39–010 

Calendar No. 378 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–161 

MILITARY LAND WITHDRAWALS 

MAY 14, 2014.—Ordered to be printed 

Ms. LANDRIEU, from the Committee on Energey and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1309] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1309) to withdraw and reserve certain public 

land under the jurisdiction of the Secretary of the Interior for military uses, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that 

the bill, as amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Military Land Withdrawals Act 

of 2013’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—GENERAL PROVISIONS 

Sec. 101. General applicability; definitions. 

Sec. 102. Maps and legal descriptions. 

Sec. 103. Access restrictions. 

Sec. 104. Changes in use. 

Sec. 105. Authorizations for nondefense-related uses. 

Sec. 106. Brush and range fire prevention and suppression. 

Sec. 107. Ongoing decontamination. 

Sec. 108. Water rights. 

Sec. 109. Hunting, fishing, and trapping. 

Sec. 110. Limitation on extensions and renewals. 

Sec. 111. Application for renewal of a withdrawal and reservation. 

Sec. 112. Limitation on subsequent availability of land for appropriation. 

Sec. 113. Relinquishment. 

Sec. 114. Land withdrawals; immunity of the United States. 


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TITLE II—MILITARY LAND WITHDRAWALS 

Sec. 201. China Lake, California. 

Sec. 202. Limestone Hills, Montana. 

Sec. 203. Chocolate Mountain, California. 

Sec. 204. Twentynine Palms, California. 

Sec. 205. White Sands Missile Range and Fort Bliss. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term 

in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 

U.S.C. 479a). 

(2) MANAGE; MANAGEMENT.— 

(A) INCLUSIONS.—The terms ‘‘manage’’ and ‘‘management’’ include the authority to exercise jurisdiction, custody, and control over the land withdrawn and reserved by title II. 

(B) EXCLUSIONS.—The terms ‘‘manage’’ and ‘‘management’’ do not include 

authority for disposal of the land withdrawn and reserved by title II. 

(3) SECRETARY CONCERNED.—The term ‘‘Secretary concerned’’ has the meaning given the term in section 101(a) of title 10, United States Code. 

TITLE I—GENERAL PROVISIONS 

SEC. 101. GENERAL APPLICABILITY; DEFINITIONS. 

(a) APPLICABILITY OF TITLE.—The provisions of this title apply to any withdrawal 

made by this Act. 

(b) RULES OF CONSTRUCTION.—Nothing in this title assigns management of real 

property under the administrative jurisdiction of the Secretary concerned to the Secretary of the Interior. 

SEC. 102. MAPS AND LEGAL DESCRIPTIONS. 

(a) PREPARATION OF MAPS AND LEGAL DESCRIPTIONS.—As soon as practicable after 

the date of enactment of this Act, the Secretary of the Interior shall— 

(1) publish in the Federal Register a notice containing the legal description 

of the land withdrawn and reserved by title II; and 

(2) file maps and legal descriptions of the land withdrawn and reserved by 

title II with— 

(A) the Committee on Armed Services and the Committee on Energy and 

Natural Resources of the Senate; and 

(B) the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. 

(b) LEGAL EFFECT.—The maps and legal descriptions filed under subsection (a)(2) 

shall have the same force and effect as if the maps and legal descriptions were included in this Act, except that the Secretary of the Interior may correct any clerical 

and typographical errors in the maps and legal descriptions. 

(c) AVAILABILITY.—Copies of the maps and legal descriptions filed under subsection (a)(2) shall be available for public inspection— 

(1) in the appropriate offices of the Bureau of Land Management; 

(2) in the office of the commanding officer of the military installation for 

which the land is withdrawn; and 

(3) if the military installation is under the management of the National 

Guard, in the office of the Adjutant General of the State in which the military 

installation is located. 

(d) COSTS.—The Secretary concerned shall reimburse the Secretary of the Interior 

for the costs incurred by the Secretary of the Interior in implementing this section. 

SEC. 103. ACCESS RESTRICTIONS. 

(a) IN GENERAL.—If the Secretary concerned determines that military operations, 

public safety, or national security require the closure to the public of any road, trail, 

or other portion of land withdrawn and reserved by this Act, the Secretary may take 

such action as the Secretary determines to be necessary to implement and maintain 

the closure. 

(b) LIMITATION.—Any closure under subsection (a) shall be limited to the minimum area and duration that the Secretary concerned determines are required for 

the purposes of the closure. 

(c) CONSULTATION REQUIRED.— 


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(1) IN GENERAL.—Subject to paragraph (3), before a closure is implemented 

under this section, the Secretary concerned shall consult with the Secretary of 

the Interior. 

(2) INDIAN TRIBE.—Subject to paragraph (3), if a closure proposed under this 

section may affect access to or use of sacred sites or resources considered to be 

important by an Indian tribe, the Secretary concerned shall consult, at the earliest practicable date, with the affected Indian tribe. 

(3) LIMITATION.—No consultation shall be required under paragraph (1) or 

(2)— 

(A) if the closure is provided for in an integrated natural resources management plan, an installation cultural resources management plan, or a 

land use management plan; or 

(B) in the case of an emergency, as determined by the Secretary concerned. 

(d) NOTICE.—Immediately preceding and during any closure implemented under 

subsection (a), the Secretary concerned shall post appropriate warning notices and 

take other appropriate actions to notify the public of the closure. 

SEC. 104. CHANGES IN USE. 

(a) OTHER USES AUTHORIZED.—In addition to the purposes described in title II, 

the Secretary concerned may authorize the use of land withdrawn and reserved by 

this Act for defense-related purposes. 

(b) NOTICE TO SECRETARY OF THE INTERIOR.— 

(1) IN GENERAL.—The Secretary concerned shall promptly notify the Secretary 

of the Interior if the land withdrawn and reserved by this Act is used for additional defense-related purposes. 

(2) REQUIREMENTS.—A notification under paragraph (1) shall specify— 

(A) each additional use; 

(B) the planned duration of each additional use; and 

(C) the extent to which each additional use would require that additional 

or more stringent conditions or restrictions be imposed on otherwise-permitted nondefense-related uses of the withdrawn and reserved land or portions of withdrawn and reserved land. 

SEC. 105. AUTHORIZATIONS FOR NONDEFENSE-RELATED USES. 

(a) AUTHORIZATIONS BY THE SECRETARY OF THE INTERIOR.—Subject to the applicable withdrawals under title II, with the consent of the Secretary concerned, the Secretary of the Interior may authorize the use, occupancy, or development of the land 

withdrawn and reserved by this Act. 

(b) AUTHORIZATIONS BY THE SECRETARY CONCERNED.—The Secretary concerned 

may authorize the use, occupancy, or development of the land withdrawn and reserved by this Act— 

(1) for a defense-related purpose; or 

(2) subject to the consent of the Secretary of the Interior, for a non-defenserelated purpose. 

(c) FORM OF AUTHORIZATION.—An authorization under this section may be provided by lease, easement, right-of-way, permit, license, or other instrument authorized by law. 

(d) PREVENTION OF DRAINAGE OF OIL OR GAS RESOURCES.— 

(1) IN GENERAL.—For the purpose of preventing drainage of oil or gas resources, the Secretary of the Interior may lease land otherwise withdrawn from 

operation of the mineral leasing laws and reserved for defense-related purposes 

under this Act, under such terms and conditions as the Secretary determines 

to be appropriate. 

(2) CONSENT REQUIRED.—No surface occupancy may be approved by the Secretary of the Interior under this Act without the consent of the Secretary concerned. 

(3) COMMUNITIZATION.—The Secretary of the Interior may unitize or consent 

to communitization of land leased under paragraph (1). 

(4) REGULATIONS.—The Secretary of the Interior may promulgate regulations 

to implement this subsection. 

SEC. 106. BRUSH AND RANGE FIRE PREVENTION AND SUPPRESSION. 

(a) REQUIRED ACTIVITIES.—The Secretary concerned shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions 

to suppress, brush and range fires occurring as a result of military activities on the 

land withdrawn and reserved by this Act, including fires that occur on other land 

that spread from the withdrawn and reserved land. 

(b) COOPERATION OF SECRETARY OF THE INTERIOR.— 


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(1) IN GENERAL.—At the request of the Secretary concerned, the Secretary of 

the Interior shall— 

(A) provide assistance in the suppression of fires under subsection (a); 

and 

(B) be reimbursed by the Secretary concerned for the costs of the Secretary of the Interior in providing the assistance. 

(2) TRANSFER OF FUNDS.—Notwithstanding section 2215 of title 10, United 

States Code, the Secretary concerned may transfer to the Secretary of the Interior, in advance, funds to reimburse the costs of the Department of the Interior 

in providing assistance under this subsection. 

SEC. 107. ONGOING DECONTAMINATION. 

(a) IN GENERAL.—During the period of a withdrawal and reservation of land 

under this Act, the Secretary concerned shall maintain a program of decontamination of contamination caused by defense-related uses on the withdrawn land— 

(1) to the extent funds are available to carry out this subsection; and 

(2) consistent with applicable Federal and State law. 

(b) ANNUAL REPORT.—The Secretary of Defense shall include in the annual report 

required by section 2711 of title 10, United States Code, a description of decontamination activities conducted under subsection (a) 

SEC. 108. WATER RIGHTS. 

(a) NO RESERVATION OF WATER RIGHTS.—Nothing in this Act— 

(1) establishes a reservation of the United States with respect to any water 

or water right on the land withdrawn and reserved by this Act; or 

(2) authorizes the appropriation of water on the land withdrawn and reserved 

by this Act, except in accordance with applicable State law. 

(b) EFFECT ON PREVIOUSLY ACQUIRED OR RESERVED WATER RIGHTS.— (1) IN GENERAL.—Nothing in this section affects any water rights acquired or 

reserved by the United States before the date of enactment of this Act. 

(2) AUTHORITY OF SECRETARY CONCERNED.—The Secretary concerned may exercise any water rights described in paragraph (1). 

SEC. 109. HUNTING, FISHING, AND TRAPPING. 

Section 2671 of title 10, United States Code, shall apply to all hunting, fishing, 

and trapping on the land— 

(1) that is withdrawn and reserved by this Act; and 

(2) for which management of the land has been assigned to the Secretary concerned. 

SEC. 110. LIMITATION ON EXTENSIONS AND RENEWALS. 

The withdrawals and reservations established under this Act may not be extended 

or renewed except by a law enacted after the date of enactment of this Act. 

SEC. 111. APPLICATION FOR RENEWAL OF A WITHDRAWAL AND RESERVATION. 

To the extent practicable, not later than 5 years before the date of termination 

of a withdrawal and reservation established by this Act, the Secretary concerned 

shall— 

(1) notify the Secretary of the Interior as to whether the Secretary concerned 

will have a continuing defense-related need for any of the land withdrawn and 

reserved by this Act after the termination date of the withdrawal and reservation; and 

(2) transmit a copy of the notice submitted under paragraph (1) to— 

(A) the Committee on Armed Services and the Committee on Energy and 

Natural Resources of the Senate; and 

(B) the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives. 

SEC. 112. LIMITATION ON SUBSEQUENT AVAILABILITY OF LAND FOR APPROPRIATION. 

On the termination of a withdrawal and reservation by this Act, the previously 

withdrawn land shall not be open to any form of appropriation under the public 

land laws, including the mining laws, the mineral leasing laws, and the geothermal 

leasing laws, unless the Secretary of the Interior publishes in the Federal Register 

an appropriate order specifying the date on which the land shall be— 

(1) restored to the public domain; and 

(2) opened for appropriation under the public land laws. 

SEC. 113. RELINQUISHMENT. 

