79–010

Calendar No. 897

106TH CONGRESS REPORT

2d Session " ! SENATE 106–451

MELROSE AIR FORCE RANGE, NEW MEXICO

OCTOBER 2 (legislative day, SEPTEMBER 22), 2000.—Ordered to be printed

Mr. MURKOWSKI, from the Committee on Energy and Natural

Resources, submitted the following

REPORT

[To accompany S. 2757]

The Committee on Energy and Natural Resources, to which was

referred the bill (S. 2757) to provide for the transfer and other disposition of certain lands at Melrose Air Force Range, New Mexico,

and Yakima Training Center, Washington, having considered the

same, reports favorably thereon with amendments and recommends that the bill, as amended, do pass.

The amendments are as follows:

1. On page 2, line 1, delete ‘‘PRIME’’ and insert ‘‘PRINCIPAL’’.

2. On page 4, line 12, delete ‘‘SW1⁄4’’ and insert ‘‘SE1⁄4’’.

PURPOSE OF THE MEASURE

The purpose of S. 2757 is to transfer administrative jurisdiction

of approximately 6,714 acres of land administered by the Bureau

of Land Management within Melrose Air Force Range in New Mexico to the Secretary of the Air Force and approximately 6,649 acres

of BLM land within Yakima Training Center in Washington to the

Secretary of the Army.

BACKGROUND AND NEED

S. 2757 transfers multiple parcels of land that are administered

by the Bureau of Land Management but lie within lands administered by the Department of Defense.

The measure transfers six parcels of public lands, totaling approximately 6,714 acres within the Melrose Air Force Range in

Roosevelt County, New Mexico, from the Bureau of Land Management to the Air Force. The Air Force has used the parcels since the

base was established in 1952. Approximately 1,811 acres of these

lands lie within the bomb impact zone while the remaining acreage

2

is contained within the range safety zone. The transfer is needed

to provide the Air Force with complete control over land uses on

the Range. This transfer will minimize potential safety concerns, liability of the United States, and land use conflicts that could interfere with the training mission.

The measure also transfers 19 scattered small tracts of public

lands totaling approximately 6,649 acres within the Yakima Training Center in Kittitas County, Washington from the Bureau of

Land Management to the Army. The bill also withdraws from the

general mining laws the mineral estate associated with an additional 3,090 acres. All of the Yakima Training Center lands identified in this legislation are within an active maneuver training area.

This transfer is needed to make sure all lands within the training

facility are under the control of the Army and administered under

the same legislative authorizations. This will provide additional efficiencies for base managers and reduce the risk for disruptions

which could severely degrade the training mission of the Yakima

Training Center.

LEGISLATIVE HISTORY

S. 2757 was introduced by Senator Domenici on June 20, 1999.

The Subcommittee on Forests and Public Land Management held

a hearing on S. 2757 on June 20, 2000. At the business meeting

on September 20, 2000, the Committee on Energy and Natural Resources ordered S. 2757 favorably reported, if amended as described herein.

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in

open business session on September 20, 2000, by a voice vote of a

quorum present, recommends that the Senate pass S. 2757 if

amended as described herein.

COMMITTEE AMENDMENTS

During the consideration of S. 2757, the Committee adopted two

technical amendments.

SECTION-BY-SECTION ANALYSIS

Section 1(a)(1) transfers jurisdiction over the surface estate of

certain specified lands from the Secretary of the Interior to the Secretary of the Air Force for the Melrose Air Force Range in New

Mexico.

Paragraph (2) requires the surface estate transferred under paragraph 1 to be treated as real property and subject to the Federal

Property and Administrative Services Act of 1949.

Paragraph (3) withdraws the mineral estate of the transferred

lands from all forms of appropriation, except under the Materials

Act of 1947.

Paragraph (4) provides that the Secretary of the Air Force may

use sand, gravel, or similar mineral material of the type subject to

disposition under the Materials Act of 1947, on the transferred

lands, when necessary for construction needs.

