II

106TH CONGRESS

1ST SESSION S. 1338

Entitled the ‘‘Military Lands Withdrawal Act of 1999’’.

IN THE SENATE OF THE UNITED STATES

JULY 1, 1999

Mr. MURKOWSKI (by request) introduced the following bill; which was read

twice and referred to the Committee on Energy and Natural Resources

A BILL

Entitled the ‘‘Military Lands Withdrawal Act of 1999’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Military Lands With5 drawal Act of 1999’’.

6 SEC. 2. CONGRESSIONAL DECLARATION OF POLICY.

7 The Congress declares it to be the policy of the

8 United States, as of the date of enactment of this Act,

9 that the public lands withdrawn and reserved by this Act

10 are necessary to ensure the preparedness of this Nation’s

11 armed forces. It is further the policy of the United States

12 that these public lands remain available for public use to
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1 the extent practicable, consistent with the military uses

2 for which this withdrawal and reservation is established.

3 Recognizing that these lands are withdrawn from all forms

4 of appropriation under the general land laws, and shall

5 be available for return to the public domain following their

6 period of military use, the statutory principles under

7 which public lands are managed by the Secretary of the

8 Interior shall be given due consideration during the period

9 of withdrawal and reservation.

10 SEC. 3. PUBLIC LAW 99–606 TERMINATION.

11 Except as otherwise provided, the withdrawals made

12 by Public Law 99–606 shall terminate upon enactment of

13 the Act.

14 TITLE I—NAVAL AIR STATION

15 FALLON RANGES, NEVADA

16 SEC. 101. WITHDRAWAL AND RESERVATION.

17 (a) WITHDRAWAL.—Subject to valid existing rights

18 and except as otherwise provided in this title—

19 (1) all lands and interests in lands within the

20 boundaries established at the B–16, B–17, B–19,

21 and B–20 Ranges, referred to in subsection (c) of

22 this section, are hereby withdrawn from all forms of

23 appropriation under the general land laws, including

24 the mining, mineral leasing and geothermal leasing

25 laws;
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1 (2) all lands and interests in lands within the

2 boundaries established at the Dixie Valley Training

3 Area, referred to in subsection (c) of this section,

4 are hereby withdrawn from all forms of appropria5 tion under the general land laws, including the min6 ing and geothermal leasing laws, but not the mineral

7 leasing laws; and

8 (3) jurisdiction over such lands and interest in

9 lands withdrawn and reserved by this title is hereby

10 transferred to the Secretary of the Navy.

11 (b) RESERVATION.—The lands withdrawn under sub12 section (a) of this section are reserved for use by the Sec13 retary of the Navy for:

14 (1) testing and training for aerial bombing,

15 missile firing, tactical maneuvering and air support,

16 and integrated air/ground training; and

17 (2) other defense-related purposes consistent

18 with the purposes specified in this subsection.

19 (c) LAND DESCRIPTION.—The public lands and in20 terests in lands withdrawn and reserved by this section

21 comprise approximately 204,953 acres of land in Churchill

22 County, Nevada, as generally depicted as ‘‘Proposed With23 drawal Land’’ and ‘‘Existing Withdrawals’’ on the map

24 entitled ‘‘Naval Air Station Fallon Ranges—Proposed

25 Withdrawal of Public Lands for Range Safety and Train-
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1 ing Purposes,’’ dated May 25, 1999, and filed in accord2 ance with section 2 of this title.

3 (d) RELATIONSHIP TO OTHER RESERVATIONS.—

4 (1) To the extent the withdrawal and reserva5 tion made by this title for the B–16 Range with6 draws lands currently withdrawn and reserved for

7 use by the Bureau of Reclamation, the reservation

8 made by this title shall be the primary reservation

9 for public safety management actions only and the

10 existing Bureau of Reclamation reservation shall be

11 primary for all other management actions.

12 (2) The Department of Energy shall remain re13 sponsible and liable for the subsurface estate and all

14 its activities at the ‘‘Shoal Site’’ withdrawn and re15 served by Public Land Order Number 2771, as

16 amended by Public Land Order Number 2834. The

17 Secretary of the Navy shall be responsible for the

18 management and use of the surface estate at the

19 ‘‘Shoal Site’’ pursuant to the withdrawal and res20 ervation made by this title.

21 (e) CHANGES IN USE.—The Secretary of the Navy

22 shall consult with the Secretary of the Interior prior to

23 using the lands withdrawn and reserved by this title for

24 any purpose other than those purposes identified in sub25 section (b) of this section.
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1 (f) INDIAN TRIBES.—Nothing in this title shall be

2 construed as altering any rights reserved for Indians by

3 treaty or Federal law.

4 SEC. 102. MAP AND LEGAL DESCRIPTION.

5 (a) PREPARATION OF MAPS AND LEGAL DESCRIP6 TION.—As soon as practicable after the effective date of

7 this Act, the Secretary of the Interior shall—

8 (1) publish in the Federal Register a notice

9 containing the legal description of the lands with10 drawn and reserved by this title; and

11 (2) file a map or maps and the legal description

12 of the lands withdrawn and reserved by this title

13 with the Committee on Energy and Natural Re14 sources of the United States Senate and with the

15 Committee on Resources of the United States House

16 of Representatives.

17 (b) LEGAL EFFECT.—Such legal description shall

18 have the same force and effect as if it were included in

19 this title: Provided, That the Secretary of the Interior may

20 correct clerical and typographical errors in such legal de21 scription. The maps filed under this section shall support

22 the legal description, without independent legal effect.

23 (c) AVAILABILITY.—Copies of the map or maps and

24 the legal description shall be available for public inspection

25 in the offices of the Nevada State Director and Carson
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1 City Field Office Manager of the Bureau of Land Manage2 ment and the Office of the Commander, Naval Air Station,

3 Fallon, Nevada.

4 (d) COSTS.—The Secretary of the Navy shall reim5 burse the Secretary of the Interior for the costs incurred

6 by the Secretary of the Interior in implementing this sec7 tion.

8 SEC. 103. MANAGEMENT OF WITHDRAWN AND RESERVED

9 LANDS.

10 (a) GENERAL MANAGEMENT AUTHORITY.—During

11 the period of withdrawal and reservation made by this

12 title, the Secretary of the Navy shall manage the lands

13 withdrawn and reserved by this title for the military pur14 poses specified in section 1 of this title, and in accordance

15 with the integrated natural resource management plan

16 prepared pursuant to subsection (c) of this section: Pro17 vided, however, That responsibility for natural and cultural

18 resources management and the enforcement of Federal

19 laws related thereto shall not transfer before the inte20 grated natural resources management plan as required by

21 subsection (c) of this section is completed or November

22 1, 2001, whichever comes first: And provided further, That

23 the Secretary of the Interior may, if appropriate, effect

24 the transfer of responsibility for natural and cultural re-
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1 sources to the Department of the Interior pursuant to sub2 section (i) of this section.

3 (b) ACCESS RESTRICTIONS.—

4 (1) If the Secretary of the Navy determines

5 that military operations, public safety, or national

6 security require the closure to the public of any

7 road, trail, or other portion of the lands withdrawn

8 and reserved by this title, the Secretary of the Navy

9 is authorized to take such action as the Secretary of

10 the Navy determines necessary or desirable to effect

11 and maintain such closure.

12 (2) Any such closure shall be limited to the

13 minimum areas and periods that the Secretary of

14 the Navy determines are required for the purposes

15 specified in this subsection. Prior to any non-emer16 gency closure not specified in the integrated natural

17 resources management plan required by subsection

18 (c) of this section, the Secretary of the Navy shall

19 consult with the Secretary of the Interior and, where

20 any such closure may affect tribal lands, treaty

21 rights, or sacred sites, the Secretary of the Navy

22 shall consult, at the earliest practicable time, with

23 affected Indian tribes.

24 (3) Immediately preceding and during any clo25 sure under this subsection, the Secretary of the
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1 Navy shall post appropriate warning notices and

2 take other steps, as necessary, to notify the public

3 of the closure.

4 (c) INTEGRATED NATURAL RESOURCES MANAGE5 MENT PLAN.—Within two (2) years of the date of enact6 ment of this title, the Secretary of the Navy and the Sec7 retary of the Interior shall jointly prepare an integrated

8 natural resources management plan for the lands with9 drawn and reserved by this title: Provided, however, That

10 any disagreement concerning the contents of the plan (or

11 any subsequent amendments to the plan) shall be resolved

12 by the Secretary of the Navy, after consultation with the

13 Secretary of the Interior through the State Director, Bu14 reau of Land Management and, as appropriate, the Re15 gional Director, United States Fish and Wildlife Service.

16 This authority may be delegated to the installation com17 mander. In all other respects, the plan shall be prepared

18 and implemented in accordance with the Sikes Act (16

19 U.S.C. § 670a et seq.) and the requirements of this section

20 and shall—

21 (1) include provisions for proper management

22 and protection of the natural and cultural resources,

23 and for sustainable use by the public of such re24 sources to the extent consistent with the military
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1 purposes for which the lands are withdrawn and re2 served;

3 (2) be developed in consultation with affected

4 Indian tribes and shall include provisions that ad5 dress how the Secretary of the Navy intends to—

6 (A) meet the United States’ trust respon7 sibilities with respect to Indian tribes, lands,

8 and rights reserved by treaty or Federal law af9 fected by the withdrawal and reservation;

10 (B) allow access to and ceremonial use of

11 Indian sacred sites to the extent consistent with

12 the military purposes for which the lands are

13 withdrawn and reserved; and

14 (C) provide for timely consultation with af15 fected Indian tribes;

16 (3) provide that any hunting, fishing, and trap17 ping on the lands withdrawn and reserved by this

18 title shall be conducted in accordance with the provi19 sions of 10 U.S.C. § 2671;

20 (4) provide for livestock grazing and agricul21 tural out-leasing, if appropriate, in accordance with

22 10 U.S.C. § 2667 and at the discretion of the Sec23 retary of the Navy;

24 (5) identify current test and target impact

25 areas and related buffer or safety zones;
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1 (6) provide that the Secretary of the Navy shall

2 take necessary actions to prevent, suppress, and

3 manage brush and range fires occurring within the

4 boundaries of the Naval Air Station Fallon Ranges,

5 as well as brush and range fires occurring outside

6 the boundaries of the Naval Air Station Fallon

7 Ranges resulting from military activities. Notwith8 standing the provisions of 10 U.S.C. § 2465, the

9 Secretary of the Navy may obligate funds appro10 priated or otherwise available to the Secretary to

11 enter into memoranda of understanding, cooperative

12 agreements, and contracts for fire fighting that shall

13 reimburse the Secretary of the Interior for costs in14 curred under this subsection;

15 (7) provide that all gates, fences, and barriers

16 constructed after the enactment of this title shall be

17 designed and erected to allow wildlife access, to the

18 extent practicable and consistent with military secu19 rity, safety, and sound wildlife management use;

20 (8) incorporate any existing management plans

21 pertaining to the lands withdrawn and reserved by

22 this title, to the extent that the Secretary of the

23 Navy and the Secretary of the Interior, upon review24 ing any such plans, mutually determine that incorpo-
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1 ration into a plan pursuant to this section is appro2 priate;

3 (9) include procedures to ensure that the peri4 odic reviews of the plan required by the Sikes Act

5 are conducted jointly by the Secretary of the Navy

6 and the Secretary of the Interior, and that affected

7 states and Indian tribes, and the public are provided

8 a meaningful opportunity to comment upon any sub9 stantial revisions to the plan that may be proposed;

10 and

11 (10) provide procedures to amend the plan as

12 necessary.

13 (d) MEMORANDA OF UNDERSTANDING AND COOPER14 ATIVE AGREEMENTS.—The Secretary of the Navy may

15 enter into memoranda of understanding or cooperative

16 agreements with the Secretary of the Interior or other ap17 propriate Federal, State, or local agencies, Indian tribes,

18 or other public or private organizations or institutions, as

19 necessary to implement the integrated natural resources

20 management plan prepared pursuant to this section. Any

21 memorandum of understanding or cooperative agreement

22 affecting integrated natural resources management may

23 be combined, where appropriate, with any other memo24 randum of understanding or cooperative agreement en25 tered into to implement this title, and shall not be subject
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1 to the provisions of the Federal Grant and Cooperative

2 Agreement Act of 1977 (31 U.S.C. §§ 6301–6308).

3 (e) MANAGEMENT OF MINERAL RESOURCES.—On

4 lands open to the operation of the mineral leasing laws,

5 the Secretary of the Interior shall manage all leasing of

6 mineral resources, in accordance with existing law.

7 (f) USE OF MINERAL MATERIALS.—Notwithstanding

8 any other provisions of this title or the Materials Act of

9 1947 (30 U.S.C. §§ 601 et seq.), the Secretary of the Navy

10 may use sand, gravel, or similar mineral material re11 sources of the type subject to disposition under the Mate12 rials Act from the lands withdrawn and reserved by this

13 title: Provided, That use of such resources is required for

14 construction needs of the Fallon Range Training Complex.

15 (g) PUBLIC REPORTS.—

16 (1) Concurrent with each review of the inte17 grated natural resources management plan pursuant

18 to paragraph (c)(9) of this section, the Secretary of

19 the Navy and the Secretary of the Interior shall

20 jointly prepare and issue a report describing changes

21 in the condition of the public lands withdrawn and

22 reserved by this title from the later of the date of

23 any previous report under this subsection or the date

24 of the environmental impact statement prepared to

25 support this title. In addition, this report shall in-
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1 clude a summary of current military use; any

2 changes in military use since he previous report; and

3 efforts related to the management of natural and

4 cultural resources and environmental remediation

5 during the previous five (5) years. This report may

6 be combined with any report required by the Sikes

7 Act. Any disagreements concerning the contents of

8 this report shall be resolved by the Secretary of the

9 Navy. This authority may be delegated to the instal10 lation commander.

11 (2) Prior to its finalization, the Secretary of the

12 Navy and the Secretary of the Interior shall invite

13 interested members of the public to review and com14 ment upon the report and shall hold at least one

15 public meeting concerning the report in a location or

16 locations reasonably accessible to those persons who

17 may be affected by management of the lands with18 drawn and reserved by this title. The public meeting

19 shall be announced no fewer than 15 days prior to

20 the meeting date by advertisements in local news21 papers of general circulation, by publishing an an22 nouncement in the Federal Register, and by any

23 other means deemed necessary.
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1 (3) Final reports shall be made available to the

2 public and submitted to appropriate committees of

3 Congress.

4 (h) INTERGOVERNMENTAL EXECUTIVE COM5 MITTEE.—Within two (2) years of the date of the enact6 ment of this title, the Secretary of the Navy and the Sec7 retary of the Interior shall, by memorandum of under8 standing, establish an intergovernmental executive com9 mittee, comprised of selected representatives from inter10 ested Federal agencies, as well as elected officers (or other

11 authorized representatives) from State governments and

12 elected officers (or other authorized representatives) from

13 such local and tribal governments as may be designated

14 at the discretion of the Secretary of the Navy and the Sec15 retary of the Interior. The intergovernmental executive

16 committee shall be established solely for the purposes of

17 exchanging views, information, and advice relating to the

18 management of natural and cultural resources on the af19 fected public lands. The intergovernmental executive com20 mittee shall operate in accordance with the terms set forth

21 in a memorandum of understanding that shall specify

22 those Federal agencies and elected officers or representa23 tives of State, local, and tribal governments to be invited

24 to participate. The memorandum of understanding shall

25 establish procedures for creating a forum for exchanging
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1 views, information, and advice relating to the management

2 of natural and cultural resources on affected public lands,

3 procedures for rotating the Chair of the intergovernmental

4 executive committee, and procedures for scheduling reg5 ular meetings. The Secretary of the Navy may, in con6 sultation with the Secretary of the Interior, appoint an

7 individual to serve as Committee Coordinator. The duties

8 of the Coordinator shall be included in the memorandum

9 of understanding. The Coordinator shall not be a member

10 of the committee.

11 (i) TRANSFER OF MANAGEMENT RESPONSIBILITY.—

12 (1) If the Secretary of the Interior determines

13 that the Secretary of the Navy has failed to manage

14 the lands withdrawn and reserved by this title for

15 military purposes in accordance with the integrated

16 natural resource management plan, and that the

17 failure to do so is resulting in significant degrada18 tion of the natural or cultural resources of such

19 lands, the Secretary of the Interior shall give the

20 Secretary of the Navy written notice of such deter21 mination, a description of the deficiencies in the

22 management practices by the Secretary of the Navy,

23 and an explanation of the methodology employed in

24 reaching the determination. Within 60 days of the

25 date such notification is received, the Secretary of
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1 the Navy shall submit a response to the Secretary

2 of the Interior, which response may include a plan

3 of action for addressing any identified deficiencies in

4 the conduct of management responsibility and for

5 preventing further significant degradation of the

6 natural or cultural resources. If, no earlier than

7 three months after the date the notification is re8 ceived, the Secretary of the Interior determines that

9 the deficiencies are not being corrected, and that

10 significant degradation of the natural or cultural re11 sources is continuing, then the Secretary of the Inte12 rior may effect transfer of the management responsi13 bility for the natural and cultural resources of such

14 lands from the Secretary of the Navy to the Sec15 retary of the Interior, in accordance with a schedule

16 for such transfer to be established by the Secretary

17 of the Interior.

18 (2) After a transfer of management responsi19 bility pursuant to paragraph (1) of this section, the

20 Secretary of the Interior may transfer management

21 responsibility back to the Secretary of the Navy if

22 the Secretary of the Interior determines that ade23 quate procedures and plans have been established to

24 ensure that the lands withdrawn and reserved would

25 be adequately managed by the Secretary of the Navy
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1 in accordance with the integrated natural resources

2 management plan.

3 (3) For any period during which the Secretary

4 of the Interior has management responsibility for

5 the lands withdrawn and reserved pursuant to this

6 section, the integrated natural resources manage7 ment plan established pursuant to subsection (c) of

8 this section, including any amendments to the plan,

9 shall remain in effect, pending the development of

10 a management plan prepared pursuant to the Fed11 eral Land Policy and Management Act of 1976, in

12 cooperation with the Secretary of the Navy.

13 (4) Assumption by the Secretary of the Interior

14 pursuant to this subsection of management responsi15 bility for the natural and cultural resources of the

16 land withdrawn and reserved shall not affect the use

17 of these lands for military purposes, and the Sec18 retary of the Navy shall continue to direct military

19 activities on these lands.

20 (j) PAYMENT FOR SERVICES.—The Secretary of the

21 Navy shall assume all costs for implementation of the inte22 grated natural resources management plan, including pay23 ment to the Secretary of the Interior under section 1535

24 of title 31, United States Code, for any costs the Secretary

25 of the Interior incurs in providing goods or services to as-
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1 sist the Secretary of the Navy in the implementation of

2 the integrated natural resources management plan.

3 (k) DEFINITIONS.—For the purposes of this Title:

4 (1) The term ‘‘Indian tribe’’ means an Indian

5 or Alaska Native tribe, band, nation, pueblo, village,

6 or community that the Secretary of the Interior ac7 knowledges to exist as an Indian tribe pursuant to

8 the Federally Recognized Indian Tribe List Act of

9 1994.

10 (2) The term ‘‘sacred site’’ means any specific,

11 discrete, narrowly delineated location on Federal

12 land that is identified by an Indian tribe, or its des13 ignee, as sacred by virtue of its established religious

14 significance to, or ceremonial use by, an Indian reli15 gion, but only to the extent that the tribe or its des16 ignee has informed the Secretary of the Navy of the

17 existence of such a site. Neither the Secretary of the

18 Department of Defense, the Secretary of the Navy,

19 nor the Secretary of the Interior shall be required

20 under 5 U.S.C. § 552 to make available to the public

21 any information concerning the location, character,

22 or use of any traditional Indian religious or sacred

23 site located on lands withdrawn and reserved by this

24 title.
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1 SEC. 104. WATER RIGHTS.

2 (a) Nothing in this title shall be construed to estab3 lish a reservation in favor of the United States with re4 spect to any water or water right on the lands withdrawn

5 and reserved by this title.

6 (b) This section may not be construed to affect any

7 water rights acquired by the United States before the date

8 of the enactment of this Act.

9 SEC. 105. ENVIRONMENTAL REQUIREMENTS.

10 (a) DURING WITHDRAWAL AND RESERVATION.—

11 Throughout the duration of the withdrawal and reserva12 tion made by this title (including the duration of any re13 newal or extension), and with respect both to those activi14 ties undertaken by the Secretary of the Navy on the lands

15 withdrawn and reserved by this title and to all activities

16 occurring on such lands during such times as the Sec17 retary of the Navy may exercise management jurisdiction

18 over the lands withdrawn and reserved by this title, the

19 Secretary of the Navy shall—

20 (1) be responsible for and pay all costs related

21 to, the Department of the Navy’s compliance with

22 applicable Federal, State, and local environmental

23 laws, regulations, rules, and standards;

24 (2) carry out and maintain in accordance with

25 the requirements of all regulations, rules, and stand26 ards issued by the Department of Defense pursuant
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1 to its authorities under the Defense Environmental

2 Restoration Program (10 U.S.C. §§ 2701 et seq.),

3 the Department of Defense Explosives Safety Board

4 (10 U.S.C. § 172), and Executive Order 12580, a

5 program to address:

6 (A) any release or a substantial threat of

7 a release attributable to military munitions (in8 cluding unexploded ordnance) an other constitu9 ents, and

10 (B) any release or a substantial threat of

11 a release, regardless of its source, occurring on

12 or emanating from the lands withdrawn and re13 served by this title during the period of with14 drawal and reservation; and

15 (3) provide to the Secretary of the Interior a

16 copy of any report prepared by the Secretary of the

17 Navy pursuant to any Federal, State, or local envi18 ronmental laws, regulations, rules, and standards.

19 (b) PRIOR TO RELINQUISHMENT OR TERMI20 NATION.—

21 (1) ENVIRONMENTAL REVIEW.—Upon notifying

22 the Secretary of the Interior that the Secretary of

23 the Navy intends, pursuant to section 8 of this title,

24 to relinquish jurisdiction over the lands withdrawn

25 and reserved by this title, the Secretary of the Navy
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1 shall provide to the Secretary of the Interior an en2 vironmental baseline survey, military range assess3 ment, or other environmental review characterizing

4 the environmental condition of the land, air, and

5 water resources affected by the activities undertaken

6 by the Secretary of the Navy on and over the lands

7 withdrawn and reserved by this title. If hazardous

8 substances were stored for one (1) year or more,

9 known to have been released or disposed of, or if a

10 substantial threat of a release exists, on the lands

11 withdrawn and reserved by this title, any such envi12 ronmental review shall include notice of the type and

13 quantity of such hazardous substances, and notice of

14 the time during which such storage, release, sub15 stantial threat of a release, or disposal took place.

