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[From the U.S. Government Publishing Office]
115th Congress } { Rept. 115-542
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
TO PROVIDE FOR THE INDEFINITE DURATION OF CERTAIN MILITARY LAND
WITHDRAWALS, TO IMPROVE THE MANAGEMENT OF LANDS CURRENTLY SUBJECT TO
SUCH WITHDRAWALS AND TO MAKE THE MANAGEMENT OF SUCH LANDS MORE
TRANSPARENT, AND FOR OTHER PURPOSES
_______
February 2, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 4299]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4299) to provide for the indefinite duration of
certain military land withdrawals, to improve the management of
lands currently subject to such withdrawals and to make the
management of such lands more transparent, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. INDEFINITE DURATION OF CERTAIN MILITARY LAND WITHDRAWALS AND
RESERVATIONS AND IMPROVED MANAGEMENT OF WITHDRAWN
AND RESERVED LANDS.
(a) Improving Management of Current Statutory Land Withdrawals and
Reservations and Making Management More Transparent.--
(1) Role of secretary of the interior.--Section 101(a)(2) of
the Sikes Act (16 U.S.C. 670a(a)(2)) is amended by striking ``,
acting through the Director of the United States Fish and
Wildlife Service,''.
(2) Additional elements of integrated natural resources
management plan.--Section 101(b) of the Sikes Act (16 U.S.C.
670a(b)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (I), by striking ``and''
after the semicolon;
(ii) by redesignating subparagraph (J) as
subparagraph (K); and
(iii) by inserting after subparagraph (I) the
following new subparagraph:
``(J) procedures to ensure that each periodic review
of the plan is conducted jointly by the Secretary of
the military department and the Secretary of the
Interior, and that affected States and Indian tribes,
and the public, are provided a meaningful opportunity
to comment upon any substantial revisions to the plan
that may be proposed; and'';
(B) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) shall contain a determination by the Secretary of the
military department regarding whether there will be a
continuing military need for the lands covered by the
integrated natural resources management plan during the period
of the plan;''.
(b) El Centro Naval Air Facility Ranges.--
(1) Elimination of termination date and conforming
amendments.--The El Centro Naval Air Facility Ranges Withdrawal
Act (subtitle B of title XXIX of Public Law 104-201; 110 Stat.
2813) is amended--
(A) in section 2921(b)(3), by striking ``, before the
termination date specified in section 2925,'';
(B) in section 2924(a), by striking the third
sentence;
(C) by striking sections 2925 and 2927; and
(D) in section 2928(a), by striking ``specified in
section 2925''.
(2) Establishment of intergovernmental executive committee.--
The El Centro Naval Air Facility Ranges Withdrawal Act
(subtitle B of title XXIX of Public Law 104-201; 110 Stat.
2813) is further amended by inserting after section 2924 the
following new section:
``SEC. 2925. INTERGOVERNMENTAL EXECUTIVE COMMITTEE.
``(a) Establishment and Purpose.--The Secretary of the Navy and the
Secretary of the Interior shall establish, by memorandum of
understanding, an intergovernmental executive committee for the sole
purpose of exchanging views, information, and advice relating to the
management of the natural and cultural resources of the lands withdrawn
and reserved under this subtitle.
``(b) Composition.--
``(1) Representatives of other federal agencies.--The
Secretary of the Navy and the Secretary of the Interior shall
include representatives from interested Federal agencies as
members of the intergovernmental executive committee.
``(2) Representatives of state and local governments.--The
Secretary of the Navy and the Secretary of the Interior shall
invite to serve as members of the intergovernmental executive
committee--
``(A) at least one elected officer (or other
authorized representative) from the government of the
State of California; and
``(B) at least one elected officer (or other
authorized representative) from each local government
and Indian tribal government in the vicinity of the
withdrawn and reserved lands, as determined by the
Secretaries.
``(c) Operation.--The intergovernmental executive committee shall
operate in accordance with the terms set forth in the memorandum of
understanding under subsection (a).
``(d) Procedures.--The memorandum of understanding under subsection
(a) shall establish procedures for creating a forum for exchanging
views, information, and advice relating to the management of natural
and cultural resources on the lands withdrawn and reserved under this
subtitle, procedures for rotating the chair of the intergovernmental
executive committee, and procedures for scheduling regular meetings,
which shall occur no less frequently than twice a year.
``(e) Coordinator.--The Secretary of the Navy, in consultation with
the Secretary of the Interior, shall appoint an individual to serve as
coordinator of the intergovernmental executive committee. The duties of
the coordinator shall be included in the memorandum of understanding
under subsection (a). The coordinator shall not be a member of the
committee.
``(f) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) does not apply to the intergovernmental executive
committee.''.
(3) Determination of continuing military need for withdrawal
and reservation and public reports.--The El Centro Naval Air
Facility Ranges Withdrawal Act (subtitle B of title XXIX of
Public Law 104-201; 110 Stat. 2813) is further amended by
inserting after section 2926 the following new section:
``SEC. 2927. DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL
AND RESERVATION AND PUBLIC REPORTS.
``(a) Determination of Continuing Military Need.--Whenever an
integrated natural resources management plan covering the lands
withdrawn and reserved under this subtitle is reviewed as to operation
and effect as required by section 101(b)(3) of the Sikes Act (16 U.S.C.
670a(b)(2)), but not less often than every five years, the Secretary of
the Navy shall include the Secretary's determination regarding whether
there will be a continuing military need for any or all of the
withdrawn and reserved lands for the following five years.
``(b) Public Reports.--
``(1) Changes in land conditions.--(A) Concurrent with each
review of an integrated natural resources management plan
described in subsection (a), the Secretary of the Navy and the
Secretary of the Interior shall jointly prepare and issue a
report describing any changes in the condition of the lands
withdrawn and reserved under this subtitle since the later of
the date of any previous report under this paragraph or the
date of the environmental analysis prepared to support the
actions that changed the condition of the lands.
``(B) A report under subparagraph (A) shall include a summary
of current military use of the lands withdrawn and reserved
under this subtitle, any changes in military use of the lands
since the previous report, and efforts related to the
management of natural and cultural resources and environmental
remediation of the lands during the previous five years.
``(2) Combination with other reports.--A report under this
subsection may be combined with, or incorporate by reference,
any contemporary report required by any other provision of law
regarding the lands withdrawn and reserved under this subtitle.
``(3) Public review and comment.--(A) Before the finalization
of a report under this subsection, the Secretary of the Navy
and the Secretary of the Interior shall invite interested
members of the public to review and comment on the report, and
shall hold at least one public meeting concerning the report in
a location or locations reasonably accessible to persons who
may be affected by management of the lands withdrawn and
reserved under this subtitle.
``(B) Each public meeting under subparagraph (A) shall be
announced not less than 15 days before the date of the meeting
by advertisements in local newspapers of general circulation,
notices on the internet, including the website of El Centro,
and any other means considered necessary or desirable by the
Secretaries.
``(4) Distribution of report.--The final version of a report
under this subsection shall be made available to the public and
submitted to the Committees on Armed Services and Energy and
Natural Resources of the Senate and the Committees on Armed
Services and Natural Resources of the House of
Representatives.''.
(c) Juniper Butte Range.--
(1) Elimination of termination date and conforming
amendments.--The Juniper Butte Range Withdrawal Act (title XXIX
of Public Law 105-261; 112 Stat. 2226) is amended--
(A) in section 2915--
(i) in the section heading, by striking
``duration'' and inserting ``relinquishment'';
(ii) in subsection (a), by striking
``Termination.--'' and all that follows through
``At the time of termination'' and inserting
``Effect of Relinquishment on Operation of
General Land Laws.--Upon relinquishment of
Department of the Air Force jurisdiction over
lands withdrawn and reserved by this title'';
(iii) in subsection (b)--
(I) in the subsection heading, by
inserting ``Process'' after
``Relinquishment'';
(II) in paragraph (1), by striking
``under subsection (c)''; and
(III) in paragraph (3), by striking
``before the date of termination, as
provided for in subsection (a)(1)'';
and
(iv) by striking subsection (c); and
(B) in section 2916--
(i) in the section heading, by striking ``or
upon termination of withdrawal'';
(ii) in subsection (a)(1), by striking ``and
in all cases not later than 2 years before the
date of termination of withdrawal and
reservation,'';
(iii) in subsection (b), by striking
``environmental remediation'' and all that
follows through the end of the subsection and
inserting ``environmental remediation before
relinquishing, to the Secretary of the
Interior, jurisdiction over any lands
identified in a notice of intent to relinquish
under section 2915(b).''; and
(iv) in subsection (d)--
(I) in the subsection heading, by
striking ``Terminates'' and inserting
``Relinquished'';
(II) by striking ``termination date''
both places it appears and inserting
``relinquishment date''; and
(III) in paragraph (2), by striking
``termination'' and inserting
``relinquishment''.
(2) Establishment of intergovernmental executive committee.--
Section 2910 of the Juniper Butte Range Withdrawal Act (title
XXIX of Public Law 105-261; 112 Stat. 2231) is amended by
adding at the end the following new subsection:
``(d) Intergovernmental Executive Committee.--
``(1) Establishment and purpose.--The memorandum of
understanding under subsection (a) shall be modified as
provided in subsection (c) to establish an intergovernmental
executive committee for the sole purpose of exchanging views,
information, and advice relating to the management of the
natural and cultural resources of the lands withdrawn and
reserved by this title.
``(2) Composition.--(A) The Secretary of the Air Force and
the Secretary of the Interior shall include representatives
from interested Federal agencies as members of the
intergovernmental executive committee.
``(B) The Secretary of the Air Force and the Secretary of the
Interior shall invite to serve as members of the
intergovernmental executive committee--
``(i) at least one elected officer (or other
authorized representative) from the government of the
State of Idaho; and
``(ii) at least one elected officer (or other
authorized representative) from each local government
and Indian tribal government in the vicinity of the
withdrawn and reserved lands, as determined by the
Secretaries.
``(3) Operation.--The intergovernmental executive committee
shall operate in accordance with the terms set forth in the
memorandum of understanding.
``(4) Procedures.--The memorandum of understanding shall
establish procedures for creating a forum for exchanging views,
information, and advice relating to the management of natural
and cultural resources on the lands withdrawn and reserved by
this title, procedures for rotating the chair of the
intergovernmental executive committee, and procedures for
scheduling regular meetings, which shall occur no less
frequently than twice a year.
``(5) Coordinator.--The Secretary of the Air Force, in
consultation with the Secretary of the Interior, shall appoint
an individual to serve as coordinator of the intergovernmental
executive committee. The duties of the coordinator shall be
included in the memorandum of understanding. The coordinator
shall not be a member of the committee.
``(6) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) does not apply to the
intergovernmental executive committee.''.
(3) Determinations of continuing military need for withdrawal
and reservation and public reports.--Section 2909 of the
Juniper Butte Range Withdrawal Act (title XXIX of Public Law
105-261; 112 Stat. 2230) is amended--
(A) in subsection (c), by adding at the end the
following new sentence: ``The review shall include the
determination of the Secretary of the Air Force
regarding whether there will be a continuing military
need for any or all of the withdrawn and reserved lands
for the following 5 years.''; and
(B) by adding at the end the following new
subsection:
``(d) Public Reports.--
``(1) Changes in land conditions.--(A) Concurrent with each
review of an integrated natural resources management plan
developed under this section. The Secretary of the Air Force
and the Secretary of the Interior shall jointly prepare and
issue a report describing any changes in the condition of the
lands withdrawn and reserved by this title since the later of
the date of any previous report under this paragraph or the
date of the environmental analysis prepared to support the
actions that changed the condition of the lands.
``(B) A report under subparagraph (A) shall include a summary
of current military use of the lands withdrawn and reserved by
this title, any changes in military use of the lands since the
previous report, and efforts related to the management of
natural and cultural resources and environmental remediation of
the lands during the previous 5 years.
``(2) Combination with other reports.--A report under this
subsection may be combined with, or incorporate by reference,
any contemporary report required by any other provision of law
regarding the lands withdrawn and reserved by this title.
``(3) Public review and comment.--(A) Before the finalization
of a report under this subsection, the Secretary of the Air
Force and the Secretary of the Interior shall invite interested
members of the public to review and comment on the report, and
shall hold at least one public meeting concerning the report in
a location or locations reasonably accessible to persons who
may be affected by management of the lands withdrawn and
reserved by this title.
``(B) Each public meeting under subparagraph (A) shall be
announced not less than 15 days before the date of the meeting
by advertisements in local newspapers of general circulation,
notices on the internet, including the website of the Juniper
Butte Range (if one exists), and any other means considered
necessary or desirable by the Secretaries.
``(4) Distribution of report.--The final version of a report
under this subsection shall be made available to the public and
submitted to the Committees on Armed Services and Energy and
Natural Resources of the Senate and the Committees on Armed
Services and Natural Resources of the House of
Representatives.''.
(d) Ranges Covered by Subtitle A of Military Lands Withdrawal Act of
1999.--
(1) Elimination of termination date and conforming
amendments.--The Military Lands Withdrawal Act of 1999 (title
XXX of Public Law 106-65; 113 Stat. 885) is amended--
(A) by striking section 3015;
(B) by striking section 3016 and inserting the
following new section:
``SEC. 3016. RELINQUISHMENT.
``(a) Notice of Intent Regarding Relinquishment.--If the Secretary of
the military department concerned decides to relinquish all or any of
the lands withdrawn and reserved by section 3011, such Secretary shall
transmit a notice of intent to relinquish such lands to the Secretary
of the Interior.
``(b) Opening Date.--On the date of relinquishment of the withdrawal
and reservation of lands withdrawn and reserved by section 3011, such
lands shall not be open to any form of appropriation under the public
land laws, including the mineral laws and the mineral leasing and
geothermal leasing laws, until the Secretary of the Interior publishes
in the Federal Register an appropriate order stating the date upon
which such lands shall be restored to the public domain and opened.'';
and
(C) in section 3017--
(i) by striking ``section 3016(d)'' each
place it appears and inserting ``section
3016''; and
(ii) in subsection (e)--
(I) by striking ``If because'' and
all that follows through ``determines
that'' and inserting ``If the Secretary
of the Interior declines to accept
jurisdiction over lands withdrawn by
this subtitle which have been proposed
for relinquishment because the
Secretary determines that''; and
(II) in paragraph (2), by striking
``the expiration of the withdrawal of
such lands under this subtitle'' and
inserting ``such determination''.
(2) Establishment of intergovernmental executive
committees.--Section 3014 of the Military Lands Withdrawal Act
of 1999 (title XXX of Public Law 106-65; 113 Stat. 890) is
amended by adding at the end the following new subsection:
``(g) Intergovernmental Executive Committees.--
``(1) Establishment and purpose.--For the lands withdrawn and
reserved by section 3011, the Secretary of the military
department concerned and the Secretary of the Interior shall
establish, by memorandum of understanding, an intergovernmental
executive committee for each range for the sole purpose of
exchanging views, information, and advice relating to the
management of the natural and cultural resources of the
withdrawn and reserved lands.
``(2) Composition.--(A) The Secretary of the military
department concerned and the Secretary of the Interior shall
include representatives from interested Federal agencies as
members of the intergovernmental executive committee for a
range.
``(B) The Secretary of the military department concerned and
the Secretary of the Interior shall invite to serve as members
of the intergovernmental executive committee for a range--
``(i) at least one elected officer (or other
authorized representative) from the government of the
State in which the withdrawn and reserved lands are
located; and
``(ii) at least one elected officer (or other
authorized representative) from each local government
and Indian tribal government in the vicinity of the
withdrawn and reserved lands, as determined by the
Secretaries.
``(3) Operation.--The intergovernmental executive committee
for a range shall operate in accordance with the terms set
forth in the memorandum of understanding.
``(4) Procedures.--The memorandum of understanding for a
range shall establish procedures for creating a forum for
exchanging views, information, and advice relating to the
management of natural and cultural resources on the withdrawn
and reserved lands, procedures for rotating the chair of the
intergovernmental executive committee, and procedures for
scheduling regular meetings, which shall occur no less
frequently than twice a year.
``(5) Coordinator.--The Secretary of the military department
concerned, in consultation with the Secretary of the Interior,
shall appoint an individual to serve as coordinator of the
intergovernmental executive committee for a range. The duties
of the coordinator shall be included in the memorandum of
understanding. The coordinator shall not be a member of the
committee.
``(6) Federal advisory committee act.--The Federal Advisory
Committee Act (5 U.S.C. App.) does not apply to an
intergovernmental executive committee established under this
subsection.''.
(3) Determination of continuing military need for withdrawal
and reservation and public reports.--The Military Lands
Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113
Stat. 885) is further amended by inserting after section 3014
the following new section:
``SEC. 3015. DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL
AND RESERVATION AND PUBLIC REPORTS.
``(a) Determination of Continuing Military Need.--Whenever an
integrated natural resources management plan covering the lands
withdrawn and reserved under section 3011 is reviewed as to operation
and effect as required by section 101(b)(3) of the Sikes Act (16 U.S.C.
670a(b)(2)), but not less often than every five years, the Secretary of
the military department concerned shall include the Secretary's
determination regarding whether there will be a continuing military
need for any or all of the withdrawn and reserved lands for the
following five years.
``(b) Public Reports.--
``(1) Changes in land conditions.--(A) Concurrent with each
review of an integrated natural resources management plan
described in subsection (a), the Secretary of the military
department concerned and the Secretary of the Interior shall
jointly prepare and issue a report describing any changes in
the condition of the lands covered by the plan since the later
of the date of any previous report under this paragraph or the
date of the environmental analysis prepared to support the
actions that changed the condition of the lands.