(a) NOTICE OF INTENTION TO RELINQUISH.—If, during the period of withdrawal 

and reservation under this Act, the Secretary concerned decides to relinquish any 

or all of the land withdrawn and reserved by this Act, the Secretary concerned shall 

submit to the Secretary of the Interior notice of the intention to relinquish the land. 


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(b) DETERMINATION OF CONTAMINATION.—The Secretary concerned shall include in 

the notice submitted under subsection (a) a written determination concerning 

whether and to what extent the land that is to be relinquished is contaminated with 

explosive materials or toxic or hazardous substances. 

(c) PUBLIC NOTICE.—The Secretary of the Interior shall publish in the Federal 

Register the notice of intention to relinquish the land under this section, including 

the determination concerning the contaminated state of the land. 

(d) DECONTAMINATION OF LAND TO BE RELINQUISHED.— 

(1) DECONTAMINATION REQUIRED.—The Secretary concerned shall decontaminate land subject to a notice of intention under subsection (a) to the extent that 

funds are appropriated for that purpose, if— 

(A) the land subject to the notice of intention is contaminated, as determined by the Secretary concerned; and 

(B) the Secretary of the Interior, in consultation with the Secretary concerned, determines that— 

(i) decontamination is practicable and economically feasible, after 

taking into consideration the potential future use and value of the contaminated land; and 

(ii) on decontamination of the land, the land could be opened to operation of some or all of the public land laws, including the mining laws, 

the mineral leasing laws, and the geothermal leasing laws. 

(2) ALTERNATIVES TO RELINQUISHMENT.—The Secretary of the Interior shall 

not be required to accept the land proposed for relinquishment under subsection 

(a), if— 

(A) the Secretary of the Interior, after consultation with the Secretary 

concerned, determines that— 

(i) decontamination of the land is not practicable or economically feasible; or 

(ii) the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws; or 

(B) sufficient funds are not appropriated for the decontamination of the 

land. 

(3) STATUS OF CONTAMINATED LAND ON TERMINATION.—If, because of the contaminated state of the land, the Secretary of the Interior declines to accept land 

withdrawn and reserved by this Act that has been proposed for relinquishment, 

or if at the expiration of the withdrawal and reservation made by this Act, the 

Secretary of the Interior determines that a portion of the land withdrawn and 

reserved by this Act is contaminated to an extent that prevents opening the 

contaminated land to operation of the public land laws— 

(A) the Secretary concerned shall take appropriate steps to warn the public of— 

(i) the contaminated state of the land; and 

(ii) any risks associated with entry onto the land; 

(B) after the expiration of the withdrawal and reservation under this Act, 

the Secretary concerned shall undertake no activities on the contaminated 

land, except for activities relating to the decontamination of the land; and 

(C) the Secretary concerned shall submit to the Secretary of the Interior 

and Congress a report describing— 

(i) the status of the land; and 

(ii) any actions taken under this paragraph. 

(e) REVOCATION AUTHORITY.— 

(1) IN GENERAL.—If the Secretary of the Interior determines that it is in the 

public interest to accept the land proposed for relinquishment under subsection 

(a), the Secretary of the Interior may order the revocation of a withdrawal and 

reservation established by this Act. 

(2) REVOCATION ORDER.—To carry out a revocation under paragraph (1), the 

Secretary of the Interior shall publish in the Federal Register a revocation order 

that— 

(A) terminates the withdrawal and reservation; 

(B) constitutes official acceptance of the land by the Secretary of the Interior; and 

(C) specifies the date on which the land will be opened to the operation 

of some or all of the public land laws, including the mining laws. 

(f) ACCEPTANCE BY SECRETARY OF THE INTERIOR.— 

(1) IN GENERAL.—Nothing in this section requires the Secretary of the Interior 

to accept the land proposed for relinquishment if the Secretary determines that 

the land is not suitable for return to the public domain. 


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(2) NOTICE.—If the Secretary makes a determination that the land is not suitable for return to the public domain, the Secretary shall provide notice of the 

determination to Congress. 

SEC. 114. LAND WITHDRAWALS; IMMUNITY OF THE UNITED STATES. 

The United States and officers and employees of the United States shall be held 

harmless and shall not be liable for any injuries or damages to persons or property 

incurred as a result of any mining or mineral or geothermal leasing activity or other 

authorized nondefense-related activity conducted on land withdrawn and reserved 

by this Act. 

TITLE II—MILITARY LAND WITHDRAWALS 

SEC. 201. CHINA LAKE, CALIFORNIA. 

(a) WITHDRAWAL AND RESERVATION.— (1) WITHDRAWAL.—Subject to valid existing rights and except as otherwise 

provided in this section, the public land (including the interests in land) described in paragraph (2), and all other areas within the boundary of the land 

depicted on the map described in that paragraph that may become subject to 

the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws (including the mining laws and the mineral 

leasing laws). 

(2) DESCRIPTION OF LAND.—The public land (including interests in land) referred to in paragraph (1) is the Federal land located within the boundaries of 

the Naval Air Weapons Station China Lake, comprising approximately 

1,045,000 acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted on the maps entitled ‘‘Naval Air Weapons Station China Lake 

Withdrawal—Renewal’’, ‘‘North Range’’, and ‘‘South Range’’, dated March 18, 

2013, and filed in accordance with section 102. 

(3) RESERVATION.—The land withdrawn by paragraph (1) is reserved for use 

by the Secretary of the Navy for the following purposes: 

(A) Use as a research, development, test, and evaluation laboratory. 

(B) Use as a range for air warfare weapons and weapon systems. 

(C) Use as a high-hazard testing and training area for aerial gunnery, 

rocketry, electronic warfare and countermeasures, tactical maneuvering and 

air support, and directed energy and unmanned aerial systems. 

(D) Geothermal leasing, development, and related power production activities. 

(E) Other defense-related purposes consistent with the purposes described 

in subparagraphs (A) through (D) and authorized under section 104. 

(b) MANAGEMENT OF WITHDRAWN AND RESERVED LAND.— 

(1) MANAGEMENT BY THE SECRETARY OF THE INTERIOR.— 

(A) IN GENERAL.—Except as provided in paragraph (2), during the period 

of the withdrawal and reservation of land by this section, the Secretary of 

the Interior shall manage the land withdrawn and reserved by this section 

in accordance with— 

(i) this Act; 

(ii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1701 et seq.); and 

(iii) any other applicable law. 

(B) AUTHORIZED ACTIVITIES.—To the extent consistent with applicable law 

and Executive orders, the land withdrawn by this section may be managed 

in a manner that permits the following activities: 

(i) Grazing. 

(ii) Protection of wildlife and wildlife habitat. 

(iii) Preservation of cultural properties. 

(iv) Control of predatory and other animals. 

(v) Recreation and education. 

(vi) Prevention and appropriate suppression of brush and range fires 

resulting from non-military activities. 

(vii) Geothermal leasing and development and related power production activities. 

(C) NONDEFENSE USES.—All nondefense-related uses of the land withdrawn by this section (including the uses described in subparagraph (B)), 

shall be subject to any conditions and restrictions that the Secretary of the 

Interior and the Secretary of the Navy jointly determine to be necessary to 

permit the defense-related use of the land for the purposes described in this 

section. 


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(D) ISSUANCE OF LEASES.— 

(i) IN GENERAL.—The Secretary of the Interior shall be responsible for 

the issuance of any lease, easement, right-of-way, permit, license, or 

other instrument authorized by law with respect to any activity that 

involves geothermal resources on— 

(I) the land withdrawn and reserved by this section; and 

(II) any other land not under the administrative jurisdiction of 

the Secretary of the Navy. 

(ii) CONSENT REQUIRED.—Any authorization issued under clause (i) 

shall— 

(I) only be issued with the consent of the Secretary of the Navy; 

and 

(II) be subject to such conditions as the Secretary of the Navy 

may require with respect to the land withdrawn and reserved by 

this section. 

(2) ASSIGNMENT TO THE SECRETARY OF THE NAVY.— 

(A) IN GENERAL.—The Secretary of the Interior may assign the management responsibility, in whole or in part, for the land withdrawn and reserved by this section to the Secretary of the Navy. 

(B) APPLICABLE LAW.—On assignment of the management responsibility 

under subparagraph (A), the Secretary of the Navy shall manage the land 

in accordance with— 

(i) this Act; 

(ii) title I of the Sikes Act (16 U.S.C. 670a et seq.); 

(iii) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1701 et seq.); 

(iv) cooperative management arrangements entered into by the Secretary of the Interior and the Secretary of the Navy; and 

(v) any other applicable law. 

(3) GEOTHERMAL RESOURCES.— 

(A) IN GENERAL.—Nothing in this section or section 105 affects— 

(i) geothermal leases issued by the Secretary of the Interior before 

the date of enactment of this Act; or 

(ii) the responsibility of the Secretary of the Interior to administer 

and manage the leases described in clause (i), consistent with the provisions of this section. 

(B) AUTHORITY OF THE SECRETARY OF THE INTERIOR.—Nothing in this section or any other provision of law prohibits the Secretary of the Interior 

from issuing, subject to the concurrence of the Secretary of the Navy, and 

administering any lease under the Geothermal Steam Act of 1970 (30 

U.S.C. 1001 et seq.) and any other applicable law for the development and 

use of geothermal steam and associated geothermal resources on the land 

withdrawn and reserved by this section. 

(C) APPLICABLE LAW.—Nothing in this section affects the geothermal exploration and development authority of the Secretary of the Navy under 

section 2917 of title 10, United States Code, with respect to the land withdrawn and reserved by this section, except that the Secretary of the Navy 

shall be required to obtain the concurrence of the Secretary of the Interior 

before taking action under section 2917 of title 10, United States Code. 

(D) NAVY CONTRACTS.—On the expiration of the withdrawal and reservation of land under this section or the relinquishment of the land, any Navy 

contract for the development of geothermal resources at Naval Air Weapons 

Station, China Lake, in effect on the date of the expiration or relinquishment shall remain in effect, except that the Secretary of the Interior, with 

the consent of the Secretary of the Navy, may offer to substitute a standard 

geothermal lease for the contract. 

(E) CONCURRENCE OF SECRETARY OF THE NAVY REQUIRED.—Any lease 

issued under section 105(d) with respect to land withdrawn and reserved 

by this section shall require the concurrence of the Secretary of the Navy, 

if— 

(i) the Secretary of the Interior anticipates the surface occupancy of 

the withdrawn land; or 

(ii) the Secretary of the Interior determines that the proposed lease 

may interfere with geothermal resources on the land. 

(4) WILD HORSES AND BURROS.— 

(A) IN GENERAL.—The Secretary of the Navy— 

(i) shall be responsible for the management of wild horses and burros 

located on the land withdrawn and reserved by this section; and 


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(ii) may use helicopters and motorized vehicles for the management 

of the wild horses and burros. 

(B) REQUIREMENTS.—The activities authorized under subparagraph (A) 

shall be conducted in accordance with laws applicable to the management 

of wild horses and burros on public land. 

(C) AGREEMENT.—The Secretary of the Interior and the Secretary of the 

Navy shall enter into an agreement for the implementation of the management of wild horses and burros under this paragraph. 

(5) CONTINUATION OF EXISTING AGREEMENT.—The agreement between the Secretary of the Interior and the Secretary of the Navy entered into before the date 

of enactment of this Act under section 805 of the California Military Lands 

Withdrawal and Overflights Act of 1994 (Public Law 103–433; 108 Stat. 4503) 

shall continue in effect until the earlier of— 

(A) the date on which the Secretary of the Interior and the Secretary of 

the Navy enter into a new agreement; or 

(B) the date that is 1 year after the date of enactment of this Act. 

