II 

113TH CONGRESS 

1ST SESSION S. 1169 

To withdraw and reserve certain public land in the State of Montana for 

the Limestone Hills Training Area, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2013 

Mr. BAUCUS (for himself and Mr. TESTER) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To withdraw and reserve certain public land in the State 

of Montana for the Limestone Hills Training Area, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Limestone Hills Train5 ing Area Withdrawal Act of 2013’’. 


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1 SEC. 2. WITHDRAWAL AND RESERVATION OF PUBLIC 

2 LANDS FOR LIMESTONE HILLS TRAINING 

3 AREA, MONTANA. 

4 (a) WITHDRAWAL.—Subject to valid existing rights 

5 and except as provided in this Act, the public lands and 

6 interests in lands described in subsection (c), and all other 

7 areas within the boundaries of such lands as depicted on 

8 the map provided for by subsection (d) that may become 

9 subject to the operation of the public land laws, are hereby 

10 withdrawn from all forms of appropriation under the pub11 lic land laws, including the mining laws and the mineral 

12 leasing and geothermal leasing laws. 

13 (b) RESERVATION; PURPOSE.—Subject to the limita14 tions and restrictions contained in section 4, the public 

15 lands withdrawn by subsection (a) are reserved for use by 

16 the Secretary of the Army for the following purposes: 

17 (1) The conduct of training for active and re18 serve components of the Armed Forces. 

19 (2) The construction, operation, and mainte20 nance of organizational support and maintenance fa21 cilities for component units conducting training. 

22 (3) The conduct of training by the Montana 

23 Department of Military Affairs, except that any such 

24 use may not interfere with purposes specified in 

25 paragraphs (1) and (2). 


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1 (4) The conduct of training by State and local 

2 law enforcement agencies, civil defense organiza3 tions, and public education institutions, except that 

4 any such use may not interfere with military train5 ing activities. 

6 (5) Other defense-related purposes consistent 

7 with the purposes specified in the preceding para8 graphs. 

9 (c) LAND DESCRIPTION.—The public lands and in10 terests in lands withdrawn and reserved by this section 

11 comprise approximately 18,644 acres in Broadwater 

12 County, Montana, as generally depicted as ‘‘Proposed 

13 Land Withdrawal’’ on the map titled ‘‘Limestone Hills 

14 Training Area Land Withdrawal’’, dated April 10, 2013. 

15 (d) LEGAL DESCRIPTION AND MAP.— 

16 (1) IN GENERAL.—As soon as practicable after 

17 the date of the enactment of this Act, the Secretary 

18 of the Interior shall publish in the Federal Register 

19 a legal description of the public land withdrawn 

20 under subsection (a) and a copy of a map depicting 

21 the legal description of the withdrawn land. 

22 (2) FORCE OF LAW.—The legal description and 

23 map published under paragraph (1) shall have the 

24 same force and effect as if included in this Act, exVerDate Mar 15 2010 23:09 Jun 19, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1169.IS S1169

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1 cept that the Secretary of the Interior may correct 

2 errors in the legal description. 

3 (3) REIMBURSEMENT OF COSTS.—The Sec4 retary of the Army shall reimburse the Secretary of 

5 the Interior for any costs incurred by the Secretary 

6 of the Interior in implementing this subsection. 

7 (e) INDIAN TRIBES.—Nothing in this Act shall be 

8 construed as altering any rights reserved for an Indian 

9 tribe for tribal use of lands within the military land with10 drawal by treaty or Federal law. The Secretary of the 

11 Army shall consult with any Indian tribes in the vicinity 

12 of the military land withdrawal before taking action within 

13 the military land withdrawal affecting tribal rights or cul14 tural resources protected by treaty or Federal law. 

15 SEC. 3. MANAGEMENT OF WITHDRAWN AND RESERVED 

16 LANDS. 

17 During the period of the withdrawal and reservation 

18 specified in section 6, the Secretary of the Army shall 

19 manage the public lands withdrawn by section 2 for the 

20 purposes specified in subsection (b) of such section, sub21 ject to the limitations and restrictions contained in section 

22 4. 

23 SEC. 4. SPECIAL RULES GOVERNING MINERALS MANAGE24 MENT. 

25 (a) INDIAN CREEK MINE.— 


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1 (1) IN GENERAL.—Of the lands withdrawn by 

2 section 2, locatable mineral activities in the approved 

3 Indian Creek Mine plan of operations, MTM–78300, 

4 shall be regulated pursuant to subparts 3715 and 

5 3809 of title 43, Code of Federal Regulations. 

6 (2) RESTRICTIONS ON SECRETARY OF THE

7 ARMY.—The Secretary of the Army shall make no 

8 determination that the disposition of or exploration 

9 for minerals as provided for in the approved plan of 

10 operations is inconsistent with the defense-related 

11 uses of the lands covered by the military land with12 drawal. The coordination of such disposition of and 

13 exploration for minerals with defense-related uses of 

14 such lands shall be determined pursuant to proce15 dures in an agreement provided for under subsection 

16 (c). 

