) Public Inspection.--At least 30 days before the date of 
        conveyance of the Federal land and non-Federal land, all final 
        appraisals and appraisal reviews for the Federal land and non-
        Federal land to be exchanged under this title shall be 
        available for public review at the office of the State Director 
        of the Bureau of Land Management in the State.
          (2) Notice.--The Secretary or the State, as applicable, shall 
        publish in a newspaper of general circulation in Salt Lake 
        County, Utah, a notice that the appraisals conducted under 
        subsection (e) are available for public inspection.
    (h) Consultation With Indian Tribes.--The Secretary shall consult 
with any federally recognized Indian tribe in the vicinity of the 
Federal land and non-Federal land to be exchanged under this title 
before the completion of the land exchange.
    (i) Equal Value Exchange.--
          (1) In general.--The value of the Federal land and non-
        Federal land to be exchanged under this title--
                  (A) shall be equal; or
                  (B) shall be made equal in accordance with paragraph 
                (2).
          (2) Equalization.--
                  (A) Surplus of federal land.--
                          (i) In general.--If the value of the Federal 
                        land exceeds the value of the non-Federal land, 
                        the value of the Federal land and non-Federal 
                        land shall be equalized by the State conveying 
                        to the Secretary, as necessary to equalize the 
                        value of the Federal land and non-Federal 
                        land--
                                  (I) State trust land parcel 1, as 
                                described in the assessment entitled 
                                ``Bureau of Land Management 
                                Environmental Assessment UT-100-06-
                                EA'', numbered UTU-82090, and dated 
                                March 2008; or
                                  (II) State trust land located within 
                                any of the wilderness areas or national 
                                conservation areas in Washington 
                                County, Utah, established under 
                                subtitle O of title I of the Omnibus 
                                Public Land Management Act of 2009 
                                (Public Law 111-11; 123 Stat. 1075).
                          (ii) Order of conveyances.--Any non-Federal 
                        land required to be conveyed to the Secretary 
                        under clause (i) shall be conveyed until the 
                        value of the Federal land and non-Federal land 
                        is equalized.
                  (B) Surplus of non-federal land.--If the value of the 
                non-Federal land exceeds the value of the Federal land, 
                the value of the Federal land and the non-Federal land 
                shall be equalized--
                          (i) by the Secretary making a cash 
                        equalization payment to the State, in 
                        accordance with section 206(b) of the Federal 
                        Land Policy and Management Act of 1976 (43 
                        U.S.C. 1716(b)); or
                          (ii) by removing non-Federal land from the 
                        exchange.
    (j) Grazing Permits.--
          (1) In general.--If the Federal land or non-Federal land 
        exchanged under this title is subject to a lease, permit, or 
        contract for the grazing of domestic livestock in effect on the 
        date of acquisition, the Secretary and the State shall allow 
        the grazing to continue for the remainder of the term of the 
        lease, permit, or contract, subject to the related terms and 
        conditions of user agreements, including permitted stocking 
        rates, grazing fee levels, access rights, and ownership and use 
        of range improvements.
          (2) Renewal.--To the extent allowed by Federal or State law, 
        on expiration of any grazing lease, permit, or contract 
        described in paragraph (1), the holder of the lease, permit, or 
        contract shall be entitled to a preference right to renew the 
        lease, permit, or contract.
          (3) Cancellation.--
                  (A) In general.--Nothing in this title prevents the 
                Secretary or the State from canceling or modifying a 
                grazing permit, lease, or contract if the Federal land 
                or non-Federal land subject to the permit, lease, or 
                contract is sold, conveyed, transferred, or leased for 
                non-grazing purposes by the Secretary or the State.
                  (B) Limitation.--Except to the extent reasonably 
                necessary to accommodate surface operations in support 
                of mineral development, the Secretary or the State 
                shall not cancel or modify a grazing permit, lease, or 
                contract because the land subject to the permit, lease, 
                or contract has been leased for mineral development.
          (4) Base properties.--If non-Federal land conveyed by the 
        State under this title is used by a grazing permittee or lessee 
        to meet the base property requirements for a Federal grazing 
        permit or lease, the land shall continue to qualify as a base 
        property for--
                  (A) the remaining term of the lease or permit; and
                  (B) the term of any renewal or extension of the lease 
                or permit.
    (k) Withdrawal of Federal Land From Mineral Entry Prior to 
Exchange.--Subject to valid existing rights, the Federal land to be 
conveyed to the State under this title is withdrawn from mineral 
location, entry, and patent under the mining laws pending conveyance of 
the Federal land to the State.

SEC. 203. STATUS AND MANAGEMENT OF NON-FEDERAL LAND ACQUIRED BY THE 
                    UNITED STATES.

    (a) In General.--On conveyance to the United States under this 
title, the non-Federal land shall be managed by the Secretary in 
accordance with the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1701 et seq.) and applicable land use plans.
    (b) Non-federal Land Within Cedar Mountains Wilderness.--On 
conveyance to the Secretary under this title, the non-Federal land 
located within the Cedar Mountains Wilderness shall, in accordance with 
section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 
1716(c)), be added to, and administered as part of, the Cedar Mountains 
Wilderness.
    (c) Non-federal Land Within Wilderness Areas or National 
Conservation Areas.--On conveyance to the Secretary under this title, 
non-Federal land located in a national wilderness area or national 
conservation area shall be managed in accordance with the applicable 
provisions of subtitle O of title I of the Omnibus Public Land 
Management Act of 2009 (Public Law 111-11).

SEC. 204. HAZARDOUS MATERIALS.

    (a) Costs.--Except as provided in subsection (b), the costs of 
remedial actions relating to hazardous materials on land acquired under 
this title shall be paid by those entities responsible for the costs 
under applicable law.
    (b) Remediation of Prior Testing and Training Activity.--The 
Secretary of the Air Force shall bear all costs of evaluation, 
management, and remediation caused by the previous testing of military 
weapons systems and the training of military forces on non-Federal land 
to be conveyed to the United States under this title.

                                PURPOSE

    The purpose of S. 2383, as ordered reported, is to direct 
the Secretary of the Interior and the Secretary of the Air 
Force to enter into a memorandum of agreement to authorize the 
Air Force to impose limited closures of certain public land 
adjacent to the Utah Test and Training Range for military 
operations, including enhanced weapons testing and pilot 
training, national security and public safety purposes, and to 
authorize a land exchange between the Bureau of Land Management 
and the State of Utah.