16 (2) MEMORANDUM OF UNDERSTANDING.—In

17 addition to the provisions of this section, the Sec18 retary of the Navy and the Secretary of the Interior

19 may enter into a memorandum of understanding to

20 implement the environmental remediation require21 ments of this title. This memorandum of under22 standing may include appropriate, technically fea23 sible, and mutually acceptable cleanup standards

24 that both Secretaries believe environmental remedi25 ation activities shall achieve, as well as a schedule
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1 for completing such activities: Provided, That such

2 cleanup standards shall be consistent with any le3 gally applicable or relevant and appropriate stand4 ard, requirement, criteria, or limitation otherwise re5 quired by law.

6 (3) ENVIRONMENTAL REMEDIATION.—With re7 spect to lands to be relinquished pursuant to section

8 8 of this title, the Secretary of the Navy shall take

9 all actions necessary to address any release or sub10 stantial threat of a release, regardless of its source,

11 occurring on or emanating from such lands during

12 the period of withdrawal and reservation effected by

13 this Act. To the extent practicable, all such response

14 actions shall be taken before the termination of such

15 withdrawal and reservation.

16 (4) CONSULTATION.—If the Secretary of the

17 Interior accepts the relinquishment of jurisdiction

18 over any of the lands withdrawn and reserved by

19 this title before all necessary response actions have

20 been completed, the Secretary of the Interior shall

21 consult with the Secretary of the Navy before under22 taking or authorizing any activities on the with23 drawn and reserved lands that may affect existing

24 releases, interfere with the installation, maintenance,

25 or operation of any response action or expose any
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1 person to a safety or health risk associated with ei2 ther the release or the response action being under3 taken.

4 (c) RESPONSIBILITY AND LIABILITY.—The Secretary

5 of the Navy, and not the Secretary of the Interior, shall

6 be responsible for and conduct the necessary remediation

7 of all releases or substantial threats of release, whether

8 located on or emanating from lands withdrawn and re9 served by this title, and whether known at the time of re10 linquishment or termination or subsequently discovered,

11 attributable to either the Secretary of the Navy’s manage12 ment of the lands withdrawn and reserved by this title,

13 or the use, management, storage, release, treatment, or

14 disposal of hazardous materials, hazardous substances,

15 hazardous wastes, pollutants, contaminants, petroleum

16 products and their derivatives, military munitions, or

17 other constituents on the lands withdrawn and reserved

18 by this title. This responsibility shall include the liability

19 for any costs or claims asserted against the United States

20 for such activities. Nothing in this paragraph is intended

21 to prevent the United States from bringing a cost recov22 ery, contribution, or other action against third persons or

23 parties the Secretary of the Navy reasonably believes may

24 have contributed to a release or substantial threat of a

25 release.
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1 (d) OTHER FEDERAL AGENCIES.—If the Secretary

2 of the Navy delegates responsibility or jurisdiction to an3 other Federal agency, or permits another Federal agency

4 to operate on the lands withdrawn and reserved by this

5 title, the Secretary of the Navy shall retain all responsi6 bility and liability described in subsection (c) of this sec7 tion that is not assumed by that Federal agency to whom

8 the Secretary of the Navy has granted responsibility, juris9 diction or permission.

10 (e) DEFINITIONS.—For the purposes of this Title:

11 (1) The term ‘‘military munitions’’ means all

12 ammunition products and components produced or

13 used by or for the U.S. Department of Defense or

14 the U.S. Armed Services for national defense and se15 curity, including military munitions under the con16 trol of the Department of Defense, the U.S. Coast

17 Guard, the U.S. Department of Energy and Na18 tional Guard personnel. The term military munitions

19 includes: confined gaseous, liquid, and solid propel20 lants, explosives, pyrotechnics, chemical and riot

21 control agents, smokes, and incendiaries used by and

22 for Department of Defense components, including

23 bulk explosives and chemical warfare agents, chem24 ical munitions, rockets, guided and ballistic missiles,

25 bombs, warheads, mortar rounds, artillery ammuni-
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1 tion, small arms ammunition, grenades, mines, tor2 pedoes, depth charges, cluster munitions and dis3 pensers, demolition charges, and devices and compo4 nents thereof. Military munitions do not include

5 wholly inert items, improvised explosive devices and

6 nuclear weapons, nuclear devices, and nuclear com7 ponents thereof. However, the term does include

8 non-nuclear components of nuclear devices, managed

9 under Department of Energy’s nuclear weapons pro10 gram after all required sanitation operations under

11 the Atomic Energy Act of 1954, as amended, have

12 been completed.

13 (2) The term ‘‘unexploded ordnance’’ means

14 military munitions that have been primed, fused,

15 armed, or otherwise prepared for action, and have

16 been fired, dropped, launched, projected, or placed in

17 such a manner as to constitute a hazard or potential

18 hazard, to operations, installation, personnel, or ma19 terial, and remain unexploded either by malfunction,

20 design or any other cause.

21 (3) The term ‘‘other constituents’’ means po22 tentially hazardous compounds, mixtures, or ele23 ments that are located on or originate from closed,

24 transferred or transferring ranges and are released
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1 from military munitions or unexploded ordnance, or

2 resulted from other activities on military ranges.

3 SEC. 106. DURATION OF WITHDRAWAL AND RESERVATION.

4 (a) Unless extended pursuant to section 7 of this

5 title, the withdrawal and reservation made by this title

6 shall terminate 25 years after the date of the enactment

7 of this Act, except as otherwise provided in subsection 8(d)

8 of this title.

9 (b) At the date of termination, the previously with10 drawn lands shall not be open to any forms of appropria11 tion under the general land laws, including the mining,

12 mineral leasing, and geothermal leasing laws, until the

13 Secretary of the Interior publishes in the Federal Register

14 an appropriate order that shall state the date upon which

15 such lands shall be restored to the public domain and

16 opened.

17 SEC. 107. EXTENSION OF INITIAL WITHDRAWAL AND RES18 ERVATION.

19 (a) Not later than three (3) years prior to the termi20 nation date of the initial withdrawal and reservation made

21 by this title, the Secretary of the Navy shall notify Con22 gress and the Secretary of the Interior concerning whether

23 the Navy will have a continuing military need, beyond the

24 termination date of such withdrawal, for all or any portion

25 of the lands withdrawn.
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1 (b) If the Secretary of the Navy determines that there

2 will be a continuing military need for any of the lands

3 withdrawn by this title, the Secretary of the Navy shall:

4 (1) consult the Secretary of the Interior con5 cerning any adjustments to be made to the areal ex6 tent of, or to the allocation of management responsi7 bility for, such needed lands; and

8 (2) file with the Secretary of the Interior, with9 in one (1) year after the notice required by sub10 section (a) of this section, an application for exten11 sion of the withdrawal and reservation of such need12 ed lands. The Department of the Interior’s general

13 procedures for processing Federal land withdrawals

14 notwithstanding, any application for extension under

15 this title shall be considered complete if it includes

16 the following:

17 (A) the information required by section 3

18 of the Engle Act (43 U.S.C. § 157), except that

19 no information shall be required concerning the

20 use or development of mineral, timber, or graz21 ing resources unless, and only to the extent, the

22 Secretary of the Navy proposes to use or de23 velop such resources during the period of exten24 sion; and
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1 (B) a copy of the most recent public report

2 prepared in accordance with subsection 3(g) of

3 this title.

4 (c) The Secretary of the Interior and the Secretary

5 of the Navy shall ensure that any legislative proposal for

6 the extension of the withdrawal and reservation is sub7 mitted to Congress no later than May 1 of the year pre8 ceding the year in which the existing withdrawal and res9 ervation would otherwise terminate.

10 SEC. 108. TERMINATION AND RELINQUISHMENT.

11 (a) At any time during the withdrawal and reserva12 tion but not later than three (3) years prior to the termi13 nation date of the withdrawal and reservation effected by

14 this title, if the Secretary of the Navy determines that

15 there is no continuing military need for the lands with16 drawn and reserved by this title, or any portion of these

17 lands, the Secretary of the Navy shall notify the Secretary

18 of the Interior of an intention to relinquish jurisdiction

19 over such lands, which notice shall specify the proposed

20 date of relinquishment.

21 (b) The Secretary of the Interior may accept jurisdic22 tion over any lands covered by a notice of intention to re23 linquish jurisdiction under this section if the Secretary of

24 the Interior determines that the Secretary of the Navy has
29

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1 taken the environmental response actions required under

2 section 5 of this title.

3 (c) If the Secretary of the Interior accepts jurisdic4 tion over lands covered by a notice of intention to relin5 quish jurisdiction under this section before the termi6 nation date of withdrawal and reservation, the Secretary

7 of the Interior shall publish in the Federal Register an

8 appropriate order that shall—

9 (1) terminate the withdrawal and reservation of

10 such lands under this title;

11 (2) constitute official acceptance of administra12 tive jurisdiction over the lands by the Secretary of

13 the Interior; and

14 (3) state the date upon which such lands shall

15 be opened to the operation of the general land laws,

16 including the mining, mineral leasing and geo17 thermal leasing laws, if appropriate.

18 (d)(1) Notwithstanding the termination date, unless

19 and until the Secretary of the Interior accepts jurisdiction

20 of land proposed for relinquishment pursuant to this sec21 tion or until the Administrator, General Services Adminis22 tration accepts jurisdiction of such lands under the Fed23 eral Property and Administrative Services Act of 1949 (40

24 U.S.C. §§ 251 et seq.), such land shall remain under the
30

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1 jurisdiction of the Secretary of the Navy for the limited

2 purposes of—

3 (A) environmental response actions under sec4 tion 5 of this title; and

5 (B) continued land management responsibilities

6 pursuant to the integrated natural resources man7 agement plan under section 3 of this title.

8 (2) For any land that the Secretary of the Interior

9 determines to be suitable for return to the public domain,

10 but does not agree with the Secretary of the Navy that

11 all necessary environmental response actions under section

12 5 of this title have been taken, the Secretary of the Navy

13 and the Secretary of the Interior shall resolve the dispute

14 in accordance with any applicable dispute resolution proc15 ess.

16 (3) For any land that the Secretary of the Interior

17 determines to be unsuitable for return to the public do18 main, the Secretary of the Interior shall immediately no19 tify the Administrator, General Services Administration.

20 (e) All functions described under this section, includ21 ing transfers, relinquishments, extensions and other deter22 minations, may be made on a parcel-by-parcel basis.
31

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1 SEC. 109. DELEGATIONS OF AUTHORITY.

2 (a) SECRETARY OF THE NAVY.—Except as may oth3 erwise be provided in this title, the functions of the Sec4 retary of the Navy under this title may be delegated.

5 (b) SECRETARY OF THE INTERIOR.—The functions

6 of the Secretary of the Interior under this title may be

7 delegated, except that the following determinations and

8 decisions may be approved and signed only by the Sec9 retary of the Interior, the Deputy Secretary of the Inte10 rior, an Assistant Secretary of the Interior, or the Direc11 tor, Bureau of Land Management:

12 (1) decisions to accept transfer, relinquishment,

13 or jurisdiction for any lands under this title and to

14 open lands to operation of the public land laws; and

15 (2) decisions to transfer management responsi16 bility from or to a military department pursuant to

17 subsection 3(i) of this title.

18 SEC. 110. AUTHORIZATION OF APPROPRIATIONS.

19 There are hereby authorized to be appropriated such

20 sums as may be necessary to carry out the purposes of

21 this title.

22 TITLE II—NELLIS AIR FORCE

23 RANGE, NEVADA

24 SEC. 201. WITHDRAWALS AND RESERVATIONS.

25 (a) UNITED STATES DEPARTMENT OF THE AIR

26 FORCE.—
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1 (1) WITHDRAWAL.—Subject to valid existing

2 rights and except as otherwise provided in this title,

3 all lands and interests in lands within the bound4 aries established at the Nellis Air Force Range, re5 ferred to in subsection (d) of this section, are hereby

6 withdrawn from all forms of appropriation under the

7 general land laws, including the mining, mineral

8 leasing and geothermal leasing laws, and, except as

9 provided in subsection 3(a) of this section, jurisdic10 tion over such lands and interests in lands with11 drawn and reserved by this title is hereby trans12 ferred to the Secretary of the Air Force.

13 (2) RESERVATION.—The lands withdrawn

14 under subsection (a) of this section are reserved

15 for use by the Secretary of the Air Force for—

16 (A) an armament and high-hazard

17 testing area;

18 (B) training for aerial gunnery, rock19 etry, electronic warfare, and tactical ma20 neuvering and air support;

21 (C) equipment and tactics develop22 ment and testing; and

23 (D) other defense-related purposes

24 consistent with the purposes specified in

25 this paragraph.
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1 (b) UNITED STATES DEPARTMENT OF ENERGY.—

2 (1) REVOCATION.—Public Land Order Number

3 1662, published in the Federal Register June 26,

4 1958, is hereby revoked in its entirety.

5 (2) WITHDRAWAL.—Subject to valid existing

6 rights, all lands within the boundary of the area la7 beled ‘‘Pahute Mesa’’ as generally depicted on the

8 map entitled ‘‘Nevada Test and Training Range,

9 Proposed Withdrawal Extension’’, dated April 22,

10 1999, are hereby withdrawn from all forms of appro11 priation under the general land laws, including the

12 mining, mineral leasing and geothermal leasing laws.

13 (3) RESERVATION.—The lands withdrawn

14 under paragraph (b)(2) of this section are reserved

15 for use by the Secretary of the Department of En16 ergy as an integral part of the Nevada Test Site.

17 Except as provided in section 5 of this title, other

18 provisions of this title do not apply to the land with19 drawn and reserved under this subsection.

20 (c) UNITED STATES DEPARTMENT OF THE INTE21 RIOR.—Notwithstanding the Desert National Wildlife

22 Range withdrawal and reservation made by Executive

23 Order Number 7373, dated May 20, 1936, as amended

24 by Public Land Order Number 4079, dated August 26,

25 1966, and Public Land Order 7070, dated August 4,
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1 1994, those lands depicted as impact areas on the map

2 entitled ‘‘Nevada Test and Training Range, South Range

3 Impact Areas’’, dated April 22, 1999, are, upon comple4 tion of the transfer authorized in paragraph 4(c)(2) of this

5 title, transferred to the primary jurisdiction of the Depart6 ment of the Air Force, which shall manage those lands

7 in accordance with the memorandum of understanding ref8 erenced in section 4 of this title. The Secretary of the Inte9 rior shall retain secondary jurisdiction over such lands for

10 wildlife conservation purposes.

11 (d) LAND DESCRIPTION.—The public lands and in12 terests in lands withdrawn and reserved by subsections (a)

13 and (b) of this section comprise approximately 2,919,890

14 acres of land in Clark, Lincoln, and Nye Counties, Ne15 vada, as generally depicted on the map entitled ‘‘Nevada

16 Test and Training Range, Proposed Withdrawal Exten17 sion’’, dated April 22, 1999, and filed in accordance with

18 section 2 of this title.

19 (e) CHANGES IN USE.—The Secretary of the Air

20 Force shall consult with the Secretary of the Interior prior

21 to using the lands withdrawn and reserved by this title

22 for any purpose other than those purposes identified in

23 paragraph (a)(2) of this section, except that there shall

24 be no such other use of withdrawn lands within the Desert

25 National Wildlife Range.
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1 (f) INDIAN TRIBES.—Nothing in this title shall be

2 construed as altering any rights reserved for Indians by

3 treaty or Federal law.

4 (g) TERMINATION OF WITHDRAWALS.—The return

5 to the Secretary of the Interior of any lands withdrawn

6 by Public Law 99–606 and not withdrawn by either sub7 section 1(a) or subsection 1(b) of this title shall be proc8 essed according to the provisions of sections 5 and 8 of

9 this title.

10 SEC. 202. MAP AND LEGAL DESCRIPTION.

11 (a) PREPARATION OF MAPS AND LEGAL DESCRIP12 TION.—As soon as practicable after the effective date of

13 this Act, the Secretary of the Interior shall:

14 (1) publish in the Federal Register a notice

15 containing the legal description of the lands with16 drawn and reserved by this title; and

17 (2) file a map or maps and the legal description

18 of the lands withdrawn and reserved by this title

19 with the Committee on Energy and Natural Re20 sources of the United States Senate and with the

21 Committee on Resources of the United States House

22 of Representatives.

23 (b) LEGAL EFFECT.—Such legal description shall

24 have the same force and effect as if it were included in

25 this title: Provided, That the Secretary of the Interior may
36

S 1338 IS

1 correct clerical and typographical errors in such legal de2 scription. The maps filed under this section shall support

3 the legal description, without independent legal effect.

4 (c) AVAILABILITY.—Copies of the map or maps and

5 the legal description shall be available for public inspection

6 in the offices of the Nevada State Director and Las Vegas

7 Field Office Manager of the Bureau of Land Management

8 and the Office of the Commander, Nellis Air Force Base,

9 Nevada.

10 (d) COSTS.—The Secretary of the Air Force shall re11 imburse the Secretary of the Interior for the costs in12 curred by the Secretary of the Interior in implementing

13 this section.

14 SEC. 203. MANAGEMENT OF WITHDRAWN AND RESERVED

15 LANDS.

16 (a) GENERAL MANAGEMENT AUTHORITY.—During

17 the period of withdrawal and reservation made by this

18 title, the Secretary of the Air Force shall manage the

19 lands withdrawn and reserved by this title for the military

20 purposes specified in section 1(a) of this title, and in ac21 cordance with the integrated natural resource manage22 ment plan prepared pursuant to subsection (c) of this sec23 tion: Provided, however, That responsibility for natural

24 and cultural resources management and the enforcement

25 of Federal laws related thereto shall not transfer before
37

S 1338 IS

1 the integrated natural resources management plan a re2 quired by subsection (c) of this section is completed or

3 November 1, 2001, which ever comes first: And provided

4 further, That the Secretary of the Interior may, if appro5 priate, effect the transfer of responsibility for natural and

6 cultural resources to the Department of the Interior pur7 suant to subsection (i) of this section: Provided further,

8 That the Secretary of the Interior shall exercise adminis9 trative jurisdiction over the Desert National Wildlife

10 Range (except for those lands referred to in subsection

11 1(c) of this title), through the United States Fish and

12 Wildlife Service in accordance with the National Wildlife

13 Refuge System Administration Act (16 U.S.C. § 668dd–

14 ee), as amended, this title, and other laws applicable to

15 the National Wildlife Refuge System.

16 (b) ACCESS RESTRICTIONS.—

17 (1) Except for lands within the Desert National

18 Wildlife Range for which the Secretary of the Inte19 rior retains primary jurisdiction, if the Secretary of

20 the Air Force determines that military operations,

21 public safety, or national security require the closure

22 to the public of any road, trail, or other portion of

23 the lands withdrawn and reserved by section 1(a) of

24 this title, the Secretary of the Air Force is author25 ized to take such action as the Secretary of the Air
38

S 1338 IS

1 Force determines necessary or desirable to effect

2 and maintain such closure.

3 (2) Any such closure shall be limited to the

4 minimum areas and periods that the Secretary of

5 the Air Force determines are required for the pur6 poses specified in this subsection. Prior to any non7 emergency closure not specified in the integrated

8 natural resources management plan required by sub9 section (c) of this section, the Secretary of the Air

10 Force shall consult with the Secretary of the Interior

11 and, where any such closure may affect tribal lands,

12 treaty rights, or sacred sites, the Secretary of the

13 Air Force shall consult, at the earliest practicable

14 time, with the affected Indian tribes.

15 (3) Immediately preceding and during any clo16 sure under this subsection, the Secretary of the Air

17 Force shall post appropriate warning notices and

18 take other steps, as necessary, to notify the public

19 of the closure.

20 (4) If the Secretary of the Air Force determines

21 that military operations, public safety, or national

22 security require the closure to the public of any

23 road, trail, or other portion of the Desert National

24 Wildlife Range that is withdrawn by this title, the

25 Secretary of the Interior shall take action to effect
39

S 1338 IS

1 and maintain such closure, including agreeing to

2 amend the memorandum of understanding ref3 erenced in section 4 of this title, to establish new

4 or enhanced surface safety zones.

5 (c) INTEGRATED NATURAL RESOURCES MANAGE6 MENT PLAN.—Within two (2) years of the date of enact7 ment of this title, the Secretary of the Air Force and the

8 Secretary of the Interior shall jointly prepare an inte9 grated natural resources management plan for the lands

10 withdrawn and reserved by this title, other than the por11 tion of the Desert National Wildlife Range included in the

12 withdrawal: Provided, however, That any disagreement

13 concerning the contents of the plan (or any subsequent

14 amendments to the plan) shall be resolved by the Sec15 retary of the Air Force, after consultation with the Sec16 retary of the Interior through the State Director, Bureau

17 of Land Management and, as appropriate, the Regional

18 Director, United States Fish and Wildlife Service. This

19 authority may be delegated to the installation commander.

