29–006 

113TH CONGRESS REPT. 113–124 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

CHOCOLATE MOUNTAIN AERIAL GUNNERY RANGE 

TRANSFER ACT OF 2013 

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. 1691] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resource, to whom was referred the 

bill (H.R. 1691) 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 the Chocolate Mountain Aerial Gunnery Range, 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 ‘‘Chocolate Mountain Aerial Gunnery Range Transfer 

Act of 2013’’. 

SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION, CHOCOLATE MOUNTAIN AERIAL GUNNERY RANGE, CALIFORNIA. 

(a) TRANSFER REQUIRED.—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 Imperial and Riverside Counties, California, consisting of approximately 226,711 acres, as generally depicted on the map 

titled ‘‘Chocolate Mountain Aerial Gunnery Range Proposed–Withdrawal’’ dated 

1987 (revised July 1993), and identified as WESTDIV Drawing No. C–102370, which 

was prepared by the Naval Facilities Engineering Command of the Department of 

the Navy and is on file with the California State Office of the Bureau of Land Management. 

(b) VALID EXISTING RIGHTS.—The transfer of administrative jurisdiction under 

subsection (a) shall be subject to any valid existing rights, including any property, 

easements, or improvements held by the Bureau of Reclamation and appurtenant 

to the Coachella Canal. The Secretary of the Navy shall provide for reasonable acVerDate Mar 15 2010 23:31 Jun 25, 2013 Jkt 029006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR124P1.XXX HR124P1

rfrederick on DSK6VPTVN1PROD with HEARING
2 

cess by the Bureau of Reclamation for inspection and maintenance purposes not inconsistent with military training. 

(c) TIME FOR CONVEYANCE.—The transfer of administrative jurisdiction under subsection (a) shall occur pursuant to a schedule agreed to by the Secretary of the Interior and the Secretary of the Navy, but in no case later than the date of the completion of the boundary realignment required by section 4. 

(d) MAP AND LEGAL DESCRIPTION.— (1) PREPARATION AND PUBLICATION.—The Secretary of the Interior shall publish in the Federal Register a legal description of the public land to be transferred under subsection (a). 

(2) SUBMISSION TO CONGRESS.—The Secretary of the Interior shall file with 

the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives— 

(A) a copy of the legal description prepared under paragraph (1); and 

(B) a map depicting the legal description of the transferred public land. 

(3) AVAILABILITY FOR PUBLIC INSPECTION.—Copies of the legal description and 

map filed under paragraph (2) shall be available for public inspection in the appropriate offices of— 

(A) the Bureau of Land Management; 

(B) the Office of the Commanding Officer, Marine Corps Air Station 

Yuma, Arizona; 

(C) the Office of the Commander, Navy Region Southwest; and 

(D) the Office of the Secretary of the Navy. 

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

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 or map. 

(5) 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 this subsection. 

SEC. 3. MANAGEMENT AND USE OF TRANSFERRED LAND. 

(a) USE OF TRANSFERRED LAND.—Upon the receipt of the land under section 2, 

the Secretary of the Navy shall administer the land as the Chocolate Mountain Aerial Gunnery Range, California, and continue to authorize use of the land for military 

purposes. 

(b) PROTECTION OF DESERT TORTOISE.—Nothing in the transfer required by section 2 shall affect the prior designation of certain lands within the Chocolate Mountain Aerial Gunnery Range as critical habitat for the desert tortoise (Gopherus 

Agassizii). 

(c) WITHDRAWAL OF MINERAL ESTATE.—Subject to valid existing rights, the mineral estate of the land to be transferred under section 2 are withdrawn from all 

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

the mineral and geothermal leasing laws, for as long as the land is under the administrative jurisdiction of the Secretary of the Navy. 

(d) INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.—Not later than one 

year after the transfer of the land under section 2, the Secretary of the Navy, in 

cooperation with the Secretary of the Interior, shall prepare an integrated natural 

resources management plan pursuant to the Sikes Act (16 U.S.C. 670a et seq.) for 

the transferred land and for land that, as of the date of the enactment of this Act, 

is under the jurisdiction of the Secretary of the Navy underlying the Chocolate 

Mountain Aerial Gunnery Range. 

SEC. 4. REALIGNMENT OF RANGE BOUNDARY AND RELATED TRANSFER OF TITLE. 