                          BACKGROUND AND NEED

    The Utah Test and Training Range (UTTR), located in the 
western Utah desert, is the largest Department of Defense (DOD) 
overland airspace test and training range. It is used by the 
U.S. Air Force (USAF), U.S. Army, and U.S. Marine Corps. The 
UTTR is home to ground and operational training and the testing 
of explosive ordinance, weapons, and other military equipment.
    In a 2015 report to Congress, the DOD listed several 
factors that may ultimately limit the long-term sustainability 
of UTTR, including the inability to accommodate more advanced 
aircraft and weapons, specifically the F-22 Raptor, F-35 Joint 
Strike Fighter, and Long Range Strike Bomber, as well as the 
crews to train them. The flight speeds of these aircraft and 
weapons require a significant amount of space for testing 
purposes. While the current size of UTTR is significant, the 
range is not large enough to accommodate training and testing 
maneuvers for these aircraft and hypersonic weapons.
    As ordered reported, S. 2383 would direct the Secretary of 
the Interior and the Secretary of the Air Force to enter into a 
memorandum of agreement to allow the Air Force, in consultation 
with the Secretary of the Interior, to impose limited closure 
of certain lands administered by the Bureau of Land Management 
adjacent to the UTTR for military operations, national 
security, and public safety purposes.
    According to testimony provided to the Committee by the Air 
Force, as guided munitions become more accurate and reliable, 
the safety footprints become larger due to greater deployment 
distances. For safety reasons, the Air Force needs to be able 
to close, for limited duration, public access to adjacent 
public lands during weapon testing sessions.
    S. 2383 will enable the Air Force to continue testing 
weapons of significant military importance while ensuring that 
adjacent public lands remain open and accessible to the public, 
except during limited weapons testing periods.
    S. 2383 also provides for an equal value land exchange 
between the State of Utah and the Bureau of Land Management 
under which the State will convey State school trust lands 
located in the vicinity of the UTTR for other public lands that 
can be developed by the State, thereby avoiding potential 
conflicts with the purposes and mission of the UTTR.

                          LEGISLATIVE HISTORY

    S. 2383 was introduced by Senators Hatch and Lee on 
December 10, 2015. The Senate Energy and Natural Resources 
Committee's Subcommittee on Public Lands, Forests, and Mining 
held a hearing on S. 2383 on April 21, 2016.
    In the House of Representatives, Representatives Stewart, 
Bishop of Utah, Chaffetz, and Love introduced a similar bill, 
H.R. 4579, on February 12, 2016. The House Natural Resources 
Subcommittee on Federal Lands held a hearing on H.R. 4579 on 
February 25, 2016. The House Natural Resources Committee 
ordered H.R. 4579 to be reported, as amended, on March 16, 
2016.
    The Committee on Energy and Natural Resources met in open 
business session on July 13, 2016, and ordered S. 2383 
favorably reported as amended.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in 
open business session on July 13, 2016, by a majority voice 
vote of a quorum present, recommends that the Senate pass S. 
2383, if amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 2383, the Committee adopted 
an amendment in the nature of the substitute to S. 2383 that 
provides for the authorization of temporary closure of certain 
public land in adjacent to the UTTR and the exchange of BLM 
land and non-Federal land with the State of Utah.
    The amendment is described in detail in the section-by-
section analysis, below.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title; Table of contents

    Section 1 contains the short title and table of contents.

  TITLE I--AUTHORIZATION FOR TEMPORARY CLOSURE OF CERTAIN PUBLIC LAND 
              ADJACENT TO THE UTAH TEST AND TRAINING RANGE

Section 101. Definitions

    Section 1 contains the definitions for title I.

Section 102. Memorandum of agreement

    Section 102(a) requires the Secretary and the Secretary of 
the Air Force to enter into a memorandum of agreement (MOA) to 
authorize the Secretary of the Air Force, in consultation with 
the Secretary, to impose limited closures of the BLM land for 
military operations and national security and public safety 
purposes within one year after the date of enactment. The draft 
MOA shall be completed not later than 180 days after enactment, 
after which there shall be a 30-day period for public comment 
on the draft MOA, including the opportunity for the UTTR 
Community Resource Advisory Group to provide comment. The 
Secretary shall continue to manage BLM land in accordance with 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.) and applicable use plans, while allowing for 
temporary closure of BLM land. The Secretary is directed to 
consult with the Secretary of the Air Force regarding UTTR 
Range mission requirements before issuing new use permits or 
rights-of-way on the BLM land. The Secretary and the Secretary 
of the Air Force shall establish within the MOA a framework for 
resolving any disagreements on the issuance of permits or 
rights-of way on the BLM land. The term for the MOA shall be 
agreed upon by the Secretary and the Secretary of the Air Force 
but is not to exceed 25 years. The MOA may be terminated early 
should the Secretary of the Air Force determine that the 
temporary closure of the BLM land is no longer necessary to 
fulfill UTTR mission requirements.
    Subsection (b) provides the Secretary the authority to 
correct any minor errors in the referenced map.
    Subsection (c) states that if corrective action is 
necessary on the BLM land due to an action of the Air Force, 
the Secretary of the Air Force shall render the BLM land safe 
for public use; and appropriately communicate the safety of the 
land to the Secretary on the date on which the BLM land is 
rendered safe.
    Section (d) requires the Secretary to consult with any 
federally recognized Indian tribe in the vicinity of the BLM 
land before entering into any agreement.
    Subsection (e) states that nothing in the title impacts the 
management of grazing on the BLM land. The Secretary is 
directed to continue grazing management on BLM land pursuant to 
applicable law and resource management plans.
    Subsection (f) states that nothing in this section 
precludes the continuation of the existing memorandum of 
understanding between the Department of the Interior and 
Department of the Air Force with respect to emergency access 
and response.
    Subsection (g) withdraws the BLM land, subject to valid 
existing rights, from all forms of appropriation under the 
public land laws.

Section 103. Temporary closures

    Section 103(a) authorizes the Secretary of the Air Force, 
in consultation with the Secretary, to require temporary 
closures on BLM land if the Secretary of the Air Force 
determines that military operations, public safety, or national 
security require the temporary closure to public use of any 
road, trail, or other portion of the BLM land.
    Subsection (b) places limitations on the temporary 
closures. Any temporary closures shall be limited to the 
minimum areas and time periods during which the Secretary of 
the Air Force determines are require to carry out a closure; 
shall not occur on a State or Federal holiday, unless notice is 
provided; shall not occur on a Friday, Saturday, or Sunday, 
unless notice is provided; and shall be for not longer than a 
three-hour period per day, if practicable. If closures are 
required beyond a three-hour period in a day, such closures 
should only be for mission essential reasons; should incur as 
infrequently as practicable and in no case for more than 10 
days per year; and shall in no case be for longer than a six-
hour period per day.
    Subsection (c) requires the Secretary of the Air Force to 
post appropriate warning notices before and during and 
temporary closures and to provide notice to the Secretary, 
public, and relevant stakeholders concerning the temporary 
closure at least 30 days in advance. In each case for which a 
mission-unique security requirement does not allow for advance 
notifications, the Secretary of the Air Force shall work with 
the Secretary to achieve a mutually agreeable timeline for 
notification.
    Subsection (d) limits the total cumulative hours of 
temporary closures authorized with respect to the BLM land to 
100 hours annually.
    Subsection (e) prohibits any temporary closures between 
August 21 and February 28 on the northernmost area of the 
referenced map, in accordance with the lawful hunting seasons 
of the State of Utah.
    Subsection (f) states that a temporary closure of a portion 
of the BLM land shall not affect the conduct of emergency 
response activities on the BLM land during the temporary 
closure.
    Subsection (g) allows livestock authorized by a Federal 
grazing permit to remain on the BLM land during a temporary 
closure of the BLM land.
    Subsection (h) authorizes the Secretary and the Secretary 
of the Air Force to enter into cooperative agreements with 
State and local law enforcement officials with respect to 
lawful procedures and protocols to be used in promoting public 
safety on or near BLM land during test and training procedures.