20 In all other respects, the plan shall be prepared and imple21 mented in accordance with the Sikes Act (16 U.S.C.

22 § 670a et seq.) and the requirements of this section and

23 shall—

24 (1) include provisions for proper management

25 and protection of the natural and cultural resources,
40

S 1338 IS

1 and for sustainable use by the public of such re2 sources to the extent consistent with the military

3 purposes for which the lands are withdrawn and re4 served;

5 (2) for the lands depicted as impact areas on

6 the map described in section 1(c) of this title, incor7 porate, to the extent practicable, incorporate the

8 provisions of any management plans adopted by the

9 Desert National Wildlife Range;

10 (3) be developed in consultation with affected

11 Indian tribes and shall include provisions that ad12 dress how the Secretary of the Air Force intends to:

13 (A) meet the United States’ trust respon14 sibilities with respect to Indian tribes, lands,

15 and rights reserved by treaty or Federal law af16 fected by the withdrawal and reservation;

17 (B) allow access to and ceremonial use of

18 Indian sacred sites to the extent consistent with

19 the military purposes for which the lands are

20 withdrawn and reserved; and

21 (C) provide for timely consultation with af22 fected Indian tribes;

23 (4) provide that any hunting, fishing, and trap24 ping on the lands withdrawn and reserved by this
41

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1 title shall be conducted in accordance with the provi2 sions of 10 U.S.C. § 2671;

3 (5) provide for livestock grazing and agricul4 tural out-leasing, if appropriate, in accordance with

5 10 U.S.C. § 2667 and at the discretion of the Sec6 retary of the Air Force;

7 (6) identify current test and target impact

8 areas and related buffer or safety zones;

9 (7) provide that the Secretary of the Air Force

10 shall take necessary actions to prevent, suppress,

11 and manage brush and range fires occurring within

12 the boundaries of the Nellis Air Force Range, as

13 well as brush and range fires occurring outside the

14 boundaries of the Nellis Air Force Range resulting

15 from military activities. Notwithstanding the provi16 sions of 10 U.S.C. § 2465, the Secretary of the Air

17 Force may obligate funds appropriated or otherwise

18 available to the Secretary to enter into memoranda

19 of understanding, cooperative agreements, and con20 tracts for fire fighting that shall reimburse the Sec21 retary of the Interior for costs incurred under this

22 subsection;

23 (8) provide that all gates, fences and barriers

24 constructed after the enactment of this title shall be

25 designed and erected to allow wildlife access, to the
42

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1 extent practicable and consistent with military secu2 rity, safety, and sound wildlife management use;

3 (9) incorporate any existing management plans

4 pertaining to the lands withdrawn and reserved by

5 this title, to the extent that the Secretary of the Air

6 Force and the Secretary of the Interior, upon re7 viewing any such plans, mutually determine that in8 corporation into a plan pursuant to this section is

9 appropriate;

10 (10) include procedures to ensure that the peri11 odic reviews of the plan required by the Sikes Act

12 are conducted jointly by the Secretary of the Air

13 Force and the Secretary of the Interior, and that af14 fected States and Indian tribes, and the public are

15 provided a meaningful opportunity to comment upon

16 any substantial revisions to the plan that may be

17 proposed; and

18 (11) provide procedures to amend the plan as

19 necessary.

20 (d) MEMORANDA OF UNDERSTANDING AND COOPER21 ATIVE AGREEMENTS.—The Secretary of the Air Force

22 may enter into memoranda of understanding or coopera23 tive agreements with the Secretary of the Interior or other

24 appropriate Federal, State, or local agencies, Indian

25 tribes, or other public or private organizations or institu-
43

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1 tions, as necessary to implement the integrated natural

2 resources management plan prepared pursuant to this sec3 tion. Any memorandum of understanding or cooperative

4 agreement affecting integrated natural resources manage5 ment may be combined, where appropriate, with any other

6 memorandum of understanding or cooperative agreement

7 entered into to implement this title, and shall not be sub8 ject to the provisions of the Federal Grant and Coopera9 tive Agreement Act of 1977 (31 U.S.C. §§ 6301–6308).

10 (e) USE OF MINERAL MATERIALS.—Notwithstanding

11 any other provisions of this title or the Materials Act of

12 1947 (30 U.S.C. §§ 601 et seq.), the Secretary of the Air

13 Force may use sand, gravel, or similar mineral material

14 resources of the type subject to disposition under the Ma15 terials Act from the lands withdrawn and reserved by this

16 title: Provided, That use of such resources is required for

17 construction needs of the Nellis Air Force Range: And

18 provided further, That no mineral material resources may

19 be obtained pursuant to this subsection from those parts

20 of the Desert National Wildlife Range that are not de21 picted as impact areas on the map described in subsection

22 1(c) of this title, except in accordance with the procedures

23 set forth in the memorandum of understanding referenced

24 in section 4 of this title.
44

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1 (f) WILD HORSES AND BURROS.—Responsibilities

2 for the management and protection of wild free-roaming

3 horses and burros on the Nellis Air Force Range shall be

4 shared by the Secretary of the Air Force and the Secretary

5 of the Interior, but shall continue to be carried out by

6 the Secretary of the Interior, in accordance with the provi7 sions of the Wild Free-Roaming Horses and Burros Act

8 (16 U.S.C. §§ 1331 et seq.). Within one year of the date

9 of the enactment of this title, the Secretary of the Air

10 Force shall enter into an intragovernmental support

11 agreement with the Secretary of the Interior to reimburse

12 the Secretary of the Interior under section 1535 of title

13 31, United States Code, for all costs the Department of

14 the Interior incurs in carrying out such management and

15 protection on the Nellis Air Force Range.

16 (g) PUBLIC REPORTS.—

17 (1) Concurrent with each review of the inte18 grated natural resources management plan pursuant

19 to paragraph (c)(10) of this section, the Secretary of

20 the Air Force and the Secretary of the Interior shall

21 jointly prepare and issue a report describing changes

22 in the condition of the public lands withdrawn and

23 reserved by this title from the later of the date of

24 any previous report under this subsection or the date

25 of the environmental impact statement prepared to
45

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1 support this title. In addition, this report shall in2 clude a summary of current military use; any

3 changes in military use since the previous report;

4 and efforts related to the management of natural

5 and cultural resources and environmental remedi6 ation during the previous five (5) years. This report

7 may be combined with any report required by the

8 Sikes Act. Any disagreements concerning the con9 tents of this report shall be resolved by the Sec10 retary of the Air Force. This authority may be dele11 gated to the installation commander.

12 (2) Prior to its finalization, the Secretary of the

13 Air Force and the Secretary of the Interior shall in14 vite interested members of the public to review and

15 comment upon the report and shall hold at least one

16 public meeting concerning the report in a location or

17 locations reasonably accessible to those persons who

18 may be affected by management of the lands with19 drawn and reserved by this title. The public meeting

20 shall be announced no fewer than 15 days prior to

21 the meeting date by advertisements in local news22 papers of general circulation, by publishing an an23 nouncement in the Federal Register, and by any

24 other means deemed necessary.
46

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1 (3) Final reports shall be made available to the

2 public and submitted to appropriate committees of

3 Congress.

4 (h) INTERGOVERNMENTAL EXECUTIVE COMMIT5 TEE.—Within two (2) years of the date of the enactment

6 of this title, the Secretary of the Air Force and the Sec7 retary of the Interior shall, by memorandum of under8 standing, establish an intergovernmental executive com9 mittee, comprised of selected representatives from inter10 ested Federal agencies, as well as elected officers (or other

11 authorized representatives) from State governments and

12 elected officers (or other authorized representatives) from

13 such local and tribal governments as may be designated

14 at the discretion of the Secretary of the Air Force and

15 the Secretary of the Interior. The intergovernmental exec16 utive committee shall be established solely for the purpose

17 of exchanging views, information, and advice relating to

18 the management of natural and cultural resources on the

19 affected public lands. The intergovernmental executive

20 committee shall operate in accordance with the terms set

21 forth in a memorandum of understanding that shall speci22 fy those Federal agencies and elected officers or represent23 atives of State, local and tribal governments to be invited

24 to participate. The memorandum of understanding shall

25 establish procedures for creating a forum for exchanging
47

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1 views, information and advice relating to the management

2 of natural and cultural resources on affected public lands,

3 procedures for rotating the chair of the intergovernmental

4 executive committee, and procedures for scheduling reg5 ular meetings. The Secretary of the Air Force shall, in

6 consultation with the Secretary of the Interior, appoint an

7 individual to serve as Committee Coordinator. The duties

8 of the Coordinator shall be included in the memorandum

9 of understanding. The Coordinator shall not be a member

10 of the committee.

11 (i) TRANSFER OF MANAGEMENT RESPONSIBILITY.—

12 (1) If the Secretary of the Interior determines

13 that the Secretary of the Air Force has failed to

14 manage the lands withdrawn and reserved by this

15 title for military purposes in accordance with the in16 tegrated natural resource management plan, and

17 that the failure to do so is resulting in significant

18 degradation of the natural or cultural resources of

19 such lands, the Secretary of the Interior shall give

20 the Secretary of the Air Force written notice of such

21 determination, a description of the deficiencies in

22 management practices by the Secretary of the Air

23 Force, and an explanation of the methodology em24 ployed in reaching the determination. Within 60

25 days of the date such notification is received, the
48

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1 Secretary of the Air Force shall submit a response

2 to the Secretary of the Interior, which response may

3 include a plan of action for addressing any identified

4 deficiencies in the conduct of management responsi5 bility and for preventing further significant degrada6 tion of the natural or cultural resources. If, no ear7 lier than three months after the date the notification

8 is received, the Secretary of the Interior determines

9 that the deficiencies are not being corrected, and

10 that significant degradation of the natural or cul11 tural resources is continuing, then the Secretary of

12 the Interior may effect transfer of the management

13 responsibility for the natural and cultural resources

14 of such lands from the Secretary of the Air Force

15 to the Secretary of the Interior, in accordance with

16 a schedule for such transfer to be established by the

17 Secretary of the Interior.

18 (2) After a transfer of management responsi19 bility pursuant to paragraph (1) of this subsection,

20 the Secretary of the Interior may transfer manage21 ment responsibility back to the Secretary of the Air

22 Force if the Secretary of the Interior determines

23 that adequate procedures and plans have been estab24 lished to ensure that the lands withdrawn and re25 served would be adequately managed by the Sec-
49

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1 retary of the Air Force in accordance with the inte2 grated natural resources management plan.

3 (3) For any period during which the Secretary

4 of the Interior has management responsibility for

5 the lands withdrawn and reserved pursuant to this

6 section, the integrated natural resources manage7 ment plan established pursuant to subsection (c) of

8 this section, including any amendments to the plan,

9 shall remain in effect, pending the development of a

10 management plan prepared pursuant to the Federal

11 Land Policy and Management Act of 1976, in co12 operation with the Secretary of the Air Force.

13 (4) Assumption by the Secretary of the Interior

14 pursuant to this subsection of management responsi15 bility for the natural and cultural resources of the

16 lands withdrawn and reserved shall not affect the

17 use of these lands for military purposes, and the

18 Secretary of the Air Force shall continue to direct

19 military activities on these lands.

20 (j) PAYMENT FOR SERVICES.—The Secretary of the

21 Air Force shall assume all costs for implementation of the

22 integrated natural resources management plan, including

23 payment to the Secretary of the Interior under section

24 1535 of title 31, United States Code, for any costs the

25 Secretary of the Interior incurs in providing goods or serv-
50

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1 ices to assist the Secretary of the Air Force in the imple2 mentation of the integrated natural resources manage3 ment plan.

4 (k) DEFINITIONS.—For the purposes of this title:

5 (1) The term ‘‘Indian tribe’’ means an Indian

6 or Alaska Native tribe, band, nation, pueblo, village,

7 or community that the Secretary of the Interior ac8 knowledges to exist as an Indian tribe pursuant to

9 the Federally Recognized Indian Tribe List Act of

10 1994.

11 (2) The term ‘‘sacred site’’ means any specific,

12 discrete, narrowly delineated location on federal land

13 that is identified by an Indian tribe, or its designee,

14 as sacred by virtue of its established religious sig15 nificance to, or ceremonial use by, an Indian reli16 gion, but only to the extent that the tribe or its des17 ignee has informed the Secretary of the Air Force

18 of the existence of such a site. Neither the Secretary

19 of the Department of Defense, the Secretary of the

20 Air Force, nor the Secretary of the Interior shall be

21 required under 5 U.S.C. § 552 to make available to

22 the public any information concerning the location,

23 character, or use of any traditional Indian religious

24 or sacred site located on land withdrawn and re25 served by this title.
51

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1 SEC. 204. DESERT NATIONAL WILDLIFE RANGE.

2 (a) EFFECT OF THIS TITLE.—Neither the withdrawal

3 under paragraph 1(a)(1) of this title nor any other provi4 sion of this title, except subsections 1(c) and 3(b) of this

5 title, shall be construed to amend—

6 (1) the National Wildlife Refuge System Ad7 ministration Act of 1966 (16 U.S.C. 668dd, et seq.),

8 as amended;

9 (2) any Executive order or public land order in

10 effect on the date of enactment of this title with re11 spect to the Desert National Wildlife Range; or

12 (3) any memorandum of understanding between

13 the Secretary of the Interior and the Secretary of

14 the Air Force concerning the joint use of Air Force

15 withdrawn lands within the external boundaries of

16 the Desert National Wildlife Range, except to the

17 extent the provisions of such agreement are incon18 sistent with the provisions of this title, in which case

19 such agreement shall be reviewed and amended to

20 conform to this title within 120 days of enactment

21 of this title.

22 (b) MEMORANDUM OF UNDERSTANDING.—

23 (1) The Secretary of the Interior, in coordina24 tion with the Secretary of the Air Force, shall man25 age the portion of the Desert National Wildlife

26 Range withdrawn by this title, except for the lands
52

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1 referred to in subsection 1(c), for the purposes for

2 which the refuge was established, and to support

3 current and future military aviation training needs

4 consistent with the current memorandum of under5 standing between the Department of the Air Force

6 and the Department of the Interior, including any

7 extension or other amendment of such memorandum

8 of understanding as provided herein.

9 (2) As part of the review of the existing memo10 randum of understanding provided in paragraph

11 (a)(3) of this section, the Secretary of the Interior

12 and the Department of the Air Force shall extend

13 the memorandum of understanding for a period that

14 coincides with the duration of the withdrawal of the

15 Nellis Air Force Range.

16 (3) Nothing in this section shall be construed as

17 prohibiting the Secretary of the Department of the

18 Interior and the Secretary of the Air Force from re19 vising the memorandum of understanding at any fu20 ture time should they mutually agree to do so.

21 (4) Amendments to the memorandum of under22 standing shall take effect 90 days after the Sec23 retary of the Interior has notified the Committees on

24 Environment and Public Works, Energy and Nat25 ural Resources, and Armed Services of the United
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1 States Senate and the Committees on Resources and

2 Armed Services of the United States House of Rep3 resentatives.

4 (c) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) There are hereby authorized to be appro6 priated to the Secretary of the Air Force

7 $15,000,000 for the replacement of Refuge System

8 lands in Nevada transferred to the Air Force by sub9 section 1(c) of this title.

10 (2) The Secretary of the Air Force is author11 ized to acquire lands, waters, or interests in lands or

12 waters pursuant to paragraph (c)(1) of this section

13 which are acceptable to the Secretary of the Interior,

14 and to transfer such lands to the Secretary of the

15 Interior, or to transfer the funds appropriated pur16 suant to paragraph (c)(1) of this section to the Sec17 retary of the Interior for the purpose of acquiring

18 such lands.

19 (3) The transfers authorized by paragraph (2)

20 of this subsection shall be deemed complete upon

21 written notification from the Secretary of the Inte22 rior to the Secretary of the Air Force that lands or

23 funds equal to the amount authorized in paragraph

24 (1) of this subsection have been received by the Sec-
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1 retary of the Interior from the Secretary of the Air

2 Force.

3 SEC. 205. ENVIRONMENTAL REQUIREMENTS.

4 (a) DURING WITHDRAWAL AND RESERVATION.—

5 Throughout the duration of the withdrawal and reserva6 tion made by this title (including the duration of any re7 newal or extension), and with respect both to those activi8 ties undertaken by the Secretary of the Air Force on the

9 lands withdrawn and reserved by this title and to all activi10 ties occurring on such lands during such times as the Sec11 retary of the Air Force may exercise management jurisdic12 tion over the lands withdrawn and reserved by this title,

13 the Secretary of the Air Force shall—

14 (1) be responsible for and pay all costs related

15 to, the Department of the Air Force’s compliance

16 with applicable Federal, State, and local environ17 mental laws, regulations, rules, and standards;

18 (2) carry out and maintain in accordance with

19 the requirements of all regulations, rules, and stand20 ards issued by the Department of Defense pursuant

21 to its authorities under the Defense Environmental

22 Restoration Program (10 U.S.C. §§ 2701 et seq.),

23 the Department of Defense Explosives Safety Board

24 (10 U.S.C. § 172), and Executive Order 12580, a

25 program to address—
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1 (A) any release or a substantial threat of

2 a release attributable to military munitions (in3 cluding unexploded ordnance) and other con4 stituents, and

5 (B) any release or a substantial threat of

6 a release, regardless of its source, occurring on

7 or emanating from the lands withdrawn and re8 served by this title during the period of with9 drawal and reservation; and

10 (3) provide to the Secretary of the Interior a

11 copy of any report prepared by the Secretary of the

12 Air Force pursuant to any Federal, State, or local

13 environmental laws, regulations, rules, and stand14 ards.

15 (b) PRIOR TO RELINQUISHMENT OR TERMI16 NATION.—

17 (1) ENVIRONMENTAL REVIEW.—Upon notifying

18 the Secretary of the Interior that the Secretary of

19 the Air Force intends, pursuant to section 8 of this

20 title, to relinquish jurisdiction over the lands with21 drawn and reserved by this title, the Secretary of the

22 Air Force shall provide to the Secretary of the Inte23 rior an environmental baseline survey, military range

24 assessment, or other environmental review character25 izing the environmental condition of the land, air,
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1 and water resources affected by the activities under2 taken by the Secretary of the Air Force on and over

3 the lands withdrawn and reserved by this title. If

4 hazardous substances were stored for one (1) year or

5 more, known to have been released or disposed of,

6 or if a substantial threat of a release exists on the

7 lands withdrawn and reserved by this title, any such

8 environmental review shall include notice of the type

9 and quantity of such hazardous substances, and no10 tice of the time during which such storage, release,

11 substantial threat of a release, or disposal took

12 place.

13 (2) MEMORANDUM OF UNDERSTANDING.—In

14 addition to the provisions of this section, the Sec15 retary of the Air Force and the Secretary of the In16 terior may enter into a memorandum of under17 standing to implement the environmental remedi18 ation requirements of this title. This memorandum

19 of understanding may include appropriate, tech20 nically feasible, and mutually acceptable cleanup

21 standards that both Secretaries believe environ22 mental remediation activities shall achieve, as well as

23 a schedule for completing such activities: Provided,

24 that such cleanup standards shall be consistent with

25 any legally applicable or relevant and appropriate
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1 standard, requirement, criteria, or limitation other2 wise required by law.

3 (3) ENVIRONMENTAL REMEDIATION.—With re4 spect to lands to be relinquished pursuant to section

5 8 of this title, the Secretary of the Air Force shall

6 take all actions necessary to address any release or

7 substantial threat of a release, regardless of its

8 source, occurring on or emanating from such lands

9 during the period of withdrawal and reservation af10 fected by this Act. To the extent practicable, all such

11 response actions shall be taken before the termi12 nation of such withdrawal and reservation.

13 (4) CONSULTATION.—If the Secretary of the

14 Interior accepts the relinquishment of jurisdiction

15 over any of the lands withdrawn and reserved by

16 this title before all necessary response actions have

17 been completed, the Secretary of the Interior shall

18 consult with the Secretary of the Air Force before

19 undertaking or authorizing any activities on the

20 withdrawn and reserved lands that may affect exist21 ing releases, interfere with the installation, mainte22 nance, or operation of any response action or expose

23 any person to a safety or health risk associated with

24 either the release or the response action being un25 dertaken.
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1 (c) RESPONSIBILITY AND LIABILITY.—The Secretary

2 of the Air Force and the Secretary of the Department of

3 Energy as provided in subsection (d) of this section, and

4 not the Secretary of the Interior, shall be responsible for

5 and conduct the necessary remediation of all releases or

6 substantial threats of release, whether located on or ema7 nating from lands withdrawn and reserved by this title,

8 and whether known at the time of relinquishment or ter9 mination or subsequently discovered, attributable to either

10 the Secretary of the Air Force’s or the Secretary of the

11 Department of Energy’s management of the lands with12 drawn and reserved by this title, or the use, management,

13 storage, release, treatment, or disposal of hazardous mate14 rials, hazardous substances, hazardous wastes, pollutants,

15 contaminants, petroleum products and their derivatives,

16 military munitions, or other constituents on the lands

17 withdrawn and reserved by this title. This responsibility

18 shall include the liability for any costs or claims asserted

19 against the United States for such activities. Nothing in

20 this paragraph is intended to prevent the United States

21 from bringing a cost recovery, contribution, or other action

22 against third persons or parties the Secretary of the Air

23 Force or the Secretary of the Department of Energy rea24 sonably believes may have contributed to a release or sub25 stantial threat of a release.
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1 (d) OTHER FEDERAL AGENCIES.—The Department

2 of Energy shall have the responsibility and liability de3 scribed in subsection (c) of this section for lands within

4 the boundary of the area labeled ‘‘Pahute Mesa’’ depicted

5 on the map identified in paragraph 1(b)(2) of this title.

6 If the Secretary of the Air Force or the Secretary of the

7 Department of Energy delegates responsibility or jurisdic8 tion to another Federal agency, or permits another Fed9 eral agency to operate on the lands withdrawn and re10 served by this title, the Secretary of the Air Force or the

11 Secretary of the Department of Energy shall retain all re12 sponsibility and liability described in subsection (c) of this

13 section that is not assumed by that Federal agency to

14 whom the Secretary of the Air Force or the Secretary of

15 the Department of Energy has granted responsibility, ju16 risdiction, or permission.

17 (e) DEFINITIONS.—For the purposes of this title:

18 (1) The term ‘‘military munitions’’ means all

19 ammunition products and components produced or

20 used by or for the U.S. Department of Defense or

21 the U.S. Armed Services for national defense and se22 curity, including military munitions under the con23 trol of the Department of Defense, the U.S. Coast

24 Guard, the U.S. Department of Energy and Na25 tional Guard personnel. The term military munitions
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1 includes: confined gaseous liquid, and solid propel2 lants, explosives, pyrotechnics, chemical and riot

3 control agents, smokes, and incendiaries used by or

4 for Department of Defense components, including

5 bulk explosives and chemical warfare agents, chem6 ical munitions, rockets, guided and ballistic missiles,

7 bombs, warheads, mortar rounds, artillery ammuni8 tion, small arms ammunition, grenades, mines, tor9 pedoes, depth charges, cluster munitions and dis10 pensers, demolition charges, and devices and compo11 nents thereof. Military munitions do not include

12 wholly inert items, improvised explosive devices and

13 nuclear weapons, nuclear devices, and nuclear com14 ponents thereof. However, the term does not include

15 nonnuclear components of nuclear devices, managed

16 under Department of Energy’s nuclear weapons pro17 gram after all required sanitization operations under

18 the Atomic Energy Act of 1954, as amended, have

19 been completed.