17 (3) OPPORTUNITY TO CURE.—Notwithstanding 

18 the Act of May 10, 1872 (commonly known as the 

19 ‘‘General Mining Act of 1872’’) (20 U.S.C. 22 et 

20 seq.) and only until the Secretary of the Interior 

21 publishes an opening order under section 13, the 

22 Secretary of the Interior shall offer a notice and 60- 

23 day opportunity to cure discrepancies in the original 

24 location or the failure to maintain mining claims 


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1 within the land area subject to the approved plan of 

2 operations. 

3 (b) REMOVAL OF UNEXPLODED ORDNANCE ON

4 LANDS TO BE MINED.— 

5 (1) REMOVAL ACTIVITIES.—Subject to the 

6 availability of funds appropriated for such purpose, 

7 the Secretary of the Army shall remove unexploded 

8 ordnance on lands withdrawn by section 2 that are 

9 subject to mining under subsection (a), consistent 

10 with applicable Federal and State law. The Sec11 retary of the Army may engage in such removal of 

12 unexploded ordnance in phases to accommodate the 

13 development of the Indian Creek Mine pursuant to 

14 subsection (a). 

15 (2) REPORT ON REMOVAL ACTIVITIES.—The 

16 Secretary of the Army shall annually submit to the 

17 Secretary of the Interior a report regarding the 

18 unexploded ordnance removal activities for the pre19 vious fiscal year performed pursuant to this sub20 section. The report shall include— 

21 (A) the amounts of funding expended for 

22 unexploded ordnance removal on the lands with23 drawn by section 2; and 


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1 (B) the identification of the lands cleared 

2 of unexploded ordnance and approved for min3 ing activities by the Secretary of the Interior. 

4 (c) IMPLEMENTATION AGREEMENT FOR MINING AC5 TIVITIES.—The Secretary of the Interior and the Sec6 retary of the Army shall enter into an agreement to imple7 ment this section with regard to coordination of defense8 related uses and mining and the ongoing removal of 

9 unexploded ordnance. The duration of the agreement shall 

10 be the same as the period of the withdrawal under section 

11 2, but may be amended from time to time. The agreement 

12 shall provide the following: 

13 (1) That Graymont Western US, Inc., or any 

14 successor or assign of the approved Indian Creek 

15 Mine mining plan of operations, MTM–78300, is in16 vited to be a party to the agreement. 

17 (2) Provisions regarding the day-to-day joint18 use of the Limestone Hills Training Area. 

19 (3) Provisions addressing when military and 

20 other authorized uses of the withdrawn lands will 

21 occur. 

22 (4) Provisions regarding when and where mili23 tary use or training with explosive material will 

24 occur. 


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1 (5) Provisions regarding the scheduling of 

2 training activities conducted within the withdrawn 

3 area that restrict mining activities and procedures 

4 for deconfliction with mining operations, including 

5 parameters for notification and resolution of antici6 pated changes to the schedule. 

7 (6) Provisions regarding liability and compensa8 tion for damages or injury caused by mining or mili9 tary training activities. 

10 (7) Provisions for periodic review of the agree11 ment for its adequacy, effectiveness, and need for re12 vision. 

13 (8) Procedures for access through mining oper14 ations covered by this section to training areas with15 in the boundaries of the Limestone Hills Training 

16 Area. 

17 (9) Procedures for scheduling of the removal of 

18 unexploded ordnance. 

19 (d) EXISTING MEMORANDUM OF AGREEMENT.— 

20 Until such time as the agreement required under sub21 section (c) becomes effective, the compatible joint use of 

22 the lands withdrawn and reserved by section 2 shall be 

23 governed, to the extent compatible, by the terms of the 

24 2005 Memorandum of Agreement among the Montana 


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1 Army National Guard, Graymont Western US, Inc., and 

2 the Bureau of Land Management. 

3 SEC. 5. GRAZING. 

4 (a) ISSUANCE AND ADMINISTRATION OF PERMITS

5 AND LEASES.—The issuance and administration of graz6 ing permits and leases, including their renewal, on the 

7 public lands withdrawn by section 2 shall be managed by 

8 the Secretary of the Interior consistent with all applicable 

9 laws, regulations, and policies of the Secretary of the Inte10 rior relating to such permits and leases. 

11 (b) SAFETY REQUIREMENTS.—With respect to any 

12 grazing permit or lease issued after the date of the enact13 ment of this Act for lands withdrawn by section 2, the 

14 Secretary of the Interior and the Secretary of the Army 

15 shall jointly establish procedures that are consistent with 

16 Department of the Army explosive and range safety stand17 ards and that provide for the safe use of any such lands. 

18 (c) ASSIGNMENT.—The Secretary of the Interior 

19 may, with the agreement of the Secretary of the Army, 

20 assign the authority to issue and to administer grazing 

21 permits and leases to the Secretary of the Army, except 

22 that such an assignment may not include the authority 

23 to discontinue grazing on the lands withdrawn by section 

24 2. 


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1 SEC. 6. DURATION OF WITHDRAWAL AND RESERVATION. 

2 The military land withdrawal made by section 2 shall 

3 terminate on March 31, 2039. 