Section 104. Liability

    Section 104 specifies that the United States (including all 
departments, agencies, officers, and employees of the United 
States) shall be held harmless and shall not be liable for any 
injury or damage to any individual or property suffered in the 
course of any mining, mineral, or geothermal activity, or any 
other authorized nondefense-related activity, conducted on the 
BLM land.

Section 105. Community Resource Advisory Group

    Section 105(a) establishes the UTTR Community Resource 
Advisory Group (Community Group) to provide regular and 
continuing input to the Secretary and the Secretary of the Air 
Force on matter involving public access to, use of, and overall 
management of the BLM land within 90 days of the Act's 
enactment.
    Subsection (b) sets forth the membership of the Community 
Group as follows: one representative of Indian tribes in the 
vicinity of the BLM land; not more than one county commissioner 
from each of Box Elder, Tooele, and Juab Counties, Utah; two 
representatives of off-road and highway use, hunting, or other 
recreational users of the BLM land; two representatives of 
livestock permittees on public land within the BLM land; one 
representative of the Utah Department of Agriculture and Food; 
and not more than three representatives of State or Federal 
offices or agencies, or private groups or individuals. The 
Community Group members shall elect a Chairperson and a Vice-
Chairperson. Additionally, the Secretary of the Air Force is 
directed to appoint appropriate Air Force operational and land 
management personnel to serve as a liaison to the Community 
Group.
    Subsection (c) outlines the terms and conditions of 
appointment to the Community Group. Each member shall serve 
voluntarily and without compensation, and shall be appointed 
for a term of four years. The Secretary shall select one half 
of the original members of the Community Group to serve for a 
term of four years and the other half to serve for a term of 
two years in order to ensure that replacement of members are 
staggered from year to year. The Secretary may reappoint or 
replace a member of the Community Group if the term of the 
member has expired; the member has retired; or the position 
held by the member has changed to the extent that the member's 
ability to represent the group or entity has been significantly 
affected.
    Subsection (d) directs the Community Group to hold at least 
one meeting per year and sets forth the Community Group's 
responsibilities and notice requirements. This subsection 
further exempts the Community Group from the Federal Advisory 
Committee Act (5 U.S.C. App.).
    Subsection (e) requires the Secretary and the Secretary of 
the Air Force, consistent with existing laws and regulations, 
to consider recommendations from the Community Group.
    Subsection (f) terminates the Community Group ten years 
after the date of enactment of the Act.

Sec. 106. Savings clauses

    Section 106(a) clarifies that nothing in the Act expands 
the boundaries of the weapon impact area of the UTTR.
    Subsection (b) states that nothing in the title precludes 
the designation of new units of special use airspace or the 
expansion of existing units.
    Subsection (c) states that nothing in this title limits or 
alters the Military Operating Areas of Airspace Use Agreement 
between the Federal Aviation Administration and the Air Force 
in effect on the date of enactment.
    Subsection (d) states that nothing in the title limits or 
alters any existing right or right of access to the Knolls 
Special Recreation Management Area; or the BLM Community Pits 
Central Grayback and South Grayback; and any other county or 
community pit location within close proximity to the BLM land.
    Subsection 106(e) states that nothing in this title 
authorizes any additional authority or right to the Secretary 
or the Secretary of the Air Force to temporarily close 
Interstate 80.
    Subsection (f) states that nothing in this title affects 
the limitation established under section 2815(d) of the 
National Defense Authorization Act for Fiscal Year 2000 (Public 
Law 106-55).
    Subsection (g) states that nothing in this title affects 
the memorandum of understanding entered into by the Air Force, 
BLM, the Utah Department of Natural Resources, and the Utah 
Division of Wildlife Resources relating to the reestablishment 
of bighorn sheep in the Newfoundland Mountains.
    Subsection (h) states that nothing in this title alters any 
right reserved by treaty or Federal law for a Federally 
recognized Indian tribe for tribal use.
    Subsection (i) states that nothing in this title 
diminishes, enhances, or otherwise affects any other right or 
entitlement of the counties in which the BLM land is situated 
to payments in lieu of taxes based on the BLM land, under 31 
U.S.C. 6901.
    Subsection (j) directs the Secretary and the Utah Division 
of Wildlife Resources to continue the management of wildlife 
improvements, including guzzlers, in existence as of the date 
of enactment.

  TITLE II--BUREAU OF LAND MANAGEMENT LAND EXCHANGE WITH THE STATE OF 
                                  UTAH

Section 201. Definitions

    Section 201 contains the definitions for title II.