``(B) A report under subparagraph (A) shall include a summary
of current military use of the lands covered by the plan, any
changes in military use of the lands since the previous report,
and efforts related to the management of natural and cultural
resources and environmental remediation of the lands during the
previous five years.
``(2) Combination with other reports.--A report under this
subsection may be combined with, or incorporate by reference,
any contemporary report required by any other provision of law
regarding the lands covered by the integrated natural resources
management plan.
``(3) Public review and comment.--(A) Before the finalization
of a report under this subsection, the Secretary of the
military department concerned and the Secretary of the Interior
shall invite interested members of the public to review and
comment on the report, and shall hold at least one public
meeting concerning the report in a location or locations
reasonably accessible to persons who may be affected by
management of the lands addressed by the report.
``(B) Each public meeting under subparagraph (A) shall be
announced not less than 15 days before the date of the meeting
by advertisements in local newspapers of general circulation,
notices on the internet, including the website of the affected
military range (if one exists), and any other means considered
necessary or desirable by the Secretaries.
``(4) Distribution of report.--The final version of a report
under this subsection shall be made available to the public and
submitted to the Committees on Armed Services and Energy and
Natural Resources of the Senate and the Committees on Armed
Services and Natural Resources of the House of
Representatives.''.
(e) Barry M. Goldwater Range.--
(1) Elimination of termination date and conforming
amendments.--Section 3031 of the Military Lands Withdrawal Act
of 1999 (title XXX of Public Law 106-65; 113 Stat. 897) is
amended--
(A) in subsection (c)--
(i) in paragraph (1), by striking ``,
including the duration of any renewal or
extension'';
(ii) in paragraph (2)--
(I) in the paragraph heading, by
striking ``or termination''; and
(II) in subparagraph (C), by striking
the last sentence; and
(iii) in paragraph (3)(A), by striking ``or
termination''; and
(B) in subsection (d), by striking ``Duration'' and
all that follows through ``of the termination'' and
inserting ``Effect of Relinquishment on Operation of
General Land Laws.--On the date of relinquishment'';
(C) by striking subsection (e); and
(D) in subsection (f)--
(i) in the subsection heading, by striking
``Termination and'';
(ii) in paragraph (1), by striking ``but not
later than three years before the termination
of the withdrawal and reservation,'';
(iii) in paragraph (3), by striking ``before
the termination date of the withdrawal and
reservation of such lands under this section'';
and
(iv) in paragraph (4)(A), by striking
``Notwithstanding the termination date,
unless'' and inserting ``Unless''.
(2) Determinations of continuing military need for withdrawal
and reservation.--Section 3031 of the Military Lands Withdrawal
Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 897) is
further amended by inserting after subsection (d) the following
new subsection:
``(e) Periodic Determination of Continuing Military Need.--Whenever
an integrated natural resources management plan covering the lands
withdrawn and reserved under this section is reviewed as to operation
and effect as required by section 101(b)(3) of the Sikes Act (16 U.S.C.
670a(b)(2)), but not less often than every five years, the Secretary of
the Navy and the Secretary of the Air Force shall include the
Secretary's determination regarding whether there will be a continuing
military need for any or all of the withdrawn and reserved lands for
the following five years.''.
(3) Use of definitions.--Section 3031(c)(5) of the Military
Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65;
113 Stat. 907) is amended by striking subparagraphs (A) and (B)
and inserting the following:
``(A) The term `military munitions' has the meaning
given that term in section 101(e)(4) of title 10,
United States Code.
``(B) The term `unexploded ordnance' has the meaning
given that term in section 101(e)(5) of such title.''.
(f) National Training Center.--
(1) Elimination of termination date and conforming
amendments.--The Fort Irwin Military Land Withdrawal Act of
2001 (title XXIX of Public Law 107-107; 115 Stat. 1335) is
amended--
(A) in section 2910, by striking the section heading
and all that follows through ``At the time of
termination'' and inserting the following:
``SEC. 2910. EFFECT OF RELINQUISHMENT ON OPERATION OF GENERAL LAND
LAWS.
``On the date of relinquishment'';
(B) by striking section 2911; and
(C) in section 2912--
(i) in the section heading, by striking
``TERMINATION AND'';
(ii) in subsection (a), by striking ``During
the first 22 years of the withdrawal and
reservation made by this title, if'' and
inserting ``If'';
(iii) in subsection (c), by striking ``before
the termination date of the withdrawal and
reservation''; and
(iv) in subsection (d), by striking
``Notwithstanding the termination date
specified in section 2910, unless'' and
inserting ``Unless''.
(2) Determination of continuing military need for withdrawal
and reservation and public reports.--The Fort Irwin Military
Land Withdrawal Act of 2001 (title XXIX of Public Law 107-107;
115 Stat. 1335) is further amended by inserting after section
2910 the following new section:
``SEC. 2911. DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL
AND RESERVATION AND PUBLIC REPORTS.
``(a) Periodic Determination of Continuing Need.--Whenever an
integrated natural resources management plan covering the lands
withdrawn and reserved under this title is reviewed as to operation and
effect as required by section 101(b)(3) of the Sikes Act (16 U.S.C.
670a(b)(2)), but not less often than every five years, the Secretary of
the Army shall include in the plan the Secretary's determination
regarding whether there will be a continuing military need for any or
all of the withdrawn and reserved lands for the following five years.
``(b) Public Reports.--
``(1) Changes in land conditions.--(A) Concurrent with each
review of an integrated natural resources management plan
described in subsection (a), the Secretary of the Army and the
Secretary of the Interior shall jointly prepare and issue a
report describing any changes in the condition of the lands
withdrawn and reserved by this title since the later of the
date of any previous report under this paragraph or the date of
the environmental analysis prepared to support the actions that
changed the condition of the lands.
``(B) A report under subparagraph (A) shall include a summary
of current military use of the lands withdrawn and reserved by
this title, any changes in military use of the lands since the
previous report, and efforts related to the management of
natural and cultural resources and environmental remediation of
the lands during the previous five years.
``(2) Combination with other reports.--A report under this
subsection may be combined with, or incorporate by reference,
any contemporary report required by any other provision of law
regarding the lands withdrawn and reserved by this title.
``(3) Public review and comment.--(A) Before the finalization
of a report under this subsection, the Secretary of the Army
and the Secretary of the Interior shall invite interested
members of the public to review and comment on the report, and
shall hold at least one public meeting concerning the report in
a location or locations reasonably accessible to persons who
may be affected by management of the lands withdrawn and
reserved by this title.
``(B) Each public meeting under subparagraph (A) shall be
announced not less than 15 days before the date of the meeting
by advertisements in local newspapers of general circulation,
notices on the internet, including the website of National
Training Range, and any other means considered necessary or
desirable by the Secretaries.
``(4) Distribution of report.--The final version of a report
under this subsection shall be made available to the public and
submitted to the Committees on Armed Services and Energy and
Natural Resources of the Senate and the Committees on Armed
Services and Natural Resources of the House of
Representatives.''.
(3) Establishment of intergovernmental executive committee.--
The Fort Irwin Military Land Withdrawal Act of 2001 (title XXIX
of Public Law 107-107; 115 Stat. 1335) is further amended by
adding at the end the following new section:
``SEC. 2914. INTERGOVERNMENTAL EXECUTIVE COMMITTEE.
``(a) Establishment and Purpose.--The Secretary of the Army and the
Secretary of the Interior shall establish, by memorandum of
understanding, an intergovernmental executive committee for the sole
purpose of exchanging views, information, and advice relating to the
management of the natural and cultural resources of the lands withdrawn
and reserved by this title.
``(b) Composition.--
``(1) Representatives of other federal agencies.--The
Secretary of the Army and the Secretary of the Interior shall
include representatives from interested Federal agencies as
members of the intergovernmental executive committee.
``(2) Representatives of state and local governments.--The
Secretary of the Army and the Secretary of the Interior shall
invite to serve as members of the intergovernmental executive
committee--
``(A) at least one elected officer (or other
authorized representative) from the government of the
State of California; and
``(B) at least one elected officer (or other
authorized representative) from each local government
and Indian tribal government in the vicinity of the
withdrawn and reserved lands, as determined by the
Secretaries.
``(c) Operation.--The intergovernmental executive committee shall
operate in accordance with the terms set forth in the memorandum of
understanding under subsection (a).
``(d) Procedures.--The memorandum of understanding under subsection
(a) shall establish procedures for creating a forum for exchanging
views, information, and advice relating to the management of natural
and cultural resources on the lands withdrawn and reserved by this
title, procedures for rotating the chair of the intergovernmental
executive committee, and procedures for scheduling regular meetings,
which shall occur no less frequently than twice a year.
``(e) Coordinator.--The Secretary of the Army, in consultation with
the Secretary of the Interior, shall appoint an individual to serve as
coordinator of the intergovernmental executive committee. The duties of
the coordinator shall be included in the memorandum of understanding
under subsection (a). The coordinator shall not be a member of the
committee.
``(f) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) does not apply to the intergovernmental executive
committee.''.
(g) Ranges Covered by Military Land Withdrawals Act of 2013.--
(1) Elimination of termination date and conforming
amendments.--The Military Land Withdrawals Act of 2013 (title
XXIX of Public Law 113-66; 127 Stat. 1025) is amended--
(A) by striking sections 2919, 2920; 2936, 2946, and
2979;
(B) in section 2921, by striking ``On the termination
of'' and inserting ``On the relinquishment of''; and
(C) in section 2922(d)(3)--
(i) in the paragraph heading, by striking
``on termination'' and inserting ``upon
relinquishment''; and
(ii) by striking ``or if at the expiration of
the withdrawal and reservation,''.
(2) Establishment of intergovernmental executive committee.--
The Military Land Withdrawals Act of 2013 (title XXIX of Public
Law 113-66; 127 Stat. 1025) is further amended by inserting
after section 2918 the following new section:
``SEC. 2919. INTERGOVERNMENTAL EXECUTIVE COMMITTEE.
``(a) Establishment and Purpose.--For the lands withdrawn and
reserved by sections 2931, 2941, and 2971, the Secretary concerned and
the Secretary of the Interior shall establish, by memorandum of
understanding, an intergovernmental executive committee for each
location for the sole purpose of exchanging views, information, and
advice relating to the management of the natural and cultural resources
of the withdrawn and reserved lands.
``(b) Composition.--
``(1) Representatives of other federal agencies.--The
Secretary concerned and the Secretary of the Interior shall
include representatives from interested Federal agencies as
members of the intergovernmental executive committee for a
location covered by subsection (a).
``(2) Representatives of state and local governments.--The
Secretary concerned and the Secretary of the Interior shall
invite to serve as members of the intergovernmental executive
committee for a location covered by subsection (a)--
``(A) at least one elected officer (or other
authorized representative) from the government of the
State in which the withdrawn and reserved lands are
located; and
``(B) at least one elected officer (or other
authorized representative) from each local government
and Indian tribal government in the vicinity of the
withdrawn and reserved lands, as determined by the
Secretaries.
``(c) Operation.--The intergovernmental executive committee for a
location covered by subsection (a) shall operate in accordance with the
terms set forth in the memorandum of understanding under subsection
(a).
``(d) Procedures.--The memorandum of understanding under subsection
(a) shall establish procedures for creating a forum for exchanging
views, information, and advice relating to the management of natural
and cultural resources on the withdrawn and reserved lands, procedures
for rotating the chair of the intergovernmental executive committee,
and procedures for scheduling regular meetings, which shall occur no
less frequently than twice a year.
``(e) Coordinator.--The Secretary concerned, in consultation with the
Secretary of the Interior, shall appoint an individual to serve as
coordinator of the intergovernmental executive committee for a location
covered by subsection (a). The duties of the coordinator shall be
included in the memorandum of understanding under subsection (a). The
coordinator shall not be a member of the committee.
``(f) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) does not apply to an intergovernmental executive
committee for a location covered by subsection (a).''.
(3) Determination of continuing military need for withdrawal
and reservation and public reports.--The Military Land
Withdrawals Act of 2013 (title XXIX of Public Law 113-66; 127
Stat. 1025) is further amended by inserting after section 2919,
as added by paragraph (2), the following new section:
``SEC. 2920. DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL
AND RESERVATION AND PUBLIC REPORTS.
``(a) Periodic Determination of Continuing Need.--Whenever an
integrated natural resources management plan covering the lands
withdrawn and reserved under a subtitle of this title is reviewed as to
operation and effect as required by section 101(b)(3) of the Sikes Act
(16 U.S.C. 670a(b)(2)), but not less often than every five years, the
Secretary concerned shall include in the plan the Secretary's
determination regarding whether there will be a continuing military
need for any or all of the withdrawn and reserved lands for the
following five years.
``(b) Public Reports.--
``(1) Changes in land conditions.--(A) Concurrent with each
review of an integrated natural resources management plan
described in subsection (a), the Secretary concerned and the
Secretary of the Interior shall jointly prepare and issue a
report describing any changes in the condition of the lands
covered by the plan since the later of the date of any previous
report under this paragraph or the date of the environmental
analysis prepared to support the actions that changed the
condition of the lands.
``(B) A report under subparagraph (A) shall include a summary
of current military use of the lands covered by the plan, any
changes in military use of the lands since the previous report,
and efforts related to the management of natural and cultural
resources and environmental remediation of the lands during the
previous five years.
``(2) Combination with other reports.--A report under this
subsection may be combined with, or incorporate by reference,
any contemporary report required by any other provision of law
regarding the lands addressed by the report.
``(3) Public review and comment.--(A) Before the finalization
of a report under this subsection, the Secretary concerned and
the Secretary of the Interior shall invite interested members
of the public to review and comment on the report, and shall
hold at least one public meeting concerning the report in a
location or locations reasonably accessible to persons who may
be affected by management of the lands addressed by the report.
``(B) Each public meeting under subparagraph (A) shall be
announced not less than 15 days before the date of the meeting
by advertisements in local newspapers of general circulation,
notices on the internet, including the website of the affected
military range (if one exists), and any other means considered
necessary or desirable by the Secretaries.
``(4) Distribution of report.--The final version of a report
under this subsection shall be made available to the public and
submitted to the Committees on Armed Services and Energy and
Natural Resources of the Senate and the Committees on Armed
Services and Natural Resources of the House of
Representatives.''.
(h) Effect on New Land Withdrawals and Reservations.--Nothing in this
Act or the amendments made by this Act shall be construed as changing
the requirements imposed on the Department of Defense to obtain a new
or expanded land withdrawal and reservation.
Purpose of the Bill
The purpose of H.R. 4299 is to provide for the indefinite
duration of certain military land withdrawals, to improve the
management of lands currently subject to such withdrawals and
to make the management of such lands more transparent.
Background and Need for Legislation
H.R. 4299 would extend existing military land withdrawals
of public land for an indefinite period while putting in place
a continuous environmental and resource review process
coordinated between the Department of Defense and the
Department of the Interior. In addition, the bill provides for
public comment on individual resource management plans and
continued military uses of such lands.
The U.S. military maintains numerous installations and
training areas on public lands withdrawn from the public domain
throughout the Western United States and Alaska. There are over
200 individual withdrawn parcels for military use for the Army,
Navy and Air Force that range in size from 1 acre for such
things as remote radar sites, to over a million acres at such
large-scale facilities as the Joint Air Force-Navy Goldwater
Training Range.
The majority of these lands are already permanent
withdrawals under the full administrative control of the
military, and were typically created through Department of the
Interior Public Land Orders or by Presidential Executive
Orders. However, following the passage of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), new
military land withdrawals or expansions of previously existing
withdrawals for military use were statutory, and have been
treated as temporary leases subject to 25-year reviews by the
Interior Department. There are currently 23 such withdrawals
subject to this renewal process which, under the National
Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 et
seq.), require full environmental reviews including the
completion of Environmental Impact Statements (EIS), costing
the affected military department potentially millions of
dollars per installation from defense Operations and
Maintenance accounts.
There has never been an instance where the Interior
Department failed to renew the military's land withdrawal for
existing uses and training, nor is such a denial in the future
likely given unique national security requirements. This formal
environmental review requirement has come to be viewed as
unnecessarily duplicative and costly, especially during a time
of defense sequester cuts, because the military already
maintains comprehensive environmental management programs for
its installations. For example, under the Sikes Act (16 U.S.C.
670 et seq.), the Department of Defense is required to develop
and implement Integrated Natural Resource Management Plans
(INRMPs) for all installations across the United States. INRMPs
for each installation are developed in cooperation with the
Interior Department, the U.S. Fish and Wildlife Service, and
impacted State wildlife management agencies, and specify how
the military will manage the property within its control for
the benefit of wildlife and habitat. INRMPs are required to be
reviewed every five years.
The text of H.R. 4299 was included as section 2831 of the
House-passed H.R. 2810, the National Defense Authorization Act
for Fiscal Year 2018, which was passed on a 344 to 81 vote on
July 14, 2017. There was no Senate counterpart and the section
was not included in the final conference agreement on that
bill.
H.R. 4299 would largely follow the model established by the
Sikes Act by: (1) making all current statutory military
withdrawals indefinite at the discretion of the affected
military department for those installations which have an
INRMP; (2) specifically removes lease renewal dates for El
Centro Naval Air Facility Ranges, Juniper Butte Range, Barry M.
Goldwater Range, and the National Training Center; (3) requires
the military, in cooperation with the Interior Department, to
establish individual installation-specific committees comprised
of federal, State and tribal representatives to make periodic
5-year reviews of the specific installation's land management
practices; (4) provides for public notice, input and reports by
the committee to be made public and to Congress; and (5)
provides that this Act only applies to existing withdrawn lands
and not to proposed expansion areas or new training areas in
the future. Future expansions of military use areas would still
require a full NEPA analysis.