(a) REALIGNMENT; PURPOSE.—The Secretary of the Interior and the Secretary of 

the Navy shall realign the boundary of the Chocolate Mountain Aerial Gunnery 

Range, as in effect on the date of the enactment of this Act, to improve public safety 

and management of the Range, consistent with the following: 

(1) The northwestern boundary of the Chocolate Mountain Aerial Gunnery 

Range shall be realigned to the edge of the Bradshaw Trail so that the Trail 

is entirely on public land under the jurisdiction of the Department of the Interior. 

(2) The centerline of the Bradshaw Trail shall be delineated by the Secretary 

of the Interior in consultation with the Secretary of the Navy, beginning at its 

western terminus at Township 8 South, Range 12 East, Section 6 eastward to 

Township 8 South, Range 17 East, Section 32 where it leaves the Chocolate 

Mountain Aerial Gunnery Range. 

(b) TRANSFERS RELATED TO REALIGNMENT.—The Secretary of the Interior and the 

Secretary of the Navy shall make such transfers of administrative jurisdiction as 


rfrederick on DSK6VPTVN1PROD with HEARING
3 

may be necessary to reflect the results of the boundary realignment carried out pursuant to subsection (a). 

(c) APPLICABILITY OF NATIONAL ENVIRONMENTAL POLICY ACT OF 1969.—The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to 

any transfer of land made under subsection (b) or any decontamination actions undertaken in connection with such a transfer. 

(d) DECONTAMINATION.—The Secretary of the Navy shall maintain, to the extent 

funds are available for such purpose and consistent with applicable Federal and 

State law, a program of decontamination of any contamination caused by defenserelated uses on land transferred under subsection (b). The Secretary of Defense 

shall include a description of such decontamination activities in the annual report 

required by section 2711 of title 10, United States Code. 

(e) TIMELINE.—The delineation of the Bradshaw Trail under subsection (a) and 

any transfer of land under subsection (b) shall occur pursuant to a schedule agreed 

to by the Secretary of the Interior and the Secretary of the Navy, but in no case 

later than two years after the date of the enactment of this Act. 

SEC. 5. EFFECT OF TERMINATION OF MILITARY USE. 

(a) NOTICE AND EFFECT.—Upon a determination by the Secretary of the Navy that 

there is no longer a military need for all or portions of the land transferred under 

section 2, the Secretary of the Navy shall notify the Secretary of the Interior of such 

determination. Subject to subsections (b), (c), and (d), the Secretary of the Navy 

shall transfer the land subject to such a notice back to the administrative jurisdiction of the Secretary of the Interior. 

(b) CONTAMINATION.—Before transmitting a notice under subsection (a), the Secretary of the Navy shall prepare a written determination concerning whether and 

to what extent the land to be transferred are contaminated with explosive, toxic, or 

other hazardous materials. A copy of the determination shall be transmitted with 

the notice. Copies of the notice and the determination shall be published in the Federal Register. 

(c) DECONTAMINATION.—The Secretary of the Navy shall decontaminate any contaminated land that is the subject of a notice under subsection (a) if— 

(1) the Secretary of the Interior, in consultation with the Secretary of the 

Navy, determines that— 

(A) decontamination is practicable and economically feasible (taking into 

consideration the potential future use and value of the land); and 

(B) upon decontamination, the land could be opened to operation of some 

or all of the public land laws, including the mining laws; and 

(2) funds are appropriated for such decontamination. 

(d) ALTERNATIVE.—The Secretary of the Interior is not required to accept land proposed for transfer under subsection (a) if the Secretary of the Interior is unable to 

make the determinations under subsection (c)(1) or if Congress does not appropriate 

a sufficient amount of funds for the decontamination of the land. 

SEC. 6. TEMPORARY EXTENSION OF EXISTING WITHDRAWAL PERIOD. 

Notwithstanding subsection (a) of section 806 of the California Military Lands 

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

4505), the withdrawal and reservation of the land transferred under section 2 of this 

Act shall not terminate until the date on which the land transfer required by section 

2 is executed. 