Section 202. Exchange of Federal land and non-Federal land

    Section 202(a) specifies the terms of a land exchange. If 
the State offers to convey to the United States title to the 
non-Federal land, the Secretary is directed to accept the offer 
and upon receipt of all right, title, and interest in and to 
the non-Federal land, convey to the State (or a designee) all 
right, title, and interest of the United States in and to the 
Federal land.
    Subsection (b) subjects the land exchange to section 206 of 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1712) and other applicable law. The Secretary is directed to 
carry out the land exchange notwithstanding Public Law 106-65. 
Prior to the conveyance of the Federal land under this title, 
the Secretary is not required to undertake any additional land 
use planning under section 202 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1712).
    Subsection (c) subjects the authorized exchange to valid 
existing rights.
    Subsection (d) requires title to the Federal land and non-
Federal land to be exchanged in a format acceptable to the 
Secretary and the State.
    Subsection (e) requires that the value of the Federal land 
and the non-Federal land to be exchanged be determined by 
appraisals conducted by one or more independent and qualified 
appraisers. The Secretary and the State may agree to use an 
independent and qualified appraiser retained by the State. The 
appraisals must be conducted in accordance with nationally 
recognized appraisal standards, and may take into account 
mineral and technical reports provided by the Secretary and the 
State. An appraisal shall be submitted to the Secretary and the 
State for approval, and is valid for three years after the 
approval date. The cost of the appraisal shall be paid equally 
by the Secretary and the State.
    Subsection 202(f) sets forth the intent of Congress for the 
authorized land exchange to be completed not later than one 
year after the date of final approval by the Secretary and the 
State of the conducted appraisals.
    Subsection (g) requires that at least thirty days before 
the date of conveyance of the Federal land and non-Federal 
land, all final appraisal and appraisal reviews for the Federal 
land and non-Federal land to be exchanged shall be available 
for public review at the office of the State Director of the 
BLM in the State. The Secretary or the State, as appropriate, 
shall publish notice that the appraisals are available for 
public inspection.
    Subsection (h) requires the Secretary to consult with any 
federally recognized Indian tribe in the vicinity of the 
Federal land and non-Federal land to be exchanged before the 
completion of the land exchange.
    Subsection (i) requires that the value of the Federal land 
and non-Federal land to be exchanged under this title shall be 
equal or shall be made equal in accordance with the outlined 
equalization process. Specifically, if the value of the Federal 
land exceeds the value of non-Federal land, the values shall be 
equalized as necessary by the State conveying to the Secretary 
certain parcels of State Trust land. If the value of non-
Federal land exceeds the value of Federal land, the values 
shall be equalized as necessary by the Secretary making a cash 
payment to the State or by removing non-Federal land from the 
exchange.
    Subsection (j) requires that if the Federal land or non-
Federal land to be exchanged under this title is subject to a 
lease, permit, or contract for the grazing of domestic 
livestock in effect on the date of acquisition, the Secretary 
and the State shall allow grazing to continue for the remainder 
of the term of the lease, permit, or contract. To the extent 
allowed by Federal or State law, on expiration of any grazing 
lease, permit, or contract, the holder shall be entitled to a 
preference right to renew the lease, permit, or contract. 
Nothing in this title prevents the Secretary or the State from 
cancelling or modifying a grazing permit, lease, or contract if 
the Federal land or non-Federal land subject to the permit, 
lease, or contract is sold, conveyed, transferred, or leased 
for non-grazing purposes by the Secretary or the State. If non-
Federal land conveyed by the State under this title is used by 
a grazing permittee or lessee to meet the base property 
requirements for a Federal grazing permit, the land shall 
continue to qualify as a base property for the remaining term 
of the lease or permit and the term of any renewal or 
extension.
    Subsection (k) withdraws from the Federal land to be 
conveyed to the State under this title from mineral location, 
entry, and patent under the mining laws, subject to valid 
existing rights, pending conveyance of the Federal land to the 
State.

Section 203. Status and management of non-Federal land acquired by the 
        United States

    Section 203(a) requires that, upon conveyance to the United 
States, the non-Federal land shall be managed by the Secretary 
in accordance with applicable law and land use plans.
    Subsection (b) requires that, upon conveyance to the United 
States, the non-Federal land located within the Cedar Mountain 
Wilderness shall be added to, and administered as a part of, 
the Cedar Mountain Wilderness.
    Subsection (c) requires that, upon conveyance to the United 
States, the non-Federal land located in a national wilderness 
area or national conservation area shall be managed in 
accordance with the applicable provisions of subtitle O of 
title I of the Omnibus Public Land Management Act of 2009 
(Public Law 111-11).

Section 204. Hazardous materials

    Section 204(a) requires that the costs of remedial actions 
relating to hazardous materials on land acquired under this 
title shall be paid by those entities responsible for the costs 
under applicable law, except as provided for in subsection (b).
    Subsection (b) requires that the Secretary of the Air Force 
bear all costs of evaluation, management, and remediation 
caused by the previous testing of military weapons systems and 
the training of military forces on non-Federal land to be 
conveyed to the United States under this title.

                   COST AND BUDGETARY CONSIDERATIONS

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

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 10, 2016.
Hon. Lisa Murkowski,
Chairman, Committee on Energy and Natural Resources,
U.S. Senate, Washington, DC.
    Dear Madam Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2383, the Utah Test 
and Training Range Encroachment Prevention and Temporary 
Closure Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 2383--Utah Test and Training Range Encroachment Prevention and 
        Temporary Closure Act

    S. 2383 would require the Bureau of Land Management (BLM) 
to exchange 98,000 acres of federal lands in Utah for at least 
84,000 acres of land and mineral estate administered by Utah's 
School and Institutional Trust Lands Administration (SITLA). 
The bill also would impose certain requirements on how BLM 
would manage 700,000 acres of federal lands near a military 
training range operated by the U.S. Air Force.
    Because S. 2383 could affect direct spending, pay-as-you-go 
procedures apply. However, CBO estimates that any net change in 
direct spending would not be significant over the 2017-2026 
period. Enacting the bill would not affect revenues.
    CBO estimates that enacting S. 2383 would not increase net 
direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    The bill would require BLM to convey 98,000 acres of 
federal land in western Utah to SITLA in exchange for at least 
84,000 acres of state lands. CBO expects that the value of the 
federal lands would equal or exceed the value of the state 
lands. If the value of the state lands is less than the value 
of the federal lands, the state would be required to convey 
additional lands in order to equalize values of the exchange. 
The federal lands that would be conveyed to SITLA are not 
located near mineral resources that are expected to generate 
receipts for the federal government under current law. 
Conveying those lands would reduce offsetting receipts from 
grazing on the affected lands and could reduce receipts from 
the development of geothermal resources; however, CBO estimates 
that the amount of lost receipts would not be significant and 
could be partially offset by proceeds from grazing on the state 
lands that BLM would acquire in the exchange.
    S. 2383 also would prohibit mineral development on 700,000 
acres of federal land located adjacent to the Utah Test and 
Training Range and could limit BLM's ability to grant new use 
permits or rights-of-way on those lands. Limiting those 
activities in the future could reduce offsetting receipts over 
the next 10 years; however, based on information from BLM, CBO 
estimates that any loss of receipts would be negligible.
    S. 2383 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would benefit 
the State of Utah and local governments through a land 
exchange. The land exchange could increase revenue from 
resource development on state trust lands that is used to fund 
public schools in Utah. Any costs incurred by the State of Utah 
or local governments associated with the land exchange or with 
agreements with federal agencies would result from voluntary 
commitments.
    S. 2383 would impose a private-sector mandate, as defined 
in UMRA, by eliminating an individual's existing right to seek 
compensation from the federal government for damages occurring 
in the course of any authorized nondefense-related activity 
conducted on BLM land. Under current law private entities may 
seek compensation from the United States in a federal court for 
damages committed by persons acting on behalf of the United 
States. The cost of the mandate would be the net forgone value 
of awards and settlements in such claims. Information from the 
Department of the Interior indicates that few, if any, of those 
types of claims related to activities on BLM land are brought 
against the United States. Because such claims would probably 
continue to be uncommon, CBO estimates that the cost of the 
mandate would be small and thus would fall below the annual 
threshold established in UMRA for private-sector mandates ($154 
million in 2016, adjusted annually for inflation).
    On May 16, 2016, CBO transmitted a cost estimate for H.R. 
4579, the Utah Test and Training Range Encroachment Prevention 
and Temporary Closure Act, as ordered reported by the House 
Committee on Natural Resources on March 16, 2016. H.R. 4579 
contains provisions that are similar to S. 2383, and CBO's 
estimate of the costs for those provisions are the same.
    The CBO staff contacts for this estimate are Jeff LaFave 
(for federal costs), Jon Sperl (for intergovernmental 
mandates), and Paige Piper-Bach (for private-sector mandates). 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 2383. 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. 2383, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 2383, as ordered 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 Bureau of Land Management and 
the Air Force at the April 21, 2016, Subcommittee on Public 
Lands, Forests, and Mining hearing on S. 2383 follows:

