29–006 

113TH CONGRESS REPT. 113–123 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

JOHNSON VALLEY NATIONAL OFF-HIGHWAY VEHICLE 

RECREATION AREA ESTABLISHMENT ACT 

JUNE 24, 2013.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 1676] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 1676) to designate the Johnson Valley National Off-Highway Vehicle Recreation Area in San Bernardino County, California, 

to authorize limited military use of the area, to provide for the 

transfer of the Southern Study Area to the administrative jurisdiction of the Secretary of the Navy for inclusion in the Marine Corps 

Air Ground Combat Center Twentynine Palms, and by recreational 

users, and for other purposes, having considered the same, report 

favorably thereon with an amendment and recommend that the bill 

as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Johnson Valley National Off-Highway Vehicle 

Recreation Area Establishment Act’’. 

SEC. 2. DESIGNATION OF JOHNSON VALLEY NATIONAL OFF-HIGHWAY VEHICLE RECREATION 

AREA. 

(a) DESIGNATION.—The approximately 188,000 acres of public land and interests 

in land administered by the Secretary of the Interior through the Bureau of Land 

Management in San Bernardino County, California, as generally depicted as the 

‘‘Johnson Valley Off-Highway Vehicle Recreation Area’’ on the map titled ‘‘Johnson 

Valley National Off-Highway Vehicle Recreation Area and Transfer of the Southern 

Study Area’’ and dated April 11, 2013, are hereby designated as the ‘‘Johnson Valley 

National Off-Highway Vehicle Recreation Area’’. 

(b) RECREATIONAL AND CONSERVATION USE.—The Johnson Valley National OffHighway Vehicle Recreation Area is designated for the following purposes: 

(1) Public recreation (including off-highway vehicle use, camping, and hiking) 

when the lands are not used for military training as authorized by section 3. 


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(2) Natural resources conservation. 

(c) WITHDRAWAL.—The public land and interests in land included in the Johnson 

Valley National Off-Highway Vehicle Recreation Area are hereby withdrawn from 

all forms of appropriation under the public land laws, including the mining laws and 

the mineral leasing and geothermal leasing laws. 

(d) TREATMENT OF EXISTING RIGHTS.—The designation of the Johnson Valley National Off-Highway Vehicle Recreation Area and the withdrawal of the public land 

and interests in land included in the Recreation Area are subject to valid existing 

rights. 

SEC. 3. LIMITED BIANNUAL MARINE CORPS AIR GROUND COMBAT CENTER TWENTYNINE 

PALMS USE OF JOHNSON VALLEY NATIONAL OFF-HIGHWAY VEHICLE RECREATION 

AREA. 

(a) USE FOR MILITARY PURPOSES AUTHORIZED.—Subject to subsection (b), the Secretary of the Interior shall authorize the Secretary of the Navy to utilize portions 

of Johnson Valley National Off-Highway Vehicle Recreation Area twice in each calendar year for up to a total of 60 days per year for the following purposes: 

(1) Sustained, combined arms, live-fire, and maneuver field training for largescale Marine air-ground task forces. 

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

(3) Equipment and tactics development. 

(4) Other defense-related purposes consistent with the purposes specified in 

the preceding paragraphs. 

(b) CONDITIONS ON MILITARY USE.— 

(1) CONSULTATION AND PUBLIC PARTICIPATION REQUIREMENTS.—Before the 

Secretary of the Navy requests the two time periods for military use of the 

Johnson Valley National Off-Highway Vehicle Recreation Area in a calendar 

year, the Secretary of the Navy shall— 

(A) consult with the Secretary of the Interior regarding the best times for 

military use to reduce interference with or interruption of nonmilitary activities authorized by section 2(b); and 

(B) provide for public awareness of and participation in the selection process. 

(2) PUBLIC NOTICE.—The Secretary of the Navy shall provide advance, widespread notice before any closure of public lands for military use under this section. 

(3) PUBLIC SAFETY.—Military use of the Johnson Valley National Off-Highway 

Vehicle Recreation Area during the biannual periods authorized by subsection 

(a) shall be conducted in the presence of sufficient range safety officers to ensure the safety of military personnel and civilians. 