SEC. 7. 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. 1691, 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 the Chocolate Mountain 

Aerial Gunnery Range, California. 


rfrederick on DSK6VPTVN1PROD with HEARING
4 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 1691 directs the Secretary of the Interior to transfer approximately 226,711 acres of Bureau of Land Management land in 

Imperial and Riverside Counties, California, to the Secretary of the 

Navy for the Chocolate Mountain Ariel Gunnery Range (CMAGR). 

The bill also requires the realignment of the CMAGR boundary to 

exclude a current overlap with the Bradshaw Trail and retain 

desert tortoise critical habitat. 

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

Act of 1994. CMAGR is one of several areas withdrawn for military 

use under the CDPA and scheduled to expire on October 31, 2014. 

CMAGR is a live-fire training range that is used for developing and 

maintaining the readiness of Marine Corps and Navy aviators. The 

range is also used for training select Marine Corps and Navy land 

combat forces, including Naval Special Warfare forces. H.R. 1691 

will permanently transfer the approximately 226,711 acres for the 

Navy’s continued need for the critical national security benefits of 

the CMAGR. 

COMMITTEE ACTION

H.R. 1691 was introduced on April 23, 2013, by Congressman 

Juan Vargas (D–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 unanimous consent. No further amendments were offered, and 

the bill, as amended, was then adopted and ordered favorably reported to the House of Representatives by unanimous consent. 

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 ComVerDate Mar 15 2010 23:31 Jun 25, 2013 Jkt 029006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\HR124P1.XXX HR124P1

rfrederick on DSK6VPTVN1PROD with HEARING
5 

mittee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 1691—Chocolate Mountain Aerial Gunnery Range Transfer 

Act of 2013 

H.R. 1691 would require the Secretary of the Interior to transfer 

administrative jurisdiction over 227,000 acres of land to the Secretary of the Navy. Those lands would be used by the Navy as a 

gunnery range. 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. 1691 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. 1691 would prohibit certain new activities 

that could generate receipts on the affected lands in the future; 

however, because CBO expects that those lands would not generate 

any new 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 $10,000. 

H.R. 1691 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on 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. 

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 the Chocolate Mountain Aerial Gunnery 

Range, 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. 


rfrederick on DSK6VPTVN1PROD with HEARING
6 

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. 


rfrederick on DSK6VPTVN1PROD with HEARING
7 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 9 here HR124.001

EXCHANGE OF LETTERS 

lIt.~. JHnull£ of iRtpres£utntiu£1i 

(!!nnnnUtl!£ un Nutund iR£l:H1urces 

Bas4ingtnu. iOOl2!i515 

June 19,2013 

Honorable Howard "Buck" McKeon 

Chainnan, Committee on Anned Services 

House of Representatives 

2120 Rayburn House Office Building 

Washington, D.C. 205!5 

Dear Mr. Chainnan: 

JH~~~V L'!J~"1'l 

OEMCC.'l--l N; S141"'1)1'?("C>Dff 

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

bills that were o!timately included as part of H.R. 1960, !he 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 Anned Services. 

Specifically, these bills are H.R. 9!G, 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 !he 

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 Anned 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 !he subject matter oflhe bills, and it will not serve as precedent for future 

referrals. In addition, shouid a conference on any of !he bills be necessary, I would support your 

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

committee. Finally,! 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 your consideration of my request. 

llt-Ik Doc Hastings 

Chairman 

http;!"rl-aturalr.e-souTces.AOUSi}_g-cv 
8 


rfrederick on DSK6VPTVN1PROD with HEARINGInsert offset folio 10 here HR124.002

COMMITIEE ON ARMED SERVICES 

ill.~. J!)OUSC of :iRcprcstIJtatillcs 

~1(]5bil1gton. ill~ 20515-0035 

ONE HU'IDRED THIRTEcNTH COW:;RESS 

Chairman Doc Hastings 

House Committee on Natural Resources 

1324 Longworth House Office Building 

Washington, D.C. 20515 

Dear Chainnan Hastings: 

June 19, 20U 

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; 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. 

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 of legislation, I do not 

intend to request sequential referrals. By waiving consideration of the bills, the Committee on Armed Services 

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

Rule Xjurisdiction. Further, should a conference on any of the aforementioned bills be necessary, [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 HOllorable Adam Smith 

The Honorable Edward 1. Markey 

The Honorable Thomas 1. Wickham, Jr. 

Si~()?~4 

Chairman 

Howard P. "Buck" McKeon ~ 

o