3

Subsection (b) transfers jurisdiction over the surface estate of

certain specified lands from the Secretary of the Interior to the Secretary of the Army for the Yakima Training Center, in Washington.

Paragraph (2) requires the surface estate transferred under paragraph 1 to be treated as real property and subject to the Federal

Property and Administrative Services Act of 1949.

Paragraph (3) withdraws the mineral estate of the transferred

lands, and certain specified other lands from all forms of appropriation, except under the Materials Act of 1947.

Paragraph (4) provides that the Secretary of the Army may use

sand, gravel, or similar mineral material of the type subject to disposition under the Materials Act of 1947, on the transferred lands,

when necessary for construction needs.

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure have been provided by the Congressional Budget Office.

U.S. CONGRESS,

CONGRESSIONAL BUDGET OFFICE,

Washington, DC, September 27, 2000.

Hon. FRANK H. MURKOWSKI, Chairman, Committee on Energy and Natural Resources,

U.S. Senate, Washington, DC.

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2757, a bill to provide for

the transfer and other disposition of certain lands at Melrose Air

Force Range, New Mexico, and Yakima Training Center, Washington.

If you wish further details on this estimate, we will be pleased

to provide them. The CBO staff contact is Megan Carroll.

Sincerely,

BARRY B. ANDERSON

(For Dan L. Crippen, Director).

Enclosure.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

S. 2757—A bill to provide for the transfer and other disposition of

certain lands at Melrose Air Force Range, New Mexico, and

Yakima Training Center, Washington

S. 2757 would direct the Secretary of the Interior to transfer administrative jurisdiction over certain lands to the Secretaries of the

Air Force and the Army. CBO estimates that enacting S. 2757

would not significantly affect the federal budget. Enacting the bill

could affect offsetting receipts (a credit against direct spending);

therefore, pay-as-you-go procedures would apply, but we expect any

such effects to total less than $10,000 in any given year. S. 2757

contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would have no

significant impact on the budgets of state, local, or tribal governments.

Under the bill, the Secretary of the Interior would transfer jurisdiction over 6,614 acres of federal lands within Melrose Air Force

Range, New Mexico, to the Secretary of the Air Force. The SecVerDate 11-MAY-2000 17:10 Oct 05, 2000 Jkt 089010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR451.XXX pfrm04 PsN: SR451
4

retary of the Interior also would transfer jurisdiction over 6,640

acres within Yakima Training Center, Washington, to the Secretary of the Army. Subject to valid existing rights, the bill would

withdraw the associated mineral estate of the transferred lands

and about 3,090 acres if other lands located within Yakima Training Center from mineral and geothermal leasing and development.

Based on information from the Bureau of Land Management

(BLM), CBO estimates that transferring the lands would not significantly change the federal costs to manage them. Withdrawing

certain lands from mineral and geothermal leasing and development could reduce offsetting receipts from those activities and payments to states to share those receipts, but we estimate that such

effects would be negligible. According to BLM, those lands currently generate less than $10,000 a year from activities that could

be affected by the bill, and the agency does not expect the lands

to generate significant receipts in the future.

The CBO staff contact for this estimate is Megan Carroll. This

estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis.

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVVI of the standing rules of the Senate, the Committee makes the following evaluation of the regulatory impact which would be incurred in carrying

out S. 2757. The bill is not a regulatory measure in the sense of

imposing Government-established standards or significant economic responsibilities on private individuals and businesses. No

personal information would be collected in administering the program. Therefore, there would be no impact on personal privacy. Little, if any, additional paperwork would result from the enactment

of S. 2757, as ordered reported.

EXECUTIVE COMMUNICATIONS

September 20, 2000, the Committee on Energy and Natural Resources requested legislative reports from the Department of the

Interior and the Office of Management and Budget setting forth

Executive agency recommendations on S. 2757. These reports had

not been received at the time the report on S. 2757 was filed. When

the reports become available, the Chairman will request that they

be printed in the Congressional Record for the advice of the Senate.