(4) CERTAIN TYPES OF ORDNANCE PROHIBITED.—The Secretary of the Navy 

shall prohibit the use of dud-producing ordnance in any military training conducted under subsection (a). 

(c) IMPLEMENTING AGREEMENT.— 

(1) AGREEMENT REQUIRED; REQUIRED TERMS.—The Secretary of the Interior 

and the Secretary of the Navy shall enter into a written agreement to implement this section. The agreement shall include a provision for periodic review 

of the agreement for its adequacy, effectiveness, and need for revision. 

(2) ADDITIONAL TERMS.—The agreement may provide for— 

(A) the integration of the management plans of the Secretary of the Interior and the Secretary of the Navy; 

(B) 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 of fish and 

wildlife; and 

(C) the sharing of resources in order to most efficiently and effectively 

manage the lands. 

(d) DURATION.—Any agreement for the military use of the Johnson Valley National Off-Highway Vehicle Recreation Area shall terminate not later than March 

31, 2039. 

SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION, SOUTHERN STUDY AREA, MARINE 

CORPS AIR GROUND COMBAT CENTER TWENTYNINE PALMS, CALIFORNIA. 

(a) TRANSFER REQUIRED.—Not later than September 30, 2014, the Secretary of the 

Interior shall transfer, without reimbursement, to the administrative jurisdiction of 

the Secretary of the Navy certain public land administered by the Bureau of Land 

Management consisting of approximately 20,000 acres in San Bernardino County, 

California, as generally depicted as the ‘‘Southern Study Area’’ on the map referred 

to in section 2. 


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(b) USE OF TRANSFERRED LAND.—Upon the receipt of the land under subsection 

(a), the Secretary of the Navy shall include the land as part of the Marine Corps 

Air Ground Combat Center Twentynine Palms, California, and authorize use of the 

land for military purposes. 

(c) LEGAL DESCRIPTION AND MAP.— (1) PREPARATION AND PUBLICATION.—The Secretary of the Interior shall publish in the Federal Register a legal description and map of the public land to 

be transferred under subsection (a). 

(2) FORCE OF LAW.—The legal description and map filed under paragraph (1) 

shall have the same force and effect as if included in this Act, except that the 

Secretary of the Interior may correct clerical and typographical errors in the 

legal description and map. 

(d) REIMBURSEMENT OF COSTS.—The Secretary of the Navy shall reimburse the 

Secretary of the Interior for any costs incurred by the Secretary of the Interior to 

carry out this section. 

SEC. 5. WATER RIGHTS. 

(a) WATER RIGHTS.—Nothing in this Act shall be construed— 

(1) to establish a reservation in favor of the United States with respect to any 

water or water right on lands transferred by this Act; or 

(2) to authorize the appropriation of water on lands transferred by this Act 

except in accordance with applicable State law. 

(b) EFFECT ON PREVIOUSLY ACQUIRED OR RESERVED WATER RIGHTS.—This section 

shall not be construed to affect any water rights acquired or reserved by the United 

States before the date of the enactment of this Act. 

PURPOSE OF THE BILL

The purpose of H.R. 1676, as ordered reported, is to designate 

the Johnson Valley National Off-Highway Vehicle Recreation Area 

in San Bernardino County, California, to authorize limited military 

use of the area, and to provide for the transfer of the Southern 

Study Area to the administrative jurisdiction of the Secretary of 

the Navy for inclusion in the Marine Corps Air Ground Combat 

Center Twentynine Palms, and by recreational users. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 1676 withdraws, subject to valid existing rights, and designates approximately 188,000 acres of Bureau of Land Management (BLM) land in San Bernardino County, California, as the 

Johnson Valley National Off-Highway Vehicle (OHV) Recreation 

Area. In addition to public recreation, the bill allows for limited biannual military training by the U.S. Marine Corps (USMC) for up 

to 60 days per year. The bill also directs the Secretary of the Interior to transfer approximately 20,000 acres of BLM land in San 

Bernardino County, California, to the Secretary of the Navy for inclusion as part of the Marine Corps Air Ground Combat Center 

Twentynine Palms, California. 