Committee Action
H.R. 4299 was introduced on November 8, 2017, by
Congressman Rob Bishop (R-UT). The bill was referred primarily
to the Committee on Natural Resources and in addition to the
Committee on Armed Services. On November 29, 2017, the Natural
Resources Committee met to consider the bill. Congressman Rob
Bishop offered an amendment designated #1; it was adopted by
unanimous consent. No additional amendments were offered, and
the bill, as amended, was ordered favorably reported to the
House of Representatives by unanimous consent on November 30,
2017.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation and the Congressional Budget Act of
1974. With respect to the requirements of clause 3(c)(2) and
(3) of rule XIII of the Rules of the House of Representatives
and sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the enclosed cost estimate for
the bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, January 18, 2018.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4299, a bill to
provide for the indefinite duration of certain military land
withdrawals, to improve the management of lands currently
subject to such withdrawals and to make management of such
lands more transparent, and for other purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFavre.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 4299--A bill to provide for the indefinite duration of certain
military land withdrawals, to improve the management of lands
currently subject to such withdrawals and to make management of
such lands more transparent, and for other purposes
H.R. 4299 would eliminate termination dates for the
withdrawals of certain lands at four military installations in
the western United States that are administered by the
Department of the Interior (DOI) and used by the Department of
Defense (DoD). The bill would require DOI and DoD to establish
intergovernmental advisory committees at the four installations
and also would require the affected agencies to issue reports
regarding the management of those lands. Using information
provided by DOI and DoD, CBO estimates that implementing those
provisions would have no significant effect on federal
spending.
Finally, under current law, DoD must complete environmental
reviews before renewing existing land withdrawals. Under the
bill, those reviews would no longer be necessary. Because only
one withdrawal is set to expire before 2023 and because CBO
expects that any amounts that would have been spent to complete
the environmental review for that installation would be spent
on other activities, CBO estimates that implementing that
provision would have no significant effect on spending subject
to appropriation over 2018-2022 period.
Those withdrawn lands are not currently generating income
and are not expected to do so over the next 10 years. Enacting
H.R. 4299 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 4299 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 4299 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Jeff LaFave.
This estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to provide for the indefinite
duration of certain military land withdrawals, to improve the
management of lands currently subject to such withdrawals and
to make the management of such lands more transparent.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Federal Advisory Committee Act Statement
The functions of the proposed intergovernmental executive
committees authorized in this bill are not currently being nor
could they be performed by one or more agencies, an advisory
group already in existence or by enlarging the mandate of an
existing advisory group.
Compliance With H. Res. 5
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
SIKES ACT
* * * * * * *
TITLE I--CONSERVATION PROGRAMS ON MILITARY INSTALLATIONS
* * * * * * *
SEC. 101. COOPERATIVE PLAN FOR CONSERVATION AND REHABILITATION.
(a) Authority of Secretary of Defense.--
(1) Program.--
(A) In general.--The Secretary of Defense
shall carry out a program to provide for the
conservation and rehabilitation of natural
resources on military installations.
(B) Integrated natural resources management
plan.--(i) To facilitate the program, the
Secretary of each military department shall
prepare and implement an integrated natural
resources management plan for each military
installation in the United States under the
jurisdiction of the Secretary, unless the
Secretary determines that the absence of
significant natural resources on a particular
installation makes preparation of such a plan
inappropriate.
(ii) The Secretary of a military
department may, subject to the
availability of appropriations, develop
and implement an integrated natural
resources management plan for a State-
owned National Guard installation. Such
a plan shall be developed and
implemented in coordination with the
chief executive officer of the State in
which the State-owned National Guard
installation is located. Such a plan is
deemed, for purposes of any other
provision of law, to be for lands or
other geographical areas owned or
controlled by the Department of
Defense, or designated for its use.
(2) Cooperative preparation.--The Secretary of a
military department shall prepare each integrated
natural resources management plan for which the
Secretary is responsible in cooperation with the
Secretary of the Interior[, acting through the Director
of the United States Fish and Wildlife Service,] and
the head of each appropriate State fish and wildlife
agency for the State in which the military installation
or State-owned National Guard installation concerned is
located. Consistent with paragraph (4), the resulting
plan for the military installation or State-owned
National Guard installation shall reflect the mutual
agreement of the parties concerning conservation,
protection, and management of fish and wildlife
resources.
(3) Purposes of program.--(A) Consistent with the use
of military installations and State-owned National
Guard installations to ensure the preparedness of the
Armed Forces, the Secretaries of the military
departments shall carry out the program required by
this subsection to provide for--
(i) the conservation and rehabilitation of
natural resources on such installations;
(ii) the sustainable multipurpose use of the
resources on such installations, which shall
include hunting, fishing, trapping, and
nonconsumptive uses; and
(iii) subject to safety requirements and
military security, public access to military
installations to facilitate the use.
(B) In the case of a State-owned National
Guard installation, such program shall be
carried out in coordination with the chief
executive officer of the State in which the
installation is located.
(4) Effect on other law.--Nothing in this title--
(A)(i) affects any provision of a Federal law
governing the conservation or protection of
fish and wildlife resources; or
(ii) enlarges or diminishes the
responsibility and authority of any State for
the protection and management of fish and
resident wildlife; or
(B) except as specifically provided in the
other provisions of this section and in section
102, authorizes the Secretary of a military
department to require a Federal license or
permit to hunt, fish, or trap on a military
installation.
(b) Required Elements of Plans.--Consistent with the use of
military installations and State-owned National Guard
installations to ensure the preparedness of the Armed Forces,
each integrated natural resources management plan prepared
under subsection (a)--
(1) shall, to the extent appropriate and applicable,
provide for--
(A) fish and wildlife management, land
management, forest management, and fish- and
wildlife-oriented recreation;
(B) fish and wildlife habitat enhancement or
modifications;
(C) wetland protection, enhancement, and
restoration, where necessary for support of
fish, wildlife, or plants;
(D) integration of, and consistency among,
the various activities conducted under the
plan;
(E) establishment of specific natural
resource management goals and objectives and
time frames for proposed action;
(F) sustainable use by the public of natural
resources to the extent that the use is not
inconsistent with the needs of fish and
wildlife resources;
(G) public access to the installation that is
necessary or appropriate for the use described
in subparagraph (F), subject to requirements
necessary to ensure safety and military
security;
(H) enforcement of applicable natural
resource laws (including regulations);
(I) no net loss in the capability of
installation lands to support the military
mission of the installation; [and]
(J) procedures to ensure that each periodic
review of the plan is conducted jointly by the
Secretary of the military department and the
Secretary of the Interior, and that affected
States and Indian tribes, and the public, are
provided a meaningful opportunity to comment
upon any substantial revisions to the plan that
may be proposed; and
[(J)] (K) such other activities as the
Secretary of the military department determines
appropriate;
(2) shall contain a determination by the Secretary of
the military department regarding whether there will be
a continuing military need for the lands covered by the
integrated natural resources management plan during the
period of the plan;
[(2)] (3) must be reviewed as to operation and effect
by the parties thereto on a regular basis, but not less
often than every 5 years; and
[(3)] (4) may, in the case of a military
installation, stipulate the issuance of special State
hunting and fishing permits to individuals and require
payment of nominal fees therefor, which fees shall be
utilized for the protection, conservation, and
management of fish and wildlife, including habitat
improvement and related activities in accordance with
the integrated natural resources management plan;
except that--
(A) the Commanding Officer of the
installation or persons designated by that
Officer are authorized to enforce such special
hunting and fishing permits and to collect,
spend, administer, and account for fees for the
permits, acting as agent or agents for the
State if the integrated natural resources
management plan so provides, and
(B) the fees collected under this paragraph
may not be expended with respect to other than
the military installation on which collected,
unless the military installation is
subsequently closed, in which case the fees may
be transferred to another military installation
to be used for the same purposes.
(c) Prohibitions on Sale and Lease of Lands Unless Effects
Compatible With Plan.--After an integrated natural resources
management plan is agreed to under subsection (a)--
(1) no sale of land, or forest products from land,
that is within a military installation covered by that
plan may be made under section 2665 (a) or (b) of title
10, United States Code; and
(2) no leasing of land that is within the
installation may be made under section 2667 of such
title 10;
unless the effects of that sale or leasing are compatible with
the purposes of the plan.
(d) Implementation and Enforcement of Integrated Natural
Resources Management Plans.--With regard to the implementation
and enforcement of integrated natural resources management
plans agreed to under subsection (a)--
(1) neither Office of Management and Budget Circular
A-76 nor any successor circular thereto applies to the
procurement of services that are necessary for that
implementation and enforcement; and
(2) priority shall be given to the entering into of
contracts for the procurement of such implementation
and enforcement services with Federal and State
agencies having responsibility for the conservation or
management of fish or wildlife.
(e) Applicability of Other Laws.--Integrated natural
resources management plans agreed to under the authority of
this section and section 102 shall not be deemed to be, nor
treated as, cooperative agreements to which chapter 63 of title
31, United States Code, applies.
(f) Reviews and Reports.--
(1) Secretary of defense.--Not later than March 1 of
each year, the Secretary of Defense shall review the
extent to which integrated natural resources management
plans were prepared or were in effect and implemented
in accordance with this title in the preceding year,
and submit a report on the findings of the review to
the committees. Each report shall include--
(A) the number of integrated natural
resources management plans in effect in the
year covered by the report, including the date
on which each plan was issued in final form or
most recently revised;
(B) the amounts expended on conservation
activities conducted pursuant to the plans in
the year covered by the report; and
(C) an assessment of the extent to which the
plans comply with this title.
(2) Secretary of the interior.--Not later than March
1 of each year and in consultation with the heads of
State fish and wildlife agencies, the Secretary of the
Interior shall submit a report to the committees on the
amounts expended by the Department of the Interior and
the State fish and wildlife agencies in the year
covered by the report on conservation activities
conducted pursuant to integrated natural resources
management plans.
(3) Definition of committees.--In this subsection,
the term ``committees'' means--
(A) the Committee on Resources and the
Committee on Armed Services of the House of
Representatives; and
(B) the Committee on Armed Services and the
Committee on Environment and Public Works of
the Senate.
(g) Pilot Program for Invasive Species Management for
Military Installations in Guam.--
(1) Inclusion of invasive species management.--During
fiscal years 2009 through 2014, the Secretary of
Defense shall, to the extent practicable and conducive
to military readiness, incorporate in integrated
natural resources management plans for military
installations in Guam the management, control, and
eradication of invasive species--
(A) that are not native to the ecosystem of
the military installation; and
(B) the introduction of which cause or may
cause harm to military readiness, the
environment, or human health and safety.
(2) Consultation.--The Secretary of Defense shall
carry out this subsection in consultation with the
Secretary of the Interior.
* * * * * * *
----------
EL CENTRO NAVAL AIR FACILITY RANGES WITHDRAWAL ACT
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XXIX--MILITARY LAND WITHDRAWALS
* * * * * * *
Subtitle B--El Centro Naval Air Facility Ranges Withdrawal
SEC. 2921. SHORT TITLE AND DEFINITIONS.
(a) Short Title.--This subtitle may be cited as the ``El
Centro Naval Air Facility Ranges Withdrawal Act''.
(b) Definitions.--In this subtitle:
(1) The term ``El Centro'' means the Naval Air
Facility, El Centro, California.
(2) The term ``cooperative agreement'' means the
cooperative agreement entered into between the Bureau
of Land Management, the Bureau of Reclamation, and the
Department of the Navy, dated June 29, 1987, with
regard to the defense-related uses of Federal lands to
further the mission of El Centro.
(3) The term ``relinquishment notice'' means a notice
of intention by the Secretary of the Navy under section
2928(a) to relinquish[, before the termination date
specified in section 2925,] the withdrawal and
reservation of certain lands withdrawn under this
subtitle.
* * * * * * *
SEC. 2924. MANAGEMENT OF WITHDRAWN LANDS.
(a) Management Consistent With Cooperative Agreement.--The
lands and resources shall be managed in accordance with the
cooperative agreement, revised as necessary to conform to the
provisions of this subtitle. The parties to the cooperative
agreement shall review the cooperative agreement for
conformance with this subtitle and amend the cooperative
agreement, if appropriate, within 120 days after the date of
the enactment of this subtitle. [The term of the cooperative
agreement shall be amended so that its duration is at least
equal to the duration of the withdrawal made by section 2925.]
The cooperative agreement may be reviewed and amended by the
managing agencies as necessary.
(b) Management by Secretary of the Interior.--
(1) General management authority.--During the period
of withdrawal, the Secretary of the Interior shall
manage the lands withdrawn and reserved under this
subtitle pursuant to the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.) and
other applicable laws, including this subtitle.
(2) Specific authorities.--To the extent consistent
with applicable laws, Executive orders, and the
cooperative agreement, the lands withdrawn and reserved
under this subtitle may be managed in a manner
permitting--
(A) protection of wildlife and wildlife
habitat;
(B) control of predatory and other animals;
(C) the prevention and appropriate
suppression of brush and range fires resulting
from nonmilitary activities; and
(D) geothermal leasing and development and
related power production, mineral leasing and
development, and mineral material sales.
(3) Effect of withdrawal.--The Secretary of the
Interior shall manage the lands withdrawn and reserved
under this subtitle, in coordination with the Secretary
of the Navy, such that all nonmilitary use of such
lands, including the uses described in paragraph (2),
shall be subject to such conditions and restrictions as
may be necessary to permit the military use of such
lands for the purposes specified in the cooperative
agreement or authorized pursuant to this subtitle.
(c) Certain Activities Subject to Concurrence of Navy.--The
Secretary of the Interior may issue a lease, easement,
right-of-way, or other authorization with respect to the
nonmilitary use of the withdrawn lands only with the
concurrence of the Secretary of the Navy and under the terms of
the cooperative agreement.
(d) Access Restrictions.--If the Secretary of the Navy
determines that military operations, public safety, or national
security require the closure to public use of any road, trail,
or other portion of the lands withdrawn under this subtitle,
the Secretary may take such action as the Secretary determines
necessary or desirable to effect and maintain such closure. Any
such closure shall be limited to the minimum areas and periods
which the Secretary of the Navy determines are required to
carry out this subsection. Before and during any closure under
this subsection, the Secretary of the Navy shall keep
appropriate warning notices posted and take appropriate steps
to notify the public concerning such closures.
(e) Additional Military Uses.--Lands withdrawn under this
subtitle may be used for defense-related uses other than those
specified in the cooperative agreement. The Secretary of the
Navy shall promptly notify the Secretary of the Interior in the
event that the lands withdrawn under this subtitle will be used
for additional defense-related purposes. Such notification
shall indicate the additional use or uses involved, the
proposed duration of such uses, and the extent to which such
additional military uses of the withdrawn lands will require
that additional or more stringent conditions or restrictions be
imposed on otherwise-permitted nonmilitary uses of all or any
portion of the withdrawn lands.
[SEC. 2925. DURATION OF WITHDRAWAL AND RESERVATION.
[The withdrawal and reservation made under this subtitle
shall terminate 25 years after the date of the enactment of
this subtitle.]
SEC. 2925. INTERGOVERNMENTAL EXECUTIVE COMMITTEE.
(a) Establishment and Purpose.--The Secretary of the Navy and
the Secretary of the Interior shall establish, by memorandum of
understanding, an intergovernmental executive committee for the
sole purpose of exchanging views, information, and advice
relating to the management of the natural and cultural
resources of the lands withdrawn and reserved under this
subtitle.
(b) Composition.--
(1) Representatives of other federal agencies.--The
Secretary of the Navy and the Secretary of the Interior
shall include representatives from interested Federal
agencies as members of the intergovernmental executive
committee.
(2) Representatives of state and local governments.--
The Secretary of the Navy and the Secretary of the
Interior shall invite to serve as members of the
intergovernmental executive committee--
(A) at least one elected officer (or other
authorized representative) from the government
of the State of California; and
(B) at least one elected officer (or other
authorized representative) from each local
government and Indian tribal government in the
vicinity of the withdrawn and reserved lands,
as determined by the Secretaries.
(c) Operation.--The intergovernmental executive committee
shall operate in accordance with the terms set forth in the
memorandum of understanding under subsection (a).
(d) Procedures.--The memorandum of understanding under
subsection (a) shall establish procedures for creating a forum
for exchanging views, information, and advice relating to the
management of natural and cultural resources on the lands
withdrawn and reserved under this subtitle, procedures for
rotating the chair of the intergovernmental executive
committee, and procedures for scheduling regular meetings,
which shall occur no less frequently than twice a year.
(e) Coordinator.--The Secretary of the Navy, in consultation
with the Secretary of the Interior, shall appoint an individual
to serve as coordinator of the intergovernmental executive
committee. The duties of the coordinator shall be included in
the memorandum of understanding under subsection (a). The
coordinator shall not be a member of the committee.
(f) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) does not apply to the
intergovernmental executive committee.
* * * * * * *
[SEC. 2927. REQUIREMENTS FOR EXTENSION.
[(a) Notice of Continued Military Need.--Not later than five
years before the termination date specified in section 2925,
the Secretary of the Navy shall advise the Secretary of the
Interior as to whether or not the Navy will have a continuing
military need for any or all of the lands withdrawn and
reserved under this subtitle after the termination date.
[(b) Application for Extension.--If the Secretary of the Navy
determines that there will be a continuing military need for
any or all of the withdrawn lands after the termination date
specified in section 2925, the Secretary of the Navy shall file
an application for extension of the withdrawal and reservation
of the lands in accordance with the then existing regulations
and procedures of the Department of the Interior applicable to
extension of withdrawal of lands for military purposes and that
are consistent with this subtitle. Such application shall be
filed with the Department of the Interior not later than four
years before the termination date.
[(c) Extension Process.--The withdrawal and reservation
established by this subtitle may not be extended except by an
Act or Joint Resolution of Congress.]
SEC. 2927. DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL AND
RESERVATION AND PUBLIC REPORTS.