20 (2) The term ‘‘unexploded ordnance’’ means

21 military munitions that have been primed, fused,

22 armed, or otherwise prepared for action, and have

23 been fired, dropped, launched, projected, or placed in

24 such a manner as to constitute a hazard or potential

25 hazard, to operations, installation, personnel, or ma-
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1 terial, and remain unexploded either by malfunction,

2 design, or any other cause.

3 (3) The term ‘‘other constituents’’ means po4 tentially hazardous compounds, mixtures, or ele5 ments that are located on or originate from closed,

6 transferred, or transferring ranges and are released

7 from military munitions or unexploded ordnance, or

8 resulted from other activities on military ranges.

9 SEC. 206. DURATION OF WITHDRAWAL AND RESERVATION.

10 (a) Unless extended pursuant to section 7 of this

11 title, the withdrawal and reservation made by this title

12 shall terminate 25 years after the date of the enactment

13 of this Act, except as otherwise provided in subsection 8(d)

14 of this title.

15 (b) At the date of termination, the previously with16 drawn lands shall not be open to any forms of appropria17 tion under the general land laws, including the mining,

18 mineral leasing, and geothermal leasing laws, until the

19 Secretary of the Interior publishes in the Federal Register

20 an appropriate order that shall state the date upon which

21 such lands shall be restored to the public domain and

22 opened.
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1 SEC. 207. EXTENSION OF INITIAL WITHDRAWAL AND RES2 ERVATION.

3 (a) Not later than three (3) years prior to the termi4 nation date of the initial withdrawal and reservation made

5 by this title, the Secretary of the Air Force shall notify

6 Congress and the Secretary of the Interior concerning

7 whether the Air Force will have a continuing military

8 need, beyond the termination date of such withdrawal, for

9 all or any portion of the lands withdrawn.

10 (b) If the Secretary of the Air Force determines that

11 there will be a continuing military need for any of the

12 lands withdrawn by this title, the Secretary of the Air

13 Force shall—

14 (1) consult with the Secretary of the Interior

15 concerning any adjustments to be made to the areal

16 extent of, or to the allocation of management re17 sponsibility for, such needed lands; and

18 (2) file with the Secretary of the Interior, with19 in one (1) year after the notice required by sub20 section (a) of this section, an application for exten21 sion of the withdrawal and reservation of such need22 ed lands. The Department of the Interior’s general

23 procedures for processing Federal land withdrawals

24 notwithstanding, any application for extension under

25 this title shall be considered complete if it includes

26 the following:
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1 (A) the information required by section 3

2 of the Engle Act (43 U.S.C § 157), except that

3 no information shall be required concerning the

4 use or development of mineral, timber, or graz5 ing resources unless, and only to the extent, the

6 Secretary of the Air Force proposes to use or

7 develop such resources during the period of ex8 tension; and

9 (B) a copy of the most recent public report

10 prepared in accordance with subsection 3(g) of

11 this title.

12 (c) The Secretary of the Interior and the Secretary

13 of the Air Force shall ensure that any legislative proposal

14 for the extension of the withdrawal and reservation is sub15 mitted to Congress no later than May 1 of the year pre16 ceding the year in which the existing withdrawal and res17 ervation would otherwise terminate.

18 SEC. 208. TERMINATION AND RELINQUISHMENT.

19 (a) At any time during the withdrawal and reserva20 tion but not later than three (3) years prior to the termi21 nation date of the withdrawal and reservation affected by

22 this title, if the Secretary of the Air Force determines that

23 there is no continuing military need for the lands with24 drawn and reserved by this title, or any portion of these

25 lands, the Secretary of the Air Force shall notify the Sec-
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1 retary of the Interior of an intention to relinquish jurisdic2 tion over such lands, which notice shall specify the pro3 posed date of relinquishment.

4 (b) The Secretary of the Interior may accept jurisdic5 tion over any lands covered by a notice of intention to re6 linquish jurisdiction under this section if the Secretary of

7 the Interior determines that the Secretary of the Air Force

8 has taken the environmental response actions required

9 under section 5 of this title.

10 (c) If the Secretary of the Interior accepts jurisdic11 tion over lands covered by a notice of intention to relin12 quish jurisdiction under this section before the termi13 nation date of withdrawal and reservation, the Secretary

14 of the Interior shall publish in the Federal Register an

15 appropriate order that shall:

16 (1) terminate the withdrawal and reservation of

17 such lands under this title;

18 (2) constitute official acceptance of administra19 tive jurisdiction over the lands by the Secretary of

20 the Interior; and

21 (3) state the date upon which such lands shall

22 be opened to the operation of the general land laws,

23 including the mining, mineral leasing and geo24 thermal leasing laws, if appropriate.
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1 (d)(1) Notwithstanding the termination date, unless

2 the Secretary of the Interior accepts jurisdiction of land

3 proposed for relinquishment pursuant to this section or

4 until the Administrator, General Services Administration

5 accepts jurisdiction of such lands under the Federal Prop6 erty and Administrative Services Act of 1949 (40 U.S.C.

7 §§ 252 et seq.), such land shall remain under the jurisdic8 tion of the Secretary of the Air Force for the limited pur9 poses of:

10 (A) environmental response actions under sec11 tion 5 of this title; and

12 (B) continued land management responsibilities

13 pursuant to the integrated natural resources man14 agement plan under section 3 of this title.

15 (2) For any land that the Secretary of the Interior

16 determines to be suitable for return to the public domain,

17 but does not agree with the Secretary of the Air Force

18 that all necessary environmental response actions under

19 section 5 of this title have been taken, the Secretary of

20 the Air Force and the Secretary of the Interior shall re21 solve the dispute in accordance with any applicable dispute

22 resolution process.

23 (3) For any land that the Secretary of the Interior

24 determines to be unsuitable for return to the public do-
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1 main, the Secretary of the Interior shall immediately no2 tify the Administrator, General Services Administration.

3 (e) All functions described under this section, includ4 ing transfers, relinquishments, extensions and other deter5 minations, may be made on a parcel-by-parcel basis.

6 SEC. 209. DELEGATIONS OF AUTHORITY.

7 (a) SECRETARY OF THE AIR FORCE.—Except as may

8 otherwise be provided in this title, the functions of the

9 Secretary of the Air Force under this title may be dele10 gated.

11 (b) SECRETARY OF THE INTERIOR.—The functions

12 of the Secretary of the Interior under this title may be

13 delegated, except that the following determinations and

14 decisions may be approved and signed only by the Sec15 retary of the Interior, the Deputy Secretary of the Inte16 rior, an Assistant Secretary of the Interior, or the Direc17 tor, Bureau of Land Management:

18 (1) decisions to accept transfer, relinquishment,

19 or jurisdiction for any lands under this title and to

20 open lands to operation of the public land laws; and

21 (2) decisions to transfer management responsi22 bility from or to a military department pursuant to

23 subsection 3(i) of this title.
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1 SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

2 There are hereby authorized to be appropriated such

3 sums as may be necessary to carry out the purposes of

4 this title.

5 TITLE III—BARRY M.

6 GOLDWATER RANGE, ARIZONA

7 SEC. 301. WITHDRAWAL AND RESERVATION.

8 (a) WITHDRAWAL.—Subject to valid existing rights

9 and except as otherwise provided in this title, all lands

10 and interests in lands within the boundaries established

11 at the Barry M. Goldwater Range, referred to in sub12 section (c) of this section, are hereby withdrawn from all

13 forms of appropriation under the general land laws, in14 cluding the mining, mineral leasing and geothermal leas15 ing laws, and jurisdiction over such lands and interests

16 in lands withdrawn and reserved by this title is hereby

17 transferred to the Secretary of the Navy and the Secretary

18 of the Air Force.

19 (b) RESERVATION.—The lands withdrawn under sub20 section (a) of this section for the Barry M. Goldwater

21 Range—East are reserved for use by the Secretary of the

22 Air Force and Barry M. Goldwater Range—West are re23 served for use by the Secretary of the Navy for:

24 (1) an armament and high-hazard testing area;
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1 (2) training for aerial gunnery, rocketry, elec2 tronic warfare, and tactical maneuvering and air

3 support;

4 (3) equipment and tactics development and

5 testing; and

6 (4) other defense-related purposes consistent

7 with the purposes specified in this subsection.

8 (c) LAND DESCRIPTION.—The pubic lands and inter9 ests in lands withdrawn and reserved by this section com10 prise approximately 1,650,200 acres of land in Maricopa,

11 Pima, and Yuma Counties, Arizona, as generally depicted

12 on the map entitled ‘‘Barry M. Goldwater Range Land

13 Withdrawal,’’ dated June 17, 1999, and filed in accord14 ance with section 2 of this title.

15 (d) TERMINATION OF WITHDRAWAL.—Except as oth16 erwise provided in title D of this title, as to those lands

17 withdrawn by subsection 1(c) of Public Law 99–606, but

18 not withdrawn for military purposes by this title, the Pub19 lic Law 99–606 withdrawal shall not terminate until No20 vember 5, 2001, or until the Secretary of the Air Force’s

21 relinquishment of these lands is accepted by the Secretary

22 of the Interior: Provided, however, That the Public Law

23 99–606 withdrawal with respect to the Cabeza Prieta Na24 tional Wildlife Refuge shall terminate upon enactment of

25 this Act.
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1 (e) CHANGES IN USE.—The Secretary of the Navy

2 and the Secretary of the Air Force shall consult with the

3 Secretary of the Interior prior to using the lands with4 drawn and reserved by this title for any purpose other

5 than those purposes identified in subsection (b) of this sec6 tion.

7 (f) INDIAN TRIBES.—Nothing in this title shall be

8 construed as altering any rights reserved for Indians by

9 treaty or Federal law.

10 SEC. 302. MAP AND LEGAL DESCRIPTION.

11 (a) PREPARATION OF MAPS AND LEGAL DESCRIP12 TION.—As soon as practicable after the effective date of

13 this Act, the Secretary of the Interior shall—

14 (1) publish in the Federal Register a notice

15 containing the legal description of the lands with16 drawn and reserved by this title; and

17 (2) file a map or maps and the legal description

18 of the lands withdrawn and reserved by this title

19 with the Committee on Energy and Natural Re20 sources of the United States Senate and with the

21 Committee on Resources of the United States House

22 of Representatives.

23 (b) LEGAL EFFECT.—Such legal description shall

24 have the same force and effect as if it were included in

25 this title: Provided, That the Secretary of the Interior may
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1 correct clerical and typographical errors in such legal de2 scription. The maps filed under this section shall support

3 the legal description, without independent legal effect.

4 (c) AVAILABILITY.—Copies of the map or maps and

5 the legal description shall be available for public inspection

6 in the offices of the Arizona State Director, Phoenix Field

7 Office Manager, and Yuma Field Office Manager of the

8 Bureau of Land Management and the Office of the Com9 mander, Luke Air Force Base, Arizona, and Office of the

10 Commanding Officer, Marine Corps Air Station, Yuma,

11 Arizona.

12 (d) COSTS.—The Secretary of the Navy and the Sec13 retary of the Air Force shall reimburse the Secretary of

14 the Interior for the costs incurred by the Secretary of the

15 Interior in implementing this section.

16 SEC. 303. MANAGEMENT OF WITHDRAWN AND RESERVED

17 LANDS.

18 (a) GENERAL MANAGEMENT AUTHORITY.—During

19 the period of withdrawal and reservation made by this

20 title, the Secretary of the Navy and the Secretary of the

21 Air Force shall manage the lands withdrawn and reserved

22 by this title for the military purposes specified in section

23 1 of this title, and in accordance with the integrated nat24 ural resource management plan prepared pursuant to sub25 section (c) of this section: Provided, however, That respon-
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1 sibility for natural and cultural resources management

2 and the enforcement of Federal laws related thereto shall

3 not transfer before the integrated natural resources man4 agement plan as required by subsection (c) of this section

5 is completed or November 1, 2001, whichever comes first:

6 And provided further, That the Secretary of the Interior

7 may, if appropriate, effect the transfer of responsibility

8 for natural and cultural resources to the Department of

9 the Interior pursuant to subsection (h) of this section.

10 (b) ACCESS RESTRICTIONS.—

11 (1) If the Secretary of the Navy or the Sec12 retary of the Air Force determines that military op13 erations, public safety, or national security require

14 the closure to the public of any road, trail or other

15 portion of the lands withdrawn and reserved by this

16 title, the Secretary of the Navy or the Secretary of

17 the Air Force is authorized to take such action as

18 the Secretary of the Navy or the Secretary of the

19 Air Force determines necessary or desirable to effect

20 and maintain such closure.

21 (2) Any such closure shall be limited to the

22 minimum areas and periods that the Secretary of

23 the Navy or the Secretary of the Air Force deter24 mines are required for the purposes specified in this

25 subsection. Prior to any nonemergency closure not
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1 specified in the integrated natural resources man2 agement plan required by subsection (c) of this sec3 tion, the Secretary of the Navy or the Secretary of

4 the Air Force shall consult with the Secretary of the

5 Interior and, where any such closure may affect trib6 al lands, treaty rights, or sacred sites, the Secretary

7 of the Navy or the Secretary of the Air Force shall

8 consult, at the earliest practicable time, with af9 fected Indian tribes.

10 (3) Immediately preceding and during any clo11 sure under this subsection, the Secretary of the

12 Navy or the Secretary of the Air Force shall post

13 appropriate warning notices and take other steps, as

14 necessary, to notify the public of the closure.

15 (c) INTEGRATED NATURAL RESOURCES MANAGE16 MENT PLAN.—Within two (2) years of the date of enact17 ment of this title, the Secretary of the Navy, the Secretary

18 of the Air Force, and the Secretary of the Interior shall

19 jointly prepare an integrated natural resources manage20 ment plan for the lands withdrawn and reserved by this

21 title: Provided, however, That the Secretary of the Navy

22 and the Secretary of the Interior may jointly prepare a

23 separate plan pursuant to this subsection: Provided fur24 ther, That any disagreement concerning the contents of

25 the plan (or any subsequent amendments to the plan) shall
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1 be resolved by the Secretary of the Navy for the West

2 Range and the Secretary of the Air Force for the East

3 Range, after consultation with the Secretary of the Inte4 rior through the State Director, Bureau of Land Manage5 ment and, as appropriate, the Regional Director, United

6 States Fish and Wildlife Service. This authority may be

7 delegated to the installation commanders. In all other re8 spects, the plan shall be prepared and implemented in ac9 cordance with the Sikes Act (16 U.S.C. § 670a et seq.)

10 and the requirements of this section and shall—

11 (1) include provisions for proper management

12 and protection of the natural and cultural resources,

13 and for sustainable use by the public of such re14 sources to the extent consistent with the military

15 purposes for which the lands are withdrawn and re16 served;

17 (2) be developed in consultation with affected

18 Indian tribes and shall include provisions that ad19 dress how the Secretary of the Navy and the Sec20 retary of the Air Force intend to—

21 (A) meet the United States’ trust respon22 sibilities with respect to Indian tribes, lands,

23 and rights reserved by treaty or Federal law af24 fected by the withdrawal and reservation;
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1 (B) allow access to and ceremonial use of

2 Indian sacred sites to the extent consistent with

3 the military purposes for which the lands are

4 withdrawn and reserved; and

5 (C) provide for timely consultation with af6 fected Indian tribes;

7 (3) provide that any hunting, fishing, and trap8 ping on the lands withdrawn and reserved by this

9 title shall be conducted in accordance with the provi10 sions of 10 U.S.C. § 2671;

11 (4) provide for continued livestock grazing and

12 agricultural out-leasing where it currently exists, if

13 appropriate, in accordance with 10 U.S.C. § 2667

14 and at the discretion of the Secretary of the Navy

15 and the Secretary of the Air Force;

16 (5) identify current test and target impact

17 areas and related buffer or safety zones;

18 (6) provide that the Secretary of the Navy and

19 the Secretary of the Air Force shall take necessary

20 actions to prevent, suppress, and manage brush and

21 range fires occurring within the boundaries of the

22 Barry M. Goldwater Range, as well as brush and

23 range fires occurring outside the boundaries of the

24 Barry M. Goldwater Range resulting from military

25 activities. Notwithstanding the provisions of 10
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1 U.S.C. § 2465, the Secretary of the Navy and the

2 Secretary of the Air Force may obligate funds ap3 propriated or otherwise available to the Secretaries

4 to enter into memoranda of understanding, coopera5 tive agreements, and contracts for fire fighting that

6 shall reimburse the Secretary of the Interior for

7 costs incurred under this subsection;

8 (7) provide that all gates, fences and barriers

9 constructed after the enactment of this title shall be

10 designed and erected to allow wildlife access, to the

11 extent practicable and consistent with military secu12 rity, safety, and sound wildlife management use;

13 (8) incorporate any existing management plans

14 pertaining to the lands withdrawn and reserved by

15 this title, to the extent that the Secretary of the

16 Navy, the Secretary of the Air Force and the Sec17 retary of the Interior, upon reviewing any such

18 plans, mutually determine that incorporation into a

19 plan pursuant to this section is appropriate;

20 (9) include procedures to ensure that the peri21 odic reviews of the plan required by the Sikes Act

22 are conducted jointly by the Secretary of the Navy,

23 the Secretary of the Air Force and the Secretary of

24 the Interior, and that affected States and Indian

25 tribes, and the public are provided a meaningful op-
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1 portunity to comment upon any substantial revisions

2 to the plan that may be proposed; and

3 (10) provide procedures to amend the plan as

4 necessary.

5 (d) MEMORANDA OF UNDERSTANDING AND COOPER6 ATIVE AGREEMENTS.—The Secretary of the Navy and the

7 Secretary of the Air Force may enter into memoranda of

8 understanding or cooperative agreements with the Sec9 retary of the Interior or other appropriate Federal, State,

10 or local agencies, Indian tribes, or other public or private

11 organizations or institutions, as necessary to implement

12 the integrated natural resources management plan pre13 pared pursuant to this section. Any memorandum of un14 derstanding or cooperative agreement affecting integrated

15 natural resources management may be combined, where

16 appropriate, with any other memorandum of under17 standing or cooperative agreement entered into to imple18 ment this title, and shall not be subject to the provisions

19 of the Federal Grant and Cooperative Agreement Act of

20 1977 (31 U.S.C. §§ 6301–6308).

21 (e) USE OF MINERAL MATERIALS.—Notwithstanding

22 any other provisions of this title or the Materials Act of

23 1947 (30 U.S.C. §§ 601 et seq.), the Secretary of the Navy

24 and the Secretary of the Air Force may use sand, gravel,

25 or similar mineral material resources of the type subject
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1 to disposition under the Materials Act from the lands

2 withdrawn and reserved by this title: Provided, That use

3 of such resources is required for construction needs of the

4 Barry M. Goldwater Range.

5 (f) PUBLIC REPORTS.—

6 (1) Concurrent with each review of the inte7 grated natural resources management plan, pursu8 ant to paragraph (c)(9) of this section, the Secretary

9 of the Navy, the Secretary of the Air Force, and the

10 Secretary of the Interior shall jointly prepare and

11 issue a report describing changes in the condition of

12 the public lands withdrawn and reserved by this title

13 from the later of the date of any previous report

14 under this subsection or the date of the environ15 mental impact statement prepared to support this

16 title. In addition, this report shall include a sum17 mary of current military use; any changes in mili18 tary use since the previous report; and efforts re19 lated to the management of natural and cultural re20 sources and environmental remediation during the

21 previous five (5) years. This report may be combined

22 with any report required by the Sikes Act. Any dis23 agreements concerning the content of this report

24 shall be resolved by the Secretary of the Navy and
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1 the Secretary of the Air Force. This authority may

2 be delegated to the installation commanders.

3 (2) Prior to its finalization, the Secretary of the

4 Navy, the Secretary of the Air Force and the Sec5 retary of the Interior shall invite interested members

6 of the public to review and comment upon the report

7 and shall hold at least one public meeting concerning

8 the report in a location or locations reasonably ac9 cessible to those persons who may be affected by

10 management of the lands withdrawn and reserved by

11 this title. The public meeting shall be announced no

12 fewer than 15 days prior to the meeting date by ad13 vertisements in local newspapers of general circula14 tion, by publishing an announcement in the Federal

15 Register, and by any other means deemed necessary.

16 (3) Final reports shall be made available to the

17 public and submitted to appropriate committees of

18 Congress.

19 (g) INTERGOVERNMENTAL EXECUTIVE COM20 MITTEE.—Within two (2) years of the date of the enact21 ment of this title, the Secretary of the Navy, the Secretary

22 of the Air Force and the Secretary of the Interior shall,

23 by memorandum of understanding, establish an intergov24 ernmental executive committee, comprised of selected rep25 resentatives from interested Federal agencies, as well as
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1 elected officers (or other authorized representatives) from

2 State governments and elected officers (or other author3 ized representatives) from such local and tribal govern4 ments as may be designated at the discretion of the Sec5 retary of the Navy, the Secretary of the Air Force and

6 the Secretary of the Interior. The intergovernmental exec7 utive committee shall be established solely for the purposes

8 of exchanging views, information, and advice relating to

9 the management of natural and cultural resources on the

10 affected public lands. The intergovernmental executive

11 committee shall operate in accordance with the terms set

12 forth in a memorandum of understanding that shall speci13 fy those Federal agencies and elected officers or represent14 atives of State, local, and tribal governments to be invited

15 to participate. The memorandum of understanding shall

16 establish procedures for creating a forum for exchanging

17 views, information and advice relating to the management

18 of natural and cultural resources on affected public lands,

19 procedures for rotating the chair of the intergovernmental

20 executive committee, and procedures for scheduling reg21 ular meetings. The Secretary of the Navy and the Sec22 retary of the Air Force shall, in consultation with the Sec23 retary of the Interior, appoint an individual to serve as

24 Committee Coordinator. The duties of the Coordinator
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1 shall be included in the memorandum of understanding.