(6) COOPERATION IN DEVELOPMENT OF MANAGEMENT PLAN.— 

(A) IN GENERAL.—The Secretary of the Navy and the Secretary of the Interior shall update and maintain cooperative arrangements concerning land 

resources and land uses on the land withdrawn and reserved by this section. 

(B) REQUIREMENTS.—A cooperative arrangement entered into under subparagraph (A) shall— 

(i) focus on and apply to sustainable management and protection of 

the natural and cultural resources and environmental values found on 

the withdrawn and reserved land, consistent with the defense-related 

purposes for which the land is withdrawn and reserved; and 

(ii) include a comprehensive land use management plan that— 

(I) integrates and is consistent with any applicable law, including— 

(aa) title I of the Sikes Act (16 U.S.C. 670a et seq.); and 

(bb) the Federal Land Policy and Management Act of 1976 

(43 U.S.C. 1701 et seq.); and 

(II) shall be— 

(aa) annually reviewed by the Secretary of the Navy and the 

Secretary of the Interior; and 

(bb) updated, as the Secretary of the Navy and the Secretary 

of the Interior determine to be necessary— 

(AA) to respond to evolving management requirements; 

and 

(BB) to complement the updates of other applicable land 

use and resource management and planning. 

(7) IMPLEMENTING AGREEMENT.— 

(A) IN GENERAL.—The Secretary of the Interior and the Secretary of the 

Navy may enter into a written agreement to implement the comprehensive 

land use management plan developed under paragraph (6)(B)(ii). 

(B) COMPONENTS.—An agreement entered into under subparagraph (A)— 

(i) shall be for a duration that is equal to the period of the withdrawal and reservation of land under this section; and 

(ii) may be amended from time to time. 

(c) TERMINATION OF PRIOR WITHDRAWALS.— 

(1) IN GENERAL.—Subject to paragraph (2), the withdrawal and reservation 

under section 803(a) of the California Military Lands Withdrawal and Overflights Act of 1994 (Public Law 103–433; 108 Stat. 4502) is terminated. 

(2) LIMITATION.—Notwithstanding the termination under paragraph (1), all 

rules, regulations, orders, permits, and other privileges issued or granted by the 

Secretary of the Interior or the Secretary of the Navy with respect to the land 

withdrawn and reserved under that section, unless inconsistent with the provisions of this section, shall remain in force until modified, suspended, overruled, 

or otherwise changed by— 

(A) the Secretary of the Interior or the Secretary of the Navy (as applicable); 

(B) a court of competent jurisdiction; or 

(C) operation of law. 

(d) DURATION OF WITHDRAWAL AND RESERVATION.—The withdrawal and reservation made by this section terminate on March 31, 2039. 


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SEC. 202. LIMESTONE HILLS, MONTANA. 

(a) WITHDRAWAL AND RESERVATION OF PUBLIC LAND FOR LIMESTONE HILLS TRAIN- ING AREA, MONTANA.— (1) WITHDRAWAL.—Subject to valid existing rights and except as otherwise 

provided in this section, the public land (including the interests in land) described in paragraph (3), and all other areas within the boundaries of the land 

as depicted on the map provided for by paragraph (4) that may become subject 

to the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws (including the mining laws, the mineral 

leasing laws, and the geothermal leasing laws). 

(2) RESERVATION; PURPOSE.—Subject to the limitations and restrictions contained in subsection (c), the public land withdrawn by paragraph (1) is reserved 

for use by the Secretary of the Army for the following purposes: 

(A) The conduct of training for active and reserve components of the 

Armed Forces. 

(B) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training. 

(C) The conduct of training by the Montana Department of Military Affairs, provided that the training does not interfere with the purposes specified in subparagraphs (A) and (B). 

(D) The conduct of training by State and local law enforcement agencies, 

civil defense organizations, and public education institutions, provided that 

the training does not interfere with the purposes specified in subparagraphs (A) and (B). 

(E) Other defense-related purposes consistent with the purposes specified 

in subparagraphs (A) through (D). 

(3) DESCRIPTION OF LAND.—The public land (including the interests in land) 

referred to in paragraph (1) comprises approximately 18,644 acres in 

Broadwater County, Montana, generally depicted as ‘‘Proposed Land Withdrawal’’ on the map entitled ‘‘Limestone Hills Training Area Land Withdrawal’’ 

and dated April 10, 2013. 

(4) INDIAN TRIBES.— 

(A) IN GENERAL.—Nothing in this Act alters any rights reserved for an 

Indian tribe for tribal use of the public land withdrawn by paragraph (1) 

by treaty or Federal law. 

(B) CONSULTATION REQUIRED.—The Secretary of the Army shall consult 

with any Indian tribes in the vicinity of the public land withdrawn by paragraph (1) before taking any action within the public land affecting tribal 

rights or cultural resources protected by treaty or Federal law. 

(b) MANAGEMENT OF WITHDRAWN AND RESERVED LAND.—During the period of the 

withdrawal and reservation specified in subsection (e), the Secretary of the Army 

shall manage the public land withdrawn by paragraph (1) of subsection (a) for the 

purposes specified in paragraph (2) of that subsection, subject to the limitations and 

restrictions contained in subsection (c). 

(c) SPECIAL RULES GOVERNING MINERALS MANAGEMENT.— 

(1) INDIAN CREEK MINE.— 

(A) IN GENERAL.—Of the land withdrawn by subsection (a)(1), locatable 

mineral activities in the approved Indian Creek Mine plan of operations, 

MTM–78300, shall be regulated in accordance with subparts 3715 and 3809 

of title 43, Code of Federal Regulations. 

(B) RESTRICTIONS ON SECRETARY OF THE ARMY.— 

(i) IN GENERAL.—The Secretary of the Army shall make no determination that the disposition of, or exploration for, minerals as provided for in the approved plan of operations described in subparagraph 

(A) is inconsistent with the defense-related uses of the land withdrawn 

under this section. 

(ii) COORDINATION.—The coordination of the disposition of and exploration for minerals with defense-related uses of the land shall be determined in accordance with procedures in an agreement provided for 

under paragraph (3). 

(2) REMOVAL OF UNEXPLODED ORDNANCE ON LAND TO BE MINED.— 

(A) REMOVAL ACTIVITIES.— 

(i) IN GENERAL.—Subject to the availability of funds appropriated for 

such purpose, the Secretary of the Army shall remove unexploded ordnance on land withdrawn by subsection (a)(1) that is subject to mining 

under paragraph (1), consistent with applicable Federal and State law. 

(ii) PHASES.—The Secretary of the Army may provide for the removal 

of unexploded ordnance in phases to accommodate the development of 

the Indian Creek Mine under paragraph (1). 


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(B) REPORT ON REMOVAL ACTIVITIES.— 

(i) IN GENERAL.—The Secretary of the Army shall annually submit to 

the Secretary of the Interior a report regarding any unexploded ordnance removal activities conducted during the previous fiscal year in 

accordance with this paragraph. 

(ii) INCLUSIONS.—The report under clause (i) shall include— 

(I) a description of the amounts expended for unexploded ordnance removal on the land withdrawn by subsection (a)(1) during 

the period covered by the report; and 

(II) the identification of the land cleared of unexploded ordnance 

and approved for mining activities by the Secretary of the Interior 

under this paragraph. 

(3) IMPLEMENTATION AGREEMENT FOR MINING ACTIVITIES.— 

(A) IN GENERAL.—The Secretary of the Interior and the Secretary of the 

Army shall enter into an agreement to implement this subsection with respect to the coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. 

(B) DURATION.—The duration of an agreement entered into under subparagraph (A) shall be equal to the period of the withdrawal under subsection (a)(1), but may be amended from time to time. 

(C) REQUIREMENTS.—The agreement shall provide the following: 

(i) That Graymont Western US, Inc., or any successor or assign of the 

approved Indian Creek Mine mining plan of operations, MTM–78300, 

shall be invited to be a party to the agreement. 

(ii) Provisions regarding the day-to-day joint-use of the Limestone 

Hills Training Area. 

(iii) Provisions addressing periods during which military and other 

authorized uses of the withdrawn land will occur. 

(iv) Provisions regarding when and where military use or training 

with explosive material will occur. 

(v) Provisions regarding the scheduling of training activities conducted within the withdrawn land that restrict mining activities. 

(vi) Procedures for deconfliction with mining operations, including parameters for notification and resolution of anticipated changes to the 

schedule. 

(vii) Procedures for access through mining operations covered by this 

section to training areas within the boundaries of the Limestone Hills 

Training Area. 

(viii) Procedures for scheduling of the removal of unexploded ordnance. 

(4) EXISTING MEMORANDUM OF AGREEMENT.—Until the date on which the 

agreement under paragraph (3) becomes effective, the compatible joint use of 

the land withdrawn and reserved by subsection (a)(1) shall be governed, to the 

extent compatible, by the terms of the 2005 Memorandum of Agreement among 

the Montana Army National Guard, Graymont Western US, Inc., and the Bureau of Land Management. 

(d) GRAZING.— 

(1) ISSUANCE AND ADMINISTRATION OF PERMITS AND LEASES.—The Secretary of 

the Interior shall manage the issuance and administration of grazing permits 

and leases, including the renewal of permits and leases, on the public land 

withdrawn by subsection (a)(1), consistent with all applicable laws (including 

regulations) and policies of the Secretary of the Interior relating to the permits 

and leases. 

(2) SAFETY REQUIREMENTS.—With respect to any grazing permit or lease 

issued after the date of enactment of this Act for land withdrawn by subsection 

(a)(1), the Secretary of the Interior and the Secretary of the Army shall jointly 

establish procedures that— 

(A) are consistent with Department of the Army explosive and range safety standards; and 

(B) provide for the safe use of the withdrawn land. 

(3) ASSIGNMENT.—The Secretary of the Interior may, with the agreement of 

the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that the assignment 

may not include the authority to discontinue grazing on the land withdrawn by 

subsection (a)(1). 

(e) DURATION OF WITHDRAWAL AND RESERVATION.—The withdrawal of public land 

by subsection (a)(1) shall terminate on March 31, 2039. 


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SEC. 203. CHOCOLATE MOUNTAIN, CALIFORNIA. 

(a) WITHDRAWAL AND RESERVATION.— 

(1) WITHDRAWAL.—Subject to valid existing rights and except as otherwise 

provided in this section, the public land (including the interests in land) described in paragraph (2), and all other areas within the boundary of the land 

depicted on the map described in that paragraph that become subject to the operation of the public land laws, is withdrawn from all forms of appropriation 

under the public land laws (including the mining laws, the mineral leasing 

laws, and the geothermal leasing laws). 

(2) DESCRIPTION OF LAND.—The public land (including the interests in land) 

referred to in paragraph (1) is the Federal land comprising approximately 

228,324 acres in Imperial and Riverside Counties, California, generally depicted 

on the map entitled ‘‘Chocolate Mountain Aerial Gunnery Range—Administration’s Land Withdrawal Legislative Proposal Map’’, dated October 30, 2013, and 

filed in accordance with section 102. 

(3) RESERVATION.—The land withdrawn by paragraph (1) is reserved for use 

by the Secretary of the Navy for the following purposes: 

(A) Testing and training for aerial bombing, missile firing, tactical maneuvering, and air support. 

(B) Small unit ground forces training, including artillery firing, demolition activities, and small arms field training. 

(C) Other defense-related purposes consistent with the purposes that 

are— 

(i) described in subparagraphs (A) and (B); and 

(ii) authorized under section 104. 