    Statement of Mike Pool, Acting Deputy Director for Operations, 
         Department of the Interior, Bureau of Land Management

    Thank you for the opportunity to present testimony on S. 
2383, the Utah Test and Training Range Encroachment Prevention 
and Temporary Closure Act, which would allow the U.S. Air Force 
(USAF) to periodically use and close to public access 
approximately 703,621 acres of public lands (``shared use 
area'') surrounding the Utah Test and Training Range (UTTR) in 
Box Elder, Juab, and Tooele Counties, Utah. The Administration 
supports the appropriate and responsible use of public lands 
for military purposes, and appreciates the efforts of Senator 
Hatch and the Subcommittee to begin addressing the concerns we 
raised in testimony on the House version of this bill. We look 
forward to continuing that discussion, but our testimony today 
is based on the currently introduced version of the bill. While 
we believe that the bill's concept of short, periodic closures 
would serve the public interest better than the alternative of 
complete withdrawal, reservation, and closure of the lands at 
issue, the Administration opposes several provisions in the 
bill that would prevent the effective management of these 
lands. We would like the opportunity to work with the 
Subcommittee and Senator Hatch to address these significant 
concerns.
    S. 2383 would also direct the exchange of approximately 
70,650 acres of State-owned school trust land and approximately 
13,886 acres of State-owned school trust mineral estate in Box 
Elder, Juab, and Tooele Counties, Utah, for approximately 
98,253 acres of public lands in Beaver, Box Elder, Millard, 
Juab, and Tooele Counties, Utah. The Administration supports 
the completion of major land exchanges that further the public 
interest, consolidate ownership of scattered tracts of land to 
make them more manageable, and enhance resource protection. The 
Administration also supports the concept of this particular 
exchange, which would make management of the proposed shared 
use area more efficient during periodic closures. We have 
several concerns with the land exchange provisions in this 
bill, however. For example, some of the public lands proposed 
for exchange with the State contain a number of important 
resources and uses, including general habitat for the Greater 
Sage-Grouse, a historic mining district with several sites 
eligible for inclusion on the National Register of Historic 
Places, and lands withdrawn for public water reserves. We would 
like to work with the Subcommittee and the sponsor to resolve 
these concerns.
    Finally, S. 2383 would recognize the existence and validity 
of certain unsubstantiated claims of road rights-of-way in Box 
Elder, Juab, and Tooele Counties, Utah, and require the 
conveyance of easements across Federal lands for the current 
disturbed widths of these purported roads plus any additional 
acreage the respective counties determine is necessary. The 
resolution of these disputed claims is not necessary for the 
management of the periodic closures around the UTTR.
    For this and many other reasons, the Administration 
strongly opposes the resolution of these right-of-way claims in 
the manner laid out in this bill.


                               background


Public land withdrawals
    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 facilities, 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 readiness of our 
country's Armed Forces. Nationwide, approximately 16 million 
acres of public lands are currently withdrawn for military 
purposes.
Utah Test & Training Range
    The UTTR is a military testing and training area located in 
Utah's West Desert, approximately 80 miles west of Salt Lake 
City, Utah. The lands in this area are principally salt desert 
shrub lands located within the valley bottoms of the Great 
Basin. Prominent features surrounding the UTTR include the 
Bonneville Salt Flats, the Great Salt Lake, and the Pony 
Express and Emigrant Trails. The Fish Springs National Wildlife 
Refuge, located south of the UTTR and adjacent to Dugway 
Proving Ground, is an example of the springs and wetlands that 
sporadically occur in this desert landscape.
    Most of the lands that comprise the UTTR--1,690,695 acres--
are public lands withdrawn between 1940 and 1959 for use by the 
Armed Forces. According to the USAF, the range contains the 
largest block of overland contiguous special use airspace 
(approximately 12,574 square nautical miles measured from 
surface or near surface) within the continental United States. 
It is divided into North and South ranges, with Interstate 80 
dividing the two sections. The UTTR's large airspace, 
exceptionally long supersonic corridors, extensive shoot box, 
large safety footprint area, varying terrain, and remote 
location make it an important asset for both training and test 
mission capabilities.
Utah School and Institutional Trust Lands Administration
    The Utah School and Institutional Trust Lands 
Administration (SITLA) manages approximately 3.4 million acres 
of land and 4.5 million acres of mineral estate within the 
State of Utah. Many of these parcels are interspersed with 
public lands managed by the BLM, including in the areas under 
consideration in this bill. Although State trust lands support 
select public institutions, trust lands are not public lands. 
State trust lands generate revenue to support designated State 
institutions, including public schools, hospitals, teaching 
colleges, and universities.
Public land exchanges
    Under FLPMA, the BLM's mission is to sustain the health, 
diversity, and productivity of the public lands for the use and 
enjoyment of present and future generations. FLPMA provides the 
BLM with a clear multiple-use and sustained yield mandate that 
the agency implements through its land use planning process.
    Among other purposes, land exchanges allow the BLM to 
acquire environmentally-sensitive lands while transferring 
public lands into non-Federal ownership for local needs and the 
consolidation of scattered tracts. The BLM conducts land 
exchanges pursuant to Section 206 of FLPMA, which provides the 
agency with the authority to undertake such exchanges, or when 
given specific direction by Congress. To be eligible for 
exchange under Section 206 of FLPMA, BLM-managed lands must 
have been identified as potentially available for disposal 
through the land use planning process. Extensive public 
involvement is critically important for such exchanges to be 
successful. The Administration notes that the process of 
identifying lands as potentially available for exchange does 
not include the clearance of impediments to disposal or 
exchange, such as the presence of threatened and endangered 
species, cultural or historic resources, mining claims, oil and 
gas leases, rights-of-way, and grazing permits. Under FLPMA, 
this clearance must occur before the exchange can be completed.
    The BLM manages 22.8 million acres of public lands within 
the State of Utah for a wide range of uses, including energy 
production, recreation, livestock grazing, and conservation. In 
the recent past, the BLM has completed three large-scale 
exchanges with the State of Utah at the direction of Congress 
through the Utah Recreational Land Exchange Act of 2009 (P.L. 
111-53), the Utah West Desert Land Exchange Act of 2000 (P.L. 
106-301), and the Utah Schools and Land Exchange Act of 1998 
(P.L. 105-335). Through these exchanges, over 296,000 acres of 
Federal land were conveyed to the State of Utah, and the United 
States acquired over 596,000 acres from the State.
Revised Statute 2477
    Revised Statute (R.S.) 2477 was enacted as part of the 
Mining Law of 1866 to promote the settlement and development of 
the West. R.S. 2477 was the primary authority under which many 
existing State and county highways were constructed and 
operated over Federal lands and did not require notification to 
the United States because the roads were automatically conveyed 
as a matter of law once certain conditions were met. In 1976, 
Congress repealed R.S. 2477 through the passage of FLPMA as 
part of a national policy shift to retain public lands in 
Federal ownership unless disposal ``will serve the national 
interest.'' The repeal of R.S. 2477 did not affect valid rights 
in existence when Congress passed FLPMA.
    Between 2005 and 2012, the State of Utah and 22 counties in 
Utah filed 31 lawsuits under the Quiet Title Act, alleging 
title to over 12,000 claimed R.S. 2477 rights-of-way. All of 
the cases are in Federal district court in Utah, and all but 
two are currently pending. Included in the pending lawsuits are 
two filed by Juab County, involving 671 claimed R.S. 2477 
rights-of-way, one filed by Box Elder County involving 191 
claimed rights-of-way, and one filed by Tooele County involving 
692 claimed rights-of-way.