(a) Determination of Continuing Military Need.--Whenever an
integrated natural resources management plan covering the lands
withdrawn and reserved under this subtitle is reviewed as to
operation and effect as required by section 101(b)(3) of the
Sikes Act (16 U.S.C. 670a(b)(2)), but not less often than every
five years, the Secretary of the Navy shall include the
Secretary's determination regarding whether there will be a
continuing military need for any or all of the withdrawn and
reserved lands for the following five years.
(b) Public Reports.--
(1) Changes in land conditions.--(A) Concurrent with
each review of an integrated natural resources
management plan described in subsection (a), the
Secretary of the Navy and the Secretary of the Interior
shall jointly prepare and issue a report describing any
changes in the condition of the lands withdrawn and
reserved under this subtitle since the later of the
date of any previous report under this paragraph or the
date of the environmental analysis prepared to support
the actions that changed the condition of the lands.
(B) A report under subparagraph (A) shall include a
summary of current military use of the lands withdrawn
and reserved under this subtitle, any changes in
military use of the lands since the previous report,
and efforts related to the management of natural and
cultural resources and environmental remediation of the
lands during the previous five years.
(2) Combination with other reports.--A report under
this subsection may be combined with, or incorporate by
reference, any contemporary report required by any
other provision of law regarding the lands withdrawn
and reserved under this subtitle.
(3) Public review and comment.--(A) Before the
finalization of a report under this subsection, the
Secretary of the Navy and the Secretary of the Interior
shall invite interested members of the public to review
and comment on the report, and shall hold at least one
public meeting concerning the report in a location or
locations reasonably accessible to persons who may be
affected by management of the lands withdrawn and
reserved under this subtitle.
(B) Each public meeting under subparagraph (A) shall
be announced not less than 15 days before the date of
the meeting by advertisements in local newspapers of
general circulation, notices on the internet, including
the website of El Centro, and any other means
considered necessary or desirable by the Secretaries.
(4) Distribution of report.--The final version of a
report under this subsection shall be made available to
the public and submitted to the Committees on Armed
Services and Energy and Natural Resources of the Senate
and the Committees on Armed Services and Natural
Resources of the House of Representatives.
SEC. 2928. EARLY RELINQUISHMENT OF WITHDRAWAL.
(a) Filing of Relinquishment Notice.--If, during the period
of withdrawal and reservation [specified in section 2925], the
Secretary of the Navy decides to relinquish all or any portion
of the lands withdrawn and reserved under this subtitle, the
Secretary of the Navy shall file a notice of intention to
relinquish with the Secretary of the Interior.
(b) Determination of Presence of Contamination.--Before
transmitting a relinquishment notice under subsection (a), the
Secretary of the Navy, in consultation with the Secretary of
the Interior, shall prepare a written determination concerning
whether and to what extent the lands to be relinquished are
contaminated with explosive, toxic, or other hazardous wastes
and substances. A copy of such determination shall be
transmitted with the relinquishment notice.
(c) Decontamination and Remediation.--In the case of
contaminated lands which are the subject of a relinquishment
notice, the Secretary of the Navy shall decontaminate or
remediate the land to the extent that funds are appropriated
for such purpose if the Secretary of the Interior, in
consultation with the Secretary of the Navy, determines that--
(1) decontamination or remediation of the lands is
practicable and economically feasible, taking into
consideration the potential future use and value of the
land; and
(2) upon decontamination or remediation, the land
could be opened to the operation of some or all of the
public land laws, including the mining laws.
(d) Decontamination and Remediation Activities Subject to
Other Laws.--The activities of the Secretary of the Navy under
subsection (c) are subject to applicable laws and regulations,
including the Defense Environmental Restoration Program
established under section 2701 of title 10, United States Code,
the Comprehensive Environmental Response Compensation and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
(e) Authority of Secretary of the Interior To Refuse
Contaminated Lands.--The Secretary of the Interior shall not be
required to accept lands specified in a relinquishment notice
if the Secretary of the Interior, after consultation with the
Secretary of the Navy, concludes that--
(1) decontamination or remediation of any land
subject to the relinquishment notice is not practicable
or economically feasible;
(2) the land cannot be decontaminated or remediated
sufficiently to be opened to operation of some or all
of the public land laws; or
(3) a sufficient amount of funds are not appropriated
for the decontamination of the land.
(f) Status of Contaminated Lands.--If, because of the
condition of the lands, the Secretary of the Interior declines
to accept jurisdiction of lands proposed for relinquishment or,
if at the expiration of the withdrawal made under this
subtitle, the Secretary of the Interior determines that some of
the lands withdrawn under this subtitle are contaminated to an
extent which prevents opening such contaminated lands to
operation of the public land laws--
(1) the Secretary of the Navy shall take appropriate
steps to warn the public of the contaminated state of
such lands and any risks associated with entry onto
such lands;
(2) after the expiration of the withdrawal, the
Secretary of the Navy shall retain jurisdiction over
the withdrawn lands, but shall undertake no activities
on such lands except in connection with the
decontamination or remediation of such
lands; and
(3) the Secretary of the Navy shall report to the
Secretary of the Interior and to the Congress
concerning the status of such lands and all actions
taken under paragraphs (1)
and (2).
(g) Subsequent Decontamination or Remediation.--If lands
covered by subsection (f) are subsequently decontaminated or
remediated and the Secretary of the Navy certifies that the
lands are safe for nonmilitary uses, the Secretary of the
Interior shall reconsider accepting jurisdiction over the
lands.
(h) Revocation Authority.--Notwithstanding any other
provision of law, upon deciding that it is in the public
interest to accept jurisdiction over lands specified in a
relinquishment notice, the Secretary of the Interior may revoke
the withdrawal and
reservation made under this subtitle as it applies to such
lands. If the decision be made to accept the relinquishment and
to revoke the withdrawal and reservation, the Secretary of the
Interior shall publish in the Federal Register an appropriate
order which shall--
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full
jurisdiction over the lands by the Secretary of the
Interior; and
(3) state the date upon which the lands will be
opened to the operation of the public land laws,
including the mining laws, if appropriate.
* * * * * * *
----------
JUNIPER BUTTE RANGE WITHDRAWAL ACT
* * * * * * *
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
* * * * * * *
TITLE XXIX--JUNIPER BUTTE RANGE WITHDRAWAL
* * * * * * *
SEC. 2909. INTEGRATED NATURAL RESOURCE MANAGEMENT PLAN.
(a) Requirement.--(1)(A) Not later than 2 years after the
date of the enactment of this Act, the Secretary of the Air
Force shall, in cooperation with the Secretary of the Interior,
the State of Idaho, and Owyhee County, Idaho, develop an
integrated natural resources management plan to address the
management of the resources of the lands withdrawn and reserved
by this title during their withdrawal and reservation under
this title.
(B) Additionally, the integrated natural resource management
plan shall address mitigation and monitoring activities by the
Air Force for State and Federal lands affected by military
training activities associated with the Juniper Butte Range.
(C) The foregoing will be done cooperatively between the Air
Force, the Bureau of Land Management, the State of Idaho, and
Owyhee County, Idaho.
(2) Except as otherwise provided under this title, the
integrated natural resources management plan under this section
shall be developed in accordance with, and meet the
requirements of, section 101 of the Sikes Act (16 U.S.C. 670a).
(3)(A) Site development plans shall be prepared before
construction of facilities.
(B) Such plans shall be reviewed by the Bureau of Land
Management, for Federal lands, and the State of Idaho, for
State lands, for consistency with the proposal assessed in the
Enhanced Training in Idaho Environmental Impact Statement.
(C) The portion of such development plans describing
reconfigurable or replacement targets may be conceptual.
(b) Elements.--The integrated natural resources management
plan under subsection (a) shall--
(1) include provisions for the proper management and
protection of the natural, cultural, and other
resources and values of the lands withdrawn and
reserved by this title and for the use of such
resources in a manner consistent with the uses set
forth in section 2902(b);
(2) permit livestock grazing at the discretion of the
Secretary of the Air Force in accordance with section
2907 or any other authorities relating to livestock
grazing that are available to that Secretary;
(3) permit fencing, water pipeline modifications and
extensions, and the construction of aboveground water
reservoirs, and the maintenance and repair of these
items on the lands withdrawn and reserved by this
title, and on other lands under the jurisdiction of the
Bureau of Land Management; and
(4) otherwise provide for the management by the
Secretary of the Air Force of any lands withdrawn and
reserved by this title while retained under the
jurisdiction of that Secretary under this title.
(c) Periodic Review.--The Secretary of the Air Force shall,
in cooperation with the Secretary of the Interior and the State
of Idaho, review the adequacy of the provisions of the
integrated natural resources management plan developed under
this section at least once every 5 years after the effective
date of the plan. The review shall include the determination of
the Secretary of the Air Force regarding whether there will be
a continuing military need for any or all of the withdrawn and
reserved lands for the following 5 years.
(d) Public Reports.--
(1) Changes in land conditions.--(A) Concurrent with
each review of an integrated natural resources
management plan developed under this section. The
Secretary of the Air Force and the Secretary of the
Interior shall jointly prepare and issue a report
describing any changes in the condition of the lands
withdrawn and reserved by this title since the later of
the date of any previous report under this paragraph or
the date of the environmental analysis prepared to
support the actions that changed the condition of the
lands.
(B) A report under subparagraph (A) shall include a
summary of current military use of the lands withdrawn
and reserved by this title, any changes in military use
of the lands since the previous report, and efforts
related to the management of natural and cultural
resources and environmental remediation of the lands
during the previous 5 years.
(2) Combination with other reports.--A report under
this subsection may be combined with, or incorporate by
reference, any contemporary report required by any
other provision of law regarding the lands withdrawn
and reserved by this title.
(3) Public review and comment.--(A) Before the
finalization of a report under this subsection, the
Secretary of the Air Force and the Secretary of the
Interior shall invite interested members of the public
to review and comment on the report, and shall hold at
least one public meeting concerning the report in a
location or locations reasonably accessible to persons
who may be affected by management of the lands
withdrawn and reserved by this title.
(B) Each public meeting under subparagraph (A) shall
be announced not less than 15 days before the date of
the meeting by advertisements in local newspapers of
general circulation, notices on the internet, including
the website of the Juniper Butte Range (if one exists),
and any other means considered necessary or desirable
by the Secretaries.
(4) Distribution of report.--The final version of a
report under this subsection shall be made available to
the public and submitted to the Committees on Armed
Services and Energy and Natural Resources of the Senate
and the Committees on Armed Services and Natural
Resources of the House of Representatives.
SEC. 2910. MEMORANDUM OF UNDERSTANDING.
(a) Requirement.--The Secretary of the Air Force, the
Secretary of the Interior, and the Governor of the State of
Idaho shall jointly enter into a memorandum of understanding to
implement the integrated natural resources management plan
required under section 2909.
(b) Term.--The memorandum of understanding under subsection
(a) shall apply to any lands withdrawn and reserved by this
title until their relinquishment by the Secretary of the Air
Force under this title.
(c) Modification.--The memorandum of understanding under
subsection (a) may be modified by agreement of all the parties
specified in that subsection.
(d) Intergovernmental Executive Committee.--
(1) Establishment and purpose.--The memorandum of
understanding under subsection (a) shall be modified as
provided in subsection (c) to establish an
intergovernmental executive committee for the sole
purpose of exchanging views, information, and advice
relating to the management of the natural and cultural
resources of the lands withdrawn and reserved by this
title.
(2) Composition.--(A) The Secretary of the Air Force
and the Secretary of the Interior shall include
representatives from interested Federal agencies as
members of the intergovernmental executive committee.
(B) The Secretary of the Air Force and the Secretary
of the Interior shall invite to serve as members of the
intergovernmental executive committee--
(i) at least one elected officer (or other
authorized representative) from the government
of the State of Idaho; and
(ii) at least one elected officer (or other
authorized representative) from each local
government and Indian tribal government in the
vicinity of the withdrawn and reserved lands,
as determined by the Secretaries.
(3) Operation.--The intergovernmental executive
committee shall operate in accordance with the terms
set forth in the memorandum of understanding.
(4) Procedures.--The memorandum of understanding
shall establish procedures for creating a forum for
exchanging views, information, and advice relating to
the management of natural and cultural resources on the
lands withdrawn and reserved by this title, procedures
for rotating the chair of the intergovernmental
executive committee, and procedures for scheduling
regular meetings, which shall occur no less frequently
than twice a year.
(5) Coordinator.--The Secretary of the Air Force, in
consultation with the Secretary of the Interior, shall
appoint an individual to serve as coordinator of the
intergovernmental executive committee. The duties of
the coordinator shall be included in the memorandum of
understanding. The coordinator shall not be a member of
the committee.
(6) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) does not apply
to the intergovernmental executive committee.
* * * * * * *
SEC. 2915. [DURATION] RELINQUISHMENT OF WITHDRAWAL.
(a) [Termination-- [(1) Except as otherwise provided in this
section and section 2916, the withdrawal and reservation made
by this title shall terminate 25 years after the date of the
enactment of this Act.]
[(2) At the time of termination] Effect of Relinquishment on
Operation of General Land Laws._Upon relinquishment of
Department of the Air Force jurisdiction over lands withdrawn
and reserved by this title, the previously withdrawn lands
shall not be open to the general land laws, including the
mining laws and the mineral and geothermal leasing laws, until
the Secretary of the Interior publishes in the Federal Register
an appropriate order which shall state the date upon which such
lands shall be opened.
(b) Relinquishment Process.--(1) If the Secretary of the Air
Force determines [under subsection (c)] that the Air Force has
no continuing military need for any lands withdrawn and
reserved by this title, the Secretary of the Air Force shall
submit to the Secretary of the Interior a notice of intent to
relinquish jurisdiction over such lands to the Secretary of the
Interior.
(2) The Secretary of the Interior may accept jurisdiction
over any lands covered by a notice of intent to relinquish
jurisdiction under paragraph (1) if the Secretary of the
Interior determines that the Secretary of the Air Force has
completed the environmental review required under section
2916(a) and the conditions under section 2916(c) have been met.
(3) If the Secretary of the Interior decides to accept
jurisdiction over lands under paragraph (2) [before the date of
termination, as provided for in subsection (a)(1)], the
Secretary of the Interior shall publish in the Federal Register
an appropriate order which shall--
(A) revoke the withdrawal and reservation of such
lands under this title;
(B) constitute official acceptance of administrative
jurisdiction over the lands by the Secretary of the
Interior; and
(C) state the date upon which such lands shall be
opened to the operation of the general land laws,
including the mining laws and the mineral and
geothermal leasing laws, if appropriate.
(4) The Secretary of the Interior shall manage any lands
relinquished under this subsection as multiple use status
lands.
(5) If the Secretary of the Interior declines pursuant to
subsection (b)(2) to accept jurisdiction of any parcel of land
proposed for relinquishment, that parcel shall remain under the
continued administration of the Secretary of the Air Force
pursuant to section 2916(d).
[(c) Extension.--(1) In the case of any lands withdrawn and
reserved by this title that the Air Force proposes to include
in a notice of extension because of continued military need
under paragraph (2), the Secretary of the Air Force shall,
before issuing the notice under paragraph (2)--
[(A) evaluate the environmental effects of the
extension of the withdrawal and reservation of such
lands in accordance with all applicable laws and
regulations; and
[(B) hold at least one public meeting in the State of
Idaho regarding that evaluation.
[(2)(A) Not later than 2 years before the termination of the
withdrawal and reservation of lands by this title under
subsection (a), the Secretary of the Air Force shall notify
Congress and the Secretary of the Interior as to whether or not
the Air Force has a continuing military need for any of the
lands withdrawn and reserved by this title, and not previously
relinquished under this section, after the termination date as
specified in subsection (a).
[(B)(i) The Secretary of the Air force shall specify in the
notice under subparagraph (A) the duration of any extension or
further extension of withdrawal and reservation of such lands
under this title.
[(ii) The duration of each extension or further extension
under clause (i) shall not exceed 25 years.
[(C) The notice under subparagraph (A) shall be published in
the Federal Register and a newspaper of local distribution with
the opportunity for comments, within a 60-day period, which
shall be provided to the Secretary of the Air Force and the
Secretary of the Interior.
[(3)(A) Subject to subparagraph (B), in the case of any lands
withdrawn and reserved by this title that are covered by a
notice of extension under subsection (c)(2), the withdrawal and
reservation of such lands shall extend under the provisions of
this title after the termination date otherwise provided for
under subsection (a) for such period as is specified in the
notice under subsection (c)(2).
[(B) Subparagraph (A) shall not apply with respect to any
lands covered by a notice referred to in that paragraph until
90 legislative days after the date on which the notice with
respect to such lands is submitted to Congress under paragraph
(2).]
SEC. 2916. ENVIRONMENTAL REMEDIATION OF RELINQUISHED WITHDRAWN LANDS
[OR UPON TERMINATION OF WITHDRAWAL].
(a) Environmental Review.--(1) Before submitting under
section 2915 a notice of an intent to relinquish jurisdiction
over lands withdrawn and reserved by this title, [and in all
cases not later than 2 years before the date of termination of
withdrawal and reservation,] the Secretary of the Air Force
shall, in consultation with the Secretary of the Interior,
complete a review that fully characterizes the environmental
conditions of such lands (including any water and air
associated with such lands) in order to identify any
contamination on such lands.
(2) The Secretary of the Air Force shall submit to the
Secretary of the Interior a copy of the review prepared with
respect to any lands under paragraph (1). The Secretary of the
Air Force shall also submit at the same time any notice of
intent to relinquish jurisdiction over such lands under section
2915.
(3) The Secretary of the Air Force shall submit a copy of any
such review to Congress.