(b) MANAGEMENT OF WITHDRAWN AND RESERVED LAND.— 

(1) MANAGEMENT BY THE SECRETARY OF THE INTERIOR.—Except as provided in 

paragraph (2), during the period of the withdrawal and reservation of land by 

this section, the Secretary of the Interior shall manage the land withdrawn and 

reserved by this section in accordance with— 

(A) this Act; 

(B) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 

et seq.); and 

(C) any other applicable law. 

(2) ASSIGNMENT OF MANAGEMENT TO THE SECRETARY OF THE NAVY.— 

(A) IN GENERAL.—The Secretary of the Interior may assign the management responsibility, in whole or in part, for the land withdrawn and reserved by this section to the Secretary of the Navy. 

(B) ACCEPTANCE.—If the Secretary of the Navy accepts the assignment of 

responsibility under subparagraph (A), the Secretary of the Navy shall 

manage the land in accordance with— 

(i) this Act; 

(ii) title I of the Sikes Act (16 U.S.C. 670a et seq.); and 

(iii) any other applicable law. 

(3) IMPLEMENTING AGREEMENT.—The Secretary of the Interior and the Secretary of the Navy may enter into a written agreement— 

(A) that implements the assignment of management responsibility under 

paragraph (2); 

(B) the duration of which shall be equal to the period of the withdrawal 

and reservation of the land under this section; and 

(C) that may be amended from time to time. 

(4) ACCESS AGREEMENT.—The Secretary of the Interior and the Secretary of 

the Navy may enter into a written agreement to address access to and maintenance of Bureau of Reclamation facilities located within the boundary of the 

Chocolate Mountain Aerial Gunnery Range. 

(c) ACCESS.—Notwithstanding section 103, the land withdrawn and reserved by 

this section (other than the land comprising the Bradshaw Trail) shall be— 

(1) closed to the public and all uses (other than the uses authorized by subsection (a)(3) or under section 104); and 

(2) subject to any conditions and restrictions that the Secretary of the Navy 

determines to be necessary to prevent any interference with the uses authorized 

by subsection (a)(3) or under section 104. 

(d) DURATION OF WITHDRAWAL AND RESERVATION.—The withdrawal and reservation made by this section terminates on March 31, 2039. 

SEC. 204. TWENTYNINE PALMS, CALIFORNIA. 

(a) WITHDRAWAL AND RESERVATION.— 

(1) WITHDRAWAL.—Subject to valid existing rights and except as otherwise 

provided in this section, the public land (including the interests in land) deVerDate Mar 15 2010 05:41 May 20, 2014 Jkt 039010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6621 E:\HR\OC\SR161.XXX SR161

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scribed in paragraph (2), and all other areas within the boundary of the land 

depicted on the map described in that paragraph that may become subject to 

the operation of the public land laws, is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing 

laws, and the geothermal leasing laws. 

(2) DESCRIPTION OF LAND.—The public land (including the interests in land) 

referred to in paragraph (1) is the Federal land comprising approximately 

150,928 acres in San Bernardino County, California, generally depicted on the 

map entitled ‘‘MCAGCC 29 Palms Expansion Map’’, dated November 13, 2013 

(3 sheets), and filed in accordance with section 102, which are divided into the 

following 2 areas: 

(A) The Exclusive Military Use Area, divided into 4 areas, consisting of— 

(i) 1 area to the west of the Marine Corps Air Ground Combat Center, consisting of approximately 91,293 acres; 

(ii) 1 area south of the Marine Corps Air Ground Combat Center, 

consisting of approximately 19,704 acres; and 

(iii) 2 other areas, each measuring approximately 300 meters square 

(approximately 22 acres), located inside the boundaries of the Shared 

Use Area described in subparagraph (B), totaling approximately 44 

acres. (B) The Shared Use Area, consisting of approximately 40,931 acres. 

(3) RESERVATION FOR SECRETARY OF THE NAVY.—The land withdrawn by paragraph (2)(A) is reserved for use by the Secretary of the Navy for the following 

purposes: 

(A) Sustained, combined arms, live-fire, and maneuver field training for 

large-scale Marine air ground task forces. 

(B) Individual and unit live-fire training ranges. 

(C) Equipment and tactics development. 

(D) Other defense-related purposes that are— 

(i) consistent with the purposes described in subparagraphs (A) 

through (C); and 

(ii) authorized under section 104. 

(4) RESERVATION FOR SECRETARY OF THE INTERIOR.—The land withdrawn by 

paragraph (2)(B) is reserved— 

(A) for use by the Secretary of the Navy for the purposes described in 

paragraph (3); and 

(B) for use by the Secretary of the Interior for the following purposes: 

(i) Public recreation— 

(I) during any period in which the land is not being used for military training; and 

(II) as determined to be suitable for public use. 

(ii) Natural resources conservation. 

(b) MANAGEMENT OF WITHDRAWN AND RESERVED LAND.— 

(1) MANAGEMENT BY THE SECRETARY OF THE NAVY.—Except as provided in 

paragraph (2), during the period of withdrawal and reservation of land by this 

section, the Secretary of the Navy shall manage the land withdrawn and reserved by this section for the purposes described in subsection (a)(3), in accordance with— 

(A) an integrated natural resources management plan prepared and implemented under title I of the Sikes Act (16 U.S.C. 670a et seq.); 

(B) this Act; 

(C) a programmatic agreement between the Marine Corps and the California State Historic Preservation Officer regarding operation, maintenance, 

training, and construction at the United States Marine Air Ground Task 

Force Training Command, Marine Corps Air Ground Combat Center, 

Twentynine Palms, California; and 

(D) any other applicable law. 

(2) MANAGEMENT BY THE SECRETARY OF THE INTERIOR.— 

(A) IN GENERAL.—Except as provided in subparagraph (B), during the period of withdrawal and reservation of land by this section, the Secretary of 

the Interior shall manage the area described in subsection (a)(2)(B). 

(B) EXCEPTION.—Twice a year during the period of withdrawal and reservation of land by this section, there shall be a 30-day period during which 

the Secretary of the Navy shall— 

(i) manage the area described in subsection (a)(2)(B); and 

(ii) exclusively use the area described in subsection (a)(2)(B) for military training purposes. 

(C) APPLICABLE LAW.—The Secretary of the Interior, during the period of 

the management by the Secretary of the Interior under subparagraph (A), 


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shall manage the area described in subsection (a)(2)(B) for the purposes described in subsection (a)(4), in accordance with— 

(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1701 et seq.); and 

(ii) any other applicable law. 

(D) SECRETARY OF THE NAVY.— 

(i) IN GENERAL.—The Secretary of the Navy, during the period of the 

management by the Secretary of the Navy under subparagraph (A), 

shall manage the area described in subsection (a)(2)(B) for the purposes 

described in subsection (a)(3), in accordance with— 

(I) an integrated natural resources management plan prepared 

and implemented in accordance with title I of the Sikes Act (16 

U.S.C. 670a et seq.); 

(II) this Act; 

(III) the programmatic agreement described in paragraph (1)(C); 

and 

(IV) any other applicable law. 

(ii) LIMITATION.—The Department of the Navy shall not fire dud-producing ordnance onto the land withdrawn by subsection (a)(2)(B). 

(3) PUBLIC ACCESS.— 

(A) IN GENERAL.—Notwithstanding section 103, the area described in subsection (a)(2)(A) shall be closed to all public access unless otherwise authorized by the Secretary of the Navy. 

(B) PUBLIC RECREATIONAL USE.— 

(i) IN GENERAL.—The area described in subsection (a)(2)(B) shall be 

open to public recreational use during the period in which the area is 

under the management of the Secretary of the Interior, if there is a determination by the Secretary of the Navy that the area is suitable for 

public use. 

(ii) DETERMINATION.—A determination of suitability under clause (i) 

shall not be withheld without a specified reason. 

(C) RESOURCE MANAGEMENT GROUP.— 

(i) IN GENERAL.—The Secretary of the Navy and the Secretary of the 

Interior, by agreement, shall establish a Resource Management Group 

comprised of representatives of the Departments of the Interior and 

Navy. 

(ii) DUTIES.—The Resource Management Group established under 

clause (i) shall— 

(I) develop and implement a public outreach plan to inform the 

public of the land uses changes and safety restrictions affecting the 

land; and 

(II) advise the Secretary of the Interior and the Secretary of the 

Navy with respect to the issues associated with the multiple uses 

of the area described in subsection (a)(2)(B). 

(iii) MEETINGS.—The Resource Management Group established under 

clause (i) shall— 

(I) meet at least once a year; and 

(II) solicit input from relevant State agencies, private off-highway vehicle interest groups, event managers, environmental advocacy groups, and others relating to the management and facilitation of recreational use within the area described in subsection 

(a)(2)(B). 

(D) MILITARY TRAINING.— 

(i) NOT CONDITIONAL.—Military training within the area described in 

subsection (a)(2)(B) shall not be conditioned on, or precluded by— 

(I) the lack of a recreation management plan or land use management plan for the area described in subsection (a)(2)(B) developed and implemented by the Secretary of the Interior; or 

(II) any legal or administrative challenge to a recreation management plan or land use plan developed under subclause (I). 

(ii) MANAGEMENT.—The area described in subsection (a)(2)(B) shall 

be managed in a manner that does not compromise the ability of the 

Department of the Navy to conduct military training in the area. 

(4) IMPLEMENTATION AGREEMENT.— 

(A) IN GENERAL.—The Secretary of the Interior and the Secretary of the 

Navy shall enter into a written agreement to implement the management 

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(B) COMPONENTS.—The agreement entered into under subparagraph 

(A)— 

(i) shall be of a duration that is equal to the period of the withdrawal 

and reservation of land under this section; 

(ii) may be amended from time to time; 

(iii) may provide for the integration of the management plans required of the Secretary of the Interior and the Secretary of the Navy 

by this section; 

(iv) may provide for delegation to civilian law enforcement personnel 

of the Department of the Navy of the authority of the Secretary of the 

Interior to enforce the laws relating to protection of natural and cultural resources and fish and wildlife; and 

(v) may provide for the Secretary of the Interior and the Secretary 

of the Navy to share resources so as to most efficiently and effectively 

manage the area described in subsection (a)(2)(B). 

(5) JOHNSON VALLEY OFF-HIGHWAY VEHICLE RECREATION AREA.— 

(A) DESIGNATION.—The following areas are designated as the ‘‘Johnson 

Valley Off-Highway Vehicle Recreation Area’’: 

(i) Approximately 45,000 acres (as depicted on the map referred to in 

subsection (a)(2)) of the existing Bureau of Land Management-designated Johnson Valley Off-Highway Vehicle Area that is not withdrawn and reserved for defense-related uses by this section. 

(ii) The area described in subsection (a)(2)(B). 

(B) AUTHORIZED ACTIVITIES.—To the extent consistent with applicable 

Federal law (including regulations) and this section, any authorized recreation activities and use designation in effect on the date of enactment of 

this Act and applicable to the Johnson Valley Off-Highway Vehicle Recreation Area may continue, including casual off-highway vehicular use and 

recreation. 

(C) ADMINISTRATION.—The Secretary of the Interior shall administer the 

Johnson Valley Off-Highway Vehicle Recreation Area (other than the portion of the area described in subsection (a)(2)(B) that is being managed in 

accordance with the other provisions of this section), in accordance with— 

(i) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 

1701 et seq.); and 

(ii) any other applicable law. 

(D) TRANSIT.—In coordination with the Secretary of the Interior, the Secretary of the Navy may authorize transit through the Johnson Valley OffHighway Vehicle Recreation Area for defense-related purposes supporting 

military training (including military range management and management 

of exercise activities) conducted on the land withdrawn and reserved by this 

section. 

(c) DURATION OF WITHDRAWAL AND RESERVATION.—The withdrawal and reservation made by this section terminate on March 31, 2039. 