2 The Coordinator shall not be a member of the committee.

3 (h) TRANSFER OF MANAGEMENT RESPONSIBILITY.—

4 (1) If the Secretary of the Interior determines

5 that the Secretary of the Navy or the Secretary of

6 the Air Force has failed to manage the lands with7 drawn and reserved by this title for military pur8 poses in accordance with the integrated natural re9 source management plan, and that the failure to do

10 so is resulting in significant degradation of the nat11 ural or cultural resources of such lands, the Sec12 retary of the Interior shall give the Secretary of the

13 Navy or the Secretary of the Air Force written no14 tice of such determination, a description of the defi15 ciencies in management practices by the Secretary

16 of the Navy or the Secretary of the Air Force, and

17 an explanation of the methodology employed in

18 reaching the determination. Within 60 days of the

19 date such notification is received, the Secretary of

20 the Navy or the Secretary of the Air Force shall

21 submit a response to the Secretary of the Interior,

22 which response may include a plan of action for ad23 dressing any identified deficiencies in the conduct of

24 management responsibility and for preventing fur25 ther significant degradation of the natural or cul-
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1 tural resources. If, no earlier than three months

2 after the date the notification is received, the Sec3 retary of the Interior determines that the defi4 ciencies are not being corrected, and that significant

5 degradation of the natural or cultural resources is

6 continuing, then the Secretary of the Interior may

7 effect transfer of the management responsibility for

8 the natural and cultural resources of such lands

9 from the Secretary of the Navy or the Secretary of

10 the Air Force to the Secretary of the Interior, in

11 accordance with a schedule for such transfer to be

12 established by the Secretary of the Interior.

13 (2) After a transfer of management responsi14 bility pursuant to paragraph (1) of this section, the

15 Secretary of the Interior may transfer management

16 responsibility back to the Secretary of the Navy or

17 the Secretary of the Air Force if the Secretary of

18 the Interior determines that adequate procedures

19 and plans have been established to ensure that the

20 lands withdrawn and reserved would be adequately

21 managed by the Secretary of the Navy or the Sec22 retary of the Air Force in accordance with the inte23 grated natural resources management plan.

24 (3) For any period during which the Secretary

25 of the Interior has management responsibility for
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1 the lands withdrawn and reserved pursuant to this

2 section, the integrated natural resources manage3 ment plan established pursuant to subsection (c) of

4 this section, including any amendments to the plan,

5 shall remain in effect, pending the development of a

6 management plan prepared pursuant to the Federal

7 Land Policy and Management Act of 1976, in co8 operation with the Secretary of the Navy or the Sec9 retary of the Air Force.

10 (4) Assumption by the Secretary of the Interior

11 pursuant to this subsection of management responsi12 bility for the natural and cultural resources of the

13 lands withdrawn and reserved shall not affect the

14 use of these lands for military purposes, and the

15 Secretary of the Navy or the Secretary of the Air

16 Force shall continue to direct military activities on

17 these lands.

18 (i) PAYMENT FOR SERVICES.—The Secretary of the

19 Navy and the Secretary of the Air Force shall assume all

20 costs for implementation of the integrated natural re21 sources management plan, including payment to the Sec22 retary of the Interior under section 1535 of title 31,

23 United States Code, for any costs the Secretary of the In24 terior incurs in providing goods or services to assist the

25 Secretary of the Navy or the Secretary of the Air Force
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1 in the implementation of the integrated natural resources

2 management plan.

3 (j) DEFINITIONS.—For the purposes of this title:

4 (1) The term ‘‘Indian tribe’’means an Indian or

5 Alaska Native tribe, band, nation, pueblo, village, or

6 community that the Secretary of the Interior ac7 knowledges to exist as an Indian tribe pursuant to

8 the Federally Recognized Indian Tribe List Act of

9 1994.

10 (2) The term ‘‘sacred site’’ means any specific,

11 discrete, narrowly delineated location on Federal

12 land that is identified by an Indian tribe, or its des13 ignee, as sacred by virtue of its established religious

14 significance to, or ceremonial use by, an Indian reli15 gion, but only to the extent that the tribe or its des16 ignee, has informed the Secretary of the Navy or the

17 Secretary of the Air Force of the existence of such

18 a site. Neither the Secretary of the Department of

19 Defense, the Secretary of the Navy, the Secretary of

20 the Air Force, nor the Secretary of the Interior shall

21 be required under 5 U.S.C. § 552 to make available

22 to the public any information concerning the loca23 tion, character, or use of any traditional Indian reli24 gious or sacred site located on lands withdrawn and

25 reserved by this title.
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1 SEC. 304. ENVIRONMENTAL REQUIREMENTS.

2 (a) DURING WITHDRAWAL AND RESERVATION.—

3 Throughout the duration of the withdrawal and reserva4 tion made by this title (including the duration of any re5 newal or extension), and with respect both to those activi6 ties undertaken by the Secretary of the Navy and the Sec7 retary of the Air Force on the lands withdrawn and re8 served by this title and to all activities occurring on such

9 lands during such times as the Secretary of the Navy and

10 the Secretary of the Air Force may exercise management

11 jurisdiction over the lands withdrawn and reserved by this

12 title, the Secretary of the Navy and the Secretary of the

13 Air Force shall:

14 (1) be responsible for and pay all costs related

15 to, the Department of the Navy’s or the Department

16 of the Air Force’s compliance with applicable Fed17 eral, State, and local environmental laws, regula18 tions, rules, and standards;

19 (2) carry out and maintain in accordance with

20 the requirements of all regulations, rules, and stand21 ards issued by the Department of Defense pursuant

22 to its authorities under the Defense Environmental

23 Restoration Program (10 U.S.C. §§ 2701 et seq.),

24 the Department of Defense Explosives Safety Board

25 (10 U.S.C. § 172), and Executive Order 12580, a

26 program to address—
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1 (A) any release or a substantial threat of

2 a release attributable to military munitions (in3 cluding unexploded ordnance) and other con4 stituents, and

5 (B) any release or a substantial threat of

6 a release, regardless of its source, occurring on

7 or emanating from the lands withdrawn and re8 served by this title during the period of with9 drawal and reservation; and

10 (3) provide to the Secretary of the Interior a

11 copy of any report prepared by the Secretary of the

12 Navy or the Secretary of the Air Force pursuant to

13 any Federal, State or local environmental laws, reg14 ulations, rules, and standards.

15 (b) PRIOR TO RELINQUISHMENT OR TERMI16 NATION.—

17 (1) ENVIRONMENTAL REVIEW.—Upon notifying

18 the Secretary of the Interior that the Secretary of

19 the Navy or the Secretary of the Air Force intends,

20 pursuant to section 7 of this title, to relinquish juris21 diction over the lands withdrawn and reserved by

22 this title, the Secretary of the Navy or the Secretary

23 of the Air Force shall provide to the Secretary of the

24 Interior an environmental baseline survey, military

25 range assessment, or other environmental review
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1 characterizing the environmental condition of the

2 land, air, and water resources affected by the activi3 ties undertaken by the Secretary of the Navy or the

4 Secretary of the Air Force on and over the lands

5 withdrawn and reserved by this title. If hazardous

6 substances were stored for one (1) year or more,

7 known to have been released or disposed of, or if a

8 substantial threat of a release exists, on the lands

9 withdrawn and reserved by this title, any such envi10 ronmental review shall include notice of the type and

11 quantity of such hazardous substances, and notice of

12 the time during which such storage, release, sub13 stantial threat of a release, or disposal took place.

14 (2) MEMORANDUM OF UNDERSTANDING.—In

15 addition to the provisions of this section, the Sec16 retary of the Navy, the Secretary of the Air Force,

17 and the Secretary of the Interior may enter into a

18 memorandum of understanding to implement the en19 vironmental remediation requirements of this title.

20 This memorandum of understanding may include

21 appropriate, technically feasible, and mutually ac22 ceptable cleanup standards that the concerned Sec23 retaries believe environmental remediation activities

24 shall achieve, as well as a schedule for completing

25 such activities: Provided, That such cleanup stand-
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1 ards shall be consistent with any legally applicable

2 or relevant and appropriate standard, requirement,

3 criteria, or limitation otherwise required by law.

4 (3) ENVIRONMENTAL REMEDIATION.—With re5 spect to lands to be relinquished pursuant to section

6 7 of this title, the Secretary of the Navy or the Sec7 retary of the Air Force shall take all actions nec8 essary to address any release or substantial threat of

9 a release, regardless of its source, occurring on or

10 emanating from such lands during the period of

11 withdrawal and reservation affected by this Act. To

12 the extent practicable, all such response actions shall

13 be taken before the termination of such withdrawal

14 and reservation.

15 (4) CONSULTATION.—If the Secretary of the

16 Interior accepts the relinquishment of jurisdiction

17 over any of the lands withdrawn and reserved by

18 this title before all necessary response actions have

19 been completed, the Secretary of the Interior shall

20 consult with the Secretary of the Navy or the Sec21 retary of the Air Force before undertaking or au22 thorizing any activities on the withdrawn and re23 served lands that may affect existing releases, inter24 fere with the installation, maintenance, or operation

25 of any response action or expose any person to a
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1 safety or health risk associated with either the re2 leases or the response action being undertaken.

3 (c) RESPONSIBILITY AND LIABILITY.—The Secretary

4 of the Navy and the Secretary of the Air Force, and not

5 the Secretary of the Interior, shall be responsible for and

6 conduct the necessary remediation of all releases or sub7 stantial threats of release, whether located on or ema8 nating from lands withdrawn and reserved by this title,

9 and whether known at the time or relinquishment or ter10 mination or subsequently discovered, attributable to either

11 the Secretary of the Navy’s or the Secretary of the Air

12 Force’s management of the lands withdrawn and reserved

13 by this title, or the use, management, storage, release,

14 treatment, or disposal of hazardous materials, hazardous

15 substances, hazardous wastes, pollutants, contaminants,

16 petroleum products and their derivatives, military muni17 tions, or other constituents on the lands withdrawn and

18 reserved by this title. This responsibility shall include the

19 liability for any costs or claims asserted against the

20 United States for such activities. Nothing in this para21 graph is intended to prevent the United States from bring22 ing a cost recovery, contribution, or other action against

23 third persons or parties the Secretary of the Navy or the

24 Secretary of the Air Force reasonably believes may have

25 contributed to a release or substantial threat of a release.
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1 (d) OTHER FEDERAL AGENCIES.—If the Secretary

2 of the Navy or the Secretary of the Air Force delegates

3 responsibility or jurisdiction to another Federal agency, or

4 permits another Federal agency to operate on the lands

5 withdrawn and reserved under this title, the Secretary of

6 the Navy or the Secretary of the Air Force shall retain

7 all responsibility and liability described in subsection (c)

8 of this section that is not assumed by that Federal agency

9 to whom the Secretary of the Navy or the Secretary of

10 the Air Force has granted responsibility, jurisdiction, or

11 permission.

12 (e) DEFINITIONS.—For the purposes of this title:

13 (1) The term ‘‘military munitions’’ means all

14 ammunition products and components produced or

15 used by or for the U.S. Department of Defense or

16 the U.S. Armed Services for national defense and se17 curity, including military munitions under the con18 trol of the Department of Defense, the U.S. Coast

19 Guard, the U.S. Department of Energy and Na20 tional Guard personnel. The term military munitions

21 includes: confined gaseous, liquid, and solid propel22 lants, explosives, pyrotechnics, chemical and riot

23 control agents, smokes, and incendiaries used by and

24 for Department of Defense components, including

25 bulk explosives and chemical warfare agents, chem-
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1 ical munitions, rockets, guided and ballistic missiles,

2 bombs, warheads, mortar rounds, artillery ammuni3 tion, small arms ammunition, grenades, mines, tor4 pedoes, depth charges, cluster munitions and dis5 pensers, demolition charges, and devices and compo6 nents thereof. Military munitions do not include

7 wholly inert items, improvised explosive devices and

8 nuclear weapons, nuclear devices, and nuclear com9 ponents thereof. However, the term does include

10 non-nuclear components of nuclear devices, managed

11 under Department of Energy’s nuclear weapons pro12 gram after all required sanitization operations under

13 the Atomic Energy Act of 1954, as amended, have

14 been completed.

15 (2) The term ‘‘unexploded ordnance’’ means

16 military munitions that have been primed, fused,

17 armed, or otherwise prepared for action, and have

18 been fired, dropped, launched, projected, or placed in

19 such a manner as to constitute a hazard or potential

20 hazard, to operations, installation, personnel, or ma21 terial, and remain unexploded either by malfunction,

22 design, or any other cause.

23 (3) The term ‘‘other constituents’’ means po24 tentially hazardous compounds, mixtures, or ele25 ments that are located on or originate from closed,
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1 transferred, or transferring ranges and are released

2 from military munitions or unexploded ordnance, or

3 resulted from other activities or military ranges.

4 SEC. 305. DURATION OF WITHDRAWAL AND RESERVATION.

5 (a) Unless extended pursuant to section 7 of this

6 title, the withdrawal and reservation made by this title

7 shall terminate 25 years after the date of the enactment

8 of this Act, except as otherwise provided in subsection 7(d)

9 of this title.

10 (b) At the date of termination, the previously with11 drawn lands shall not be open to any forms of appropria12 tion under the general land laws, including the mining,

13 mineral leasing, and geothermal leasing laws, until the

14 Secretary of the Interior publishes in the Federal Register

15 an appropriate order that shall state the date upon which

16 such lands shall be restored to the public domain and

17 opened.

18 SEC. 306. EXTENSION OF INITIAL WITHDRAWAL AND RES19 ERVATION.

20 (a) Not later than three (3) years prior to the termi21 nation date of the initial withdrawal and reservation made

22 by this title, the Secretary of the Navy and the Secretary

23 of the Air Force shall notify Congress and the Secretary

24 of the Interior concerning whether the Navy or Air Force

25 will have a continuing military need, beyond the termi-
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1 nation date of such withdrawal, for all or any portion of

2 the lands withdrawn.

3 (b) If the Secretary of the Navy or the Secretary of

4 the Air Force determines that there will be a continuing

5 military need for any of the lands withdrawn by this title,

6 the Secretary of the Navy and the Secretary of the Air

7 Force shall:

8 (1) consult with the Secretary of the Interior

9 concerning any adjustments to be made to the areal

10 extent of, or to the allocation of management re11 sponsibility for, such needed lands; and

12 (2) file with the Secretary of the Interior, with13 in one (1) year after the notice required by sub14 section (a) of this section, an application for exten15 sion of the withdrawal and reservation of such need16 ed lands. The Department of the Interior’s general

17 procedures for processing Federal land withdrawals

18 notwithstanding, any application for extension under

19 this title shall be considered complete if it includes

20 the following—

21 (A) the information required by section 3

22 of the Engle Act (43 U.S.C. § 157), except that

23 no information shall be required concerning the

24 use or development of mineral, timber, or graz25 ing resources unless, and only to the extent, the
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1 Secretary of the Navy or the Secretary of the

2 Air Force proposes to use or develop such re3 sources during the period of extension; and

4 (B) a copy of the most recent public report

5 prepared in accordance with subsection 3(e) of

6 this title.

7 (c) The Secretary of the Interior, the Secretary of

8 the Navy, and the Secretary of the Air Force shall ensure

9 that any legislative proposal for the extension of the with10 drawal and reservation is submitted to Congress no later

11 than May 1 of the year preceding the year in which the

12 existing withdrawal and reservation would otherwise ter13 minate.

14 SEC. 307. TERMINATION AND RELINQUISHMENT.

15 (a) At any time during the withdrawal and reserva16 tion but not later than three (3) years prior to the termi17 nation date of the withdrawal and reservation effected by

18 this title, if the Secretary of the Navy or the Secretary

19 of the Air Force determines that there is no continuing

20 military need for the lands withdrawn and reserved by this

21 title, or any portion of these lands, the Secretary of the

22 Navy or the Secretary of the Air Force shall notify the

23 Secretary of the Interior of an intention to relinquish ju24 risdiction over such lands, which notice shall specify the

25 proposed date of relinquishment.
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1 (b) The Secretary of the Interior may accept jurisdic2 tion over any lands covered by a notice of intention to re3 linquish jurisdiction under this section if the Secretary of

4 the Interior determines that the Secretary of the Navy or

5 the Secretary of the Air Force has taken the environ6 mental response actions required under section 4 of this

7 title.

8 (c) If the Secretary of the Interior accepts jurisdic9 tion over lands covered by a notice of intention to relin10 quish jurisdiction under this section before the termi11 nation date of withdrawal and reservation, the Secretary

12 of the Interior shall publish in the Federal Register an

13 appropriate order that shall—

14 (1) terminate the withdrawal and reservation of

15 such lands under this title;

16 (2) constitute official acceptance of administra17 tive jurisdiction over the lands by the Secretary of

18 the Interior; and

19 (3) state the date upon which such lands shall

20 be opened to the operation of the general land laws,

21 including the mining, mineral leasing, and geo22 thermal leasing laws, if appropriate.

23 (d)(1) Notwithstanding the termination date, unless

24 and until the Secretary of the Interior accepts jurisdiction

25 of land proposed for relinquishment pursuant to this sec-
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1 tion or until the Administrator, General Services Adminis2 tration, accepts jurisdiction of such lands under the Fed3 eral Property and Administrative Services Act of 1949 (40

4 U.S.C. §§ 251 et seq.), such land shall remain under the

5 jurisdiction of the Secretary of the Navy or the Secretary

6 of the Air Force for the limited purpose of—

7 (A) environmental response actions under sec8 tion 4 of this title; and

9 (B) continued land management responsibilities

10 pursuant to the integrated natural resources man11 agement plan under section 3 of this title.

12 (2) For any land that the Secretary of the Interior

13 determines to be suitable for return to the public domain,

14 but does not agree with the Secretary of the Navy or the

15 Secretary of the Air Force that all necessary environ16 mental response actions under section 4 of this title have

17 been taken, the Secretary of the Navy or the Secretary

18 of the Air Force and the Secretary of the Interior shall

19 resolve the dispute in accordance with any applicable dis20 pute resolution process.

21 (3) For any land that the Secretary of the Interior

22 determines to be unsuitable for return to the public do23 main, the Secretary of the Interior shall immediately no24 tify the Administrator, General Services Administration.
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1 (e) All functions described in this section, including

2 transfers, relinquishments, extensions, and other deter3 minations, may be made on a parcel-by-parcel basis.

4 SEC. 308. DELEGATIONS OF AUTHORITY.

5 (a) SECRETARY OF THE NAVY.—Except as may oth6 erwise be provided in this title, the functions of the Sec7 retary of the Navy under this title may be delegated.

8 (b) SECRETARY OF THE AIR FORCE.—Except as may

9 otherwise be provided in this title, the functions of the

10 Secretary of the Air Force under this title may be dele11 gated.

12 (c) SECRETARY OF THE INTERIOR.—The functions of

13 the Secretary of the Interior under this title may be dele14 gated, except that the following determinations and deci15 sions may be approved and signed only by the Secretary

16 of the Interior, the Deputy Secretary of the Interior, an

17 Assistant Secretary of the Interior, or the Director, Bu18 reau of Land Management—

19 (1) decisions to accept transfer, relinquishment,

20 or jurisdiction for any lands under this title and to

21 open lands to operation of the public land laws; and

22 (2) decisions to transfer management responsi23 bility from or to a military department pursuant to

24 subsection 3(h) of this title.
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1 SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

2 There are hereby authorized to be appropriated such

3 sums as may be necessary to carry out the purposes of

4 this title.

5 TITLE IV—MILITARY USE OF

6 CABEZA PRIETA NATIONAL

7 WILDLIFE REFUGE

8 SEC. 401. DEPARTMENT OF DEFENSE MILITARY AVIATION

9 TRAINING ACTIVITIES ON AND ABOVE THE

10 CABEZA PRIETA WILDLIFE REFUGE AND THE

11 CABEZA PRIETA WILDERNESS.

12 (a) CONGRESSIONAL DECLARATION OF POLICY.—

13 Congress recognizes that the historic use of the areas des14 ignated as the Cabeza Prieta National Wildlife Refuge and

15 the Cabeza Prieta Wilderness (hereinafter Cabeza Prieta)

16 by the Marine Corps and the Air Force has been integral

17 to effective operation of the Barry M. Goldwater Air Force

18 Range, and that continued use of Cabeza Prieta by the

19 Marine Corps and the Air Force to support military avia20 tion training will remain necessary to ensure the readiness

21 of this Nation’s Armed Forces. Congress also recognizes

22 that the historic use of Cabeza Prieta by the Marine Corps

23 and the Air Force has coexisted for many years with the

24 wildlife conservation and wilderness purposes for which

25 the refuge and wilderness areas were established.
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1 (b) MANAGEMENT AND USE OF THE REFUGE.—Con2 gress hereby directs the Secretary of the Interior, in co3 ordination with the Secretary of the Navy and the Sec4 retary of the Air Force, to manage Cabeza Prieta for the

5 purposes for which the refuge and wilderness were estab6 lished, and to support current and future military aviation

7 training needs consistent with the 1994 Memorandum of

8 Understanding between the Department of the Air Force

9 and the Department of the Interior, including any exten10 sion or other amendment of such Memorandum of Under11 standing as provided herein.

12 (c) EXTENDING THE MEMORANDUM OF UNDER13 STANDING.—The Secretary of the Interior, the Secretary

14 of the Navy, and the Secretary of the Air Force shall ex15 tend the November 21, 1994, Memorandum of Under16 standing among the Department of the Interior, the De17 partment of the Navy, and the Department of the Air

18 Force. The Memorandum of Understanding shall be ex19 tended for a period that coincides with the duration of

20 the withdrawal and reservation of the Barry M. Goldwater

21 Range made by this title.

22 (d) AMENDING THE MEMORANDUM OF UNDER23 STANDING.—

24 (1) AMENDMENTS TO MEET MILITARY AVIATION

25 TRAINING NEEDS.—
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1 (A) When determined by the Secretary of

2 the Navy or the Secretary of the Air Force to

3 be essential to support military aviation train4 ing, the Secretary of the Navy, the Secretary of

5 the Air Force, and the Secretary of the Interior

6 shall negotiate amendments to the Memo7 randum of Understanding—

8 (i) to revise existing or establish new

9 low-level training routes or to otherwise ac10 commodate low-level overflight; or

11 (ii) to establish new or enlarged areas

12 closed to public use as surface safety

13 zones; or

14 (iii) to accommodate the maintenance,

15 upgrade, replacement, or installation of ex16 isting or new associated ground instrumen17 tation.