(b) Environmental Remediation of Lands.--The Secretary of the
Air Force shall, in accordance with applicable State and
Federal law, carry out and complete [environmental
remediation--]
[(1) before relinquishing jurisdiction to the
Secretary of the Interior over any lands identified in
a notice of intent to relinquish under section 2915(b);
or
[(2) before the date of termination of the withdrawal
and reservation, except as provided under subsection
(d).] environmental remediation before relinquishing,
to the Secretary of the Interior, jurisdiction over any
lands identified in a notice of intent to relinquish
under section 2915(b).
(c) Postponement of Relinquishment.--The Secretary of the
Interior shall not accept jurisdiction over any lands that are
the subject of activities under subsection (b) until the
Secretary of the Interior determines that environmental
conditions on the lands are such that--
(1) all necessary environmental remediation has been
completed by the Secretary of the Air Force;
(2) the lands are safe for nonmilitary uses; and
(3) the lands could be opened consistent with the
Secretary of the Interior's public land management
responsibilities.
(d) Jurisdiction When Withdrawal [Terminates] Relinquished.--
If the determination required by section (c) cannot be achieved
for any parcel of land subject to the withdrawal and
reservation before the [termination date] relinquishment date
of the withdrawal and reservation, the Secretary of the Air
Force shall retain administrative jurisdiction over such
parcels of land notwithstanding the [termination date]
relinquishment date for the limited purposes of--
(1) environmental remediation activities under
subsection (b); and
(2) any activities relating to the management of such
lands after the [termination] relinquishment of the
withdrawal reservation for military purposes that are
provided for in the integrated natural resources
management plan under section 2909.
(e) Effect on Other Laws.--Nothing in this title shall
affect, or be construed to affect, the obligations, if any, of
the Secretary of the Air Force to decontaminate lands withdrawn
by this title pursuant to applicable law, including the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.).
* * * * * * *
----------
MILITARY LANDS WITHDRAWAL ACT OF 1999
* * * * * * *
TITLE XXX--MILITARY LAND WITHDRAWALS
* * * * * * *
Subtitle A--Withdrawals Generally
* * * * * * *
SEC. 3014. MANAGEMENT OF LANDS.
(a) Management by Secretary of Interior.--
(1) Applicable law.--During the period of the
withdrawal of lands under this subtitle, the Secretary
of the Interior shall manage the lands withdrawn by
section 30 11 pursuant to the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), other
applicable law, and this subtitle. The Secretary shall
manage the lands within the Desert National Wildlife
Refuge in accordance with the National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd et
seq.) and other applicable law. No provision of this
subtitle, except sections 3011(b)(5)(D), 3020, and
3021, shall apply to the management of the Desert
National Wildlife Refuge.
(2) Activities authorized.--To the extent consistent
with applicable law and Executive orders, the lands
withdrawn by section 3011 may be managed in a manner
permitting--
(A) the continuation of grazing where
permitted on the date of the enactment of this
Act;
(B) the protection of wildlife and wildlife
habitat;
(C) the control of predatory and other
animals;
(D) recreation; and
(E) the prevention and appropriate
suppression of brush and range fires resulting
from nonmilitary activities.
(3) Nonmilitary uses.--
(A) In general.--All nonmilitary use of the
lands referred to in paragraph (2), other than
the uses described in that paragraph, shall be
subject to such conditions and restrictions as
may be necessary to permit the military use of
such lands for the purposes specified in or
authorized pursuant to this subtitle.
(B) Leases, easements, and rights-of-way.--
The Secretary of the Interior may issue a
lease, easement, right-of-way, or other
authorization with respect to the nonmilitary
use of lands referred to in paragraph (2) only
with the concurrence of the Secretary of the
military department concerned.
(b) Closure to Public.--
(1) In general.--If the Secretary of the military
department concerned determines that military
operations, public safety, or national security require
the closure to public use of any road, trail, or other
portion of lands withdrawn by this subtitle, that
Secretary may take such action as that Secretary
determines necessary or desirable to effect and
maintain such closure.
(2) Limitations.--Any closure under paragraph (1)
shall be limited to the minimum areas and periods which
the Secretary of the military department concerned
determines are required to carry out this subsection.
(3) Notice.--Before and during any closure under this
subsection, the Secretary of the military department
concerned shall--
(A) keep appropriate warning notices posted;
and
(B) take appropriate steps to notify the
public concerning such closure.
(c) Management Plan.--The Secretary of the Interior, after
consultation with the Secretary of the military department
concerned, shall develop a plan for the management of each area
withdrawn by section 3011 during the period of withdrawal under
this subtitle. Each plan shall--
(1) be consistent with applicable law;
(2) be subject to the conditions and restrictions
specified in subsection (a)(3);
(3) include such provisions as may be necessary for
proper management and protection of the resources and
values of such area; and
(4) be developed not later than two years after the
date of the enactment of this Act.
(d) Brush and Range Fires.--
(1) In general.--The Secretary of the military
department concerned shall take necessary precautions
to prevent and suppress brush and range fires occurring
within and outside lands withdrawn by section 3011 as a
result of military activities and may seek assistance
from the Bureau of Land Management in the suppression
of such fires.
(2) Assistance.--Each memorandum of understanding
required by subsection (e) shall--
(A) require the Bureau of Land Management to
provide assistance in the suppression of fires
under paragraph (1) upon the request of the
Secretary of the military department concerned;
and
(B) provide for a transfer of funds from the
military department concerned to the Bureau of
Land Management as compensation for any
assistance so provided.
(e) Memorandum of Understanding.--
(1) Requirement.--The Secretary of the Interior and
the Secretary of the military department concerned
shall, with respect to each lands withdrawn by section
3011, enter into a memorandum of understanding to
implement the management plan for such lands under
subsection (c).
(2) Duration.--The duration of any memorandum of
understanding for lands withdrawn by section 3011 shall
be the same as the period of the withdrawal of such
lands under this subtitle.
(f) Additional Military Uses.--
(1) In general.--Lands withdrawn by section 3011
(except lands within the Desert National Wildlife
Refuge) may be used for defense-related purposes other
than those specified in the applicable provisions of
such section.
(2) Notice.--The Secretary of Defense shall promptly
notify the Secretary of the Interior in the event that
lands withdrawn by this subtitle will be used for
defense-related purposes other than those specified in
the applicable provisions of section 3011.
(3) Contents of notice.--A notice under paragraph (2)
shall indicate the additional use or uses involved, the
proposed duration of such use or uses, and the extent
to which such use or uses will require that additional
or more stringent conditions or restrictions be imposed
on otherwise permitted nonmilitary uses of the lands
concerned, or portions thereof.
(g) Intergovernmental Executive Committees.--
(1) Establishment and purpose.--For the lands
withdrawn and reserved by section 3011, the Secretary
of the military department concerned and the Secretary
of the Interior shall establish, by memorandum of
understanding, an intergovernmental executive committee
for each range for the sole purpose of exchanging
views, information, and advice relating to the
management of the natural and cultural resources of the
withdrawn and reserved lands.
(2) Composition.--(A) The Secretary of the military
department concerned and the Secretary of the Interior
shall include representatives from interested Federal
agencies as members of the intergovernmental executive
committee for a range.
(B) The Secretary of the military department
concerned and the Secretary of the Interior shall
invite to serve as members of the intergovernmental
executive committee for a range--
(i) at least one elected officer (or other
authorized representative) from the government
of the State in which the withdrawn and
reserved lands are located; and
(ii) at least one elected officer (or other
authorized representative) from each local
government and Indian tribal government in the
vicinity of the withdrawn and reserved lands,
as determined by the Secretaries.
(3) Operation.--The intergovernmental executive
committee for a range shall operate in accordance with
the terms set forth in the memorandum of understanding.
(4) Procedures.--The memorandum of understanding for
a range shall establish procedures for creating a forum
for exchanging views, information, and advice relating
to the management of natural and cultural resources on
the withdrawn and reserved lands, procedures for
rotating the chair of the intergovernmental executive
committee, and procedures for scheduling regular
meetings, which shall occur no less frequently than
twice a year.
(5) Coordinator.--The Secretary of the military
department concerned, in consultation with the
Secretary of the Interior, shall appoint an individual
to serve as coordinator of the intergovernmental
executive committee for a range. The duties of the
coordinator shall be included in the memorandum of
understanding. The coordinator shall not be a member of
the committee.
(6) Federal advisory committee act.--The Federal
Advisory Committee Act (5 U.S.C. App.) does not apply
to an intergovernmental executive committee established
under this subsection.
[SEC. 3015. DURATION OF WITHDRAWAL AND RESERVATION.
[(a) General Termination Date.--The withdrawal and
reservation of lands by section 3011 shall terminate 25 years
after November 6, 2001, except as otherwise provided in this
subtitle and except for the withdrawals provided for under
subsections (a) and (b) of section 3011 which shall terminate
20 years after November 6, 2001.
[(b) Commencement Date for Certain Lands.--As to the lands
withdrawn for military purposes by section 3011, but not
withdrawn for military purposes by section 1 of the Military
Lands Withdrawal Act of 1986 (Public Law 99-606), the
withdrawal of such lands shall become effective on the date of
the enactment of this Act.
[(c) Opening Date.--On the date of the termination of the
withdrawal and reservation of lands under this subtitle, such
lands shall not be open to any form of appropriation under the
public land laws, including the mineral laws and the mineral
leasing and geothermal leasing laws, until the Secretary of the
Interior publishes in the Federal Register an appropriate order
stating the date upon which such lands shall be restored to the
public domain and opened.
[SEC. 3016. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.
[(a) In General.--Not later than three years before the
termination date of the initial withdrawal and reservation of
lands under this subtitle, the Secretary of the military
department concerned shall notify Congress and the Secretary of
the Interior concerning whether the military department will
have a continuing military need after such termination date for
all or any portion of such lands.
[(b) Duties Regarding Continuing Military Need.--
[(1) In general.--If the Secretary of the military
department concerned determines that there will be a
continuing military need for any lands withdrawn by
this subtitle, the Secretary of the military department
concerned shall--
[(A) consult with the Secretary of the
Interior concerning any adjustments to be made
to the extent of, or to the allocation of
management responsibility for, such lands; and
[(B) file with the Secretary of the Interior,
within one year after the notice required by
subsection (a), an application for extension of
the withdrawal and reservation of such lands.
[(2) Application for extension.--Notwithstanding any
general procedure of the Department of the Interior for
processing Federal land withdrawals, an application for
extension under paragraph (1) shall be considered
complete if the application includes the following:
[(A) The information required by section 3 of
the Engle Act (43 U.S.C. 157), except that no
information shall be required concerning the
use or development of mineral, timber, or
grazing resources unless, and to the extent,
the Secretary of the military department
concerned proposes to use or develop such
resources during the period of extension.
[(B) A copy of the most recent report
prepared in accordance with the Sikes Act (16
U.S.C. 670 et seq.).
[(c) Legislative Proposals.--The Secretary of the Interior
and the Secretary of the military department concerned shall
ensure that any legislative proposal for the extension of the
withdrawal and reservation of lands under this subtitle is
submitted to Congress not later than May 1 of the year
preceding the year in which the withdrawal and reservation of
such lands would otherwise terminate under this subtitle.
[(d) Notice of Intent Regarding Relinquishment.--If during
the period of the withdrawal and reservation of lands under
this subtitle, the Secretary of the military department
concerned decides to relinquish all or any of the lands
withdrawn and reserved by section 3011, such Secretary shall
transmit a notice of intent to relinquish such lands to the
Secretary of the Interior.]
SEC. 3015. DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL AND
RESERVATION AND PUBLIC REPORTS.
(a) Determination of Continuing Military Need.--Whenever an
integrated natural resources management plan covering the lands
withdrawn and reserved under section 3011 is reviewed as to
operation and effect as required by section 101(b)(3) of the
Sikes Act (16 U.S.C. 670a(b)(2)), but not less often than every
five years, the Secretary of the military department concerned
shall include the Secretary's determination regarding whether
there will be a continuing military need for any or all of the
withdrawn and reserved lands for the following five years.
(b) Public Reports.--
(1) Changes in land conditions.--(A) Concurrent with
each review of an integrated natural resources
management plan described in subsection (a), the
Secretary of the military department concerned and the
Secretary of the Interior shall jointly prepare and
issue a report describing any changes in the condition
of the lands covered by the plan since the later of the
date of any previous report under this paragraph or the
date of the environmental analysis prepared to support
the actions that changed the condition of the lands.
(B) A report under subparagraph (A) shall include a
summary of current military use of the lands covered by
the plan, any changes in military use of the lands
since the previous report, and efforts related to the
management of natural and cultural resources and
environmental remediation of the lands during the
previous five years.
(2) Combination with other reports.--A report under
this subsection may be combined with, or incorporate by
reference, any contemporary report required by any
other provision of law regarding the lands covered by
the integrated natural resources management plan.
(3) Public review and comment.--(A) Before the
finalization of a report under this subsection, the
Secretary of the military department concerned and the
Secretary of the Interior shall invite interested
members of the public to review and comment on the
report, and shall hold at least one public meeting
concerning the report in a location or locations
reasonably accessible to persons who may be affected by
management of the lands addressed by the report.
(B) Each public meeting under subparagraph (A) shall
be announced not less than 15 days before the date of
the meeting by advertisements in local newspapers of
general circulation, notices on the internet, including
the website of the affected military range (if one
exists), and any other means considered necessary or
desirable by the Secretaries.
(4) Distribution of report.--The final version of a
report under this subsection shall be made available to
the public and submitted to the Committees on Armed
Services and Energy and Natural Resources of the Senate
and the Committees on Armed Services and Natural
Resources of the House of Representatives.
SEC. 3016. RELINQUISHMENT.
(a) Notice of Intent Regarding Relinquishment.--If the
Secretary of the military department concerned decides to
relinquish all or any of the lands withdrawn and reserved by
section 3011, such Secretary shall transmit a notice of intent
to relinquish such lands to the Secretary of the Interior.
(b) Opening Date.--On the date of relinquishment of the
withdrawal and reservation of lands withdrawn and reserved by
section 3011, such lands shall not be open to any form of
appropriation under the public land laws, including the mineral
laws and the mineral leasing and geothermal leasing laws, until
the Secretary of the Interior publishes in the Federal Register
an appropriate order stating the date upon which such lands
shall be restored to the public domain and opened.
SEC. 3017. ONGOING DECONTAMINATION.
(a) Program.--Throughout the duration of the withdrawal of
lands under this subtitle, the Secretary of the military
department concerned shall, to the extent funds are available
for such purpose, maintain a program of decontamination of such
lands consistent with applicable Federal and State law.
(b) Reports.--
(1) Requirement.--Not later than 45 days after the
date on which the President transmits to Congress the
President's proposed budget for any fiscal year
beginning after the date of the enactment of this Act,
the Secretary of each military department shall
transmit to the Committees on Appropriations, Armed
Services, and Energy and Natural Resources of the
Senate and the Committees on Appropriations, Armed
Services, and Resources of the House of Representatives
a description of the decontamination efforts undertaken
on lands under this subtitle under the jurisdiction of
such Secretary during the previous fiscal year and the
decontamination activities proposed to be undertaken on
such lands during the next fiscal year.
(2) Report elements.--Each report shall specify the
following:
(A) Amounts appropriated and obligated or
expended for decontamination of such lands.
(B) The methods used to decontaminate such
lands.
(C) The amounts and types of decontaminants
removed from such lands.
(D) The estimated types and amounts of
residual contamination on such lands.
(E) An estimate of the costs for full
decontamination of such lands and the estimate
of the time to complete such decontamination.
(c) Decontamination Before Relinquishment.--
(1) Duties before notice of intent to relinquish.--
Before transmitting a notice of intent to relinquish
lands under [section 3016(d)] section 3016, the
Secretary of Defense, acting through the Secretary of
the military department concerned, shall prepare a
written determination concerning whether and to what
extent such lands are contaminated with explosive,
toxic, or other hazardous materials.
(2) Determination accompanies notice.--A copy of any
determination prepared with respect to lands under
paragraph (1) shall be transmitted together with the
notice of intent to relinquish such lands under
[section 3016(d)] section 3016.
(3) Publication of notice and determination.--The
Secretary of the Interior shall publish in the Federal
Register a copy of any notice of intent to relinquish
and determination concerning the contaminated state of
the lands that is transmitted under this subsection.
(d) Alternatives to Decontamination Before Relinquishment.--
If the Secretary of the Interior, after consultation with the
Secretary of the military department concerned, determines that
decontamination of any land which is the subject of a notice of
intent to relinquish under [section 3016(d)] section 3016 is
not practicable or economically feasible, or that such land
cannot be decontaminated sufficiently to be opened to the
operation of some or all of the public land laws, or if
Congress does not appropriate sufficient funds for the
decontamination of such land, the Secretary of the Interior
shall not be required to accept such land for relinquishment.
(e) Status of Contaminated Lands.--[If because of their
contaminated state the Secretary of the Interior declines to
accept jurisdiction over lands withdrawn by this subtitle which
have been proposed for relinquishment, or if at the expiration
of the withdrawal of such lands by this subtitle the Secretary
of the Interior determines that] If the Secretary of the
Interior declines to accept jurisdiction over lands withdrawn
by this subtitle which have been proposed for relinquishment
because the Secretary determines that some of such lands are
contaminated to an extent which prevents opening such lands to
operation of the public land laws--
(1) the Secretary of the military department
concerned shall take appropriate steps to warn the
public of the contaminated state of such lands and any
risks associated with entry onto such lands;
(2) after [the expiration of the withdrawal of such
lands under this subtitle] such determination, the
Secretary of the military department concerned shall
undertake no activities on such lands except in
connection with decontamination of such lands; and
(3) the Secretary of the military department
concerned shall submit to the Secretary of the Interior
and Congress a report on the status of such lands and
all actions taken under this subsection.