   s. 2383, utah test and training range encroachment prevention and 
                         temporary closure act


Utah Test & Training Range (Title I)
    Title I of S. 2383 would authorize the USAF to periodically 
use and close to public access approximately 703,621 acres of 
public lands (``shared use area'') surrounding the UTTR in Box 
Elder, Juab, and Tooele Counties, Utah. (Note, the text of the 
bill mentions 625,643 acres of BLM-managed land, but the BLM 
calculates that the legislative map's ``Proposed Exchange 
Expansion Areas'' actually total 703,621 acres.) Specifically, 
the bill directs the Secretary of the Interior and the 
Secretary of the Air Force to enter into a Memorandum of 
Agreement (MOA) that provides for continued management of the 
shared use area by the BLM and for limited use by the USAF.
    Under the legislation, a draft MOA would be required within 
90 days of enactment of the bill, followed by a 30-day public 
comment period. Also under the bill, the MOA would have to be 
finalized within 180 days of enactment. The lands in the shared 
use area would remain eligible for county payments under the 
DOI Payments in Lieu of Taxes (PILT) program, but would be 
subject to use by the USAF. These federal payments to local 
governments that help offset losses in property taxes due to 
non-taxable Federal lands within their boundaries are not 
generally made for military installations. With respect to 
civilian land uses, the BLM Resource Management Plans in 
existence on the date of enactment would continue to apply to 
the shared use area, and the BLM would be required to take over 
administration of existing grazing leases and permits on lands 
currently owned by the State of Utah that would become Federal 
land under the land exchange provisions of the bill.
    The bill would allow any BLM-issued grazing leases or 
permits in effect on the date of enactment and covering the 
shared use area to continue at current stocking levels, subject 
to reasonable increases or decreases and reasonable 
regulations, policies, and practices. In addition, the 
legislation would withdraw the shared use area from all forms 
of appropriation under the public land, mining, mineral 
leasing, and geothermal leasing laws. Valid existing rights 
would be preserved. S. 2383 would also allow the Secretary of 
the Air Force to prevent the Secretary of the Interior from 
issuing any new use permits or rights-of-way in the shared use 
area if the Secretary of the Air Force were to find such uses 
to be incompatible with current or projected military 
requirements. The USAF would be responsible to take action if 
any USAF activity causes a safety hazard on the public lands.
    Under Title I, the Secretary of the Air Force could close 
the shared use area to the public for up to 100 hours annually, 
subject to various time and seasonal limitations, public 
notification requirements, and consultation with a community 
resource group to be established within 60 days of enactment of 
the bill. The community resource group, which would be exempt 
from the provisions of the Federal Advisory Committee Act 
(FACA), would include representatives of the USAF, Indian 
Tribes in the vicinity of the lands at issue, local county 
commissioners, recreational groups, livestock grazers, and the 
Utah Department of Agriculture and Food. The bill would also 
release the United States from liability for any injury or 
damage suffered in the course of any authorized nondefense-
related activity on the specified public lands.
Analysis
    The Administration believes that the bill's concept of 
short, periodic closures would serve the public interest better 
than the alternative of complete withdrawal, reservation, and 
closure of the shared use area, but we oppose several 
provisions in the bill because they would prevent the effective 
management of these lands. These provisions include the grant 
of USAF authority to prevent the issuance of new use permits 
and rights-of-way in the shared use area; limitations on 
resource management planning; treatment of current land uses; 
timeframes for completing actions required under the bill; 
permanent withdrawal of the shared use area from appropriation 
under various laws; and more technical matters.
    The Administration opposes the provision that would allow 
the USAF to preclude the approval of any new use authorizations 
or rights-of-way in the shared use area because we believe that 
current processes sufficiently protect USAF interests. This is 
particularly true with respect to future rights-of-way that may 
be needed for electricity transmission projects through this 
area. In the past, consultation and cooperation between the BLM 
and the USAF have resulted in conditions and stipulations on 
new uses. For example, as part of the approval process for the 
Kiewit Mine Project in Tooele County, the BLM placed height 
restrictions on tailings piles and required intermittent 
shutdowns of mining and blasting to accommodate USAF testing 
events approximately eight times per year. The Administration 
believes that the USAF and DOI could continue to resolve any 
resource use conflicts through consultation and 
interdepartmental cooperation.
    The Administration also opposes any limits on the BLM's 
ability to amend or revise its Resource Management Plans (RMPs) 
with respect to lands in the shared use area. Since BLM RMPs 
form the basis for every action and approved use on the public 
lands, they are periodically revised as changing conditions and 
resource demands require. Any limits on the planning process 
would undermine the collaborative process by which local, 
state, and tribal governments, the public, user groups, and 
industry work with the BLM to identify appropriate multiple 
uses of the public lands. Furthermore, the shared use area 
contains major recreational sites that are enjoyed by the 
public and have been developed at significant expense. At a 
minimum, access to these sites would be discontinued when the 
shared use area is closed. In addition, the Administration 
notes that many of the timeframes outlined in the bill are not 
feasible, especially given the detailed coordination that would 
be necessary to draft and finalize the MOA.
    The withdrawal under the bill would prohibit many uses that 
may not be incompatible with military requirements. Currently, 
the BLM has discretion on whether and under what conditions to 
authorize these activities. The BLM and USAF currently work 
together to ensure compatibility between these types of 
resource use activities and national defense requirements. The 
Administration believes that this cooperative arrangement 
should continue.
    Finally, the Administration believes that there should be 
an opportunity for periodic review of the withdrawal and shared 
use arrangement established under the bill, and provisions 
related to termination of the withdrawal and the shared use 
arrangement if they were to become unnecessary. Furthermore, 
while the USAF would be responsible for implementing the 
closures, it is unclear how the 703,621-acre shared use area 
could be reliably closed for only hours at a time. We look 
forward to working with the Subcommittee and the sponsor to 
address these concerns.
Land Exchange (Title II)
    Title II of the bill would require the exchange of 
approximately 70,650 acres of State-owned land and 13,886 acres 
of State-owned mineral estate in Box Elder, Juab, and Tooele 
Counties, Utah, for 98,253 acres of public lands in Beaver, Box 
Elder, Millard, Juab, and Tooele Counties, Utah. The purpose of 
many of these exchanges would be to consolidate ownership of 
scattered State parcels within the shared use area discussed 
above, to transfer a number of public lands to the State for 
economic development, and--in the event that the public lands 
are of greater value than the State parcels--to equalize the 
exchange by acquiring additional environmentally sensitive 
State lands.
    The land exchanges would be completed subject to valid 
existing rights, and appraisals would be conducted. The 
Secretary of the Interior would be required to reimburse the 
State of Utah for 50 percent of the appraisal costs. If the 
value of the public lands proposed for exchange exceeds the 
value of the State lands, the State must convey additional 
parcels of trust land in Washington County, Utah. One parcel of 
this State land, located near the Arizona-Utah border, contains 
critical habitat for the Federally-endangered Holmgren milk-
vetch and is within the West-15 Preserve established by the 
U.S. Fish and Wildlife Service in 2006 for preservation of the 
plant species.
    The remainder of the potential State parcels are located 
within the wilderness areas or National Conservation Areas in 
Washington County, Utah, established by the Omnibus Public Land 