SEC. 205. WHITE SANDS MISSILE RANGE AND FORT BLISS. 

(a) WITHDRAWAL.— 

(1) IN GENERAL.—Subject to valid existing rights and paragraph (3), the Federal land described in paragraph (2) is withdrawn from— 

(A) entry, appropriation, and disposal under the public land laws; 

(B) location, entry, and patent under the mining laws; and 

(C) operation of the mineral leasing, mineral materials, and geothermal 

leasing laws. 

(2) DESCRIPTION OF FEDERAL LAND.—The Federal land referred to in paragraph (1) consists of— 

(A) the approximately 5,100 acres of land depicted as ‘‘Parcel 1’’ on the 

map entitled ‘‘White Sands Missile Range/Fort Bliss/BLM Land Transfer 

and Withdrawal’’ and dated April 3, 2012 (referred to in this section as the 

‘‘map’’); 

(B) the approximately 37,600 acres of land depicted as ‘‘Parcel 2’’, ‘‘Parcel 

3’’, and ‘‘Parcel 4’’ on the map; and 

(C) any land or interest in land that is acquired by the United States 

within the boundaries of the parcels described in subparagraph (B). 

(3) LIMITATION.—Notwithstanding paragraph (1), the land depicted as ‘‘Parcel 

4’’ on the map is not withdrawn for purposes of the issuance of oil and gas pipeline rights-of-way. 

(b) RESERVATION.—The Federal land described in subsection (a)(2)(A) is reserved 

for use by the Secretary of the Army for military purposes in accordance with Public 

Land Order 833, dated May 27, 1952 (17 Fed. Reg. 4822). 


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(c) REVOCATION OF WITHDRAWAL.—Effective on the date of enactment of this Act— 

(1) Public Land Order 833, dated May 21, 1952 (17 Fed. Reg. 4822), is revoked with respect to the approximately 2,050 acres of land generally depicted 

as ‘‘Parcel 2’’ on the map; and 

(2) the land described in paragraph (1) shall be managed by the Secretary of 

the Interior as public land, in accordance with— 

(A) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 

et seq.); and 

(B) any other applicable laws. 

PURPOSE

The purpose of S. 1309 is to withdraw certain public lands for 

the China Lake Naval Air Weapons Station, the Limestone Hills 

Training Area, the Chocolate Mountain Aerial Gunnery Range, the 

Twentynine Palms Marine Corps Air Ground Combat Center, the 

White Sands Missile Range, and Fort Bliss. 

BACKGROUND AND NEED

Many of the Nation’s military installations occupy public lands 

that have been withdrawn from the public domain and reserved for 

military purposes. Since 1958, the Engle Act (43 U.S.C. 156) has 

required any withdrawal of more than 5,000 acres that is reserved 

for military purposes to be authorized by Congress. Legislation is 

needed to renew expiring land withdrawals for the China Lake 

Naval Air Weapons Station and the Chocolate Mountain Aerial 

Gunnery Range, and to withdraw additional acreage for the Limestone Hills Training Area, the Twentynine Palms Marine Corps Air 

Ground Combat Center, the White Sands Missile Range, and Fort 

Bliss. 

China Lake 

The China Lake Naval Air Weapons Station is located in the 

western Mojave Desert, about 150 miles northeast of Los Angeles, 

California. It is the Navy’s largest single landholding, and encompasses about 1,700 square miles or 1.1 million acres, an area about 

the size of Rhode Island. It is divided into a North Range of 

606,926 acres in Inyo, Kern, and San Bernardino counties, and a 

South Range of 503,510 acres, all of which lie within San 

Bernardino County. 

The area was originally set aside in 1943 for the Navy to test 

rockets and ordnance during World War II. It was legislatively 

withdrawn and reserved for the use of the Navy as a range for testing air weapons by section 803(a) of the California Desert Protection Act of 1994, Public Law 103–433, 108 Stat. 4502. In accordance with section 806(a) of the Desert Protection Act, the withdrawal and reservation terminates 20 years after the date of enactment, on October 31, 2014. Legislation is needed to renew the withdrawal and reservation. 

Limestone Hills 

The Limestone Hills Training Area is located on the eastern edge 

of the Rocky Mountains, west of the Missouri River, southeast of 

Helena, in Broadwater County, Montana. The Montana Army National Guard has used the Limestone Hills area west of the Missouri River near the town of Townsend, Montana, as a training 

ground since 1952. It occupies about 18,644 acres of public land. 


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The area has been used for military training by the Montana 

Army National Guard since 1952. In 1984, the Bureau of Land 

Management issued the Montana Army National Guard a right-ofway to use the area for 30 years. The right-of-way expires on 

March 26, 2014. In 1993, the Bureau of Land Management informed the Montana Army National Guard that it can no longer 

authorize use of public lands for military purposes by a right-ofway and that the Guard would need to apply for a land withdrawal 

if it wished to continue using the area after the right-of-way expires. Legislation is thus needed to withdraw and reserve the land 

for the Montana Army National Guard to continue to use the area 

for military training. 

Chocolate Mountain 

The Chocolate Mountain Air Gunnery Range is located in the 

Sonoran Desert, about 100 miles east of San Diego, in Imperial and 

Riverside counties, California, between the Salton Sea and the Arizona border. It occupies about 495,000 acres, of which approximately 227,000 acres are withdrawn public lands. 

The area was originally set aside during World War II to train 

air crews in aerial gunnery and bombing. It was legislatively withdrawn and reserved for the use of the Navy as a range for testing 

air weapons by section 803(b) of the California Desert Protection 

Act of 1994, Public Law 103–433, 108 Stat. 4502. In accordance 

with section 806(a) of the Desert Protection Act, the withdrawal 

and reservation terminates 20 years after the date of enactment, 

on October 31, 2014. Legislation is needed to renew the withdrawal 

and reservation. 

Twentynine Palms 

The Twentynine Palms Marine Corps Air Ground Combat Center 

is located in the western Mojave Desert, about 140 miles east of 

Los Angeles, California. It currently covers about 596,000 acres, or 

295 square miles, in southern San Bernardino County. 

The area was originally withdrawn and reserved for the Navy, 

for use as training center for the Marine Corps, by Public Land 

Order 1860 in 1959. The current area is insufficient for its intended use for live-fire training of a Marine Expeditionary Brigade. 

The Department of the Navy is requesting an additional 110,997 

acres of public land adjacent to the existing withdrawal for exclusive military use. In addition, the Navy is requesting an additional 

40,931-acre shared use area which will be open to the public for ten 

months out of the year when not used for military training. Legislation is needed to withdraw and reserve the additional acreage for 

military purposes. 

White Sands/Fort Bliss 

The White Sands Missile Range and Fort Bliss are the two largest military installations in the United States, together occupying 

nearly 5,000 square miles. White Sands Missile Range is the largest and covers almost 3,200 square miles in south central New 

Mexico. Fort Bliss is the second largest and covers almost 1,700 

square miles in west Texas and southern New Mexico, north of El 

Paso. The White Sands Missile Range was originally established as 

the Alamogordo Bombing and Gunnery Range in 1941. It was the 


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site of Robert Goddard’s early rocket tests in 1942 and the Manhattan Project’s Trinity test of the first atomic bomb in 1945. It continues to be used for missile testing. Fort Bliss has been occupied 

by the Army since the 19th century. It currently houses the 1st Armored Division and is used for heavy armor training. 

The Dona Ana Range, which is part of Fort Bliss, is used for 

tank gunnery and artillery training. Training activity on the Dona 

Ana Range generates noise, vibration, and dust. The Army is concerned that residential and commercial development may occur on 

public land adjacent to the Range. Legislation is needed to withdraw additional parcels, totaling 37,600 acres, adjacent to the Dona 

Ana Range to ensure that incompatible development does not occur 

and to establish a buffer zone for live-fire training in the Dona Ana 

training area. 

In addition, part of the White Sands Missile Range is used by the 

National Aeronautics and Space Administration’s White Sands Test 

Facility and Goddard Space Flight Center Tracking and Data Relay 

Satellite Systems facility, and by the National Reconnaissance Office’s Aerospace Data Facility—Southwest. These operations have 

special security and safety requirements, but are located close to a 

public access area, and a number of security incidents have occurred in the area. Legislation is needed to withdraw an additional 

parcel of 5,100 acres to provide a one-mile stand-off area between 

these operations and the public access area, to improve the security 

of the facilities. 

LEGISLATIVE HISTORY

S. 1309 was introduced by Senator Wyden (by request) on July 

16, 2013. The Subcommittee on Public Lands, Forests, and Mining 

held a hearing on S. 1309 on July 30, 2013. At its business meeting 

on November 14, 2013, the Committee ordered S. 1309 favorably 

reported. 

At the same time, the Committee separately ordered reported S. 

1169 and S. 753, which are similar to the text of sections 202 and 

205 of S. 1309, respectively. 

In addition, similar legislation was subsequently incorporated as 

title XXIX of H.R. 2304, the National Defense Authorization Act for 

Fiscal Year 2014, which was enacted as Public Law 113–66 on December 26, 2013. The National Defense Authorization Act only 

withdraws the 5,100 acres for the White Sands Missile Range, however, and not the additional 37,600 acres for the buffer for the 

Dona Ana Range. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on November 14, 2013, by a voice vote of a 

quorum present, recommends that the Senate pass S. 1309, if 

amended as described herein. 

COMMITTEE AMENDMENT

At its business meeting on November 14, 2013, the Committee 

adopted an amendment in the nature of a substitute. The amendment restructures the bill as a new Military Land Withdrawals Act 

of 2013 rather than as a new chapter 174 in title 10 of the United 


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States Code. The amendment redesignates the general provisions 

in subchapter I, section 2931 through 2943 and section 2946, as 

proposed to be added to title 10 by the bill as introduced, as sections 101–114 in title I of the Military Land Withdrawals Act. Sections 2944 and 2955, authorizing the Secretary of the Interior and 

the Secretary concerned to transfer parcels between them and authorizing the Secretary of the Interior to delegate assigned functions, respectively, are stricken. Subchapters II, III, IV, and V of 

chapter 174, as proposed to be added to title 10 of the United 

States Code by the bill as introduced, are redesignated as sections 

201, 202, 203, and 204 of the Military Land Withdrawals Act. In 

addition, a new section 205 withdrawing and reserving public lands 

for the White Sands Missile Range and Fort Bliss are added by the 

amendment. 

SECTION-BY-SECTION ANALYSIS

Section 1 provides a short title and table of contents. 

Section 2 defines key terms used in the Act. 

TITLE I—GENERAL PROVISIONS 

Section 101(a) states that the provisions of title I apply to each 

withdrawal made by title II. Subsection (b) provides that nothing 

in title I assigns management or real property under the jurisdiction of the Secretary of the military department concerned (‘‘the 

Secretary concerned’’) to the Secretary of the Interior. 

Section 102 provides for the preparation, legal effect, public 

availability, and cost of maps and legal descriptions of the withdrawals. 

Section 103 authorizes the Secretary concerned to restrict access 

to the withdrawals if necessary for military purposes, public safety, 

or national security. 

Section 104 authorizes the Secretary concerned to authorize the 

use of withdrawn lands for additional defense-related purposes. 

Section 105(a) authorizes the Secretary of the Interior, with the 

consent of the Secretary concerned, to authorize the use, occupancy, or development of the withdrawn land. Paragraph (b) authorizes the Secretary concerned to authorize the use, occupancy, 

or development of the withdrawn land for a defense-related purpose or, subject to the consent of the Secretary of the Interior, for 

a non-defense purpose. Paragraph (c) provides for the form of authorizations under paragraphs (a) and (b). Paragraph (d) authorizes 

the Secretary of the Interior, with the consent of the Secretary concerned, to lease withdrawn lands to prevent drainage of oil and gas 

resources. 

