29–006 

113TH CONGRESS REPT. 113–122 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

NAVAL AIR WEAPONS STATION CHINA LAKE SECURITY 

ENHANCEMENT 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. 1673] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (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, 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 ‘‘Naval Air Weapons Station China Lake Security 

Enhancement Act’’. 

SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION, NAVAL AIR WEAPONS STATION CHINA 

LAKE, CALIFORNIA. 

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

Interior shall transfer to the administrative jurisdiction of the Secretary of the Navy 

certain public land administered by the Bureau of Land Management in Inyo, Kern, 

and San Bernardino Counties, California, consisting of approximately 1,045,000 

acres in Inyo, Kern, and San Bernardino Counties, California, as generally depicted 

on the map titled ‘‘Naval Air Weapons Station China Lake Withdrawal - Renewal’’ 

and dated 2012. 

(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 Naval Air Weapons Station China Lake, California, and authorize use of the land for military purposes. 

(c) LEGAL DESCRIPTION AND MAP.— 


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(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 errors in the legal description and map. 

(d) REIMBURSEMENT OF COSTS.—The transfer required by subsection (a) shall be 

made without reimbursement, except that the Secretary of the Navy shall reimburse 

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

to prepare the legal description and map under subsection (c). 

SEC. 3. 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. 

SEC. 4. WITHDRAWAL. 

Subject to valid existing rights, the public land to be transferred under section 

2 is withdrawn from all forms of appropriation under the public land laws, including 

the mining laws and geothermal leasing laws, so long as the lands remain under 

the administrative jurisdiction of the Secretary of the Army. 

PURPOSE OF THE BILL

The purpose of H.R. 1673, as ordered reported, is 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. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 1673 directs the Secretary of the Interior to transfer approximately 1,030,000 acres of Bureau of Land Management land 

in Inyo, Kern and San Bernardino Counties, California to the Secretary of the Navy for the Naval Air Weapons Station (NAWS) 

China Lake, California. 

Enacted in 1994, the California Desert Protection Act (CDPA) included the California Military Lands Withdrawal and Overflights 

Act of 1994. NAWS China Lake is one of several areas withdrawn 

for military use under the CDPA and scheduled to expire on October 31, 2014. Due to the Navy’s need for continued research, development, acquisition, test, and evaluation and operational training 

activities for the withdrawn lands at NAWS China Lake, H.R. 1673 

will permanently transfer the approximately 1,030,000 acres to 

meet those critical national security needs. 

COMMITTEE ACTION

H.R. 1673 was introduced on April 23, 2013, by Congressman 

Kevin McCarthy (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 


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unanimous consent. Congressman Rob Bishop (R–UT) offered an 

amendment designated #1 to the bill; the amendment was adopted 

by voice vote. Congressman Rau ́l Grijalva (D–AZ) offered an 

amendment in the nature of a substitute 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: 

H.R. 1673—Naval Air Weapons Station China Lake Security Enhancement Act 

H.R. 1673 would require the Secretary of the Interior to transfer 

administrative jurisdiction over 1 million acres of land to the Secretary of the Navy. Those lands would be used by the Navy for 

military purposes. Based on information provided by the Bureau of 

Land Management, CBO estimates that implementing the legislation would have no significant impact on the federal budget. Enacting H.R. 1673 would not affect direct spending or revenues; therefore, pay-as-you-go procedures do not apply. 

Under current law, the affected lands are temporarily withdrawn 

for military use. H.R. 1673 would prohibit certain activities that 

could generate receipts on the affected lands in the future; however, because CBO expects that those lands would not generate any 

receipts over the next 10 years, we estimate that enacting the bill 

would not affect direct spending. In addition, because those lands 

are already managed by the federal government, we estimate that 

implementing the legislation would not affect the costs of managing 

the lands. Finally, CBO estimates that any additional costs to prepare the legal description of the affected lands, as required under 

the bill, would total less than $5,000. 

H.R. 1673 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 Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 


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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 the Bureau of 

Land Management, CBO estimates that implementing the legislation would have no significant impact on the federal budget. 

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 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. 

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. 

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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OF 

(J:ommtttc£ un Natura! lRcllourre" 

~llh1lillillgtUl1, i!lQi 20515 

June 19,2013 

Honorable Howard "Buck" McKeon 

Chainnan, Committee on AnneLl Services 

House of Representatives 

2120 Rayburn House Office Building 

Washington, D.C. 20515 

Dear Mr. Chairnlan: 

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

included as part of H.R. 1960, the National Defense Authorization Act 

bills \Vere referred primarily to the Committee on Natural 

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

,opec!,,"",,'!, these bilts arc H.R. 910, Sikes Act Reauthorization Act of20l3; H.R. 1299, 

\Vhitc Enhancement Ad; II.R. 1672, Limestone Hills Training 

H.R. 

for the transfer of cel1ain land CUlTently 

Mrmagelne!!lt to the of the 

Air Weapons Station China Lake, California; H.R. 

Vehicle Recreation Area Establishment Act: and 

Range Transfer Act 01'2013. 

! ask that allow the Anlled Services Committee to be discharged from further 

consideration bills in orrIer for bill to he filed. These discharges in no 

matter bills, antI it will not serve as 

refcn·als. In addition, a conference on any of the bills be 

request to have the Commitlee on Anned Services on the COI:llerer,ce 

committee. I ,>vQuld be to include letter and response in the hill reports 

filed by the on 

Thank you for your consideration of my request 

Chairman 
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Chairman Doc 

House Committee on Resources 

1324 Longworth I-louse Office Building 

\Vashington, D.C, 20515 

Dear Chairman Hastings: 

June 19,2013 

to the Comrnittee on Natural 

Resources., an to Committee on Armed included as 1960, 

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

Act of2013; HK 1299, \\1,ite Sands Missile Enhancement Act; H,R, 1672, Limestone Hills 

Training Area Withdra\va! Act; H.R. 1673, To transfer or certaiu public land 

administered Bureau of Land of the 

the importance of these bill,:>, and the need for the 

we have valid claim OVGf these 

rdclT<lls> of the bills, tbe on Armed Services 

d\)es any matt(:rs conlained in the bills which t:111 within its 

Rule Xjurisdiction. Further, should a conference tHt any aforementioned bills be necessary, 1 request that 

the Committee On Armed Services be represented during any conference negotiations 

Thank you for your attention to thCS0 matters, 

cc: The Honorable John A. Boehner 

The Honorable Adam Smith 

The Honorable Edward 

The 1 fonorable Thomns L 

Chairman 

.Ie 

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