18 (B) Any amendment of the Memorandum

19 of Understanding shall be consistent with the

20 respective legal responsibilities of the Secretary

21 of the Navy, the Secretary of the Air Force,

22 and the Secretary of the Interior.

23 (C) As provided by the existing provisions

24 of the National Wildlife Refuge System Im25 provement Act and the Arizona Desert Wilder-
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1 ness Act, amendments to the Memorandum of

2 Understanding to revise existing or establish

3 new low-level training routes or to otherwise ac4 commodate low-level overflight are not subject

5 to compatibility determinations nor precluded

6 by the designation of lands within the Cabeza

7 Prieta National Wildlife Refuge as wilderness.

8 (D) Amendments to the Memorandum of

9 Understanding with respect to the upgrade or

10 replacement of existing associated ground in11 strumentation or the installation of new associ12 ated ground instrumentation shall not be pre13 cluded by the existing wilderness designation to

14 the extent that the Secretary of the Interior,

15 after consultation with the Secretary of the

16 Navy and the Secretary of the Air Force, deter17 mines that such actions, considered both indi18 vidually and cumulatively, create similar or less

19 impact than the existing ground instrumenta20 tion permitted by the Arizona Desert Wilder21 ness Act of 1990.

22 (2) OTHER AMENDMENTS.—The Secretary of

23 the Interior, the Secretary of the Navy, or the Sec24 retary of the Air Force may initiate renegotiation of

25 the Memorandum of Understanding at any time to
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1 address other needed changes, and the Memorandum

2 of Understanding may be amended to accommodate

3 any such changes by the mutual consent of the par4 ties consistent with their respective legal responsibil5 ities.

6 (3) EFFECTIVE DATE OF AMENDMENTS.—

7 Amendments to the Memorandum of Understanding

8 shall take effect 90 days after the Secretary of the

9 Interior has notified the Committees on Environ10 ment and Public Works, Energy and Natural Re11 sources, and Armed Services of the United States

12 Senate and the Committees on Resources and

13 Armed Services of the United States House of Rep14 resentatives.

15 SEC. 402. STATUS OF CONTAMINATED LANDS.

16 (a) DECONTAMINATION.—Throughout the duration

17 of the withdrawal of the Barry M. Goldwater Range, the

18 Secretary of the Navy and the Secretary of the Air Force,

19 to the extent funds are made available, shall maintain a

20 program of decontamination of the portions of Cabeza

21 Prieta used for military training purposes at least at the

22 level of cleanup currently achieved on such lands. More23 over, any environmental contamination caused or contrib24 uted to by the Department of the Navy or the Department

25 of the Air Force shall be the responsibility of the Depart-
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1 ment of the Navy or the Department of the Air Force and

2 not the responsibility of the Department of the Interior.

3 (b) EFFECT.—Nothing in this section shall be con4 strued as constituting or effecting a relinquishment within

5 the meaning of section 8 of Public Law 99–606.

6 SEC. 403. PUBLIC SAFETY.

7 If the Secretary of the Navy or the Secretary of the

8 Air Force determines that military operations, public safe9 ty, or national security require the closure to the public

10 of any road, trail, or other portion of Cabeza Prieta, the

11 Secretary of the Interior shall take such action as is deter12 mined necessary or desirable to effect and maintain such

13 closure, including agreeing to amend the Memorandum of

14 Understanding to establish new or enhanced surface safety

15 zones.

16 TITLE V—FORT GREELY AND

17 FORT WAINWRIGHT TRAIN18 ING RANGES, ALASKA

19 SEC. 501. WITHDRAWAL AND RESERVATION.

20 (a) WITHDRAWAL.—Subject to valid existing rights

21 and except as otherwise provided in this title, all lands

22 and interests in lands within the boundaries established

23 at the Fort Greely East and West Training Ranges and

24 the Yukon Training Range of Fort Wainwright (herein25 after Alaska Army Training Ranges, as used in this title),
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1 referred to in subsection (c) of this section, are hereby

2 withdrawn from all forms of appropriation under the gen3 eral land laws, including the mining, mineral leasing and

4 geothermal leasing laws, and jurisdiction over such lands

5 and interest in lands withdrawn and reserved by this title

6 is hereby transferred to the Secretary of the Army.

7 (b) RESERVATION.—The lands withdrawn under sub8 section (a) of this section are reserved for use by the Sec9 retary of the Army for—

10 (1) military maneuvering, training, and equip11 ment development and testing;

12 (2) training for aerial gunnery, rocketry, elec13 tronic warfare, and tactical maneuvering and air

14 support; and

15 (3) other defense-related purposes consistent

16 with the purposes specified in this subsection.

17 (c) LAND DESCRIPTION.—The public lands and in18 terests in lands withdrawn and reserved by this section

19 comprise approximately 869,862 acres of land in the Fair20 banks North Star Borough and the Unorganized Borough,

21 Alaska, as generally depicted on the map entitled ‘‘Fort

22 Wainwright and Fort Greely Regional Context Map’’

23 dated June 3, 1987, and filed in accordance with section

24 2 of this title.
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1 (d) CHANGES IN USE.—The Secretary of the Army

2 shall consult with the Secretary of the Interior prior to

3 using the lands withdrawn and reserved by this title for

4 any purpose other than those purposes identified in sub5 section (b) of this section.

6 (e) INDIAN TRIBES.—Nothing in this title shall be

7 construed as altering any rights reserved for Indians by

8 treaty or Federal law.

9 SEC. 502. MAP AND LEGAL DESCRIPTION.

10 (a) PREPARATION OF MAPS AND LEGAL DESCRIP11 TION.—As soon as practicable after the effective date of

12 this Act, the Secretary of the Interior shall—

13 (1) publish in the Federal Register a notice

14 containing the legal description of the lands with15 drawn and reserved by this title; and

16 (2) file a map or maps and the legal description

17 of lands withdrawn and reserved by this title with

18 the Committee on Energy and Natural Resources of

19 the United States Senate and with the Committee

20 on Resources of the United States House of Rep21 resentatives.

22 (b) LEGAL EFFECT.—Such legal description shall

23 have the same force and effect as if it were included in

24 this title: Provided, That the Secretary of the Interior may

25 correct clerical and typographical errors in such legal de-
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1 scription. The maps filed under this section shall support

2 the legal description, without independent legal effect.

3 (c) AVAILABILITY.—Copies of the map or maps and

4 the legal description shall be available for public inspection

5 in the offices of the Alaska State Director and Northern

6 Field Office Manager of the Bureau of Land Management

7 and the Office of the Commander, Fort Greely and Office

8 of the Commander, Fort Wainwright, Alaska.

9 (d) COSTS.—The Secretary of the Army shall reim10 burse the Secretary of the Interior for the costs incurred

11 by the Secretary of the Interior in implementing this sec12 tion.

13 SEC. 503. MANAGEMENT OF WITHDRAWAL AND RESERVED

14 LANDS.

15 (a) GENERAL MANAGEMENT AUTHORITY.—During

16 the period of withdrawal and reservation made by this

17 title, the Secretary of the Department of the Army shall

18 manage the lands withdrawn and reserved by this title for

19 the military purposes specified in section 1 of this title,

20 and in accordance with the integrated natural resource

21 management plan prepared pursuant to subsection (c) of

22 this section: Provided, however, That responsibility for nat23 ural and cultural resources management and the enforce24 ment of Federal laws related thereto shall not transfer be25 fore the integrated natural resources management plan as
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1 required by subsection (c) of this section is completed or

2 November 1, 2001, whichever comes first: And provided

3 further, That the Secretary of the Interior may, if appro4 priate, effect transfer of responsibility for natural and cul5 tural resources to the Department of the Interior pursuant

6 to subsection (i) of this section.

7 (b) ACCESS RESTRICTIONS.—

8 (1) If the Secretary of the Army determines

9 that military operations, public safety, or national

10 security require the closure to the public of any

11 road, trail, or other portion of the lands withdrawn

12 and reserved by this title, the Secretary of the Army

13 is authorized to take such action as the Secretary of

14 the Army determines necessary or desirable to effect

15 and maintain such closure.

16 (2) Any such closure shall be limited to the

17 minimum areas and periods that the Secretary of

18 the Army determines are required for the purposes

19 specified in this subsection. Prior to any non20 emergency closure not specified in the integrated

21 natural resources management plan required by sub22 section (c) of this section, the Secretary of the Army

23 shall consult with the Secretary of the Interior and,

24 where any such closure may affect tribal lands, trea25 ty rights, or sacred sites, the Secretary of the Army
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1 shall consult, at the earliest practical time, with af2 fected Indian tribes.

3 (3) Immediately preceding and during any clo4 sure under this subsection, the Secretary of the

5 Army shall post appropriate warning notices and

6 take other steps, as necessary, to notify the public

7 of the closure.

8 (c) INTEGRATED NATURAL RESOURCES MANAGE9 MENT PLAN.—Within two (2) years of the date of enact10 ment of this title, the Secretary of the Army and the Sec11 retary of the Interior shall jointly prepare an integrated

12 natural resources management plan for the lands with13 drawn and reserved by this title: Provided, however, That

14 any disagreement concerning the contents of the plan (or

15 any subsequent amendments to the plan) shall be resolved

16 by the Secretary of the Army, after consultation with the

17 Secretary of the Interior through the State Director, Bu18 reau of Land Management and, as appropriate, the Re19 gional Director, United States Fish and Wildlife Service.

20 This authority may be delegated to the installation com21 mander. In all other respects, the plan shall be prepared

22 and implemented in accordance with the Sikes Act (16

23 U.S.C. § 670a et seq.) and the requirements of this section

24 and shall—
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1 (1) include provisions for proper management

2 and protection of the natural and cultural resources,

3 and for sustainable use by the public of such re4 sources to the extent consistent with the military

5 purposes for which the lands are withdrawn and re6 served;

7 (2) be developed in consultation with affected

8 Indian tribes and shall include provisions that ad9 dress how the Secretary of the Army intends to—

10 (A) meet the United States’ trust respon11 sibilities with respect to Indian tribes, lands,

12 and rights reserved by treaty or Federal law af13 fected by the withdrawal and reservation;

14 (B) allow access to and ceremonial use of

15 Indian sacred sites to the extent consistent with

16 the military purposes for which the lands are

17 withdrawn and reserved; and

18 (C) provide for timely consultation with af19 fected Indian tribes;

20 (3) provide that any hunting, fishing, and trap21 ping on the lands withdrawn and reserved by this

22 title shall be conducted in accordance with the provi23 sions of 10 U.S.C. § 2671;

24 (4) identify current test and target impact

25 areas and related buffer or safety zones;
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1 (5) provide that the Secretary of the Army shall

2 take necessary actions to prevent, suppress, and

3 manage brush and range fires occurring within the

4 boundaries of the Alaska Army Training Ranges, as

5 well as brush and range fires occurring outside the

6 boundaries of the Alaska Army Training Ranges re7 sulting from military activities; notwithstanding the

8 provisions of 10 U.S.C. § 2465, the Secretary of the

9 Army may obligate funds appropriated or otherwise

10 available to the Secretary to enter into memoranda

11 of understanding, cooperative agreements, and con12 tracts for fire fighting that shall reimburse the Sec13 retary of the Interior for costs incurred under this

14 subsection;

15 (6) provide that all gates, fences and barriers

16 constructed after the enactment of this title shall be

17 designed and erected to allow wildlife access, to the

18 extent practicable and consistent with military secu19 rity, safety, and sound wildlife management;

20 (7) provide that the Secretary of the Army may

21 dispose of forest products removed from the lands

22 withdrawn and reserved by this title through sale or

23 other means, in accordance with 10 U.S.C. § 2665;

24 (8) provide for livestock grazing and agricul25 tural out-leasing, if appropriate, in accordance with
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1 10 U.S.C. § 2667 and at the discretion of the Sec2 retary of the Army;

3 (9) incorporate any existing management plans

4 pertaining to the lands withdrawn and reserved by

5 this title, to the extent that the Secretary of the

6 Army and the Secretary of the Interior, upon review7 ing any such plans, mutually determine that incorpo8 ration into a plan pursuant to this section is appro9 priate;

10 (10) include procedures to ensure that the peri11 odic reviews of the plan required by the Sykes Act

12 are conducted jointly by the Secretary of the Army

13 and the Secretary of the Interior, and that affected

14 States and Indian tribes, and the public are provided

15 a meaningful opportunity to comment upon any sub16 stantial revisions to the plan that may be proposed;

17 and

18 (11) provide procedures to amend the plan as

19 necessary.

20 (d) MEMORANDA OF UNDERSTANDING AND COOPER21 ATIVE AGREEMENTS.—The Secretary of the Army may

22 enter into memoranda of understanding or cooperative

23 agreements with the Secretary of the Interior or other ap24 propriate Federal, State, or local agencies, Indian tribes,

25 or other public or private organizations or institutions, as
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1 necessary to implement the integrated natural resources

2 management plan prepared pursuant to this section. Any

3 memorandum of understanding or cooperative agreement

4 affecting integrated natural resources management may

5 be combined, where appropriate, with any other memo6 randum of understanding or cooperative agreement en7 tered into to implement this title, and shall not be subject

8 to the provisions of the Federal Grant and Cooperative

9 Agreement Act of 1977 (31 U.S.C. §§ 6301–6308).

10 (e) USE OF MINERAL MATERIALS.—Notwithstanding

11 any other provisions of this title or the Materials Act of

12 1947 (30 U.S.C. §§ 601 et seq.), the Secretary of the

13 Army may use sand, gravel, or similar mineral material

14 resources of the type subject to disposition under the Ma15 terials Act from the lands withdrawn and reserved by this

16 title: Provided, That use of such resources is required for

17 construction needs of the Alaska Army Training Ranges.

18 (f) LEASES, EASEMENTS AND RIGHTS-OF-WAY.—

19 The Secretary of the Interior may issue any lease, ease20 ment, right-of-way, or other authorization with respect to

21 the nonmilitary use of the lands withdrawn and reserved

22 by this title only with the concurrence of the Secretary

23 of the Army.

24 (g) PUBLIC REPORTS.—
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1 (1) Concurrent with each review of the inte2 grated natural resources management plan pursuant

3 to paragraph (c)(10) of this section, the Secretary of

4 the Army and the Secretary of the Interior shall

5 jointly prepare and issue a report describing changes

6 in the condition of the public lands withdrawn and

7 reserved by this title from the later of the date of

8 any previous report under this subsection or the date

9 of the environmental impact statement prepared to

10 support this title. In addition, this report shall in11 clude a summary of current military use; any

12 changes in military use since the previous report;

13 and efforts related to the management of natural

14 and cultural resources and environmental remedi15 ation during the previous five (5) years. This report

16 may be combined with any report required by the

17 Sikes Act. Any disagreements concerning the con18 tents of this report shall be resolved by the Sec19 retary of the Army. This authority may be delegated

20 to the installation commander.

21 (2) Prior to its finalization, the Secretary of the

22 Army and the Secretary of the Interior shall invite

23 interested members of the public to review and com24 ment upon the report and shall hold at least one

25 public meeting concerning the report in a location or
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1 locations reasonably accessible to those persons who

2 may be affected by management of the lands with3 drawn and reserved by this title. The public meeting

4 shall be announced no fewer than 15 days prior to

5 the meeting date by advertisements in local news6 papers of general circulation, by publishing an an7 nouncement in the Federal Register, and by any

8 other means deemed necessary.

9 (3) Final reports shall be made available to the

10 public and submitted to appropriate committees of

11 Congress.

12 (h) INTERGOVERNMENTAL EXECUTIVE COM13 MITTEE.—Within two (2) years of the date of the enact14 ment of this title, the Secretary of the Army and the Sec15 retary of the Interior shall, by memorandum of under16 standing, establish an intergovernmental executive com17 mittee, comprised of selected representatives from inter18 ested Federal agencies, as well as elected officers (or other

19 authorized representatives) from State governments and

20 elected officers (or other authorized representatives) from

21 such local and tribal governments as may be designated

22 at the discretion of the Secretary of the Army and the

23 Secretary of the Interior. The intergovernmental executive

24 committee shall be established solely for the purposes of

25 exchanging views, information, and advice relating to the
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1 management of natural and cultural resources on the af2 fected public lands. The intergovernmental executive com3 mittee shall operate in accordance with the terms set forth

4 in a memorandum of understanding that shall specify

5 those Federal agencies and elected officers or representa6 tives of State, local and tribal governments to be invited

7 to participate. The memorandum of understanding shall

8 establish procedures for creating a forum for exchanging

9 views, information and advice relating to the management

10 of natural and cultural resources on affected public lands,

11 procedures for rotating the Chair of the intergovernmental

12 executive committee, and procedures for scheduling reg13 ular meetings. The Secretary of the Army may, in con14 sultation with the Secretary of the Interior, appoint an

15 individual to serve as Committee Coordinator. The duties

16 of the Coordinator shall be included in the memorandum

17 of understanding. The Coordinator shall not be a member

18 of the committee.

19 (i) TRANSFER OF MANAGEMENT RESPONSIBILITY.—

20 (1) If the Secretary of the Interior determines

21 that the Secretary of the Army has failed to manage

22 the lands withdrawn and reserved by this title, for

23 military purposes in accordance with the integrated

24 natural management plan, and that the failure to do

25 so is resulting in significant degradation of the nat-
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1 ural or cultural resources of such lands, the Sec2 retary of the Interior shall give the Secretary of the

3 Army written notice of such determination, a de4 scription of the deficiencies in management practices

5 by the Secretary of the Army, and an explanation of

6 the methodology employed in reaching the deter7 mination. Within 60 days of the date such notifica8 tion is received, the Secretary of the Army shall sub9 mit a response to the Secretary of the Interior,

10 which response may include a plan of action for ad11 dressing any identified deficiencies in the conduct of

12 management responsibility and for preventing fur13 ther significant degradation of the natural or cul14 tural resources. If, no earlier than three months

15 after the date the notification is received, the Sec16 retary of the Interior determines that the defi17 ciencies are not being corrected, and that significant

18 degradation of the natural or cultural resources is

19 continuing, then the Secretary of the Interior may

20 effect transfer of the management responsibility for

21 the natural and cultural resources of such lands

22 from the Secretary of the Army to the Secretary of

23 the Interior, in accordance with a schedule for such

24 transfer to be established by the Secretary of the In25 terior.
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1 (2) After a transfer of management responsi2 bility pursuant to paragraph (1) of this section, the

3 Secretary of the Interior may transfer management

4 responsibility back to the Secretary of the Army if

5 the Secretary of the Interior determines that ade6 quate procedures and plans have been established to

7 ensure that the lands withdrawn and reserved would

8 be adequately managed by the Secretary of the

9 Army in accordance with the integrated natural re10 sources management plan.

11 (3) For any period during which the Secretary

12 of the Interior has management responsibility for

13 the lands withdrawn and reserved pursuant to this

14 section, the integrated natural resources manage15 ment plan established pursuant to subsection (c) of

16 this section, including any amendments to the plan,

17 shall remain in effect, pending the development of a

18 management plan prepared pursuant to the Federal

19 Land Policy and Management Act of 1976, in co20 operation with the Secretary of the Army.

21 (4) Assumption by the Secretary of the Interior

22 pursuant to this subsection of management responsi23 bility for the natural and cultural resources of the

24 lands withdrawn and reserved shall not affect the

25 use of these lands for military purposes, and the
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1 Secretary of the Army shall continue to direct mili2 tary activities on these lands.

3 (j) PAYMENT FOR SERVICES.—The Secretary of the

4 Army shall assume all costs for implementation of the in5 tegrated natural resources management plan, including

6 payment to the Secretary of the Interior under section

7 1535 of title 31, United States Code, for any costs the

8 Secretary of the Interior incurs in providing goods or serv9 ices to assist the Secretary of the Army in the implementa10 tion of the integrated natural resources management plan.

11 (k) DEFINITIONS.—For the purposes of this title:

12 (1) The term ‘‘Indian tribe’’ means an Indian

13 or Alaska Native tribe, band, nation, pueblo, village,

14 or community that the Secretary of the Interior ac15 knowledges to exist as an Indian tribe pursuant to

16 the Federally Recognized Indian Tribe List Act of

17 1994.

18 (2) The term ‘‘sacred site’’ means any specific,

19 discrete, narrowly delineated location on Federal

20 land that is identified by an Indian tribe, or its des21 ignee, as sacred by virtue of its established religious

22 significance to, or ceremonial use by, an Indian reli23 gion, but only to the extent that the tribe or its des24 ignee has informed the Secretary of the Army of the

25 existence of such a site. Neither the Secretary of the
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1 Department of Defense, the Secretary of the Army,

2 nor the Secretary of the Interior shall be required

3 under 5 U.S.C. § 552 to make available to the public

4 any information concerning the location, character,

5 or use of any traditional Indian religious or sacred

6 site located on lands withdrawn and reserved by this

7 title.