(f) Revocation Authority.--
(1) Authority.--Notwithstanding any other provision
of law, the Secretary of the Interior, upon deciding
that it is in the public interest to accept
jurisdiction over lands proposed for relinquishment
under [section 3016(d)] section 3016, may revoke the
withdrawal and reservation of lands under this subtitle
as it applies to such lands.
(2) Order.--Should a decision be made to revoke the
withdrawal and reservation of lands under paragraph
(1), the Secretary of the Interior shall publish in the
Federal Register an appropriate order which shall--
(A) terminate the withdrawal and reservation
of such lands under this subtitle;
(B) constitute official acceptance of full
jurisdiction over such lands by the Secretary
of the Interior; and
(C) state the date on which such lands will
be opened to the operation of some or all of
the public lands laws, including the mining
laws.
* * * * * * *
Subtitle B--Withdrawals in Arizona
SEC. 3031. BARRY M. GOLDWATER RANGE, ARIZONA.
(a) Withdrawal and Reservation.--
(1) Withdrawal.--Subject to valid existing rights and
except as otherwise provided in this title, all lands
and interests in lands within the boundaries
established at the Barry M. Goldwater Range, referred
to in paragraph (3), are hereby withdrawn from all
forms of appropriation under the general land laws,
including the mining laws and the mineral leasing and
geothermal leasing laws, and jurisdiction over such
lands and interests in lands is hereby transferred to
the Secretary of the Navy and the Secretary of the Air
Force.
(2) Reservation.--The lands withdrawn by paragraph
(1) for the Barry M. Goldwater Range--East are reserved
for use by the Secretary of the Air Force, and for the
Barry M. Goldwater Range--West are reserved for use by
the Secretary of the Navy, for--
(A) an armament and high-hazard testing area;
(B) training for aerial gunnery, rocketry,
electronic warfare, and tactical maneuvering
and air support;
(C) equipment and tactics development and
testing; and
(D) other defense-related purposes consistent
with the purposes specified in this paragraph.
(3) Land description.--The public lands and interests
in lands withdrawn and reserved by this subsection
comprise approximately 1,650,200 acres of land in
Maricopa, Pima, and Yuma Counties, Arizona, as
generally depicted on the map entitled ``Barry M.
Goldwater Range Land Withdrawal'', dated June 17, 1999,
and filed in accordance with section 3033.
(4) Termination of current withdrawal.--Except as
otherwise provided in section 3032, as to the lands
withdrawn by section 1(c) of the Military Lands
Withdrawal Act of 1986 (Public Law 99-606), but not
withdrawn for military purposes by this section, the
withdrawal of such lands under that Act shall not
terminate until after November 6, 2001, or until the
relinquishment by the Secretary of the Air Force of
such lands is accepted by the Secretary of the
Interior. The withdrawal under that Act with respect to
the Cabeza Prieta National Wildlife Refuge shall
terminate on the date of the enactment of this Act.
(5) Changes in use.--The Secretary of the Navy and
the Secretary of the Air Force shall consult with the
Secretary of the Interior before using the lands
withdrawn and reserved by this section for any purpose
other than the purposes specified in paragraph (2).
(6) Indian tribes.--Nothing in this section shall be
construed as altering any rights reserved for Indians
by treaty or Federal law.
(7) Study.--(A) The Secretary of the Interior, in
coordination with the Secretary of Defense, shall
conduct a study of the lands referred to in
subparagraph (C) that have important aboriginal,
cultural, environmental, or archaeological significance
in order to determine the appropriate method to manage
and protect such lands following relinquishment of such
lands by the Secretary of the Air Force. The study
shall consider whether such lands can be better managed
by the Federal Government or through conveyance of such
lands to another appropriate entity.
(B) In carrying out the study required by
subparagraph (A), the Secretary of the Interior
shall work with the affected tribes and other
Federal and State agencies having experience
and knowledge of the matters covered by the
study, including all applicable laws relating
to the management of the resources referred to
in subparagraph (A) on the lands referred to in
that subparagraph.
(C) The lands referred to in subparagraph (A)
are four tracts of land currently included
within the military land withdrawal for the
Barry M. Goldwater Air Force Range in the State
of Arizona, but that have been identified by
the Air Force as unnecessary for military
purposes in the Air Force's Draft Legislative
Environmental Impact Statement, dated September
1998, and are depicted in figure 2-1 at page 2-
7 of such statement, as amended by figure A at
page 177 of volume 2 of the Air Force's Final
Legislative Environmental Impact Statement,
dated March 1999, as the following:
(i) Area 1 (the Sand Tank Mountains)
containing approximately 83,554 acres.
(ii) Area 9 (the Sentinel Plain)
containing approximately 24,756 acres.
(iii) Area 13 (lands surrounding the
Ajo Airport) containing approximately
2,779 acres.
(iv) Interstate 8 Vicinity Non-
renewal Area containing approximately
1,090 acres.
(D) Not later than one year after the date of
the enactment of this Act, the Secretary of the
Interior shall submit to Congress a report
containing the results of the study required by
subparagraph (A).
(b) Management of Withdrawn and Reserved Lands.--
(1) General management authority.--(A) During the
period of the withdrawal and reservation of lands by
this section, the Secretary of the Navy and the
Secretary of the Air Force shall manage the lands
withdrawn and reserved by this section for the military
purposes specified in this section, and in accordance
with the integrated natural resource management plan
prepared pursuant to paragraph (3).
(B) Responsibility for the natural and
cultural resources management of the lands
referred to in subparagraph (A), and the
enforcement of Federal laws related thereto,
shall not transfer under that subparagraph
before the earlier of--
(i) the date on which the integrated
natural resources management plan
required by paragraph (3) is completed;
or
(ii) November 6, 2001.
(C) The Secretary of the Interior may, if
appropriate, transfer responsibility for the
natural and cultural resources of the lands
referred to in subparagraph (A) to the
Department of the Interior pursuant to
paragraph (7).
(2) Access restrictions.--(A) If the Secretary of the
Navy or the Secretary of the Air Force determines that
military operations, public safety, or national
security require the closure to the public of any road,
trail, or other portion of lands withdrawn and reserved
by this section, the Secretary of the Navy or the
Secretary of the Air Force may take such action as the
Secretary of the Navy or the Secretary of the Air Force
determines necessary or desirable to effect and
maintain such closure.
(B) Any closure under this paragraph shall be
limited to the minimum areas and periods that
the Secretary of the Navy or the Secretary of
the Air Force determines are required for the
purposes specified in subparagraph (A).
(C) Before any nonemergency closure under
this paragraph not specified in the integrated
natural resources management plan required by
paragraph (3), the Secretary of the Navy or the
Secretary of the Air Force shall consult with
the Secretary of the Interior and, where such
closure may affect tribal lands, treaty rights,
or sacred sites, the Secretary of the Navy or
the Secretary of the Air Force shall consult,
at the earliest practicable time, with affected
Indian tribes.
(D) Immediately before and during any closure
under this paragraph, the Secretary of the Navy
or the Secretary of the Air Force shall post
appropriate warning notices and take other
steps, as necessary, to notify the public of
such closure.
(3) Integrated natural resources management plan.--
(A) Not later than two years after the date of the
enactment of this Act, the Secretary of the Navy, the
Secretary of the Air Force, and the Secretary of the
Interior shall jointly prepare an integrated natural
resources management plan for the lands withdrawn and
reserved by this section.
(B) The Secretary of the Navy and the
Secretary of the Interior may jointly prepare a
separate plan pursuant to this paragraph.
(C) Any disagreement concerning the contents
of a plan under this paragraph, or any
subsequent amendments to the plan, shall be
resolved by the Secretary of the Navy for the
West Range and the Secretary of the Air Force
for the East Range, after consultation with the
Secretary of the Interior through the State
Director, Bureau of Land Management and, as
appropriate, the Regional Director, United
States Fish and Wildlife Service. This
authority may be delegated to the installation
commanders.
(D) Any plan under this paragraph shall be
prepared and implemented in accordance with the
Sikes Act (16 U.S.C. 670 et seq.) and the
requirements of this section.
(E) A plan under this paragraph for lands
withdrawn and reserved by this section shall--
(i) include provisions for proper
management and protection of the
natural and cultural resources of such
lands, and for sustainable use by the
public of such resources to the extent
consistent with the military purposes
for which such lands are withdrawn and
reserved by this section;
(ii) be developed in consultation
with affected Indian tribes and include
provisions that address how the
Secretary of the Navy and the Secretary
of the Air Force intend to--
(I) meet the trust
responsibilities of the United
States with respect to Indian
tribes, lands, and rights
reserved by treaty or Federal
law affected by the withdrawal
and reservation;
(II) allow access to and
ceremonial use of sacred sites
to the extent consistent with
the military purposes for which
such lands are withdrawn and
reserved; and
(III) provide for timely
consultation with affected
Indian tribes;
(iii) provide that any hunting,
fishing, and trapping on such lands be
conducted in accordance with the
provisions of section 2671 of title 10,
United States Code;
(iv) provide for continued livestock
grazing and agricultural out-leasing
where it currently exists in accordance
with the provisions of section 2667 of
title 10, United States Code, and at
the discretion of the Secretary of the
Navy or the Secretary of the Air Force,
as the case may be;
(v) identify current test and target
impact areas and related buffer or
safety zones;
(vi) provide that the Secretary of
the Navy and the Secretary of the Air
Force--
(I) shall take necessary
actions to prevent, suppress,
and manage brush and range
fires occurring within the
boundaries of the Barry M.
Goldwater Range, as well as
brush and range fires occurring
outside the boundaries of the
Barry M. Goldwater Range
resulting from military
activities; and
(II) may obligate funds
appropriated or otherwise
available to the Secretaries to
enter into memoranda of
understanding, and cooperative
agreements that shall reimburse
the Secretary of the Interior
for costs incurred under this
clause;
(vii) provide that all gates, fences,
and barriers constructed on such lands
after the date of the enactment of this
Act be designed and erected to allow
wildlife access, to the extent
practicable and consistent with
military security, safety, and sound
wildlife management use;
(viii) incorporate any existing
management plans pertaining to such
lands, to the extent that the Secretary
of the Navy, the Secretary of the Air
Force, and the Secretary of the
Interior, upon reviewing such plans,
mutually determine that incorporation
of such plans into a plan under this
paragraph is appropriate;
(ix) include procedures to ensure
that the periodic reviews of the plan
under the Sikes Act are conducted
jointly by the Secretary of the Navy,
the Secretary of the Air Force, and the
Secretary of the Interior, and that
affected States and Indian tribes, and
the public, are provided a meaningful
opportunity to comment upon any
substantial revisions to the plan that
may be proposed; and
(x) provide procedures to amend the
plan as necessary.
(4) Memoranda of understanding and cooperative
agreements.--(A) The Secretary of the Navy and the
Secretary of the Air Force may enter into memoranda of
understanding or cooperative agreements with the
Secretary of the Interior or other appropriate Federal,
State, or local agencies, Indian tribes, or other
public or private organizations or institutions for
purposes of implementing an integrated natural
resources management plan prepared under paragraph (3).
(B) Any memorandum of understanding or cooperative
agreement under subparagraph (A) affecting integrated
natural resources management may be combined, where
appropriate, with any other memorandum of understanding
or cooperative agreement entered into under this
subtitle, and shall not be subject to the provisions of
chapter 63 of title 31, United States Code.
(5) Public reports.--(A)(i) Concurrent with each
review of the integrated natural resources management
plan under paragraph (3) pursuant to subparagraph
(E)(ix) of that paragraph, the Secretary of the Navy,
the Secretary of the Air Force, and the Secretary of
the Interior shall jointly prepare and issue a report
describing changes in the condition of the lands
withdrawn and reserved by this section from the later
of the date of any previous report under this paragraph
or the date of the environmental impact statement
prepared to support this section.
(ii) Any report under clause (i) shall include a
summary of current military use of the lands referred
to in that clause, any changes in military use of the
lands since the previous report, and efforts related to
the management of natural and cultural resources and
environmental remediation of the lands during the
previous five years.
(iii) Any report under this subparagraph may be
combined with any report required by the Sikes Act.
(iv) Any disagreements concerning the contents of a
report under this subparagraph shall be resolved by the
Secretary of the Navy and the Secretary of the Air
Force. This authority may be delegated to the
installation commanders.
(B)(i) Before the finalization of any report under
this paragraph, the Secretary of the Navy, the
Secretary of the Air Force, and the Secretary of the
Interior shall invite interested members of the public
to review and comment on the report, and shall hold at
least one public meeting concerning the report in a
location or locations reasonably accessible to persons
who may be affected by management of the lands
addressed by the report.
(ii) Each public meeting under clause (i) shall be
announced not less than 15 days before the date of the
meeting by advertisements in local newspapers of
general circulation, publication of an announcement in
the Federal Register, and any other means considered
necessary.
(C) The final version of any report under this
paragraph shall be made available to the public and
submitted to appropriate committees of Congress.
(6) Intergovernmental executive committee.--(A) Not
later than two years after the date of the enactment of
this Act, the Secretary of the Navy, the Secretary of
the Air Force, and the Secretary of the Interior shall,
by memorandum of understanding, establish an
intergovernmental executive committee comprised of
selected representatives from interested Federal
agencies, as well as at least one elected officer (or
other authorized representative) from State government
and at least one elected officer (or other authorized
representative) from each local and tribal government
as may be designated at the discretion of the Secretary
of the Navy, the Secretary of the Air Force, and the
Secretary of the Interior.
(B) The intergovernmental executive committee shall
be established solely for the purpose of exchanging
views, information, and advice relating to the
management of the natural and cultural resources of the
lands withdrawn and reserved by this section.
(C) The intergovernmental executive committee shall
operate in accordance with the terms set forth in the
memorandum of understanding under subparagraph (A),
which shall specify the Federal agencies and elected
officers or representatives of State, local, and tribal
governments to be invited to participate.
(D) The memorandum of understanding under
subparagraph (A) shall establish procedures for
creating a forum for exchanging views, information, and
advice relating to the management of natural and
cultural resources on the lands concerned, procedures
for rotating the chair of the intergovernmental
executive committee, and procedures for scheduling
regular meetings.
(E) The Secretary of the Navy and the Secretary of
the Air Force shall, in consultation with the Secretary
of the Interior, appoint an individual to serve as
coordinator of the intergovernmental executive
committee. The duties of the coordinator shall be
included in the memorandum of understanding under
subparagraph (A). The coordinator shall not be a member
of the committee.
(7) Transfer of management responsibility.--(A)(i) If
the Secretary of the Interior determines that the
Secretary of the Navy or the Secretary of the Air Force
has failed to manage lands withdrawn and reserved by
this section for military purposes in accordance with
the integrated natural resource management plan for
such lands under paragraph (3), and that failure to do
so is resulting in significant and verifiable
degradation of the natural or cultural resources of
such lands, the Secretary of the Interior shall give
the Secretary of the Navy or the Secretary of the Air
Force, as the case may be, written notice of such
determination, a description of the deficiencies in
management practices by the Secretary of the Navy or
the Secretary of the Air Force, as the case may be, and
an explanation of the methodology employed in reaching
the determination.
(ii) Not later than 60 days after the date a
notification under clause (i) is received, the
Secretary of the Navy or the Secretary of the Air
Force, as the case may be, shall submit a response to
the Secretary of the Interior, which response may
include a plan of action for addressing any
deficiencies identified in the notice in the conduct of
management responsibility and for preventing further
significant degradation of the natural or cultural
resources of the lands concerned.
(iii) If, not earlier than three months after the
date a notification under clause (i) is received, the
Secretary of the Interior determines that deficiencies
identified in the notice are not being corrected, and
that significant and verifiable degradation of the
natural or cultural resources of the lands concerned is
continuing, the Secretary of the Interior may, not
earlier than 90 days after the date on which the
Secretary of the Interior submits to the committees
referred to in section 3032(d)(3) notice and a report
on the determination, transfer management
responsibility for the natural and cultural resources
of such lands from the Secretary of the Navy or the
Secretary of the Air Force, as the case may be, to the
Secretary of the Interior in accordance with a schedule
for such transfer established by the Secretary of the
Interior.
(B) After a transfer of management responsibility
pursuant to subparagraph (A), the Secretary of the
Interior may transfer management responsibility back to
the Secretary of the Navy or the Secretary of the Air
Force if the Secretary of the Interior determines that
adequate procedures and plans have been established to
ensure that the lands concerned will be adequately
managed by the Secretary of the Navy or the Secretary
of the Air Force, as the case may be, in accordance
with the integrated natural resources management plan
for such lands under paragraph (3).
(C) For any period during which the Secretary of the
Interior has management responsibility under this
paragraph for lands withdrawn and reserved by this
section, the integrated natural resources management
plan for such lands under paragraph (3), including any
amendments to the plan, shall remain in effect, pending
the development of a management plan prepared pursuant
to the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.), in cooperation with the
Secretary of the Navy or the Secretary of the Air
Force.
(D) Assumption by the Secretary of the Interior
pursuant to this paragraph of management responsibility
for the natural and cultural resources of lands shall
not affect the use of such lands for military purposes,
and the Secretary of the Navy or the Secretary of the
Air Force, as the case may be, shall continue to direct
military activities on such lands.
(8) Payment for services.--The Secretary of the Navy
and the Secretary of the Air Force shall assume all
costs for implementation of an integrated natural
resources management plan under paragraph (3),
including payment to the Secretary of the Interior
under section 1535 of title 31, United States Code, for
any costs the Secretary of the Interior incurs in
providing goods or services to assist the Secretary of
the Navy or the Secretary of the Air Force, as the case
may be, in the implementation of the integrated natural
resources management plan.