The testimony provided by the Air Force, the Army, and the Bureau of Land Management at the Subcommittee hearing on S. 2757

follows:

STATEMENT OF MR. JIMMY G. DISHNER, DEPUTY ASSISTANT

SECRETARY OF THE AIR FORCE (INSTALLATIONS)

Mr. Chairman and members of the committee, good

afternoon. I appreciate the opportunity to appear before

you today to discuss Senate bill 2757, introduced by Senator Domenici, concerning the transfer of certain lands at

Melrose Range in New Mexico currently under the jurisdiction of the Bureau of Land Management (BLM) but

used exclusively for military training purposes since the

mid 1950’s.

5

Sustained access to ranges is one of the foremost readiness and strategic planning concerns for our Air Force. Increasingly we find there is a symbiotic relationship between our installations supporting combat aircraft and the

31 ranges we operate in the continental United States,

about half of which are on land owned by our sister services. This relationship is one of the critical criteria used in

addressing installation viability. The realities of urban

sprawl, demographic changes, and competition for finite

land, airspace, frequency spectrum and natural resources

have intensified over the past ten years.

We appreciate the tremendous support of members of

this committee, your colleagues, and the leadership of the

Department of the Interior who supported the renewal of

six critical ranges for the Department of Defense including

the Air Force’s Nellis Air Force Range, Nevada, and the

Barry M. Goldwater Range, Arizona. We also appreciate

the personal time Senator Domenici, Senator Bingaman

and Senator Murkowski devoted towards the renewals of

the McGregor Range in New Mexico and the Army’s

ranges in Alaska that are also utilized by the Air Force.

Today we are here to address the legislative transfer of

approximately 6,700 acres that are located on the Melrose

Range in New Mexico. Melrose Range is approximately

66,000 acres in total. The remainder of the property is

used as safety buffer zones. Approximately 59,000 acres of

the range is Air Force-owned real property. The remaining

portions of the range, approximately 6,700 acres are public

lands under the jurisdiction of the BLM. In fact, a portion

of the impact area itself is part of the BLM land holdings.

The lands under the jurisdiction of BLM are distributed in

non-contiguous parcels across the range. Consolidating all

parcels on the range under the control of the Air Force

would address safety concerns, minimize potential liability

to the United States Government, and reduce potential

land use conflicts.

Melrose Range is the primary training range for the

27th Fighter Wing at Cannon AFB. It supports daily airto-ground and electronic combat training for approximately

3,400 F–16 wing sorties annually.

The Melrose Range is also used by the New Mexico Air

National Guard, based at Kirkland Air Force Base, and

other U.S. and allied aircrew accounting for an additional

1,400 sorties annually.

Melrose Range has been in continuous use by the Air

Force since 1952 and is 25 miles from Cannon—only about

a five-minute flight. Having a training range in close proximity to the installation allows the Cannon-based aircrews

to maximize training time by reducing the time it would

take to fly to more distant ranges for training. Our need

to improve local training also recently led us to modify our

training ranges and airspace in Idaho and Texas. The Cannon AFB wing commander, Colonel Jeffrey Remington, is

also here with me today to respond to any operational

questions you may have.

6

In the future, the flexibility to modify our airspace and

ranges will be a critical element to ensuring America’s

asymmetric advantage—the United States Air Force.

Thank you Mr. Chairman and members of the committee. Colonel Remington and I stand ready to answer

any questions you may have.

JOINT STATEMENT BY PAUL W. JOHNSON, DEPUTY ASSIST- ANT SECRETARY OF THE ARMY (INSTALLATIONS AND

HOUSING), OFFICE OF THE ASSISTANT SECRETARY OF THE

ARMY (I&E) AND BRIGADIER GENERAL WILLIAM WEB- STER, DIRECTOR OF TRAINING, OFFICE OF THE DEPUTY

CHIEF OF STAFF FOR OPERATIONS, DEPARTMENT OF ARMY

Mr. Chairman and members of the Committee.