Management Act of 2009 (P.L. 111-11). These additional parcels 
must be conveyed in a specific order until their appraised 
value matches that of the public lands proposed for exchange. 
If the value of the State lands proposed for exchange exceeds 
the value of the public lands, however, the Secretary of the 
Interior must make a cash equalization payment to the State, in 
accordance with the land exchange provisions of FLPMA.
Analysis
    The Administration supports the completion of major land 
exchanges that consolidate ownership of scattered tracts of 
land, thereby easing BLM and State land management tasks and 
enhancing resource protection. We have several concerns with 
the land exchange provisions in this bill, however, and we 
would like the opportunity to work with the Subcommittee and 
the sponsor on amendments and other technical modifications to 
address these issues.
    First, the public lands proposed for exchange with the 
State contain a number of important resources and uses, which 
include general habitat for the Greater Sage-Grouse, a historic 
mining district with several sites eligible for the National 
Register of Historic Places, wildlife guzzlers, portions of 
active BLM grazing allotments, off-highway vehicle recreational 
trails and access points, various utility and railroad rights-
of-way, withdrawals for public water reserves, and lands 
withdrawn for a Solar Energy Zone. The Administration would 
like the opportunity to work with the Subcommittee and the 
sponsor on language and boundary modifications to ensure the 
protection of these resources and uses.
    Furthermore, the Administration notes that the public lands 
proposed for exchange have not yet been analyzed under the 
National Environmental Policy Act (NEPA), the Endangered 
Species Act (ESA), the National Historic Preservation Act 
(NHPA), or the FLPMA public interest determination. The 
Administration strongly supports these important review 
requirements because they provide for public engagement, 
opportunities to consider environmental and cultural impacts, 
and mitigation opportunities, and they help to ensure that 
unknown or unforeseen issues are not overlooked. As a result, 
the Administration would like the opportunity to work with the 
Subcommittee and the sponsor on language clarifying that these 
exchanges are subject to all parts of the FLPMA Section 206 
land exchange process and other important environmental laws.
    In addition, the public lands proposed for exchange exceed 
the State lands by more than 12,000 acres, and more than 14,000 
of the State's acreage is mineral estate that will likely be 
nominal in value. This leads to an apparent value difference 
from the onset of the exchange. The addition of State land to 
equalize values would require the completion of additional 
appraisals near the end of the exchange, making it nearly 
impossible to meet the 1-year time frame directed under the 
bill. This would cause the prior appraisals to become outdated.
    On the other hand, the Administration notes that if the 
public lands are of lower value than the State lands, any cash 
equalization payment made by the Secretary of the Interior to 
the State would be capped at 25 percent of the total value of 
the lands transferred out of Federal ownership, as required by 
the bill's reference to Section 206(b) of FLPMA. Even with this 
limitation, however, such a payment could significantly affect 
the BLM's other resource priorities. It is typical in 
administrative exchanges between governmental entities that all 
costs of the exchange, including but not limited to surveys and 
clearances, are split equally between the two parties. We trust 
that is the intention of S. 2383, but it is not specified and 
we recommend that this be made clear.
    The Administration would like the opportunity to work with 
the Subcommittee and the sponsor on language ensuring adequate 
time for conducting appraisals, boundary modifications to 
reduce the need for a potential cash equalization payment, and 
amendments to provide consistency with FLPMA and other laws and 
to address other minor and technical concerns. Furthermore, the 
bill and its provisions are open-ended with no sunset date. To 
avoid unexchanged lands being held indefinitely without any 
certainty as to their status, we believe a 10-year sunset 
provision would be reasonable.
    Additionally, the Administration opposes an appraisal 
taking into account the encumbrance created by mining claims 
for purposes of determining the value of the parcel of Federal 
land. It is BLM policy that in instances in which Federal land 
would be conveyed subject to mining claims, the appraisal would 
disregard the presence of the claims. Finally, the 
Administration is committed to continuing its adherence to the 
Uniform Appraisal Standards for Federal Land Acquisition and 
Uniform Standards of Professional Appraisal Practice and 
recommends the appraisal process be managed within DOI by the 
Office of Valuation Services.
Highway rights-of-way (Title III)
    Title III of S. 2383 would recognize the existence and 
validity of certain claims of road rights-of-way in Box Elder, 
Juab, and Tooele Counties, Utah. It would also require 
conveyance to the respective county and the State of Utah as 
joint tenants with undivided interests of easements across 
Federal lands for the current disturbed widths of the purported 
roads plus any additional acreage the respective county 
determines is necessary for maintenance, repair, signage, 
administration, and use.
Analysis
    The Administration strongly opposes Title III for the 
following reasons. First, it is difficult for the BLM to 
evaluate the potential impacts of Title III's validation of 
claimed roads on the public lands based only on the official 
transportation maps for Box Elder, Tooele, and Juab counties 
referenced in the bill, which we have not yet received for 
review. It is unclear whether purported roads included on these 
maps coincide with the State and county claims included in the 
pending Quiet Title Act lawsuits, but other maps provided to 
the BLM show that they do. It is also unclear whether the 
official maps include additional purported roads that would be 
recognized under this bill. In order to fully evaluate the 
impacts of S. 2383 on the public lands, copies of these maps 
should be made available for analysis.
    Second, regardless of whether the purported roads included 
on the official maps referenced in S. 2383 fully coincide with 
the State's and counties' pending R.S. 2477 claims, the 
Administration does not believe that R.S. 2477 rights-of-way 
asserted by State and county governments should be 
automatically recognized as valid and existing rights-of-way. 
In establishing the validity of an R.S. 2477 claim through the 
judicial process, the burden of proof is on the claimant to 
demonstrate that they have satisfied the applicable legal 
standard.
    In contrast, S. 2383 would recognize all county assertions 
as valid and establish perpetual rights over public lands 
without applying that legal test. We are also troubled that the 
bill would give the counties complete discretion to decide 
whether additional Federal land outside of the current 
disturbed width is necessary for maintenance or other purposes. 
S. 2383 would not limit the widths or acreages that could be 
claimed as easements, and it is ambiguous as to whether the 
Secretary of the Interior would retain the authority to impose 
reasonable stipulations and conditions on these easements.
    Such reasonable stipulations and conditions, which the BLM 
can impose under its current right-of-way authority under Title 
V of FLPMA, may be appropriate, for example, to ensure the 
continued management and protection of sensitive and critical 
resources within the area of these claimed highways. Courts 
have determined that BLM can similarly reasonably regulate R.S. 
2477 rights-of-way. Therefore, while we support the 
identification of reasonable alternatives to Federal court 
adjudication of claimed R.S. 2477 rights-of-way, the 
Administration strongly opposes this bill's approach to these 
claims.
    Third, Title III would likely validate many claimed rights-
of-way that cross areas of environmental significance. For 
example, the BLM is aware of approximately 35 claimed rights-
of-way located in the Deep Creeks, North Stansbury, Fish 
Springs, and Rockwell Wilderness Study Areas (WSAs), and eight 
claimed rights-of-way located in the Cedar Mountain Wilderness 
Area, which was designated in 2006 (P.L. 109-163). Furthermore, 
recognizing the validity of claimed rights-of-way that have not 
yet been litigated would limit the BLM's ability to manage 
travel and transportation in an approximately 814,000-acre area 
designated as priority sage-grouse habitat.