Section 106 directs the Secretary concerned to take necessary 

precautions to prevent, and actions to suppress, brush and range 

fires resulting from military activities on the withdrawn lands. 

Section 107 requires the Secretary concerned to maintain, to the 

extent funds are available, a program of decontamination of contamination caused by defense-related uses of the withdrawn lands. 

Section 108 provides that the Act neither establishes new federal 

water rights on the withdrawn land nor affects existing federal 

water rights. 


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Section 109 applies section 2671 of title 10, United States Code 

(relating to hunting, fishing, and trapping on military installations) 

to lands withdrawn by title II. 

Section 110 requires withdrawals made by title II to be extended 

or renewed by further legislation. 

Section 111 requires the Secretary concerned to notify the Secretary of the Interior if the Secretary concerned if a withdrawal 

needs to be renewed at least 5 years before the expiration of the 

withdrawals made by title II. 

Section 112 provides that lands withdrawn by title II shall not 

be open to appropriation under the public land laws, mining laws, 

and mineral leasing laws after the withdrawal expires unless the 

Secretary of the Interior, by order, restores them to the public domain and opens them for appropriation. 

Section 113 authorizes the Secretary concerned to relinquish 

lands withdrawn under title II. 

Section 114 holds harmless the United States and its officers and 

employees for liabilities resulting from nondefense-related activities 

on the lands withdrawn by title II. 

TITLE II—MILITARY LAND WITHDRAWALS 

Section 201(a) withdraws and reserves for the China Lake Naval 

Air Weapons Station 1,045,000 acres of public land in California for 

use as an air weapons range and for other purposes. Subsection (b) 

provides for the management the withdrawn lands. Subsection (c) 

terminates prior withdrawals. Subsection (d) terminates the withdrawal made by subsection (a) on March 31, 2039. 

Section 202(a) withdraws and reserves for the Limestone Hills 

Training Area 18,644 acres of public land in Montana for military 

training and other purposes. Subsection (b) provides for the management the withdrawn lands. Subsection (c) provides special rules 

governing minerals management. Subsection (d) directs the Secretary of the Interior to manage grazing on the withdrawn lands. 

Subsection (e) terminates the withdrawal made by subsection (a) 

on March 31, 2039. 

Section 203(a) withdraws and reserves for the Chocolate Mountain Aerial Gunnery Range 228,324 acres of public land in California for aerial bombing, missile testing, and other purposes. Subsection (b) provides for the management the withdrawn lands. Subsection (c) forecloses public access and other uses of the withdrawn 

land, notwithstanding section 103. Subsection (d) terminates the 

withdrawal made by subsection (a) on March 31, 2039. 

Section 204(a) withdraws and reserves for the Twentynine Palms 

Marine Corps Air Ground Combat Center 151,928 acres of public 

land in California for training large-scale Marine air ground task 

forces and other purposes. Subsection (b) provides for the management the withdrawn lands. Subsection (c) terminates the withdrawal made by subsection (a) on March 31, 2039. 

Section 205 withdraws and reserves 5,100 acres of public land in 

New Mexico for the White Sands Missile Range and 37,600 acres 

of public land in New Mexico for Fort Bliss. 


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COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

S. 1309—Military Land Withdrawals Act of 2013 

S. 1309 would require the Secretary of the Interior to withdraw 

1.5 million acres of federal land in the western United States from 

the operation of certain public land laws, including laws that authorize mineral development and grazing on such lands. Those 

lands would be used for military purposes. The bill also would require the Secretary of the Army to transfer administrative jurisdiction over 2,000 acres of land in New Mexico to the Department of 

the Interior. In addition, the bill would add 40,000 acres to the 

Johnson Valley Off-Highway Vehicle Area in California. 

CBO estimates that implementing the legislation would have no 

significant impact on the federal budget. Pay-as-you-go procedures 

do not apply because the legislation would not affect direct spending or revenues. Nearly all of the provisions of S. 1309 were enacted in Public Law 113–66, the National Defense Authorization 

Act of 2014. 

S. 1309 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Peter H. Fontaine, Assistant Director for 

Budget Analysis. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 1309. 

The bill is not a regulatory measure in the sense of imposing 

Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 1309, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1309, as reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of the Army, the Department of the Navy, and Bureau of Land Management at the 

July 30, 2013, Subcommittee on Public Lands, Forests, and Mining 

hearing on S. 1309 follows: 


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STATEMENT OF THE HONORABLE KATHERINE G. HAMMACK, 

ASSISTANT SECRETARY OF THE ARMY (INSTALLATIONS, 

ENERGY, AND ENVIRONMENT) 

Thank you, Chairman Manchin, Ranking Member Barrasso and other distinguished Members of the Committee 

for the opportunity to provide comments on S. 1169, legislation to withdraw public lands in Montana for use by the 

Army, and S. 753, legislation to withdraw public lands in 

New Mexico. 

LIMESTONE HILLS TRAINING AREA WITHDRAWAL ACT OF 2013

Senate Bill 1169, the Limestone Hills Training Area 

Withdrawal Act, would withdraw and reserve approximately 18,644 acres of federal land that comprises the 

Limestone Hills Training Area (LHTA) for use by the 

Army, and assign primary management of the property 

from the Department of the Interior to the Department of 

the Army for a 25-year period. 

The lands comprising the LHTA are public domain 

lands, currently under the control of the Bureau of Land 

Management (BLM). The legislation would enable continued training on the land by the Montana National Guard 

(MTNG) and other active and reserve components of the 

armed forces that have used the property for training purposes for several decades. In order for the Army to continue occupying the property, the land must be ‘‘withdrawn from the public domain,’’ which can only be accomplished by an Act of Congress. Unless legislation is passed, 

the Army’s current authority to use the property will end 

in March 2014. 

The LHTA is operated by the MTNG and is their only 

large-scale live fire and maneuver training area. It is a 

critically important training asset for the MTNG, used by 

approximately 3,800 Guardsmen annually, for diverse 

training involving small arms, crew-served weapons, mortars, and demolition activities. The LHTA represents a realistic, open training environment within a reasonable 

travel distance for most Guardsmen and for equipment, 

which is maintained off site. This regional training asset 

allows us to avoid the expenditures of time, money, and 

fuel that would result if training had to be located elsewhere. 

The LHTA is also used by the active and reserve components of the other branches of the military and is made 

available in some cases for use by other federal, state, and 

local agencies. Some 10,000 personnel from other services 

use the site each year. Many of those personnel are from 

special operations units who are preparing for rotations in 

Afghanistan and other forward locations. The LHTA is especially valuable because of the variety of training conducted there, which is reflected in the number and diversity of organizations that train there. 

There are a number of other, non-federal activities that 

occur at the LHTA, and the Army is respectful of the mulVerDate Mar 15 2010 05:41 May 20, 2014 Jkt 039010 PO 00000 Frm 00021 Fmt 6659 Sfmt 6969 E:\HR\OC\SR161.XXX SR161

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tiple uses of the property. We are particularly proud of the 

collaborative relationship among the MTNG, the BLM, and 

the other stakeholders in the area. The Army closely coordinates with the operators of an active limestone mine 

within the withdrawal area. The Army firmly supports allowing existing mining claims to proceed to development in 

accordance with previously approved plans of operations, 

and we are confident this can occur. The MTNG plans meticulously to ensure that training and mining operations 

are held at a safe distance, and that any unexploded ordnance (UXO) is removed from the mining area. Training 

activities are also deconflicted with grazing operations, 

wildlife habitat, and use of two public roads that traverse 

the property. There is a proven track record of accommodating multiple uses of the property while fulfilling military training and mission needs. 

The MTNG is party to an existing agreement with the 

BLM and with Graymont Western US, Inc., the current 

mine operator. This agreement specifies the procedures 

that the parties follow to coordinate and deconflict their 

respective activities. As provided for in the legislation, the 

Army is prepared to enter into a new agreement to update 

those procedures during the withdrawal period. We do not 

foresee any difficulty in maintaining procedures to ensure 

that training and readiness are maintained while accommodating the needs of other parties. 

While the Army supports withdrawal of the property to 

enable its continued use for military training, the Army 

has significant concerns with certain language in the bill 

that would legislatively expand certain rights for mineral 

disposition or exploration. The Army opposes inclusion of 

Subsection 4(a)(3), which would provide an opportunity for 

certain mining claimants to amend or relocate mining 

claims and to reinstate expired claims. This provision 

would give unprecedented latitude to these claimants, 

which could impact land required for military training—including live fire impact areas. This would severely limit 

the ability of the Army to plan and conduct training on the 

property. The Army supports allowing existing mining 

claims to proceed to development in accordance with previously approved plans of operations and in accordance 

with applicable law and regulation. However, the Army 

strongly objects to this Subsection as it would grant particular mining claimants the ability to operate without regard for the withdrawal and reservation. There is no clear 

precedent for this provision, which stands in opposition to 

the normal purpose and effect of military land withdrawals. By granting unique privileges to certain mining 

claimants, this provision is also contrary to the normal operation of mining laws and regulations, which provide 

equal treatment for all claimants who are similarly situated. 

The LHTA is an important asset for the readiness of the 

armed forces. If the land is not withdrawn, Limestone 

Hills will be returned to the BLM and the MTNG would 


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be forced to conduct its primary training events at other 

locations. Changing training venues could markedly increase the costs to the MTNG over current expenditures. 

Additionally, UXO contamination would need to be mitigated if the range were closed. Since funding for UXO removal from active ranges is controlled and prioritized differently from funding for cleanup of closed ranges, if the 

range is closed, Army priorities and schedules for UXO removal would be affected. We appreciate the effort to keep 

this important training asset open and available. 

Noting the strong objection to Subsection 4(a)(3), we 

support S. 1169 with the exclusion of that provision. The 

Department of Defense has submitted a legislative proposal to the Congress for consideration that would also address the withdrawal requirements for LHTA. The proposal, introduced as S. 1309, is fully coordinated and 

agreed to within the Administration, and would provide 

urgent and necessary authority to continue training and 

operations. 

S. 753, A BILL TO PROVIDE FOR NATIONAL SECURITY BENEFITS

FOR WHITE SANDS MISSILE RANGE AND FORT BLISS

The other legislation I would like to discuss is S. 753, 

which involves the withdrawal of 42,700 acres of public 

lands in New Mexico and reservation of 5,100 of those 

acres for use by the Department of the Army. The bill 

would also transfer administration of 2,050 acres from the 

Army to the Department of Interior. These lands are directly adjacent to Fort Bliss and the White Sands Missile 

Range (WSMR). As the two largest military installations 

in the United States, Fort Bliss and WSMR consist of 

nearly 5,000 square miles of land that accommodates military training, research, development, and test and evaluation. In addition to Army test activities, WSMR hosts several other federal tenants, including NASA and the National Reconnaissance Office (NRO). 

A portion of the withdrawal, totaling 37,600 acres, is adjacent to the Dona Ana tank gunnery and artillery range 

complex at Fort Bliss. Training in this location can generate significant noise, vibration, and dust, which can all 

migrate off the installation. Army analysis has determined 

that noise levels occurring in the area to be withdrawn are 

higher than is recommended for various categories of use 

and development. The Army is concerned that residential 

and commercial development may occur in that area. The 

legislation would ensure that incompatible development 

does not occur in that area. In doing so, the legislation 

would establish an enduring buffer for the live-fire ranges 

in the Dona Ana training area. 