Thank you for this opportunity to address you about the

critical training opportunities that Yakima Training Center affords the Army Active, Army Reserve and National

Guard units, and our sister services, the Air Force and

Navy. Yakima Training Center (YTC) is a sub-installation

of Fort Lewis, Washington, under the U.S. Army Forces

Command.

The Army supports Senator Domenici’s Senate Bill 2757

that provides for the transfer and other disposition of certain lands at Melrose Air Force Range, New Mexico, and

Yakima Training Center, Washington. That bill would

transfer administrative jurisdiction and convert 6,640

acres of public domain lands that are wholly within Army

controlled property at the Yakima Training Center, to the

Army. The transfer is needed to provide the Army with

complete control over land uses on the Yakima Training

Center and eliminate the artificial obstacles to tactical

movement that currently exist. The proposed legislation

eliminates a management restriction that has adversely

impacted the Army’s ability to accomplish its training objectives in the northern part of the Yakima Training Center. The legislation also provides a common land management situation for the Army, and thereby, makes Army

range operations and natural resource management more

efficient.

The lands to be transferred at Yakima Training Center

consist of 19 scattered tracts of public domain lands, managed by the Bureau of Land Management, aggregating

6,640 acres in Kittitas County, Washington. There are an

additional 3,090 acres of public domain mineral estate associated with Army acquired lands that are withdrawn

from the general mining laws. The mineral estate of all

9,730 acres would remain under the administrative jurisdiction of the Secretary of the Interior. The mineral estate

would be withdrawn from the mining laws (gold, silver,

and lead) and the geothermal leasing laws, but not the

Material’s Act (sand and gravel) or the Mineral Leasing

Act (oil, gas, and coal).

These Bureau of Land Management lands are located

within an approximately 63,000 acre expansion of the YTC

7

authorized by the National Defense Authorization Act for

Fiscal Years 1992 and 1993 (Public Law 102–190) and the

Military Construction Appropriations Act of 1992 (Public

Law 102–136). The Army purchased (1994–1996) the surrounding 56,400 acres from private landholders and the

State of Washington leaving the 6,640 acres of Bureau of

Land Management ‘‘inholdings’’ to be withdrawn or transferred to the Army. To date, the Bureau of Land Management has granted a right-of-way to the Army for crossing

the inholdings, which allows the Army to use its acquired

land, but the Army cannot train on the lands. The Bureau

of Land Management inholdings are interspersed in a

manner that prevents the establishment of tactically and

doctrinally correct maneuver lanes. This restriction has

adversely impacted the Army’s ability to accomplish its

training objectives.

The original requirement for additional training land in

1992 was a result of three factors. The first factor was the

increased Army-wide emphasis on brigade level combined

arms training by Active and Reserve Component units.

The increased emphasis resulted from changes in Army

Doctrine, organizations, and equipment that in turn respond to evolving battlefield requirements. The land expansion at Yakima Training Center, with the land transfer, will enhance the ability of Active and Reserve Component units to train to realistic brigade and battalion standards. Second, the expansion and transfer were to provide

sufficient land to permit live-fire operation to continue at

the same time that large-scale maneuver training and testing exercises are conducted and were to support potential

mobilization requirements as occurred during Operation

Desert Storm. It is the maneuver exercises that are limited by the inholdings. Finally, the land expansion and

transfer were to provide enough land for environmentally

sound land management practices, like rotational use of

training areas, that periodically rests stressed training

areas so that native grasses and other vegetation can be

planted to reduce soil erosion.