(9) Definitions.--In this subsection:
(A) The term ``Indian tribe'' means an Indian
or Alaska Native tribe, band, nation, pueblo,
village, or community that the Secretary of the
Interior acknowledges to exist as an Indian
tribe pursuant to the Federally Recognized
Indian Tribe List Act of 1994 (25 U.S.C. 479 et
seq.).
(B) The term ``sacred site'' means any
specific, discrete, narrowly delineated
location on Federal land that is identified by
an Indian tribe, or its designee, as sacred by
virtue of its established religious
significance to, or ceremonial use by, an
Indian religion, but only to the extent that
the tribe or its designee, has informed the
Secretary of the Navy or the Secretary of the
Air Force of the existence of such site.
Neither the Secretary of the Department of
Defense, the Secretary of the Navy, the
Secretary of the Air Force, nor the Secretary
of the Interior shall be required under section
552 of title 5, United States Code, to make
available to the public any information
concerning the location, character, or use of
any traditional Indian religious or sacred site
located on lands withdrawn and reserved by this
subsection.
(c) Environmental Requirements.--
(1) During withdrawal and reservation.--Throughout
the duration of the withdrawal and reservation of lands
by this section[, including the duration of any renewal
or extension], and with respect both to the activities
undertaken by the Secretary of the Navy and the
Secretary of the Air Force on such lands and to all
activities occurring on such lands during such times as
the Secretary of the Navy and the Secretary of the Air
Force may exercise management jurisdiction over such
lands, the Secretary of the Navy and the Secretary of
the Air Force shall--
(A) be responsible for and pay all costs
related to the compliance of the Department of
the Navy or the Department of the Air Force, as
the case may be, with applicable Federal,
State, and local environmental laws,
regulations, rules, and standards;
(B) carry out and maintain in accordance with
the requirements of all regulations, rules, and
standards issued by the Department of Defense
pursuant to chapter 160 of title 10, United
States Code, relating to the Defense
Environmental Restoration Program, the joint
board on ammunition storage established under
section 172 of that title, and Executive Order
No. 12580, a program to address--
(i) any release or substantial threat
of release attributable to military
munitions (including unex-ploded
ordnance) and other constituents; and
(ii) any release or substantial
threat of release, regardless of its
source, occurring on or emanating from
such lands during the period of
withdrawal and reservation; and
(C) provide to the Secretary of the Interior
a copy of any report prepared by the Secretary
of the Navy or the Secretary of the Air Force,
as the case may be, pursuant to any Federal,
State, or local environmental law, regulation,
rule, or standard.
(2) Before relinquishment [or termination].--
(A) Environmental review.--(i) Upon notifying
the Secretary of the Interior that the
Secretary of the Navy or the Secretary of the
Air Force intends, pursuant to subsection (f),
to relinquish jurisdiction over lands withdrawn
and reserved by this section, the Secretary of
the Navy or the Secretary of the Air Force
shall provide to the Secretary of the Interior
an environmental baseline survey, military
range assessment, or other environmental review
characterizing the environmental condition of
the land, air, and water resources affected by
the activities undertaken by the Secretary of
the Navy or the Secretary of the Air Force, as
the case may be, on and over such lands.
(ii) If hazardous substances were stored for
one year or more, known to have been released
or disposed of, or if a substantial threat of
release exists, on lands referred to in clause
(i), any environmental review under that clause
shall include notice of the type and quantity
of such hazardous substances and notice of the
time during which such storage, release,
substantial threat of release, or disposal took
place.
(B) Memorandum of understanding.--(i) In
addition to any other requirements under this
section, the Secretary of the Navy, the
Secretary of the Air Force, and the Secretary
of the Interior may enter into a memorandum of
understanding to implement the environmental
remediation requirements of this section.
(ii) The memorandum of understanding under
clause (i) may include appropriate, technically
feasible, and mutually acceptable cleanup
standards that the concerned Secretaries
believe environmental remediation activities
shall achieve and a schedule for completing
cleanup activities to meet such standards.
(iii) Cleanup standards under clause (ii)
shall be consistent with any legally applicable
or relevant and appropriate standard,
requirement, criteria, or limitation otherwise
required by law.
(C) Environmental remediation.--With respect
to lands to be relinquished pursuant to
subsection (f), the Secretary of the Navy or
the Secretary of the Air Force shall take all
actions necessary to address any release or
substantial threat of release, regardless of
its source, occurring on or emanating from such
lands during the period of withdrawal and
reservation under this section. [To the extent
practicable, all such response actions shall be
taken before the termination of the withdrawal
and reservation of such lands under this
section.]
(D) Consultation.--If the Secretary of the
Interior accepts the relinquishment of
jurisdiction over any lands withdrawn and
reserved by this section before all necessary
response actions under this section have been
completed, the Secretary of the Interior shall
consult with the Secretary of the Navy or the
Secretary of the Air Force, as the case may be,
before undertaking or authorizing any
activities on such lands that may affect
existing releases, interfere with the
installation, maintenance, or operation of any
response action, or expose any person to a
safety or health risk associated with either
the releases or the response action being
undertaken.
(3) Responsibility and liability.--(A) The Secretary
of the Navy and the Secretary of the Air Force, and not
the Secretary of the Interior, shall be responsible for
and conduct the necessary remediation of all releases
or substantial threats of release, whether located on
or emanating from lands withdrawn and reserved by this
section, and whether known at the time of
relinquishment [or termination] or subsequently
discovered, attributable to management of the lands
withdrawn and reserved by this section by the Secretary
of the Navy or the Secretary of the Air Force, as the
case may be, or the use, management, storage, release,
treatment, or disposal of hazardous materials,
hazardous substances, hazardous wastes, pollutants,
contaminants, petroleum products and their derivatives,
military munitions, or other constituents on such lands
by the Secretary of the Navy or the Secretary of the
Air Force, as the case may be.
(B) Responsibility under subparagraph (A) shall
include liability for any costs or claims asserted
against the United States for activities referred to in
that subparagraph.
(C) Nothing in this paragraph is intended to prevent
the United States from bringing a cost recovery,
contribution, or other action against third persons or
parties the Secretary of the Navy or the Secretary of
the Air Force reasonably believes may have contributed
to a release or substantial threat of release.
(4) Other federal agencies.--If the Secretary of the
Navy or the Secretary of the Air Force delegates
responsibility or jurisdiction to another Federal
agency over, or permits another Federal agency to
operate on, lands withdrawn and reserved by this
section, the agency shall assume all responsibility and
liability described in paragraph (3) for their
activities with respect to such lands.
(5) Definitions.--In this subsection:
[(A)(i) The term ``military munitions''--
[(I) means all ammunition products
and components produced or used by or
for the Department of Defense or the
Armed Services for national defense and
security, including military munitions
under the control of the Department of
Defense, the Coast Guard, the
Department of Energy, and National
Guard personnel;
[(II) includes confined gaseous,
liquid, and solid propellants,
explosives, pyrotechnics, chemical and
riot control agents, smokes, and
incendiaries used by and for Department
of Defense components, including bulk
explosives and chemical warfare agents,
chemical munitions, rockets, guided and
ballistic missiles, bombs, warheads,
mortar rounds, artillery ammunition,
small arms ammunition, grenades, mines,
torpedoes, depth charges, cluster
munitions and dispensers, demolition
charges, and devices and components
thereof; and
[(III) includes nonnuclear components
of nuclear devices managed under the
nuclear weapons program of the
Department of Energy after all required
sanitization operations under the
Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.) have been completed.
[(ii) The term does not include wholly inert
items, improvised explosive devices, and
nuclear weapons, nuclear devices, and nuclear
components thereof.
[(B) The term ``unexploded ordnance'' means
military munitions that have been primed,
fused, armed, or otherwise prepared for action,
and have been fired, dropped, launched,
projected, or placed in such a manner as to
constitute a hazard or potential hazard, to
operations, installation, personnel, or
material, and remain unexploded either by
malfunction, design, or other cause.]
(A) The term ``military munitions'' has the
meaning given that term in section 101(e)(4) of
title 10, United States Code.
(B) The term ``unexploded ordnance'' has the
meaning given that term in section 101(e)(5) of
such title.
(C) The term ``other constituents'' means
potentially hazardous compounds, mixtures, or
elements that are released from military
munitions or unexploded ordnance or result from
other activities on military ranges.
(d) [Duration of Withdrawal and Reservations.--
[(1) In general.--Unless extended pursuant to
subsection (e), the withdrawal and reservation of lands
by this section shall terminate 25 years after the date
of the enactment of this Act, except as otherwise
provided in subsection (f)(4).
[(2) Opening.--On the date of the termination] Effect
of Relinquishment on Operation of General Land Laws._On
the date of relinquishment of the withdrawal and
reservation of lands by this section, such lands shall
not be open to any form of appropriation under the
general land laws, including the mining laws and the
mineral leasing and geothermal leasing laws, until the
Secretary of the Interior publishes in the Federal
Register an appropriate order stating the date upon
which such lands shall be restored to the public domain
and opened.
[(e) Extension of Initial Withdrawal and Reservation.--
[(1) In general.--Not later than three years before
the termination date of the initial withdrawal and
reservation of lands by this section, the Secretary of
the Navy and the Secretary of the Air Force shall
notify Congress and the Secretary of the Interior
concerning whether the Navy or Air Force, as the case
may be, will have a continuing military need, after
such termination date, for all or any portion of such
lands.
[(2) Duties regarding continuing military need.--(A)
If the Secretary of the Navy or the Secretary of the
Air Force determines that there will be a continuing
military need for any lands withdrawn by this section,
the Secretary of the Navy or the Secretary of the Air
Force, as the case may be, shall--
[(i) consult with the Secretary of the
Interior concerning any adjustments to be made
to the extent of, or to the allocation of
management responsibility for, such lands; and
[(ii) file with the Secretary of the
Interior, not later than one year after the
notice required by paragraph (1), an
application for extension of the withdrawal and
reservation of such lands.
[(B) The general procedures of the Department of the
Interior for processing Federal Land withdrawals
notwithstanding, any application for extension under
this paragraph shall be considered complete if it
includes the following:
[(i) The information required by section 3 of
the Engle Act (43 U.S.C. 157), except that no
information shall be required concerning the
use or development of mineral, timber, or
grazing resources unless, and to the extent,
the Secretary of the Navy or the Secretary of
the Air Force proposes to use or develop such
resources during the period of extension.
[(ii) A copy of the most recent public report
prepared in accordance with subsection (b)(5).
[(3) Legislative proposals.--The Secretary of the
Interior, the Secretary of the Navy, and the Secretary
of the Air Force shall ensure that any legislative
proposal for the extension of the withdrawal and
reservation of lands under this section is submitted to
Congress not later than May 1 of the year preceding the
year in which the existing withdrawal and reservation
would otherwise terminate under this section.]
(e) Periodic Determination of Continuing Military Need.--
Whenever an integrated natural resources management plan
covering the lands withdrawn and reserved under this section is
reviewed as to operation and effect as required by section
101(b)(3) of the Sikes Act (16 U.S.C. 670a(b)(2)), but not less
often than every five years, the Secretary of the Navy and the
Secretary of the Air Force shall include the Secretary's
determination regarding whether there will be a continuing
military need for any or all of the withdrawn and reserved
lands for the following five years.
(f) [Termination and] Relinquishment.--
(1) Notice of intent to relinquish.--At any time
during the withdrawal and reservation of lands under
this section, [but not later than three years before
the termination of the withdrawal and reservation,] if
the Secretary of the Navy or the Secretary of the Air
Force determines that there is no continuing military
need for lands withdrawn and reserved by this section,
or any portion of such lands, the Secretary of the Navy
or the Secretary of the Air Force, as the case may be,
shall notify the Secretary of the Interior of an intent
to relinquish jurisdiction over such lands, which
notice shall specify the proposed date of
relinquishment.
(2) Authority to accept relinquishment.--The
Secretary of the Interior may accept jurisdiction over
any lands covered by a notice of intent to relinquish
jurisdiction under this subsection if the Secretary of
the Interior determines that the Secretary of the Navy
or the Secretary of the Air Force has taken the
environmental response actions required under this
section.
(3) Order.--If the Secretary of the Interior accepts
jurisdiction over lands covered by a notice of intent
to relinquish jurisdiction under this subsection
[before the termination date of the withdrawal and
reservation of such lands under this section], the
Secretary of the Interior shall publish in the Federal
Register an appropriate order that shall--
(A) terminate the withdrawal and reservation
of such lands under this section;
(B) constitute official acceptance of
administrative jurisdiction over such lands by
the Secretary of the Interior; and
(C) state the date upon which such lands
shall be opened to the operation of the general
land laws, including the mining laws and the
mineral leasing and geothermal leasing laws, if
appropriate.
(4) Jurisdiction pending relinquishment.--(A)
[Notwithstanding the termination date, unless] Unless
and until the Secretary of the Interior accepts
jurisdiction of land proposed for relinquishment under
this subsection, or until the Administrator of General
Services accepts jurisdiction of such lands under the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 251 et seq.), such lands shall remain
under the jurisdiction of the Secretary of the Navy or
the Secretary of the Air Force, as the case may be, for
the limited purposes of--
(i) environmental response actions under this
section; and
(ii) continued land management
responsibilities pursuant to the integrated
natural resources management plan for such
lands under subsection (b)(3).
(B) For any land that the Secretary of the Interior
determines to be suitable for return to the public
domain, but does not agree with the Secretary of the
Navy or the Secretary of the Air Force that all
necessary environmental response actions under this
section have been taken, the Secretary of the Navy or
the Secretary of the Air Force, as the case may be, and
the Secretary of the Interior shall resolve the dispute
in accordance with any applicable dispute resolution
process.
(C) For any land that the Secretary of the Interior
determines to be unsuitable for return to the public
domain, the Secretary of the Interior shall immediately
notify the Administrator of General Services.
(5) Scope of functions.--All functions described
under this subsection, including transfers,
relinquishes, extensions, and other determinations, may
be made on a parcel-by-parcel basis.
(g) Delegations of Functions.--The functions of the Secretary
of the Interior under this section may be delegated, except
that the following determinations and decisions may be approved
and signed only by the Secretary of the Interior, the Deputy
Secretary of the Interior, an Assistant Secretary of the
Interior, or the Director, Bureau of Land Management:
(1) Decisions to accept transfer, relinquishment, or
jurisdiction of lands under this section and to open
such lands to operation of the public land laws.
(2) Decisions to transfer management responsibility
from or to a military department pursuant to subsection
(b)(7).
* * * * * * *
----------
FORT IRWIN MILITARY LAND WITHDRAWAL ACT OF 2001
* * * * * * *
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
* * * * * * *
TITLE XXIX--FORT IRWIN MILITARY LAND WITHDRAWAL
* * * * * * *
SEC. 2910. [DURATION OF WITHDRAWAL AND RESERVATION.--] EFFECT OF
RELINQUISHMENT ON OPERATION OF GENERAL LAND LAWS.
[(a) Termination Date.--Unless extended pursuant to section
2911, unless relinquishment is postponed by the Secretary of
the Interior pursuant to section 2912(b), and except as
provided in section 2912(d), the withdrawal and reservation
made by this title shall terminate 25 years after the date of
the enactment of this Act.
[(b) Limitation on Subsequent Availability for
Appropriation.--At the time of termination] On the date of
relinquishment of the withdrawal and reservation made by this
title, the previously withdrawn lands shall not be open to any
forms of appropriation under the general land laws, including
the mining laws and the mineral and geothermal leasing laws,
until the Secretary of the Interior publishes in the Federal
Register an appropriate order specifying the date upon which
such lands shall be restored to the public domain and opened.
[SEC. 2911. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.
[(a) Notification Requirement.--Not later than three years
before the termination date specified in section 2910(a), the
Secretary of the Army shall notify Congress and the Secretary
of the Interior whether the Army will have a continuing
military need, beyond the termination date, for all or any
portion of the lands withdrawn and reserved by this title.
[(b) Process for Extension of Withdrawal and Reservation.--
[(1) Consultation and application.--If the Secretary
of the Army determines that there will be a continuing
military need after the termination date for any of the
lands withdrawn and reserved by this title, the
Secretary of the Army shall--
[(A) consult with the Secretary of the
Interior concerning any adjustments to be made
to the extent of, or to the allocation of
management responsibility for, such needed
lands; and
[(B) file with the Secretary of the Interior,
within one year after the notice required by
subsection (a), an application for extension of
the withdrawal and reservation of such needed
lands.
[(2) Application requirements.--Notwithstanding any
general procedure of the Department of the Interior for
processing Federal land withdrawals, an application for
extension of the land withdrawal and reservation made
by this title shall be considered to be complete if the
application includes the information required by
section 3 of Public Law 85-337 (commonly known as the
Engle Act; 43 U.S.C. 157), except that no information
shall be required concerning the use or development of
mineral, timber, or grazing resources unless, and only
to the extent, the Secretary of the Army proposes to
use or develop such resources during the period of
extension.
[(c) Submission of Proposed Extension to Congress.--The
Secretary of the Interior and the Secretary of the Army may
submit to Congress a legislative proposal for the extension of
the withdrawal and reservation made by this title. The
legislative proposal shall be accompanied by an appropriate
analysis of environmental impacts associated with the proposal,
as required by section 102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332(2)(C)).]
SEC. 2911. DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL AND
RESERVATION AND PUBLIC REPORTS.
(a) Periodic Determination of Continuing Need.--Whenever an
integrated natural resources management plan covering the lands
withdrawn and reserved under this title is reviewed as to
operation and effect as required by section 101(b)(3) of the
Sikes Act (16 U.S.C. 670a(b)(2)), but not less often than every
five years, the Secretary of the Army shall include in the plan
the Secretary's determination regarding whether there will be a
continuing military need for any or all of the withdrawn and
reserved lands for the following five years.