A separate 5,100 acre portion of the land that would be 

withdrawn by this legislation is adjacent to tenant operations at WSMR: the NASA White Sands Test Facility; the 

NASA Goddard Space Flight Center Tracking and Data 

Relay Satellite Systems facility; and the NRO Aerospace 

Data Facility—Southwest. These operations are co-located 


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and have special security and safety requirements. The 

land set aside for their use, while large enough to handle 

the mission, no longer resides in a remote location. As with 

many locations in the southwest, this area has seen a 

large increase in population in recent years. The facilities 

sit close to the border of a public access area, and a number of security incidents in the area have highlighted the 

value of having a controlled stand-off area. This legislation 

would reserve for military control a one-mile stand-off area 

between those tenant activities and the public access area, 

which would improve the security for these facilities. 

The bill would also return administration of a small area 

at Fort Bliss from the Department of the Army to the Department of the Interior. The 2,050 acre parcel, previously 

withdrawn for military use, would be transferred to the 

BLM. This parcel has relatively limited training value for 

Fort Bliss due to its limited access from the installation. 

The Army does not object to the return of this land to 

BLM, but we offer one technical comment on the provision. 

Since the parcel was originally withdrawn by Public Land 

Order 833, a partial legislative revocation of that Public 

Land Order would ensure a clear interpretation of congressional intent. 

The Army has worked cooperatively with the Bureau of 

Land Management and other neighbors and stakeholders 

in addressing land use issues in this area. We appreciate 

the cooperation and interest of all parties who support the 

various missions at Fort Bliss and WSMR. The Army supports this legislation, which would protect those important 

national security missions. 

Thank you for the opportunity to discuss these topics, I 

look forward to any questions you have. 

STATEMENT OF ROGER M. NATSUHARA, ACTING ASSISTANT

SECRETARY OF NAVY (ENERGY, INSTALLATIONS, AND EN- VIRONMENT) 

Chairman Manchin, Ranking Member Barrasso, and 

members of the Subcommittee, I am pleased to appear before you today to discuss the continuing need for the Department of the Navy’s land withdrawals in the Southwest. 

A number of Department of Navy installations are located wholly or partially on public lands that have been 

withdrawn from the public domain for military purposes. 

Since the passage of the Engle Act, such military land 

withdrawals exceeding 5,000 acres must be authorized in 

statute. The military land withdrawals for Naval Air 

Weapons Station, China Lake and the Chocolate Mountain 

Aerial Gunnery Range expire next year and can only be renewed by an Act of Congress. China Lake supports the 

Navy’s research, development, acquisition, testing and 

evaluation of cutting edge weapons systems for the 

warfighter. It consists of over 1.1 million acres of land of 

which over 90 percent are withdrawn public lands. The installation supports approximately 9000 hours of aircraft 


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and weapons training annually and is of critical importance in maintaining national military readiness. The Department has no viable alternative location where it can 

perform the testing, training and operations that are conducted at China Lake. 

The aerial gunnery range located in the Chocolate 

Mountains consists of about 459,000 acres of which approximately 227,000 acres are withdrawn public lands. 

The range supports Marine Corps, Navy, and Air Force 

aircrew training in air combat maneuvering and tactics; 

airborne laser system operations; air-to-air gunnery and 

air-to-ground bombing, rocketry, and strafing. The range is 

the primary range for the Marine Corps’ advanced aviation 

tactics school, serves east coast Marine aviation units by 

providing capability not available on the east coast, and is 

the primary ‘‘backyard’’ range for the 3rd Marine Aircraft 

Wing. Navy Special Warfare units also use this gunnery 

range to conduct ground combat training. 

In addition to the renewal of existing military land withdrawals at China Lake and the Chocolate Mountains, the 

Department of Navy requests a new land withdrawal at 

Marine Corps Air Ground Combat Center in Twenty-nine 

Palms, CA to meet current and future training requirements. Although ground operations are winding down in 

Afghanistan, the world is still a very uncertain place, with 

the threat environment only growing more complex. As the 

Nation’s premier ‘‘first responders’’ in conflict, the Marine 

Corps must remain nimble and flexible enough to engage 

the enemy with the appropriately sized and right mix of 

forces on the battlefield. 

This withdrawal is required to expand the existing training environment and provide sufficient maneuver area, 

both land and airspace, to conduct sustained, combined 

arms, live-fire and maneuver field training for Marine Expeditionary Brigade (MEB)-sized Marine Air Ground Task 

Forces (MAGTF). A MEB—the primary forcible entry contingency response force—consists of three battalion task 

forces and associated command, aviation, and combat logistics support elements. 

MEBs must be capable of performing a variety of missions throughout the spectrum of conflict because they will 

encounter complex situations containing asymmetric 

threats, nonlinear battlefields, and unclear delineation between combatants and noncombatants. To overcome these 

challenges and operate effectively, MEBs must train in a 

realistic setting, which the current installation configuration cannot provide. Twenty-nine Palms, established in the 

1950s and sized for the weapons and tactics of the time, 

is simply not big enough to accommodate the way the Marine Corps must train to fight today’s battles. 

To accomplish this, the Department intends to purchase 

private and state lands adjacent to the Combat Center, 

pursue the establishment and modification of Special Use 

Airspace through the Federal Aviation Administration and 

request a military land withdrawal of additional public 


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lands. Because of the amount of acreage being requested, 

this land withdrawal also requires an Act of Congress. We 

recognize the public’s keen interest in retaining access to 

Johnson Valley for recreational purposes. Our land withdrawal request—developed through public input—preserves public access to Johnson Valley, the area prized by 

the off-highway vehicle recreation enthusiasts due to its 

unique terrain features. Our withdrawal request represents a reasonable solution for preserving public access 

while providing space for required military training. 

As required by the current law, the Department has 

worked with the Department of Interior, the Bureau of 

Land Management, and the Federal Aviation Administration in preparation for these withdrawals over the last several years. The Administration has submitted a legislative 

proposal through which these land withdrawals would be 

enacted as part of Fiscal Year 2014 National Defense Authorization Act. 

The need to enact legislation and authorize these withdrawals is urgent. As our Department of Defense colleagues have stated in previous testimony earlier this 

year, the consequences of failing to enact withdrawal legislation could, in some of these instances, cause severe impacts on DOD and the military Services if we are forced 

to stop training and testing. In all cases, DOD has a compelling need for the withdrawn land in order to successfully conduct its testing, training, missions and operations 

with the capabilities and competence that it must maintain. 

Our Nation’s Navy and Marine Corps operate globally, 

which includes having the ability to project power, effect 

deterrence, and provide humanitarian aid whenever and 

wherever needed to protect the interests of the United 

States. To do this, however, requires forces who train as 

they would fight and weapons that deliver as promised. 

We ask for your support in giving our men and women 

what they need to prevail. I look forward to working with 

you to sustain the war fighting readiness and quality of 

life for the most formidable expeditionary fighting force in 

the world. Thank you for the opportunity to testify before 

you today and I welcome your questions. 

STATEMENT OF NED FARQUHAR, DEPUTY ASSISTANT SECRETARY, LAND AND MINERALS MANAGEMENT, DEPARTMENT OF THE INTERIOR

Thank you for the opportunity to present testimony on 

three public land withdrawal bills, S. 753, S. 1169, and S. 

1309. S. 753 seeks to achieve boundary solutions at White 

Sands Missile Range (WSMR) and Fort Bliss in New Mexico. The Administration supports S. 753, but would like to 

work with the Subcommittee and the sponsor on technical 

modifications to the bill. S. 1169, the Limestone Hills 

Training Area Withdrawal Act, would withdraw approximately 18,644 acres of public land for use by the Department of the Army (Army) in Montana. The Administration 


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supports the continued use of the lands identified in S. 

1169 by the Army, but has concerns with the provision related to the location and maintenance of mining claims. 

We look forward to working with the Subcommittee and 

the sponsor on modifications to address these concerns. S. 

1309, the Military Land Withdrawals Act, was introduced 

at the Administration’s request. The bill reflects the Administration’s FY 2014 National Defense Authorization Act 

(NDAA) legislative proposal for three public land withdrawals in California and one in Montana. The Administration urges the Senate to pass S. 1309 to support military use of the lands at Chocolate Mountain Aerial Gunnery Range (CMAGR), Naval Air Weapons Station 

(NAWS) China Lake, Marine Corps Air Ground Combat 

Center (MCAGCC) Twentynine Palms, and Limestone 

Hills Training Area. 

BACKGROUND

Public lands are managed by the Department of the Interior (DOI) through the Bureau of Land Management 

(BLM). Public land withdrawals are formal lands actions 

that set aside, withhold, or reserve public land by statute 

or administrative order for public purposes. Withdrawals 

are established for a wide variety of purposes, e.g., power 

site reserves, military reservations, administrative sites, 

recreation sites, national parks, reclamation projects, and 

wilderness areas. Withdrawals are most often used to preserve sensitive environmental values and major Federal 

investments in facilities or other improvements, to support 

national security, and to provide for public health and 

safety. Withdrawals of public lands for military use require joint actions by DOI and the Department of Defense 

(DOD). DOD has a number of installations, training areas, 

and ranges that are located partially or wholly on temporarily or permanently withdrawn public lands. Many of 

these withdrawals support installations that are critical to 

the nation’s ability to provide for the readiness of the 

Armed Forces. Approximately 16 million acres of public 

lands are withdrawn for military purposes. 

There was no limit on the amount of public land that 

could be withdrawn administratively at a single location 

for military use until 1958 when the Engle Act (P.L. 85– 

337) became law. The Engle Act requires an Act of Congress to authorize military land withdrawals aggregating 

5,000 acres or more for any one defense project or facility. 

Similarly, there was no limit on the time period of administrative withdrawals until 1976 when the Federal Land 

Policy and Management Act (FLPMA) (P.L. 94–579) became law. FLPMA allows the Secretary of the Interior to 

administratively make withdrawals aggregating 5,000 

acres or more for purposes other than military use, for a 

period of not more than 20 years. Legislative military 

withdrawals have traditionally included time limits, with 

renewal required every 15, 20, or 25 years, depending on 

the terms in the legislation. 


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DOI appreciates the importance of military installations 

for the security of the Nation and supports the multiple 

missions of our Armed Forces. We are proud to be able to 

offer public lands to support military readiness, training, 

and testing, and are proud to be able to assist the military 

in meeting its mission needs. Throughout the country we 

have established productive partnerships and other working arrangements with the military and we intend to continue these mutually beneficial arrangements. We are especially appreciative of the military’s stewardship of the 

withdrawn lands they manage. These arrangements have 

worked out well for all concerned and should continue. 

The Administration believes that the traditional, periodic review that is a part of the legislative withdrawal 

process is vital to promoting the highest quality stewardship and management of the public lands proposed for 

withdrawal in these bills. This process provides opportunities for DOD and the military branches to evaluate their 

continued use of the lands and obtain the participation 

and assistance of DOI in sound management, for DOI to 

ensure that the lands are being managed in ways that 

could allow their eventual return to the public domain for 

broader public use, and for the Congress and the public to 

provide input and oversight. 

S. 753, BOUNDARY SOLUTIONS AT WHITE SANDS MISSILE

RANGE (WSMR) AND FORT BLISS

WSMR is a test range of approximately 2.2 million acres 

in parts of five counties in southern New Mexico, making 

it one of the largest military installations in the United 

States. WSMR is contiguous to Fort Bliss to the south, 

which is used for military training. The majority of the 

lands that comprise both WSMR and Fort Bliss, over 2.4 

million acres, are public lands withdrawn and reserved for 

the use of the Army under Public Land Order (PLO) 833 

and by Public Law 106–65. 