It was good that the Army and Congress had the foresight to expand the Yakima Training Center in 1992, because in 1999, Fort Lewis, Washington and the Yakima

Training Center were selected as the initial sites where

the Army’s Brigade Transformation Campaign Plan will be

evaluated. An Environmental Assessment of the impacts of

the proposed training is in progress. The Army’s transformation plan will meet the defense challenges of the future and provide the Nation the decisive landpower forces

necessary to support the National Security Strategy and

National Military Strategy. As a result of transformation,

the Army will be a strategically responsive force that is

dominant across the full spectrum of operations. The Army

will implement the Army vision through transformation as

rapidly as possible, while continually maintaining

warfighting readiness of operational forces. The Army’s

Transformation Campaign Plan defines the process for

8

transformation for initial forces, interim forces, and objective (future) forces. The Initial Force is a two brigade combat team force at Fort Lewis, Washington and Yakima

Training Center that will transform and will receive offthe-shelf equipment to support evaluation and refinement

of the doctrinal Organizational and Operational concepts.

The Interim Force is a transition force—one that seeks the

Objective Force state of the art technology, but leverages

today’s technology together with modernized legacy forces

to bridge to the future. The Objective Force is the force

that achieves our objective of a strategically responsive

Army that is capable of dominating at any point across the

full spectrum of operations and can rapidly transition

across mission requirements without loss of momentum. It

will be able to operate as an integral member of the joint,

multinational, interagency team, and dominant against the

asymmetric application of conventional, unconventional

and weapons of mass destruction threat capabilities. This

land transfer is necessary now to fully train and test the

Initial and Interim Brigades to the fullest extent to which

they are expected to perform.

Besides training, the Army has another mission I would

like to highlight . . . environmentally sound land management. The Army has been and will be a good environmental steward of the training land at the Yakima Training Center. In accordance with the Sikes Act, we developed

a comprehensive military land use strategy and resource

management plan for the entire installation in 1996 entitled the Cultural and Natural Resources Management

Plan. It encompasses all the training activities and land

management practices on the entire 323,000-acre installation. It was implemented and is periodically updated. The

plan will be updated after the land transfer. The Yakima

Training Center has implemented the Army’s Integrated

Training Area Management technology. The goal of this

program is to reduce soil erosion and loss of vegetation on

training lands. Training is matched with the capabilities of

the soils and vegetation to withstand the training impact.

As part of this program, a Geographic Information System

has been established so that the installation can monitor

change in the soils, watersheds, slopes, streams, vegetation, land cover, and man-made features. Livestock grazing

was eliminated after the Army conducted an Environmental Impact Statement study in 1994 that revealed that

continuation of grazing was not compatible with the proposed training activities. We have an Endangered Species

Management Plan that covers the Bald Eagle, Peregrine

Falcon, and the Sage Grouse. We allow hunting on Army

land where it does not interfere with training. When the

Army purchased the private land surrounding the Bureau

of Land Management inholdings, hunting use of the

inholdings increased because the public now had access

across the Army land to the inholdings.

To conclude, The Army requires the transfer of the Bureau of Land Management inholdings to be able to conduct

9

tactically and doctrinally correct training and to provide

comprehensive environmental management.

Mr. Chairman, that concludes my statement. I will be

pleased to answer any questions you or other members of

the subcommittee may have.

STATEMENT OF SYLVIA V. BACA, ASSISTANT SECRETARY FOR

LAND AND MINERALS MANAGEMENT

Good afternoon Mr. Chairman and members of the Committee. Thank you for the opportunity to provide the Department of the Interior’s views on S. 2757. This bill provides for the permanent transfer of Bureau of Land Management (BLM) managed public domain lands located

within two military training ranges to the respective military services which manage the particular ranges. S. 2757

addresses this transfer at two ranges: the Melrose Air

Force Range in New Mexico and the Army’s Yakima Training Center in Washington. The Department supports the

passage of this bill.

MELROSE AIR FORCE RANGE, NEW MEXICO

S. 2757 would transfer administrative jurisdiction over

the surface estate of 6614 acres of BLM land from the Secretary of the Interior to the Secretary of the Air Force.

Subject to valid existing rights, the mineral estate of the

transferred lands would be withdrawn from all forms of

appropriation under the public land laws.