8 SEC. 504. ENVIRONMENTAL REQUIREMENTS.

9 (a) DURING WITHDRAWAL AND RESERVATION.—

10 Throughout the duration of the withdrawal and reserva11 tion made by this title (including the duration of any re12 newal or extension), and with respect both to those activi13 ties undertaken by the Secretary of the Army on the lands

14 withdrawn and reserved by this title and to all activities

15 occurring on such lands during such times as the Sec16 retary of the Army may exercise management jurisdiction

17 over the lands withdrawn and reserved by this title, the

18 Secretary of the Army shall—

19 (1) be responsible for and pay all costs related

20 to, the Department of the Army’s compliance with

21 applicable Federal, State, and local environmental

22 laws, regulations, rules, and standards;

23 (2) carry out and maintain in accordance with

24 the requirements of all regulations, rules, and stand25 ards issued by the Department of Defense pursuant
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1 to its authorities under the Defense Environmental

2 Restoration Program (10 U.S.C. §§ 2701 et seq.),

3 the Department of Defense Explosives Safety Board

4 (10 U.S.C. § 172), and Executive Order 12580, a

5 program to address—

6 (A) any release or a substantial threat of a re7 lease attributable to military munitions (including

8 unexploded ordnance) and other constituents, and

9 (B) any release or a substantial threat of a re10 lease, regardless of its source, occurring on or ema11 nating from the lands withdrawn and reserved by

12 this title during the period of withdrawal and res13 ervation; and

14 (3) provide to the Secretary of the Interior a

15 copy of any report prepared by the Secretary of the

16 Army pursuant to any Federal, State, or local envi17 ronmental laws, regulations, rules, and standards.

18 (b) PRIOR TO RELINQUISHMENT OR TERMI19 NATION.—

20 (1) ENVIRONMENTAL REVIEW.—Upon notifying

21 the Secretary of the Interior that the Secretary of

22 the Army intends, pursuant to section 7 of this title,

23 to relinquish jurisdiction over the lands withdrawn

24 and reserved by this title, the Secretary of the Army

25 shall provide to the Secretary of the Interior an en-
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1 vironmental baseline survey, military range assess2 ment, or other environmental review characterizing

3 the environmental condition of the land, air, and

4 water resources affected by the activities undertaken

5 by the Secretary of the Army on and over the lands

6 withdrawn and reserved by this title. If hazardous

7 substances were stored for one (1) year or more,

8 known to have been released or disposed of, or if a

9 substantial threat of a release exists, on the lands

10 withdrawn and reserved by this title, any such envi11 ronmental review shall include notice of the type and

12 quantity of such hazardous substances, and notice of

13 the time during which such storage, release, sub14 stantial threat of a release, or disposal took place.

15 (2) MEMORANDUM OF UNDERSTANDING.—In

16 addition to the provisions of this section, the Sec17 retary of the Army and the Secretary of the Interior

18 may enter into a memorandum of understanding to

19 implement the environmental remediation require20 ments of this title. This memorandum of under21 standing may include appropriate, technically fea22 sible, and mutually acceptable cleanup standards

23 that both Secretaries believe environmental remedi24 ation activities shall achieve, as well as a schedule

25 for completing such activities: Provided, That such
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1 cleanup standards shall be consistent with any le2 gally applicable or relevant and appropriate stand3 ard, requirement, criteria, or limitation otherwise re4 quired by law.

5 (3) ENVIRONMENTAL REMEDIATION.—With re6 spect to lands to be relinquished pursuant to section

7 8 of this title, the Secretary of the Army shall take

8 all actions necessary to address any release or sub9 stantial threat of a release, regardless of its source,

10 occurring on or emanating from such lands during

11 the period of withdrawal and reservation effected by

12 this Act. To the extent practicable, all such response

13 actions shall be taken before the termination of such

14 withdrawal and reservation.

15 (4) CONSULTATION.—If the Secretary of the

16 Interior accepts the relinquishment of jurisdiction

17 over any of the lands withdrawn and reserved by

18 this title before all necessary response actions have

19 been completed, the Secretary of the Interior shall

20 consult with the Secretary of the Army before un21 dertaking or authorizing any activities on the with22 drawn and reserved lands that may affect existing

23 releases, interfere with the installation, maintenance,

24 or operation of any response action or expose any

25 person to a safety or health risk associated with ei-
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1 ther the release or the response action being under2 taken.

3 (c) RESPONSIBILITY AND LIABILITY.—The Secretary

4 of the Army, and not the Secretary of the Interior, shall

5 be responsible for and conduct the necessary remediation

6 of all releases or substantial threats of release, whether

7 located on or emanating from lands withdrawn and re8 served by this title, and whether known at the time of re9 linquishment or termination or subsequently discovered,

10 attributable to either the Secretary of the Army’s manage11 ment of the lands withdrawn and reserved by this title,

12 or the use, management, storage, release, treatment, or

13 disposal of hazardous materials, hazardous substances,

14 hazardous wastes, pollutants, contaminants, petroleum

15 products and their derivatives, military munitions, or

16 other constituents on the lands withdrawn and reserved

17 by this title. This responsibility shall include the liability

18 for any costs or claims asserted against the United States

19 for such activities. Nothing in this paragraph is intended

20 to prevent the United States from bringing a cost recov21 ery, contribution, or other action against third persons or

22 parties the Secretary of the Army reasonably believes may

23 have contributed to a release or substantial threat of a

24 release.
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1 (d) OTHER FEDERAL AGENCIES.—If the Secretary

2 of the Army delegates responsibility or jurisdiction to an3 other Federal agency, or permits another Federal agency

4 to operate on the lands withdrawn and reserved by this

5 title, the Secretary of the Army shall retain all responsi6 bility and liability described in subsection (c) of this sec7 tion that is not assumed by that Federal agency to whom

8 the Secretary of the Army has granted responsibility, ju9 risdiction or permission.

10 (e) DEFINITIONS.—For the purposes of this title:

11 (1) The term ‘‘military munitions’’ means all

12 ammunition products and components produced or

13 used by or for the U.S. Department of Defense or

14 the U.S. Armed Services for national defense and se15 curity, including military munitions under the con16 trol of the Department of Defense, the U.S. Coast

17 Guard, the U.S. Department of Energy and Na18 tional Guard personnel. The term military munitions

19 includes: confined gaseous, liquid, and solid propel20 lants, explosives, pyrotechnics, chemical and riot

21 control agents, smokes, and incendiaries used by and

22 for Department of Defense components, including

23 bulk explosives and chemical warfare agents, chem24 ical munitions, rockets, guided and ballistic missiles,

25 bombs, warheads, mortar rounds, artillery ammuni-
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1 tion, small arms ammunition, grenades, mines, tor2 pedoes, depth charges, cluster munitions and dis3 pensers, demolition charges, and devices and compo4 nents thereof. Military munitions do not include

5 wholly inert items, improvised explosive devices and

6 nuclear weapons, nuclear devices, and nuclear com7 ponents thereof. However, the term does include

8 non-nuclear components of nuclear devices, managed

9 under Department of Energy’s nuclear weapons pro10 gram after all required sanitization operations under

11 the Atomic Energy Act of 1954, as amended, have

12 been completed.

13 (2) The term ‘‘unexploded ordnance’’ means

14 military munitions that have been primed, fused,

15 armed, or otherwise prepared for action, and have

16 been fired, dropped, launched, projected, or placed in

17 such a manner as to constitute a hazard or potential

18 hazard, to operations, installation, personnel, or ma19 terial, and remain unexploded either by malfunction,

20 design or any other cause.

21 (3) The term ‘‘other constituents’’ means po22 tentially hazardous compounds, mixtures, or ele23 ments that are located on or originate from closed,

24 transferred or transferring ranges and are released
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1 from military munitions or unexploded ordnance, or

2 resulted from other activities on military ranges.

3 SEC. 505. DURATION OF WITHDRAWAL AND RESERVATION.

4 (a) Unless extended pursuant to section 6 of this title

5 the withdrawal and reservation made by this title shall ter6 minate 25 years after the date of the enactment of this

7 Act, except as otherwise provided in subsection 7(d) of this

8 title.

9 (b) At the date of termination, the previously with10 drawn lands shall not be open to any forms of appropria11 tion under the general land laws, including the mining,

12 mineral leasing, and geothermal leasing laws, until the

13 Secretary of the Interior publishes in the Federal Register

14 an appropriate order that shall state the date upon which

15 such lands shall be restored to the public domain and

16 opened.

17 SEC. 506. EXTENSION OF INITIAL WITHDRAWAL AND RES18 ERVATION.

19 (a) Not later than three (3) years prior to the termi20 nation date of the initial withdrawal and reservation made

21 by this title, the Secretary of the Army shall notify Con22 gress and the Secretary of the Interior concerning whether

23 the Army will have a continuing military need, beyond the

24 termination date of such withdrawal, for all or any portion

25 of the lands withdrawn.
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1 (b) If the Secretary of the Army determines that

2 there will be a continuing military need for any of the

3 lands withdrawn by this title, the Secretary of the Army

4 shall—

5 (1) consult with the Secretary of the Interior

6 concerning any adjustments to be made to the areal

7 extent of, or to the allocation of management re8 sponsibility for, such needed lands; and

9 (2) file with the Secretary of the Interior, with10 in one (1) year after the notice required by sub11 section (a) of this section, an application for exten12 sion of the withdrawal and reservation of such need13 ed lands. The Department of the Interior’s general

14 procedures for processing Federal land withdrawals

15 notwithstanding, any application for extension under

16 this title shall be considered complete if it includes

17 the following:

18 (A) the information required by section 3

19 of the Engle Act (43 U.S.C. § 157), except that

20 no information shall be required concerning the

21 use or development of mineral, timber, or graz22 ing resources unless, and only to the extent, the

23 Secretary of the Army proposes to use or de24 velop such resources during the period of exten25 sion; and
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1 (B) a copy of the most recent public report

2 prepared in accordance with subsection 3(f) of

3 this title.

4 (c) The Secretary of the Interior and the Secretary

5 of the Army shall ensure that any legislative proposal for

6 the extension of the withdrawal and reservation is sub7 mitted to Congress no later than May 1 of the year pre8 ceding the year in which the existing withdrawal and res9 ervation would otherwise terminate.

10 SEC. 507. TERMINATION AND RELINQUISHMENT.

11 (a) At any time during the withdrawal and reserva12 tion but not later than three (3) years prior to the termi13 nation date of the withdrawal and reservation effected by

14 this title, if the Secretary of the Army determines that

15 there is no continuing military need for the lands with16 drawn and reserved by this title, or any portion of these

17 lands, the Secretary of the Army shall notify the Secretary

18 of the Interior of an intention to relinquish jurisdiction

19 over such lands, which notice shall specify the proposed

20 date of relinquishment.

21 (b) The Secretary of the Interior may accept jurisdic22 tion over any lands covered by a notice of intention to re23 linquish jurisdiction under this section if the Secretary of

24 the Interior determines that the Secretary of the Army
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1 has taken the environmental response actions required

2 under section 4 of this title.

3 (c) If the Secretary of the Interior accepts jurisdic4 tion over lands covered by a notice of intention to relin5 quish jurisdiction under this section before the termi6 nation date of withdrawal and reservation, the Secretary

7 of the Interior shall publish in the Federal Register an

8 appropriate order that shall—

9 (1) terminate the withdrawal and reservation of

10 such lands under this title;

11 (2) constitute official acceptance of administra12 tive jurisdiction over the lands by the Secretary of

13 the Interior; and

14 (3) state the date upon which such lands shall

15 be opened to the operation of the general land laws,

16 including the mining, mineral leasing and geo17 thermal leasing laws, if appropriate.

18 (d)(1) Notwithstanding the termination date, unless

19 and until the Secretary of the Interior accepts jurisdiction

20 of land proposed for relinquishment pursuant to this sec21 tion or until the Administrator, General Services Adminis22 tration accepts jurisdiction of such lands under the Fed23 eral Property and Administrative Services Act of 1949 (40

24 U.S.C. §§ 251 et seq.), such land shall remain under the
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1 jurisdiction of the Secretary of the Army for the limited

2 purposes of—

3 (A) environmental response actions under sec4 tion 4 of this title; and

5 (B) continued land management responsibilities

6 pursuant to the integrated natural resources man7 agement plan under section 3 of this title.

8 (2) For any land that the Secretary of the Interior

9 determines to be suitable for return to the public domain,

10 but does not agree with the Secretary of the Army that

11 all necessary environmental response actions under section

12 4 of this title have been taken, the Secretary of the Army

13 and the Secretary of the Interior shall resolve the dispute

14 in accordance with any applicable dispute resolution proc15 ess.

16 (3) For any land that the Secretary of the Interior

17 determines to be unsuitable for return to the public do18 main, the Secretary of the Interior shall immediately no19 tify the Administrator, General Services Administration.

20 (e) All functions described under this section, includ21 ing transfers, relinquishments, extensions and other deter22 minations, may be made on a parcel-by-parcel basis.
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1 SEC. 508. DELEGATIONS OF AUTHORITY.

2 (a) SECRETARY OF THE ARMY.—Except as may oth3 erwise be provided in this title, the functions of the Sec4 retary of the Army under this title may be delegated.

5 (b) SECRETARY OF THE INTERIOR.—The functions

6 of the Secretary of the Interior under this title may be

7 delegated, except that the following determinations and

8 decisions may be approved and signed only by the Sec9 retary of the Interior, the Deputy Secretary of the Inte10 rior, an Assistant Secretary of the Interior, or the Direc11 tor, Bureau of Land Management:

12 (1) Decisions to accept transfer, relinquish13 ment, or jurisdiction for any lands under this title

14 and to open lands to operation of the public land

15 laws; and

16 (2) decisions to transfer management responsi17 bility from or to a military department to subsection

18 3(i) of this title.

19 SEC. 509. AUTHORIZATION OF APPROPRIATIONS.

20 There are hereby authorized to be appropriated such

21 sums as may be necessary to carry out the purposes of

22 this title.
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1 TITLE VI—McGREGOR RANGE,

2 FORT BLISS, NEW MEXICO

3 SEC. 601. WITHDRAWAL AND RESERVATION.

4 (a) WITHDRAWAL.—Subject to valid existing rights

5 and except as otherwise provided in this title, all lands

6 and interests in lands within the boundaries established

7 at the McGregor Range of Fort Bliss, referred to in sub8 section (c) of this section, are hereby withdrawn from all

9 forms of appropriation under the general land laws, in10 cluding the mining, mineral leasing and geothermal leas11 ing laws, and jurisdiction over such lands and interest in

12 lands withdrawn and reserved by this title is hereby trans13 ferred to the Secretary of the Army.

14 (b) RESERVATION.—The lands withdrawn under sub15 section (a) of this section are reserved for use by the Sec16 retary of the Army for—

17 (1) military maneuvering, training, and equip18 ment development and testing; and

19 (2) training for aerial gunnery, rocketry, elec20 tronic warfare, and tactical maneuvering and air

21 support associated with the Air Force Tactical Tar22 get Complex; and

23 (3) other defense-related purposes consistent

24 with the purposes specified in this subsection.
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1 (c) LAND DESCRIPTION.—The public lands and in2 terests in lands withdrawn and reserved by this section

3 comprise 608,385 acres of land in Otero County, New

4 Mexico, as generally depicted on the map entitled

5 ‘‘McGregor Range Withdrawal’’ dated June 3, 1999, and

6 filed in accordance with section 2 of this title.

7 (d) CHANGES IN USE.—The Secretary of the Army

8 shall consult with the Secretary of the Interior prior to

9 using the lands withdrawn and reserved by this title for

10 any purpose other than those purposes identified in sub11 section (b) of this section: Provided, however, That any

12 change in military use within the Otero Mesa-Sacramento

13 Foothills portion of McGregor Range, as depicted on the

14 map referenced in subsection (c) of this section, shall re15 quire the concurrence of the Secretary of the Interior.

16 (e) INDIAN TRIBES.—Nothing in this title shall be

17 construed as altering any rights reserved for Indians by

18 treaty or Federal law.

19 SEC. 602. MAP AND LEGAL DESCRIPTION.

20 (a) PREPARATION OF MAPS AND LEGAL DESCRIP21 TION.—As soon as practicable after the effective date of

22 this Act, the Secretary of the Interior shall—

23 (1) publish in the Federal Register a notice

24 containing the legal description of the lands with25 drawn and reserved by this title; and
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1 (2) file a map or maps and the legal description

2 of the lands withdrawn and reserved by this title

3 with the Committee on Energy and Natural Re4 sources of the United States Senate and with the

5 Committee on Resources of the United States House

6 of Representatives.

7 (b) LEGAL EFFECT.—Such legal description shall

8 have the same force and effect as if it were included in

9 this title: Provided, That the Secretary of the Interior may

10 correct clerical and typographical errors in such legal de11 scription. The maps filed under this section shall support

12 the legal description, without independent legal effect.

13 (c) AVAILABILITY.—Copies of the map or maps and

14 the legal description shall be available for public inspection

15 in the offices of the New Mexico State Director and Las

16 Cruces Field Office Manager of the Bureau of Land Man17 agement and the Office of the Commander, Fort Bliss,

18 Texas.

19 (d) COSTS.—The Secretary of the Army shall reim20 burse the Secretary of the Interior for the costs incurred

21 by the Secretary of the Interior in implementing this sec22 tion.
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1 SEC. 603. MANAGEMENT OF WITHDRAWN AND RESERVED

2 LANDS.

3 (a) GENERAL MANAGEMENT AUTHORITY.—During

4 the period of withdrawal and reservation made by this

5 title, the Secretary of the Army shall manage the lands

6 withdrawn and reserved by this title for the military pur7 poses specified in section 1 of this title, and in accordance

8 with the integrated natural resource management plan

9 prepared pursuant to subsection (c) of this section: Pro10 vided, however, That responsibility for natural and cultural

11 resources management and the enforcement of Federal

12 laws related thereto shall not transfer before the inte13 grated natural resources management plan as required by

14 subsection (c) of this section is completed or November

15 1, 2001, whichever comes first: And provided further, That

16 the Secretary of the Interior may, if appropriate, effect

17 the transfer of responsibility for natural and cultural re18 sources to the Department of the Interior pursuant to sub19 section (i) of this section.

20 (b) ACCESS RESTRICTIONS.—

21 (1) If the Secretary of the Army determines

22 that military operations, public safety, or national

23 security require the closure to the public of any

24 road, trail, or other portion of the lands withdrawn

25 and reserved by this title, the Secretary of the Army

26 is authorized to take such action as the Secretary of
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1 the Army determines necessary or desirable to effect

2 and maintain such closure.

3 (2) Any such closure shall be limited to the

4 minimum areas and periods that the Secretary of

5 the Army determines are required for the purposes

6 specified in this subsection. Prior to any non7 emergency closure not specified in the integrated

8 natural resources management plan required by sub9 section (c) of this section, the Secretary of the Army

10 shall consult with the Secretary of the Interior and,

11 where any such closure may affect tribal lands, trea12 ty rights, or sacred sites, the Secretary of the Army

13 shall consult, at the earliest practicable time, with

14 affected Indian tribes.

15 (3) Immediately preceding and during any clo16 sure under this subsection, the Secretary of the

17 Army shall post appropriate warning notices and

18 take other steps, as necessary, to notify the public

19 of the closure.

20 (c) INTEGRATED NATURAL RESOURCES MANAGE21 MENT PLAN.—Within two (2) years of the date of enact22 ment of this title, the Secretary of the Army and the Sec23 retary of the Interior shall jointly prepare an integrated

24 natural resources management plan for the lands with25 drawn and reserved by this title: Provided, however, That
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1 any disagreement concerning the contents of the plan (or

2 any subsequent amendments to the plan) shall be resolved

3 by the Secretary of the Army, after consultation with the

4 Secretary of the Interior through the State Director, Bu5 reau of Land Management and, as appropriate, the Re6 gional Director, United States Fish and Wildlife Service.

7 This authority may be delegated to the installation com8 mander. In all other respects, the plan shall be prepared

9 and implemented in accordance with the Sikes Act (16

10 U.S.C. § 670a et seq.) and the requirements of this section

11 and shall—

12 (1) include provisions for proper management

13 and protection of the natural and cultural resources,

14 and for sustainable use by the public of such re15 sources to the extent consistent with the military

16 purposes for which the lands are withdrawn and re17 served;

18 (2) be developed in consultation with affected

19 Indian tribes and shall include provisions that ad20 dress how the Secretary of the Army intends to—

21 (A) meet the United States’ trust respon22 sibilities with respect to Indian tribes, lands,

23 and rights reserved by treaty or Federal law af24 fected by the withdrawal and reservation;
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1 (B) allow access to and ceremonial use of

2 Indian sacred sites to the extent consistent with

3 the military purposes for which the lands are

4 withdrawn and reserved; and

5 (C) provide for timely consultation with af6 fected Indian tribes;

7 (3) provide that any hunting, fishing, and trap8 ping on the lands withdrawn and reserved by this

9 title shall be conducted in accordance with the provi10 sions of 10 U.S.C. § 2671;

11 (4) provide for livestock grazing and agricul12 tural out-leasing, if appropriate, in accordance with

13 10 U.S.C. § 2667 and at the discretion of the Sec14 retary of the Army;

15 (5) identify current test and target impact

16 areas and related buffer or safety zones;

17 (6) provide that the Secretary of the Army shall

18 take necessary actions to prevent, suppress, and

19 manage brush and range fires occurring within the

20 boundaries of the McGregor Range, as well as brush

21 and range fires occurring outside the boundaries of

22 the McGregor Range resulting from military activi23 ties; notwithstanding the provisions of 10 U.S.C.

24 § 2465, the Secretary of the Army may obligate

25 funds appropriated or otherwise available to the Sec-
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1 retary to enter into memoranda of understanding,

2 cooperative agreements, and contracts for fire fight3 ing that shall reimburse the Secretary of the Interior

4 for costs incurred under this subsection;

5 (7) provide that all gates, fences and barriers

6 constructed after the enactment of this title shall be

7 designed and erected to allow wildlife access, to the

8 extent practicable and consistent with military secu9 rity, safety, and sound wildlife management use;

10 (8) provide that the Secretary of the Army may

11 dispose of forest products removed from the lands

12 withdrawn and reserved by this title through sale or

13 other means, in accordance with 10 U.S.C. § 2665;

14 (9) incorporate any existing management plans

15 pertaining to the lands withdrawn and reserved by

16 this title, to the extent that the Secretary of the

17 Army and the Secretary of the Interior, upon review18 ing any such plans, mutually determine that incorpo19 ration into a plan pursuant to this section is appro20 priate;

21 (10) include procedures to ensure that the peri22 odic reviews of the plan required by the Sikes Act

23 are conducted jointly by the Secretary of the Army

24 and the Secretary of the Interior, and that affected

25 States and Indian tribes, and the public are provided
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1 a meaningful opportunity to comment upon any sub2 stantial revisions to the plan that may be proposed;

3 and

4 (11) provide for the management of the Culp

5 Canyon Wilderness Study Area in accordance with

6 subsection 603(c) of the Federal Land Policy and

7 Management Act of 1976 (90 Stat. 2785).

8 (12) provide procedures to amend the plan as

9 necessary.