(b) Public Reports.--
(1) Changes in land conditions.--(A) Concurrent with
each review of an integrated natural resources
management plan described in subsection (a), the
Secretary of the Army and the Secretary of the Interior
shall jointly prepare and issue a report describing any
changes in the condition of the lands withdrawn and
reserved by this title since the later of the date of
any previous report under this paragraph or the date of
the environmental analysis prepared to support the
actions that changed the condition of the lands.
(B) A report under subparagraph (A) shall include a
summary of current military use of the lands withdrawn
and reserved by this title, any changes in military use
of the lands since the previous report, and efforts
related to the management of natural and cultural
resources and environmental remediation of the lands
during the previous five years.
(2) Combination with other reports.--A report under
this subsection may be combined with, or incorporate by
reference, any contemporary report required by any
other provision of law regarding the lands withdrawn
and reserved by this title.
(3) Public review and comment.--(A) Before the
finalization of a report under this subsection, the
Secretary of the Army and the Secretary of the Interior
shall invite interested members of the public to review
and comment on the report, and shall hold at least one
public meeting concerning the report in a location or
locations reasonably accessible to persons who may be
affected by management of the lands withdrawn and
reserved by this title.
(B) Each public meeting under subparagraph (A) shall
be announced not less than 15 days before the date of
the meeting by advertisements in local newspapers of
general circulation, notices on the internet, including
the website of National Training Range, and any other
means considered necessary or desirable by the
Secretaries.
(4) Distribution of report.--The final version of a
report under this subsection shall be made available to
the public and submitted to the Committees on Armed
Services and Energy and Natural Resources of the Senate
and the Committees on Armed Services and Natural
Resources of the House of Representatives.
SEC. 2912. [TERMINATION AND] RELINQUISHMENT.
(a) Notice of Termination.--[During the first 22 years of the
withdrawal and reservation made by this title, if] If the
Secretary of the Army determines that there is no continuing
military need for the lands withdrawn and reserved by this
title, or any portion of such lands, the Secretary of the Army
shall submit to the Secretary of the Interior a notice of
intent to relinquish jurisdiction over such lands. The notice
shall specify the proposed date of relinquishment.
(b) Acceptance of Jurisdiction.--The Secretary of the
Interior may accept jurisdiction over any lands covered by a
notice under subsection (a) if the Secretary of the Interior
determines that the Secretary of the Army has taken or will
take all environmental response and restoration activities
required under applicable laws and regulations with respect to
such lands.
(c) Notice of Acceptance.--If the Secretary of the Interior
decides to accept jurisdiction over lands covered by a notice
under subsection (a) [before the termination date of the
withdrawal and reservation], the Secretary shall publish in the
Federal Register an appropriate order that shall--
(1) terminate the withdrawal and reservation of such
lands under this title;
(2) constitute official acceptance of administrative
jurisdiction over the lands by the Secretary of the
Interior; and
(3) state the date upon which such lands shall be
opened to the operation of the general land laws,
including the mining laws and the mineral and
geothermal leasing laws, if appropriate.
(d) Retained Army Jurisdiction.--[Notwithstanding the
termination date specified in section 2910, unless] Unless and
until the Secretary of the Interior accepts jurisdiction of
land proposed for relinquishment pursuant to this section, such
land shall remain withdrawn and reserved for the Secretary of
the Army for the limited purposes of environmental response and
restoration actions under section 2906 and continued land
management responsibilities pursuant to the integrated natural
resources management plan required under section 2904, until
such environmental response and restoration activities on those
lands are completed.
(e) Severability of Functions.--All functions described under
this section, including transfers, relinquishments, extensions,
and other determinations, may be made on a parcel-by-parcel
basis.
* * * * * * *
SEC. 2914. INTERGOVERNMENTAL EXECUTIVE COMMITTEE.
(a) Establishment and Purpose.--The Secretary of the Army and
the Secretary of the Interior shall establish, by memorandum of
understanding, an intergovernmental executive committee for the
sole purpose of exchanging views, information, and advice
relating to the management of the natural and cultural
resources of the lands withdrawn and reserved by this title.
(b) Composition.--
(1) Representatives of other federal agencies.--The
Secretary of the Army and the Secretary of the Interior
shall include representatives from interested Federal
agencies as members of the intergovernmental executive
committee.
(2) Representatives of state and local governments.--
The Secretary of the Army and the Secretary of the
Interior shall invite to serve as members of the
intergovernmental executive committee--
(A) at least one elected officer (or other
authorized representative) from the government
of the State of California; and
(B) at least one elected officer (or other
authorized representative) from each local
government and Indian tribal government in the
vicinity of the withdrawn and reserved lands,
as determined by the Secretaries.
(c) Operation.--The intergovernmental executive committee
shall operate in accordance with the terms set forth in the
memorandum of understanding under subsection (a).
(d) Procedures.--The memorandum of understanding under
subsection (a) shall establish procedures for creating a forum
for exchanging views, information, and advice relating to the
management of natural and cultural resources on the lands
withdrawn and reserved by this title, procedures for rotating
the chair of the intergovernmental executive committee, and
procedures for scheduling regular meetings, which shall occur
no less frequently than twice a year.
(e) Coordinator.--The Secretary of the Army, in consultation
with the Secretary of the Interior, shall appoint an individual
to serve as coordinator of the intergovernmental executive
committee. The duties of the coordinator shall be included in
the memorandum of understanding under subsection (a). The
coordinator shall not be a member of the committee.
(f) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) does not apply to the
intergovernmental executive committee.
* * * * * * *
----------
MILITARY LAND WITHDRAWALS ACT OF 2013
* * * * * * *
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
* * * * * * *
TITLE XXIX--WITHDRAWAL, RESERVATION, AND TRANSFER OF PUBLIC LANDS TO
SUPPORT MILITARY READINESS AND SECURITY
* * * * * * *
Subtitle A--General Provisions
* * * * * * *
[SEC. 2919. LIMITATION ON EXTENSIONS AND RENEWALS.
[The withdrawals and reservations established under this
title may not be extended or renewed except by a law enacted
after the date of enactment of this Act.
[SEC. 2920. APPLICATION FOR RENEWAL OF A WITHDRAWAL AND RESERVATION.
[To the extent practicable, not later than five years before
the date of termination of a withdrawal and reservation made by
a subtitle of this title, the Secretary concerned shall--
[(1) notify the Secretary of the Interior as to
whether the Secretary concerned will have a continuing
defense-related need for any of the land withdrawn and
reserved by that subtitle after the termination date of
the withdrawal and reservation; and
[(2) transmit a copy of the notice submitted under
paragraph (1) to--
[(A) the Committee on Armed Services and the
Committee on Energy and Natural Resources of
the Senate; and
[(B) the Committee on Armed Services and the
Committee on Natural Resources of the House of
Representatives.]
SEC. 2919. INTERGOVERNMENTAL EXECUTIVE COMMITTEE.
(a) Establishment and Purpose.--For the lands withdrawn and
reserved by sections 2931, 2941, and 2971, the Secretary
concerned and the Secretary of the Interior shall establish, by
memorandum of understanding, an intergovernmental executive
committee for each location for the sole purpose of exchanging
views, information, and advice relating to the management of
the natural and cultural resources of the withdrawn and
reserved lands.
(b) Composition.--
(1) Representatives of other federal agencies.--The
Secretary concerned and the Secretary of the Interior
shall include representatives from interested Federal
agencies as members of the intergovernmental executive
committee for a location covered by subsection (a).
(2) Representatives of state and local governments.--
The Secretary concerned and the Secretary of the
Interior shall invite to serve as members of the
intergovernmental executive committee for a location
covered by subsection (a)--
(A) at least one elected officer (or other
authorized representative) from the government
of the State in which the withdrawn and
reserved lands are located; and
(B) at least one elected officer (or other
authorized representative) from each local
government and Indian tribal government in the
vicinity of the withdrawn and reserved lands,
as determined by the Secretaries.
(c) Operation.--The intergovernmental executive committee for
a location covered by subsection (a) shall operate in
accordance with the terms set forth in the memorandum of
understanding under subsection (a).
(d) Procedures.--The memorandum of understanding under
subsection (a) shall establish procedures for creating a forum
for exchanging views, information, and advice relating to the
management of natural and cultural resources on the withdrawn
and reserved lands, procedures for rotating the chair of the
intergovernmental executive committee, and procedures for
scheduling regular meetings, which shall occur no less
frequently than twice a year.
(e) Coordinator.--The Secretary concerned, in consultation
with the Secretary of the Interior, shall appoint an individual
to serve as coordinator of the intergovernmental executive
committee for a location covered by subsection (a). The duties
of the coordinator shall be included in the memorandum of
understanding under subsection (a). The coordinator shall not
be a member of the committee.
(f) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) does not apply to an
intergovernmental executive committee for a location covered by
subsection (a).
SEC. 2920. DETERMINATION OF CONTINUING MILITARY NEED FOR WITHDRAWAL AND
RESERVATION AND PUBLIC REPORTS.
(a) Periodic Determination of Continuing Need.--Whenever an
integrated natural resources management plan covering the lands
withdrawn and reserved under a subtitle of this title is
reviewed as to operation and effect as required by section
101(b)(3) of the Sikes Act (16 U.S.C. 670a(b)(2)), but not less
often than every five years, the Secretary concerned shall
include in the plan the Secretary's determination regarding
whether there will be a continuing military need for any or all
of the withdrawn and reserved lands for the following five
years.
(b) Public Reports.--
(1) Changes in land conditions.--(A) Concurrent with
each review of an integrated natural resources
management plan described in subsection (a), the
Secretary concerned and the Secretary of the Interior
shall jointly prepare and issue a report describing any
changes in the condition of the lands covered by the
plan since the later of the date of any previous report
under this paragraph or the date of the environmental
analysis prepared to support the actions that changed
the condition of the lands.
(B) A report under subparagraph (A) shall include a
summary of current military use of the lands covered by
the plan, any changes in military use of the lands
since the previous report, and efforts related to the
management of natural and cultural resources and
environmental remediation of the lands during the
previous five years.
(2) Combination with other reports.--A report under
this subsection may be combined with, or incorporate by
reference, any contemporary report required by any
other provision of law regarding the lands addressed by
the report.
(3) Public review and comment.--(A) Before the
finalization of a report under this subsection, the
Secretary concerned and the Secretary of the Interior
shall invite interested members of the public to review
and comment on the report, and shall hold at least one
public meeting concerning the report in a location or
locations reasonably accessible to persons who may be
affected by management of the lands addressed by the
report.
(B) Each public meeting under subparagraph (A) shall
be announced not less than 15 days before the date of
the meeting by advertisements in local newspapers of
general circulation, notices on the internet, including
the website of the affected military range (if one
exists), and any other means considered necessary or
desirable by the Secretaries.
(4) Distribution of report.--The final version of a
report under this subsection shall be made available to
the public and submitted to the Committees on Armed
Services and Energy and Natural Resources of the Senate
and the Committees on Armed Services and Natural
Resources of the House of Representatives.
SEC. 2921. LIMITATION ON SUBSEQUENT AVAILABILITY OF LAND FOR
APPROPRIATION.
[On the termination of] On the relinquishment of a
withdrawal and reservation made by this title, the previously
withdrawn land shall not be open to any form of appropriation
under the public land laws, including the mining laws, the
mineral leasing laws, and the geothermal leasing laws, unless
the Secretary of the Interior publishes in the Federal Register
an appropriate order specifying the date on which the land
shall be--
(1) restored to the public domain; and
(2) opened for appropriation under the public land
laws.
SEC. 2922. RELINQUISHMENT.
(a) Notice of Intention To Relinquish.--If, during the period
of withdrawal and reservation made by a subtitle of this title,
the Secretary concerned decides to relinquish any or all of the
land withdrawn and reserved by that subtitle, the Secretary
concerned shall submit to the Secretary of the Interior notice
of the intention to relinquish the land.
(b) Determination of Contamination.--The Secretary concerned
shall include in the notice submitted under subsection (a) a
written determination concerning whether and to what extent the
land that is to be relinquished is contaminated with explosive
materials or toxic or hazardous substances.
(c) Public Notice.--The Secretary of the Interior shall
publish in the Federal Register the notice of intention to
relinquish the land under this section, including the
determination concerning the contaminated state of the land.
(d) Decontamination of Land To Be Relinquished.--
(1) Decontamination required.--The Secretary
concerned shall decontaminate land subject to a notice
of intention under subsection (a) to the extent that
funds are appropriated for that purpose, if--
(A) the land subject to the notice of
intention is contaminated, as determined by the
Secretary concerned; and
(B) the Secretary of the Interior, in
consultation with the Secretary concerned,
determines that--
(i) decontamination is practicable
and economically feasible, after taking
into consideration the potential future
use and value of the contaminated land;
and
(ii) on decontamination of the land,
the land could be opened to operation
of some or all of the public land laws,
including the mining laws, the mineral
leasing laws, and the geothermal
leasing laws.
(2) Alternatives to relinquishment.--The Secretary of
the Interior shall not be required to accept the land
proposed for relinquishment under subsection (a), if--
(A) the Secretary of the Interior, after
consultation with the Secretary concerned,
determines that--
(i) decontamination of the land is
not practicable or economically
feasible; or
(ii) the land cannot be
decontaminated sufficiently to be
opened to operation of some or all of
the public land laws; or
(B) sufficient funds are not appropriated for
the decontamination of the land.
(3) Status of contaminated land [on termination] upon
relinquishment.--If, because of the contaminated state
of the land, the Secretary of the Interior declines to
accept land withdrawn and reserved by this title that
has been proposed for relinquishment, [or if at the
expiration of the withdrawal and reservation,] the
Secretary of the Interior determines that a portion of
the land withdrawn and reserved is contaminated to an
extent that prevents opening the contaminated land to
operation of the public land laws--
(A) the Secretary concerned shall take
appropriate steps to warn the public of--
(i) the contaminated state of the
land; and
(ii) any risks associated with entry
onto the land;
(B) after the expiration of the withdrawal
and reservation, the Secretary concerned shall
undertake no activities on the contaminated
land, except for activities relating to the
decontamination of the land; and
(C) the Secretary concerned shall submit to
the Secretary of the Interior and Congress a
report describing--
(i) the status of the land; and
(ii) any actions taken under this
paragraph.
(e) Revocation Authority.--
(1) In general.--If the Secretary of the Interior
determines that it is in the public interest to accept
the land proposed for relinquishment under subsection
(a), the Secretary of the Interior may order the
revocation of a withdrawal and reservation made by this
title.
(2) Revocation order.--To carry out a revocation
under paragraph (1), the Secretary of the Interior
shall publish in the Federal Register a revocation
order that--
(A) terminates the withdrawal and
reservation;
(B) constitutes official acceptance of the
land by the Secretary of the Interior; and
(C) specifies the date on which the land will
be opened to the operation of some or all of
the public land laws, including the mining
laws, the mineral leasing laws, and the
geothermal leasing laws.
(f) Acceptance by Secretary of the Interior.--
(1) In general.--Nothing in this section requires the
Secretary of the Interior to accept the land proposed
for relinquishment if the Secretary determines that the
land is not suitable for return to the public domain.
(2) Notice.--If the Secretary makes a determination
that the land is not suitable for return to the public
domain, the Secretary shall provide notice of the
determination to Congress.
* * * * * * *
[SEC. 2936. DURATION OF WITHDRAWAL AND RESERVATION.
[The withdrawal and reservation of public land made by
section 2931 shall terminate on March 31, 2039.]
* * * * * * *
Subtitle C--Marine Corps Air Ground Combat Center Twentynine Palms,
California
* * * * * * *
[SEC. 2946. DURATION OF WITHDRAWAL AND RESERVATION.
[The withdrawal and reservation of public land made by
section 2941 shall terminate on March 31, 2039.]
* * * * * * *
Subtitle F--Naval Air Weapons Station China Lake, California
* * * * * * *
[SEC. 2979. DURATION OF WITHDRAWAL AND RESERVATION.
[The withdrawal and reservation of public land made by
section 2971 shall terminate on March 31, 2064.]
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
ADDITIONAL VIEWS
H.R. 4299 authorizes the indefinite withdrawal of certain
public lands used for military purposes. Throughout the
territorial United States, the Department of Defense (DOD) uses
millions of acres of public land administered by the Department
of Interior (DOI) for training, readiness and other military
purposes. Congress typically authorizes temporary withdrawals--
usually around 20 to 30 years--that provide the access required
by the military and ensure adequate oversight by the DOI and
the relevant resource management agency. At the termination of
the initial withdrawal period, a renewal or extension requires
approval from Congress and an environmental review pursuant to
the National Environmental Policy Act. While this process can
take several years and cost between $2-5 million per
installation, the review provides a critical opportunity for
public comment and environmental review. Military use of the
land can have significant impacts on wildlife, water and other
natural resources, which is why it is important to evaluate
resources conditions and identify opportunities to improve
ongoing management of public resources. Hitting the pause
button every twenty to twenty-five years to ensure adequate
stewardship of public lands presents a reasonable opportunity
cost.
However, Chairman Bishop views the review and approval
process as an unnecessary waste of time and taxpayer resources.
For years, he has fought to include language in several
versions of the NDAA to permanently transfer jurisdiction of
certain public lands from the DOI to DOD.
We appreciate his commitment to military readiness and
fiscal accountability, which is why we agreed to pass H.R. 4299
by unanimous consent. The bill is a compromise version of the
Chairman's previous efforts to change how DOD accesses public
land, but it has not received a hearing in the 115th Congress
or the opportunity for DOI to officially comment on the
proposal. We encourage the Senate to hold hearings and give
this proposal the serious consideration and scrutiny that it
deserves.
Raul M. Grijalva,
Ranking Member.
[all]