The acquisition of lands for the Melrose Range was authorized by the Military Construction Authorization Act of

1967 (Public Law 89–568). Pursuant to this authority, the

Air Force requested the assistance of the BLM to remove

6,634 acres of State-owned lands and 80 acres of private

lands (a total of 6,714 acres) through an exchange from

within the range boundaries. The BLM accomplished these

exchanges in 1970 and 1973. In 1975, the U.S. Army Corps

of Engineers, on behalf of the Air Force, filed an application for withdrawal and reservation of these lands with the

BLM.

Melrose Range, including the BLM acquired parcels, has

been in continuous use since the initial Air Force lease of

lands from the State of New Mexico and private land owners in 1952. The Air Force has been responsible for natural

resources management on these lands during this same

period. The BLM has not exercised natural resources management on the lands it acquired for the Air Force within

this active training range. The six parcels which the BLM

acquired for the Air Force include 1,811 acres within the

bomb impact zone; the remaining acres are within the

range safety buffer.

One Federal Endangered Species Act candidate animal,

the black tailed prairie dog, has been documented on the

acquired lands. Management for the species is currently

under development by the Department of Defense in association with the U.S. Fish & Wildlife Service. There are no

10

other threatened, endangered or sensitive species known

on the acquired parcels and the proposed transfer is not in

conflict with either the Endangered Species Act or BLM

policy.

The Department of the Interior supports the transfer of

the surface estate and withdrawal of the mineral estate of

the BLM acquired lands for the following reasons:

1. These lands were acquired for the sole purpose of

completing the range acquisition authorized by Public Law

89–568.

2. The lands contain ordnance and explosive waste from

43 years of Air Force use.

3. The acquired lands represent less than 10% of the entire range and are divided among six separate parcels.

4. The BLM has never managed and has no interest in

managing these lands located within an active training

range for natural or cultural resources.

YAKIMA TRAINING CENTER, WASHINGTON

S. 2757 would transfer administrative jurisdiction over

the surface estate of 6640 acres of BLM land from the Secretary of the Interior to the Secretary of the Army. Under

the bill, these lands will be withdrawn from mining law

and geothermal leasing, but not from oil and gas leasing.

The acquisition of lands for an expansion of the Army’s

Yakima Training Center was authorized by the National

Defense Authorization Act for Fiscal Years 1992 and 1993

(Public Law 102–190) and the Military Construction Authorization Act of 1992 (Public Law 102–136). Within this

expansion area lie 6,640 acres of BLM-managed public domain lands and an additional 3,090 acres of subsurface

mineral estate. The Army filed an application for a withdrawal and reservation of these lands and minerals in May

1992.

Nineteen small parcels of public lands, aggregating

6,640 acres, are within the Army’s acquisition area. These

public lands represent approximately 10 percent of the expansion area. These lands have been managed by the BLM

for recreation and grazing.

One federal Endangered Species Act candidate plant,

Erigonum codium (Umtanum Wild Buckwheat) has been

documented on habitat adjacent to the Yakima Training

Center (Hanford property) in Yakima County. Unsurveyed

potential habitat occurs within the Yakima Training Center near the southern boundary. There are no threatened,

endangered, or sensitive species known in the expansion

area and the proposed transfer would not be in conflict

with the Endangered Species Act or BLM policy.

The Department of the Interior supports the transfer of

the surface estate and withdrawal of the mineral estate of

these lands for the following reasons:

1. These lands are within the range expansion authorized by Public Law 102–190.

2. The 19 scattered parcels are an integral part of the

Army’s maneuver training. If these parcels are not under

11

Army control, the usefulness of the expansion is severely

degraded.

3. These parcels are approximately 10 percent of the

range expansion.

4. Any attempt by the BLM to manage resources on

these scattered parcels within an active maneuver area

would be very difficult. Adequate coordination of any Department of the Interior resource management concerns

can be achieved through the provisions of the Sikes Act, as

amended (Public Law 86–797).

We have identified two technical corrections to the land

descriptions and this information has been passed to Committee staff.

Thank you again for the opportunity to testify on this

bill, I am happy to answer any questions you might have.

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill S. 2757 as ordered reported.

Æ