Designated as an OHV area under the 1980 Desert Conservation 

Plan, Johnson Valley is the largest OHV recreation area in the 

U.S. and is managed by the BLM. The open area is used yearround by OHV enthusiasts and a myriad of other recreationists. It 

is home to popular King of the Hammers race and numerous 

events that draw thousands of motorized recreation competitors 

and spectators to the area every year, injecting millions of dollars 

into the local economy. 

In 2004, the USMC identified the need to train a brigade-level 

expeditionary force of about 15,000 troops during two months of the 

year and focused on the Twentynine Palms Land Acquisition and 

Airspace Establishment to Support Large-Scale Marine Air Ground 

Task Force Live-Fire and Maneuver Training at the Marine Corps 


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Air Ground Combat Center, in California. Funding for the expansion of the area was included in the appropriations laws for fiscal 

years 2011 and 2012. In 2008, the USMC embarked on a four-year 

environmental impact study which ended in February 2013 with a 

formal request to Congress to withdraw for the USMC’s use approximately 165,000 of the 188,000 acres of the Johnson Valley 

OHV Recreation Area. The preferred alternative called for an approximately 40,000 acre shared-use area, allowing the USMC to 

train using non-dud producing ordinance for two months of the 

year. The shared-use area would remain open for OHV and multiple-use for the remaining 10 months. However, this proposal was 

found to be untenable, contentious and opposed by the OHV community. H.R. 1676 ensures a balanced approach to meet the future 

training needs of the USMC and the continued demand for OHV 

and other recreation in the area, with its subsequent economic benefits. 

COMMITTEE ACTION

H.R. 1676 was introduced on April 23, 2013, by Congressman 

Paul Cook (R–CA). The bill was referred to the Committee on Natural Resources, and within the Committee to the Subcommittee on 

Public Lands and Environmental Regulation. The bill was also referred to the Committee on Armed Services. On April 26, 2013, the 

Subcommittee on Public Lands and Environmental Regulation held 

a hearing on the bill. On May 15, 2013, the Full Natural Resources 

Committee met to consider the bill. The Subcommittee on Public 

Lands and Environmental Regulation was discharged by unanimous consent. Congressman Rob Bishop (R–UT) offered an amendment designated #1 to the bill; the amendment was adopted by 

voice vote. Congressman Raul Grijalva (D–AZ) offered an amendment designated .001 to the bill; the amendment was not adopted 

by voice vote. No further amendments were offered, and the bill, 

as amended, was then adopted and ordered favorably reported to 

the House of Representatives by voice vote. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that Rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 


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H.R. 1676—Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act 

H.R. 1676 would establish the Johnson Valley National Off-Highway Vehicle Recreation Area on approximately 188,000 acres of 

public land in San Bernardino County, California. The legislation 

also would authorize up to two military exercises to be held in the 

recreation area that would not exceed a total of 42 days each year. 

H.R. 1676 also would transfer the administrative jurisdiction for 

about 20,000 acres from the Bureau of Land Management (BLM) 

to the Navy. 

Based on information provided by BLM, CBO estimates that implementing the legislation would have no significant impact on the 

federal budget. BLM currently allows off-highway vehicles to use 

this property, and CBO estimates that implementing the legislation 

would not significantly affect BLM’s operating costs. Enacting H.R. 

1676 would not affect direct spending or revenues; therefore, payas-you-go procedures do not apply. 

H.R. 1676 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 Martin von Gnechten. 

The estimate was approved by Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or 

tax expenditures. Based on information provided by BLM, CBO estimates that implementing the legislation would have no significant impact on the federal budget. BLM currently allows off-highway vehicles to use this property, and CBO estimates that implementing the legislation would not significantly affect BLM’s operating costs. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill, as ordered reported, is to designate the Johnson Valley 

National Off-Highway Vehicle Recreation Area in San Bernardino 

County, California, to authorize limited military use of the area, 

and to provide for the transfer of the Southern Study Area to the 

administrative jurisdiction of the Secretary of the Navy for inclusion in the Marine Corps Air Ground Combat Center Twentynine 

Palms, and by recreational users. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 