                               conclusion


    Thank you for the opportunity to provide testimony on S. 
2383, the Utah Test and Training Range Encroachment Prevention 
and Temporary Closure Act. The Administration 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.
                              ----------                              


  Statement of Maj Gen Martin Whelan, Director of Future Operations, 
Deputy Chief of Staff for Operations, Headquarters, U.S. Air Force and 
Ms. Jennifer L. Miller, Deputy Assistant Secretary of the Air Force for 
                             Installations

    The Air Force's operational capabilities are advancing at a 
rate that challenges the geographic boundaries of our ranges; 
these constraints compromise effective test and evaluation and 
our ability to conduct realistic and relevant live training. 
One important aspect driving the need for larger geographic 
containment is the increasing size of weapon safety footprints. 
Paradoxically, as precision guided munitions become more 
accurate and reliable, the safety footprints become larger in 
part due to design but also due to greater employment 
distances. For safety reasons, the Air Force must control, for 
the duration of a mission, access by non-mission related 
personnel and the public to areas where there is even a very 
remote chance that debris or components could land if the 
weapon employment went catastrophically wrong. The Air Force's 
enviable test safety record is testimony to this extraordinary 
level of caution.
    In the last 20 months, the Air Force expended over 27,000 
munitions in support of OPERATION INHERENT RESOLVE, which is 
more than we expended during all of OPERATION IRAQI FREEDOM. 
The Air Force's involvement in such combat operations is not 
expected to decrease in the future. A well-trained force and 
continued testing and training of our improved combat 
capabilities are critical to our continued success supporting 
these operations. Technological advances incorporated in both 
our legacy and newest combat aircraft, and the weapons 
associated with those systems, represent an unprecedented leap 
in combat capability. These advances enable crews to identify 
and engage multiple targets from greater distances with 
improved accuracy. The technology that enables the greater 
employment distances and the ever increasing precision in 
weapons require larger segments of range and airspace to 
maintain the historically excellent record of weapons test and 
training safety. Safely containing large footprint weapons 
testing, like that historically accomplished at the Utah Test 
and Training Range (UTTR), is especially challenging. Some 
standoff weapon footprints will soon exceed the capability of 
our existing range enterprise configuration to provide the 
superior live-weapons testing, tactics, and techniques and the 
procedures validation environment that has long been a U.S. 
strategic advantage in capability and readiness. We are working 
diligently and creatively to overcome these limitations. In 
some cases, we have relied on modeling and simulation to 
accomplish specific events. In other cases, we simply accept 
certain levels of artificiality that degrade training quality 
for live events at the local and regional level. Given this 
gradual drift from realistic local training, it is imperative 
that we maintain certain irreplaceable live environments, like 
the UTTR, to accomplish those unique and uncompromising test 
and training events that require a highly relevant and 
realistic environment.
    In the past and under select circumstances, the Department 
of Defense (DOD) components have assumed administrative 
jurisdiction over buffer lands, with full responsibility for 
land management. Generally, however, it is not efficient for 
the components to expend resources on full-time land management 
when all that is required is restricted access for short 
periods. Most military missions affecting extended buffer areas 
will only last a matter of hours; DOD component jurisdiction 
would result in significant additional restrictions on other 
government agencies and on compatible public uses such as 
recreation, hunting, and grazing.
    As I previously stated, the Utah Test and Training Range 
provides a singular capability to test our advanced systems and 
to improve warfighting capabilities. Additional with the first 
operational basing of the F-35 Lighting at Hill AFB, the 
current safety buffers will be insufficient to meet future test 
and training requirements. If enacted, S. 2383 would provide 
the Air Force the capability to employ larger safety buffers at 
the UTTR through the temporary closure and use of current 
Bureau of Land Management (BLM) land and any State land 
transferred to BLM. This capability would only be exercised 
when needed, thus resulting in fewer impacts on other Federal, 
State, and local agencies and the public. The Air Force and the 
Department of the Interior (DOI) would enter into a Memorandum 
of Agreement (MOA) to address the management of the affected 
lands, and no land would be transferred to the Air Force. 
Exercise of the new measures provided in the legislation would 
be limited to a maximum of 100 hours per year in increments of 
no more than three hours.
    This bill is similar to legislation allowing the overlap of 
weapon safety footprints on the Cabeza Prieta wilderness in 
Arizona. The use of the Cabeza Prieta is an example commonly 
cited by the Air Force on how to successfully enable the 
military mission while minimizing the impact on other agencies 
and the public. We believe that the bill's concept of short, 
periodic closures would serve the public interest better than 
the alternative of a complete withdrawal, reservation, and 
closure of the lands at issue. The Air Force believes that this 
bill as it pertains to Air Force mission matters would achieve 
the needed capabilities; however, the Air Force acknowledges 
the Administration continues to have concerns about several 
provisions in S. 2383 (as introduced) that may create 
challenges for the effective management of these lands. We 
welcome the opportunity to continue to working with the sponsor 
and the Department of the Interior to address these concerns.

                        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 the bill as ordered 
reported.

                                  [all]