S. 753 seeks to achieve boundary solutions at WSMR 

and Fort Bliss. First, the bill would withdraw and reserve 

approximately 5,100 additional acres for use by the Army 

at WSMR, to allow for an additional buffer area between 

the current public access areas and operations of several 

WSMR tenants, such as the NASA White Sands Test Facility and the NASA Goddard Space Flight Center Tracking and Data Relay Satellite Systems Facility. The Administration supports the goal of allowing the use of the lands 

by the Army. However, these lands receive significant public use, mainly in the form of hunting and livestock grazing. Because the introduced bill does not address grazing, 

the reduction in the existing grazing permit and removal 

of any authorized range improvements within these lands 

would be carried out in accordance with BLM’s grazing 

regulations at 43 C.F.R. Part 4100. 

S. 753 would also withdraw approximately 37,600 acres 

of public lands from the operation of certain public land 

laws, in order to establish a zone to buffer the noise, dust 


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and vibrations from the live fire training activities on the 

adjoining Dona Ana tank gunnery and artillery range complex at Fort Bliss. These lands would remain under the 

full management of the Department of the Interior, but 

they would be withdrawn from the public land laws, the 

mining laws, and the mineral leasing, mineral materials, 

and geothermal leasing laws. The Administration supports 

the withdrawal of these lands, consistent with a similar 

provision included in the Administration’s FY 2014 NDAA 

legislative proposal. 

Additionally, S. 753 would transfer to the Secretary of 

the Interior administrative jurisdiction over approximately 

2,050 acres of public lands previously withdrawn and reserved for the Army’s use under PLO 833. The lands are 

part of an area known as Filmore Canyon, and are adjacent on two sides to the BLM’s Organ Mountains Area of 

Critical Environmental Concern (ACEC). Filmore Canyon 

is adjacent to the community of Las Cruces and includes 

hunting opportunities and scenic lands that are popular 

for year-round hiking. The BLM manages the Organ 

Mountains ACEC for significant scenic values and endangered wildlife species, and the ACEC contains cultural 

sites eligible for listing on the National Register of Historic 

Places. The Administration supports the return of these 

lands to full management by the Department of the Interior as part of a cohesive boundary solution at WSMR and 

Fort Bliss. We would like to work with the Subcommittee 

and the sponsor on technical modifications. 

S. 1169, LIMESTONE HILLS TRAINING AREA WITHDRAWAL ACT

The Limestone Hills Training Area consists of 18,644 

acres of public lands in Broadwater County, Montana that 

have been used for military training since the 1950s. In 

1984, the BLM issued the Army a right-of-way formally 

permitting use of the training area for military purposes. 

The current right-of-way expires on March 26, 2014. The 

Montana Army National Guard is the primary DOD user 

of the training area, which is also used by reserve and active components from all branches of the military services 

for live fire, mounted and dismounted maneuver training, 

and aviation training. The withdrawal of the Limestone 

Hills Training area is necessary because the BLM has determined that it no longer has the authority to permit the 

use of the lands for military maneuvers under a right-ofway instrument. 

S. 1169 would withdraw and assign general management of the training area to the Army, but would keep 

management of grazing and mineral resources with the 

BLM. This arrangement is consistent with the Administration’s FY 2014 NDAA legislative proposal, and the Administration supports the goal of allowing the use of the lands 

by the Army under a withdrawal and reservation. However, the introduced bill contains a provision related to the 

location and maintenance of mining claims that is at odds 


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with the Administration’s legislative proposal, and with 

which the Administration has concerns. 

Section 4 of S. 1169 would legislatively expand certain 

rights for mineral disposition or exploration. It would set 

a new precedent for public land withdrawals by allowing 

the opportunity to cure discrepancies in the original location or the failure to maintain several hundred mining 

claims in the Indian Creek mine area for the duration of 

the withdrawal. The legislative language could be interpreted to allow mining claimants to take in new land 

under existing claims, which could impact land required 

for military training—including live fire impact areas. By 

granting unique privileges to certain mining claimants, 

this provision is contrary to the normal operation of mining laws and regulations, which provide equal treatment 

for all claimants who are similarly situated. The Administration looks forward to working with the Subcommittee 

and the sponsor on modifications to address these concerns 

and on more technical changes to incorporate general provisions from the FY 2014 NDAA legislative proposal. 

S. 1309, THE MILITARY LAND WITHDRAWALS ACT

S. 1309, the Military Land Withdrawals Act, represents 

the Administration’s legislative proposal to enact four public land withdrawals as part of the FY 2014 NDAA. This 

proposal was jointly prepared by DOD and DOI and represents extensive discussions and consensus building between the two agencies to achieve common goals. Presently, the two existing withdrawals for NAWS China Lake, 

California, and CMAGR, California, enacted in the California Military Lands Withdrawal and Overflights Act of 

1994 (1994 California Act) (P.L. 103–433), will expire on 

October 31, 2014. Additionally, the Marine Corps seeks a 

new withdrawal of public lands at MCAGCC Twentynine 

Palms, California, to expand its training areas to support 

increased requirements. Finally, the Army needs to convert its use of public lands at the Montana Army National 

Guard, Limestone Hills Training Area, from a BLM issued 

right-of-way to a legislative withdrawal. 

Unlike prior legislative withdrawals which were uncodified, stand-alone provisions of law, the withdrawals made 

under S. 1309 would be codified in a new chapter of title 

10, United States Code. This would make the withdrawal 

process substantially more efficient for both the Executive 

and Legislative branches by providing commonality among 

the withdrawal provisions, placing them in a location that 

is easy to find and refer to, and, if used for future withdrawals, reducing the need to reconsider and revise 

‘‘boilerplate’’ provisions with each proposal. Also, this codification would allow changes to withdrawal provisions 

without having to wait the decades that might pass before 

the next withdrawal took place. This new flexibility would 

greatly aid the ability of DOD, DOI, and Congress to 

soundly manage withdrawn lands. 


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S. 1309 includes many general provisions applicable to 

all four of the withdrawals. Among these are provisions 

for: the development of maps and legal descriptions; access 

restrictions; changes in use; authorizations for non-defense-related uses; management of range and brush fire 

prevention and suppression; on-going decontamination; 

water rights; hunting, fishing, and trapping; limitations on 

extensions and renewals; application for renewal; limitation on subsequent availability of lands for appropriation; 

relinquishment; interchanges and transfers of Federal 

lands; delegability of certain responsibilities by the Secretary of the Interior; and immunity of the United States. 

Most of these general provisions are similar, if not identical, to previously applied provisions in existing withdrawal statutes. 

The interchanges and transfers provision is included to 

address boundary management issues involving both withdrawn public lands and acquired real property. For example, there is a need for boundary adjustment on the northern side of CMAGR to address uncertainties and resource 

management conflicts associated with the BLM-managed 

Bradshaw Trail. The Bradshaw Trail is popular with offhighway vehicle users, and is, in part, maintained by the 

local government, in coordination with the BLM. However, 

the trailhead and some of the trail’s length currently 

crosses acquired real property administered by the Department of the Navy (Navy) and the Marine Corps. In the 

case of the expansion of MCAGCC Twentynine Palms, the 

Navy will likely seek to purchase various inholdings within the proposed withdrawal boundary. It could be beneficial to both departments if these inholdings could be converted, by interchange or transfer, to BLM public lands. In 

any case, the interchange provision is limited to acre-foracre in order to avoid expanding the footprint of DOD 

lands. The transfer provision is limited to the Engle Act 

5,000 acre limit (total) for any one installation over the 25- 

year life of the withdrawal. These provisions are designed 

to allow for small administrative adjustments to promote 

sound land management without impinging upon the role 

of Congress in managing Federal lands. 

Naval Air Weapons Station (NAWS) China Lake, California 

NAWS China Lake consists of over 1.1 million acres of 

land in Inyo, Kern, and San Bernardino Counties, California, of which 92 percent are withdrawn public lands. 

Under a Memorandum of Understanding between the 

Navy and DOI, the Commanding Officer of NAWS China 

Lake is responsible for managing the withdrawn land. The 

installation is home to approximately 4,300 DOD personnel and its primary tenant is the Naval Air Warfare 

Center Weapons Division. The current 20-year legislative 

withdrawal expires on October 31, 2014. 

The 25-year renewal included in S. 1309 is modeled on 

the current successful management scheme instituted as 


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part of the 1994 California Act, which allows the DOD and 

DOI to combine their unique capabilities and assets for the 

benefit of the resources and the public by cooperatively 

managing natural and cultural resources, recreational resources, grazing, wild horses and burros, and geothermal 

resources. For example, the Navy manages the wild horses 

and burros on-the-ground at NAWS China Lake and the 

BLM manages the gathering, holding and adoption of the 

animals. In addition, the BLM and NAWS China Lake 

have a unique agreement to collaboratively produce geothermal energy at the installation, which currently produces over 150 megawatts of power. 

Chocolate Mountain Aerial Gunnery Range (CMAGR), 

California 

The CMAGR was established in 1941. The range consists of about 459,000 acres in Imperial and Riverside 

Counties, California, of which approximately 227,000 acres 

are withdrawn public lands under the co-management of 

the Marine Corps and the BLM. The remaining lands are 

under the administrative jurisdiction of the Department of 

the Navy. The two sets of lands form a checkerboard pattern of administrative jurisdiction. The Marine Corps primarily uses the lands for aviation weapons training, including precision guided munitions and Naval Special 

Warfare training. The current 20-year withdrawal is set to 

expire on October 31, 2014. 

S. 1309 provides for a 25-year renewal and would allow 

the BLM and Navy to institute the same type of cooperative management that has been successful at China Lake. 

The Chocolate Mountain range is home to a number of 

species such as desert tortoise and big horn sheep, and 

contains a wide range of archeological resources. 

Marine Corps Air Ground Combat Center (MCAGCC) 

Twentynine Palms, California 

MCAGCC Twentynine Palms currently consists of 

596,000 acres of land in San Bernardino County, California. In 1959, approximately 443,000 of those total acres 

were administratively withdrawn and reserved for the use 

of the Navy under PLO 1860. DOD is now seeking to expand this installation with the withdrawal of approximately 154,000 acres of public lands adjacent to MCAGCC. 

The added training lands would create a training area of 

sufficient size with characteristics suitable for the Marine 

Corps to conduct Marine Expeditionary Brigade (MEB) 

level training. MEB training requires sustained, combinedarms, live-fire and maneuver training of three Marine battalions with all of their associated equipment moving simultaneously toward a single objective over a 72-hour period. 

S. 1309 meets the important training needs of the Marines, and, recognizing that there will be impacts to public 

access, also includes a unique management structure to 

mitigate some of the loss of access to lands popularly used 


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for off-highway vehicle (OHV) recreation. The bill provides 

for continued, year-round public access to the western 

third of the Johnson Valley OHV area. In addition, a 

shared use area of about 43,000 acres of the withdrawn 

lands would be available for OHV use for ten months out 

of the year, when there is no active military training. 

Limestone Hills Training Area, Montana 

As previously stated, the legislative withdrawal of the 

Limestone Hills Training area is necessary because the 

BLM has determined that it no longer has the authority 

to permit the use of the lands for military maneuvers 

under a right-of-way instrument. Under S. 1309, general 

management of the training area would be assigned to the 

Army, but the BLM would retain management of grazing 

and mineral resources for the lands withdrawn and reserved. 

CONCLUSION

Thank you for inviting our testimony on S. 753, S. 1169, 

and S. 1309. The Department of the Interior, which has always been part of the Nation’s national defense team, is 

committed to supporting military missions and training 

needs, while protecting natural resources and other traditional uses of the public lands. I would be happy to answer 

your questions. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by S. 1309 as ordered reported. 

Æ 


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