10 (d) MEMORANDA OF UNDERSTANDING AND COOPER11 ATIVE AGREEMENTS.—The Secretary of the Army may

12 enter into memoranda of understanding or cooperative

13 agreements with the Secretary of the Interior or other ap14 propriate Federal, State, or local agencies, Indian tribes,

15 or other public or private organizations or institutions, as

16 necessary to implement the integrated natural resources

17 management plan prepared pursuant to this section. Any

18 memorandum of understanding or cooperative agreement

19 affecting integrated natural resources management may

20 be combined, where appropriate, with any other memo21 randum of understanding or cooperative agreement en22 tered into to implement this title, and shall not be subject

23 to the provisions of the Federal Grant and Cooperative

24 Agreement Act of 1977 (31 U.S.C. § 6301–6308).
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1 (e) MANAGEMENT OF TIMBER RESOURCES.—The

2 Secretary of the Army may dispose of forest products pro3 duced on the lands withdrawn and reserved by this title

4 through sale or other means, in accordance with 10 U.S.C.

5 § 2665.

6 (f) USE OF MINERAL MATERIALS.—Notwithstanding

7 any other provisions of this title or the Materials Act of

8 1947 (30 U.S.C. §§ 601 et seq.), the Secretary of the

9 Army may use sand, gravel, or similar mineral material

10 resources of the type subject to disposition under the Ma11 terials Act from the lands withdrawn and reserved by this

12 title: Provided, That use of such resources is required for

13 construction needs of the McGregor Range.

14 (g) PUBLIC REPORTS.—

15 (1) Concurrent with each review of the inte16 grated natural resources management plan pursuant

17 to paragraph (c)(10) of this section, the Secretary of

18 the Army and the Secretary of the Interior shall

19 jointly prepare and issue a report describing changes

20 in the condition of the public lands withdrawn and

21 reserved by this title from the later of the date of

22 any previous report under this subsection or the date

23 of the environmental impact statement prepared to

24 support this title. In addition, this report shall in25 clude a summary of current military use; any
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1 changes in military use since the previous report;

2 and efforts related to the management of natural

3 and cultural resources and environmental remedi4 ation during the previous five (5) years. This report

5 may be combined with any report required by the

6 Sikes Act. Any disagreements concerning the con7 tents of this report shall be resolved by the Sec8 retary of the Army. This authority may be delegated

9 to the installation commander.

10 (2) Prior to its finalization, the Secretary of the

11 Army and the Secretary of the Interior shall invite

12 interested members of the public to review and com13 ment upon the report and shall hold at least one

14 public meeting concerning the report in a location or

15 locations reasonably accessible to those persons who

16 may be affected by management of the lands with17 drawn and reserved by this title. The public meeting

18 shall be announced no fewer than 15 days prior to

19 the meeting date by advertisements in local news20 papers of general circulation, by publishing an an21 nouncement in the Federal Register, and by any

22 other means deemed necessary.

23 (3) Final reports shall be made available to the

24 public and submitted to appropriate committees of

25 Congress.
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1 (h) INTERGOVERNMENTAL EXECUTIVE COM2 MITTEE.—Within two (2) years of the date of the enact3 ment of this title, the Secretary of the Army and the Sec4 retary of the Interior shall, by memorandum of under5 standing, establish an intergovernmental executive com6 mittee, comprised of selected representatives from inter7 ested Federal agencies, as well as elected officers (or other

8 authorized representatives) from State governments and

9 elected officers (or other authorized representatives) from

10 such local and tribal governments as may be designated

11 at the discretion of the Secretary of the Army and Sec12 retary of the Interior. The intergovernmental executive

13 committee shall be established solely for the purposes of

14 exchanging views, information, and advice relating to the

15 management of natural and cultural resources on the af16 fected public lands. The intergovernmental executive com17 mittee shall operate in accordance with the terms set forth

18 in a memorandum of understanding that shall specify

19 those Federal agencies and elected officers or representa20 tives of State, local and tribal governments to be invited

21 to participate. The memorandum of understanding shall

22 establish procedures for creating a forum for exchanging

23 views, information and advice relating to the management

24 of natural and cultural resources on affected public lands,

25 procedures for rotating the chair of the intergovernmental
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1 executive committee, and procedures for scheduling reg2 ular meetings. The Secretary of the Army may, in con3 sultation with the Secretary of the Interior, appoint an

4 individual to serve as Committee Coordinator. The duties

5 of the Coordinator shall be included in the memorandum

6 of understanding. The Coordinator shall not be a member

7 of the committee.

8 (i) TRANSFER OF MANAGEMENT RESPONSIBILITY.—

9 (1) If the Secretary of the Interior determines

10 that the Secretary of the Army has failed to manage

11 the lands withdrawn and reserved by this title for

12 military purposes in accordance with the integrated

13 natural resource management plan, and that the

14 failure to do so is resulting in significant degrada15 tion of the natural or cultural resources of such

16 lands, the Secretary of the Interior shall give the

17 Secretary of the Army written notice of such deter18 mination, a description of the deficiencies in man19 agement practices by the Secretary of the Army, and

20 an explanation of the methodology employed in

21 reaching the determination. Within 60 days of the

22 date such notification is received, the Secretary of

23 the Army shall submit a response to the Secretary

24 of the Interior, which response may include a plan

25 of action for addressing any identified deficiencies in
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1 the conduct of management responsibility and for

2 preventing further significant degradation of the

3 natural or cultural resources. If, no earlier than

4 three months after the date the notification is re5 ceived, the Secretary of the Interior determines that

6 the deficiencies are not being corrected, and that

7 significant degradation of the natural or cultural re8 sources is continuing, then the Secretary of the Inte9 rior may effect transfer of the management responsi10 bility for the natural and cultural resources of such

11 lands from the Secretary of the Army to the Sec12 retary of the Interior, in accordance with a schedule

13 for such transfer to be established by the Secretary

14 of the Interior.

15 (2) After a transfer of management responsi16 bility pursuant to paragraph (1) of this section, the

17 Secretary of the Interior may transfer management

18 responsibility back to the Secretary of the Army if

19 the Secretary of the Interior determines that ade20 quate procedures and plans have been established to

21 ensure that the lands withdrawn and reserved would

22 be adequately managed by the Secretary of the

23 Army in accordance with the integrated natural re24 sources management plan.
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1 (3) For any period during which the Secretary

2 of the Interior has management responsibility for

3 the lands withdrawn and reserved pursuant to this

4 section, the integrated natural resources manage5 ment plan established pursuant to subsection (c) of

6 this section, including any amendments to the plan,

7 shall remain in effect, pending the development of a

8 management plan prepared pursuant to the Federal

9 Land Policy and Management Act of 1976, in co10 operation with the Secretary of the Army.

11 (4) Assumption by the Secretary of the Interior

12 pursuant to this subsection of management responsi13 bility for the natural and cultural resources of the

14 lands withdrawn and reserved shall not affect the

15 use of these lands for military purposes, and the

16 Secretary of the Army shall continue to direct mili17 tary activities on these lands.

18 (j) PAYMENT FOR SERVICES.—The Secretary of the

19 Army shall assume all costs for implementation of the in20 tegrated natural resources management plan, including

21 payment to the Secretary of the Interior under section

22 1535 of title 31, United States Code, for any costs the

23 Secretary of the Interior incurs in providing goods or serv24 ices to assist the Secretary of the Army in the implementa25 tion of the integrated natural resources management plan.
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1 (k) DEFINITIONS.—For the purposes of this title:

2 (1) The term ‘‘Indian tribe’’ means an Indian

3 or Alaska Native tribe, band, nation, pueblo, village,

4 or community that the Secretary of the Interior ac5 knowledges to exist as an Indian tribe pursuant to

6 the Federally Recognized Indian Tribe List Act of

7 1994.

8 (2) The term ‘‘sacred site’’ means any specific,

9 discrete, narrowly delineated location on Federal

10 land that is identified by an Indian tribe, or its des11 ignee, as sacred by virtue of its established religious

12 significance to, or ceremonial use by, an Indian reli13 gion, but only to the extent that the tribe or its des14 ignee has informed the Secretary of the Army of the

15 existence of such a site. Neither the Secretary of the

16 Department of Defense, the Secretary of the Army,

17 nor the Secretary of the Interior shall be required

18 under 5 U.S.C. § 552 to make available to the public

19 any information concerning the location, character,

20 or use of any traditional Indian religious or sacred

21 site located on lands withdrawn and reserved by this

22 title.

23 SEC. 604. ENVIRONMENTAL REQUIREMENTS.

24 (a) DURING WITHDRAWAL AND RESERVATION.—

25 Throughout the duration of the withdrawal and reserva-
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1 tion made by this title (including the duration of any re2 newal or extension), and with respect to those activities

3 undertaken by the Secretary of the Army on the lands

4 withdrawn and reserved by this title and to all activities

5 occurring on such lands during such times as the Sec6 retary of the Army may exercise management jurisdiction

7 over the lands withdrawn and reserved by this title, the

8 Secretary of the Army shall—

9 (1) be responsible for and pay all costs related

10 to, the Department of the Army’s compliance with

11 applicable Federal, State, and local environmental

12 laws, regulations, rules, and standards.

13 (2) carry out and maintain in accordance with

14 the requirements of all regulations, rules, and stand15 ards issued by the Department of Defense pursuant

16 to its authorities under the Defense Environmental

17 Restoration Program (10 U.S.C. §§ 2701 et seq.),

18 the Department of Defense Explosives Safety Board

19 (10 U.S.C. § 172), and Executive Order 12580, a

20 program to address—

21 (A) any release or a substantial threat of

22 a release attributable to military munitions (in23 cluding unexploded ordnance) and other con24 stituents, and
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1 (B) any release or a substantial threat of

2 a release, regardless of its source, occurring on

3 or emanating from the lands withdrawn and re4 served by this title during the period of with5 drawal and reservation; and

6 (3) provide to the Secretary of the Interior a

7 copy of any report prepared by the Secretary of the

8 Army pursuant to any Federal, State, or local envi9 ronmental laws, regulations, rules, and standards.

10 (b) PRIOR TO RELINQUISHMENT OR TERMI11 NATION.—

12 (1) ENVIRONMENTAL REVIEW.—Upon notifying

13 the Secretary of the Interior that the Secretary of

14 the Army intends, pursuant to section 7 of this title,

15 to relinquish jurisdiction over the lands withdrawn

16 and reserved by this title, the Secretary of the Army

17 shall provide to the Secretary of the Interior an en18 vironmental baseline survey, military range assess19 ment, or other environmental review characterizing

20 the environmental condition of the land, air, and

21 water resources affected by the activities undertaken

22 by the Secretary of the Army on and over the lands

23 withdrawn and reserved by this title. If hazardous

24 substances were stored for one (1) year or more,

25 known to have been released or disposed of, or if
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1 a substantial threat of a release exists, on the lands

2 withdrawn and reserved by this title, any such envi3 ronmental review shall include notice of the type and

4 quantity of such hazardous substances, and notice

5 of the time during which such storage, release, sub6 stantial threat of a release, or disposal took place.

7 (2) MEMORANDUM OF UNDERSTANDING.—In

8 addition to the provisions of this section, the Sec9 retary of the Army and the Secretary of the Interior

10 may enter into a memorandum of understanding to

11 implement the environmental remediation require12 ments of this title. This memorandum of under13 standing may include appropriate, technically fea14 sible, and mutually acceptable cleanup standards

15 that both Secretaries believe environmental remedi16 ation activities shall achieve, as well as a schedule

17 for completing such activities: Provided, That such

18 cleanup standards shall be consistent with any le19 gally applicable or relevant and appropriate stand20 ard, requirement, criteria, or limitation otherwise re21 quired by law.

22 (3) ENVIRONMENTAL REMEDIATION.—With re23 spect to lands to be relinquished pursuant to section

24 8 of this title, the Secretary of the Army shall take

25 all actions necessary to address any release or sub-
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1 stantial threat of a release, regardless of its source,

2 occurring on or emanating from such lands during

3 the period of withdrawal and reservation effected by

4 this Act. To the extent practicable, all such response

5 actions shall be taken before the termination of such

6 withdrawal and reservation.

7 (4) CONSULTATION.—If the Secretary of the

8 Interior accepts the relinquishment of jurisdiction

9 over any of the lands withdrawn and reserved by

10 this title before all necessary response actions have

11 been completed, the Secretary of the Interior shall

12 consult with the Secretary of the Army before un13 dertaking or authorizing any activities on the with14 drawn and reserved lands that may affect existing

15 releases, interfere with the installation, maintenance,

16 or operation of any response action or expose any

17 person to a safety or health risk associated with ei18 ther the release or the response action being under19 taken.

20 (c) RESPONSIBILITY AND LIABILITY.—The Secretary

21 of the Army, and not the Secretary of the Interior, shall

22 be responsible for and conduct the necessary remediation

23 of all releases or substantial threats of release, whether

24 located on or emanating from lands withdrawn and re25 served by this title, and whether known at the time of re-
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1 linquishment or termination or subsequently discovered,

2 attributable to either the Secretary of the Army’s manage3 ment of the lands withdrawn and reserved by this title,

4 or the use, management, storage, release, treatment, or

5 disposal of hazardous materials, hazardous substances,

6 hazardous wastes, pollutants, contaminants, petroleum

7 products and their derivatives, military munitions, or

8 other constituents on the lands withdrawn and reserved

9 by this title. This responsibility shall include the liability

10 for any costs or claims asserted against the United States

11 for such activities. Nothing in this paragraph is intended

12 to prevent the United States from bringing a cost recov13 ery, contribution, or other action against third persons or

14 parties the Secretary of the Army reasonably believes may

15 have contributed to a release or substantial threat of a

16 release.

17 (d) OTHER FEDERAL AGENCIES.—If the Secretary

18 of the Army delegates responsibility or jurisdiction to an19 other Federal agency, or permits another Federal agency

20 to operate on the lands withdrawn and reserved by this

21 title, the Secretary of the Army shall retain all responsi22 bility and liability described in subsection (c) of this sec23 tion that is not assumed by that Federal agency to whom

24 the Secretary of the Army has granted responsibility, ju25 risdiction or permission.
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1 (e) DEFINITIONS.—For the purposes of this title:

2 (1) The term ‘‘military munitions’’ means all

3 ammunition products and components produced or

4 used by or for the U.S. Department of Defense or

5 the U.S. Armed Services for national defense and se6 curity, including military munitions under the con7 trol of the Department of Defense, the U.S. Coast

8 Guard, the U.S. Department of Energy and Na9 tional Guard personnel. The term military munitions

10 includes: confined gaseous, liquid, and solid propel11 lants, explosives, pyrotechnics, chemical and riot

12 control agents, smokes, and incendiaries used by and

13 for Department of Defense components, including

14 bulk explosives and chemical warfare agents, chem15 ical munitions, rockets, guided and ballistic missiles,

16 bombs, warheads, mortar rounds, artillery ammuni17 tion, small arms ammunition, grenades, mines, tor18 pedoes, depth charges, cluster munitions and dis19 pensers, demolition charges, and devices and compo20 nents thereof. Military munitions do not include

21 wholly inert items, improvised explosive devices and

22 nuclear weapons, nuclear devices, and nuclear com23 ponents thereof. However, the term does include

24 nonnuclear components of nuclear devices, managed

25 under Department of Energy’s nuclear weapons pro-
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1 gram after all required sanitization operations under

2 the Atomic Energy Act of 1954, as amended, have

3 been completed.

4 (2) The term ‘‘unexploded ordnance’’ means

5 military munitions that have been primed, fused,

6 armed, or otherwise prepared for action, and have

7 been fired, dropped, launched, projected, or placed in

8 such a manner as to constitute a hazard or potential

9 hazard, to operations, installation, personnel, or ma10 terial, and remain unexploded either by malfunction,

11 design or any other cause.

12 (3) The term ‘‘other constituents’’ means po13 tentially hazardous compounds, mixtures, or ele14 ments that are located on or originate from closed,

15 transferred or transferring ranges and are released

16 from military munitions or unexploded ordnance, or

17 resulted from other activities on military ranges.

18 SEC. 605. DURATION OF WITHDRAWAL AND RESERVATION.

19 (a) Unless extended pursuant to section 6 of this

20 title, the withdrawal and reservation made by this title

21 shall terminate 25 years after the date of the enactment

22 of this Act, except as otherwise provided in subsection 7(d)

23 of this title.

24 (b) At the date of termination, the previously with25 drawn lands shall not be open to any forms of appropria-
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1 tion under the general land laws, including the mining,

2 mineral leasing, and geothermal leasing laws, until the

3 Secretary of the Interior publishes in the Federal Register

4 an appropriate order that shall state the date upon which

5 such lands shall be restored to the public domain and

6 opened.

7 SEC. 606. EXTENSION OF INITIAL WITHDRAWAL AND RES8 ERVATION.

9 (a) Not later than three (3) years prior to the termi10 nation date of the initial withdrawal and reservation made

11 by this title, the Secretary of the Army shall notify Con12 gress and the Secretary of the Interior concerning whether

13 the Army will have a continuing military need, beyond the

14 termination date of such withdrawal, for all or any portion

15 of the lands withdrawn.

16 (b) If the Secretary of the Army determines that

17 there will be a continuing military need for any of the

18 lands withdrawn by this title, the Secretary of the Army

19 shall—

20 (1) consult with the Secretary of the Interior

21 concerning any adjustments to be made to the areal

22 extent of, or to the allocation of management re23 sponsibility for, such needed lands; and

24 (2) file with the Secretary of the Interior, with25 in one (1) year after the notice required by sub-
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1 section (a) of this section, an application for exten2 sion of the withdrawal and reservation of such need3 ed lands. The Department of the Interior’s general

4 procedures for processing Federal land withdrawals

5 notwithstanding, any application for extension under

6 this title shall be considered complete if it includes

7 the following:

8 (A) the information required by section 3

9 of the Engle Act (32 U.S.C. § 157), except that

10 no information shall be required concerning the

11 use or development of mineral, timber, or graz12 ing resources unless, and only to the extent, the

13 Secretary of the Army proposes to use or de14 velop such resources during the period of exten15 sion; and

16 (B) a copy of the most recent public report

17 prepared in accordance with subsection 3(g) of

18 this title.

19 (c) The Secretary of the Interior and the Secretary

20 of the Army shall ensure that any legislative proposal for

21 the extension of the withdrawal and reservation is sub22 mitted to Congress no later than May 1 of the year pre23 ceding the year in which the existing withdrawal and res24 ervation would otherwise terminate.
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1 SEC. 607. TERMINATION AND RELINQUISHMENT.

2 (a) At any time during the withdrawal and reserva3 tion but not later than three (3) years prior to the termi4 nation date of the withdrawal and reservation effected by

5 this title, if the Secretary of the Army determines that

6 there is no continuing military need for the lands with7 drawn and reserved by this title, or any portion of these

8 lands, the Secretary of the Army shall notify the Secretary

9 of the Interior of an intention to relinquish jurisdiction

10 over such lands, which notice shall specify the proposed

11 date of relinquishment.

12 (b) The Secretary of the Interior may accept jurisdic13 tion over any lands covered by a notice of intention to re14 linquish jurisdiction under this section if the Secretary of

15 the Interior determines that the Secretary of the Army

16 has taken the environmental response actions required

17 under section 5 of this title.

18 (c) If the Secretary of the Interior accepts jurisdic19 tion over lands covered by a notice of intention to relin20 quish jurisdiction under this section before the termi21 nation date of withdrawal and reservation, the Secretary

22 of the Interior shall publish in the Federal Register an

23 appropriate order that shall—

24 (1) terminate the withdrawal and reservation of

25 such lands under this title;
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1 (2) constitute official acceptance of administra2 tive jurisdiction over the lands by the Secretary of

3 the Interior; and

4 (3) state the date upon which such lands shall

5 be opened to the operation of the general land laws,

6 including the mining, mineral leasing and geo7 thermal leasing laws, if appropriate.

8 (d)(1) Notwithstanding the termination date, unless

9 and until the Secretary of the Interior accepts jurisdiction

10 of land proposed for relinquishment pursuant to this sec11 tion or until the Administrator, General Services Adminis12 tration accepts jurisdiction of such lands under the Fed13 eral Property and Administrative Services Act of 1949 (40

14 U.S.C. §§ 251 et seq.), such land shall remain under the

15 jurisdiction of the Secretary of the Army for the limited

16 purposes of—

17 (A) environmental response actions under sec18 tion 5 of this title; and

19 (B) continued land management responsibilities

20 pursuant to the integrated natural resources man21 agement plan under section 3 of this title.

22 (2) For any land that the Secretary of the Interior

23 determines to be suitable for return to the public domain,

24 but does not agree with the Secretary of the Army that

25 all necessary environmental response actions under section
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1 5 of this title have been taken, the Secretary of the Army

2 and the Secretary of the Interior shall resolve the dispute

3 in accordance with any applicable dispute resolution proc4 ess.

5 (3) For any land that the Secretary of the Interior

6 determines to be unsuitable for return to the public do7 main, the Secretary of the Interior shall immediately no8 tify the Administrator, General Services Administration.

9 (e) All functions described under this section, includ10 ing transfers, relinquishments, extensions and other deter11 minations, may be made on a parcel-by-parcel basis.

12 SEC. 608. DELEGATIONS OF AUTHORITY.

13 (a) SECRETARY OF THE ARMY.—Except as may oth14 erwise be provided in this title, the functions of the Sec15 retary of the Army under this title may be delegated.

16 (b) SECRETARY OF THE INTERIOR.—The functions

17 of the Secretary of the Interior under this title may be

18 delegated, except that the following determinations and

19 decisions may be approved and signed only by the Sec20 retary of the Interior, the Deputy Secretary of the Inte21 rior, an Assistant Secretary of the Interior, or the Direc22 tor, Bureau of Land Management:

23 (1) decisions to accept transfer, relinquishment,

24 or jurisdiction for any lands under this title and to

25 open lands to operation of the public land laws: and
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1 (2) decisions to transfer management responsi2 bility from or to a military department pursuant to

3 subsection 3(i) of this title.

4 SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

5 There are hereby authorized to be appropriated such

6 sums as may be necessary to carry out the purposes of

7 this title.

Æ