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COMPLIANCE WITH H. RES. 5

Directed Rule Making. The Chairman does not believe that this 

bill directs any executive branch official to conduct any specific 

rule-making proceedings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 


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EXCHANGE OF LETTERS 

1t.~. !f{OUSt of mtprtstntatiuts 

<llnmmittu nn Natural ih:gnUrrfJ.l 

BlIg~ingtnn. JBQt 2lTS1S 

June 19.2013 

Honorable Howard "Buck" McKeen 

Chairman, Committee on Armed Services 

House of Representatives 

2120 Rayburn House Office Building 

Washington, D.C. 20515 

Dear Mr. Chairman: 

On May 15,2013, the Committee on Natural Resources ordered reported a slate of 

bills that were ultimately included as part ofH.R. 1960, the National Defense Authorization Act 

for Fiscal Year 2014. These bills were referred primarily to the Committee on Natural 

Resources, with an additional referral to the Committee on Armed Services. 

Specitically, these bills are H.R. 910, Sikes Act Reauthorization Act of20!3; H.R. 1299, 

White Sands Missile Range Security Enhancement Act; H.R. 1672, Limestone Hills Training 

Area Withdrawal Act; H.R. 1673, To provide for the transfer of certain public land currently 

administered by the Bureau of Land Management to the administrative jurisdiction of the 

Secretary of the Navy for inclusion in Naval Air Weapons Station China Lake, California; H.R. 

1676, Johnson Valley National Off-Highway Vehicle Recreation Area Establishment Act; and 

H.R. 1691, Chocolate Mountain Aerial Gunnery Range Transfer Act of2013. 

I ask that you allow the Arnled Services Committee to be discharged from further 

consideration of the bills in order for bill reports to be filed. These discharges in no way affect 

your jurisdiction over the subject matter of the bills, and it will not serve as precedent for future 

referrals. In addition, should a conference on any of the bills be necessary, I would SUppOit your 

request to have the Committee on Armed Services represented on the conference 

committee. Finally, I would be pleased to include this letter and any response in the bill reports 

filed by the Committee on Natural Resources to memorialize our understanding. 

Thank you for yom consideration of my request. 

l$-Ik 

Doc Hastings 

Chairman 
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COMMITfEE ON ARMED SERVICES 

ill.~. ,l!)ouse of l"epresentatiIJcs 

lI]Jl,ls'!lington. lDl/.!: 20313-(l035 

ONE HU~jORfD THIRTEENTH CONGRESS 

Chairman Doc Hastings 

House Committee on Natural Resources 

1324 Longworth House Office Building 

Washington, D.C. 20515 

Dear Chairman Hastings: 

June 19, 20LJ 

Thank you for your letter regarding six bills that were referred primarily to the Committee on Natural 

Resources, with an additional referral to the Committee on Armed Services, and included as part of H.R, 1960, 

the National Defense Authorization Act for Fiscal Year 2014. This includes H.R. 910, Sikes Act Reauthorization 

Act of2013; H.R. 1299, White Sands Missile Range Security Enhancement Act; H,R, 1672, Limestone Hills 

Training Area Withdrawal Act; H,R, 1673, To provide for the transfer of certain public land currently 

administered by the Bureau of Land Management to the administrative jurisdiction of the Secretary of the Navy 

for inclusion in Naval Air Weapons Station China Lake, California; n.R. 1676, Johnson Valley National OffHighway Vehicle Recreation Area Establishment Act; and H.R. 1691, Chocolate Mountain Aerial Gunnery Range 

Transfer Act of2013. 

Our committee recognizes the importance of these bills, and the need for the legislation to move 

expeditiously. Therefore, while we have a valid claim to jurisdiction over these pieces oflegislation, I do not 

intend to request sequential refen"als. By waiving consideration of the bills, the Committee on Anned Services 

does not waive any future jurisdictional claim over the subject malters contained in the bills which fall within its 

Rule X jurisdiction. Further, should a conference on any of the aforementioned bills be necessary, I request that 

the Committee on Armed Services be represented during any conference negotiations. 

Thank you for your attention to these matters. 

cc: The Honorable John A. Boehner 

The Honorable Adam Smith 

The Honorable Edward J. Markey 

The Honorable Thomas J. Wickham, Jr, 

Si~(f?~4 

Chairman 

Howard P. "Buck" McKeon ~ 

o