4 SEC. 7. PAYMENTS IN LIEU OF TAXES. 

5 The lands withdrawn by section 2 shall remain eligi6 ble as entitlement land under section 6901 of title 31, 

7 United States Code. 

8 SEC. 8. HUNTING, FISHING AND TRAPPING. 

9 All hunting, fishing and trapping on the lands with10 drawn by section 2 shall be conducted in accordance with 

11 section 2671 of title 10, United States Code. 

12 SEC. 9. WATER RIGHTS. 

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

14 construed— 

15 (1) to establish a reservation in favor of the 

16 United States with respect to any water or water 

17 right on lands withdrawn by section 2; or 

18 (2) to authorize the appropriation of water on 

19 lands withdrawn by section 2, except in accordance 

20 with applicable State law. 

21 (b) EFFECT ON PREVIOUSLY ACQUIRED OR RE22 SERVED WATER RIGHTS.—This section shall not be con23 strued to affect any water rights acquired or reserved by 

24 the United States before the date of the enactment of this 

25 Act. 


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1 SEC. 10. BRUSH AND RANGE FIRE PREVENTION AND SUP2 PRESSION. 

3 (a) REQUIRED ACTIVITIES.—The Secretary of the 

4 Army shall, consistent with any applicable land manage5 ment plan, take necessary precautions to prevent, and ac6 tions to suppress, brush and range fires occurring as a 

7 result of military activities on the lands withdrawn and 

8 reserved by section 2, including fires outside those lands 

9 that spread from the withdrawn land and which occurred 

10 as a result of such activities. 

11 (b) COOPERATION OF SECRETARY OF THE INTE12 RIOR.—At the request of the Secretary of the Army, the 

13 Secretary of the Interior shall provide assistance in the 

14 suppression of such fires and shall be reimbursed for such 

15 assistance by the Secretary of the Army. Notwithstanding 

16 section 2215 of title 10, United States Code, the Secretary 

17 of the Army may transfer to the Secretary of the Interior, 

18 in advance, funds to reimburse the costs of the Depart19 ment of the Interior in providing such assistance. 

20 SEC. 11. ON-GOING DECONTAMINATION. 

21 During the withdrawal and reservation authorized by 

22 section 2, the Secretary of the Army shall maintain, to 

23 the extent funds are available for such purpose, a program 

24 of decontamination of contamination caused by defense25 related uses on such lands consistent with applicable Fed26 eral and State law. The Secretary of Defense shall include 


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1 a description of such decontamination activities in the an2 nual report required by section 2711 of title 10, United 

3 States Code. 

4 SEC. 12. APPLICATION FOR RENEWAL OF A WITHDRAWAL 

5 AND RESERVATION. 

6 (a) NOTICE.—To the extent practicable, no later than 

7 five years before the termination of the withdrawal and 

8 reservation made by section 2, the Secretary of the Army 

9 shall notify the Secretary of the Interior whether the Sec10 retary of the Army will have a continuing defense-related 

11 need for any of the lands withdrawn and reserved by sec12 tion 2 after the termination date of such withdrawal and 

13 reservation. The Secretary of the Army shall provide a 

14 copy of the notice to the Committee on Armed Services 

15 and the Committee on Energy and Natural Resources of 

16 the Senate and the Committee on Armed Services and the 

17 Committee on Natural Resources of the House of Rep18 resentatives. 

19 (b) FILING FOR EXTENSION.—If the Secretary of the 

20 Army concludes that there will be a continuing defense21 related need for any of the withdrawn and reserved lands 

22 after the termination date, the Secretary of the Army shall 

23 file an application for extension of the withdrawal and res24 ervation of such needed lands in accordance with the regu25 lations and procedures of the Department of the Interior 


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1 applicable to the extension of withdrawals and reserva2 tions. 

3 SEC. 13. LIMITATION ON SUBSEQUENT AVAILABILITY OF 

4 LANDS FOR APPROPRIATION. 

5 At the time of termination of a withdrawal and res6 ervation made by section 2, the previously withdrawn 

7 lands shall not be open to any form of appropriation under 

8 the public land laws, including the mining laws and the 

9 mineral leasing and geothermal leasing laws, until the Sec10 retary of the Interior publishes in the Federal Register 

11 an appropriate order specifying the date upon which such 

12 lands shall be restored to the public domain and opened 

13 for such purposes. 

14 SEC. 14. RELINQUISHMENT. 

15 (a) NOTICE OF INTENTION TO RELINQUISH.—If, 

16 during the period of withdrawal and reservation under sec17 tion 2, the Secretary of the Army decides to relinquish 

18 any or all of the lands withdrawn and reserved, the Sec19 retary of the Army shall file a notice of intention to relin20 quish with the Secretary of the Interior. 

21 (b) DETERMINATION OF CONTAMINATION.—As a 

22 part of the notice under subsection (a), the Secretary of 

23 the Army shall include a written determination concerning 

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1 quished are contaminated with explosive materials or toxic 

2 or hazardous substances. 

3 (c) PUBLIC NOTICE.—The Secretary of the Interior 

4 shall publish in the Federal Register the notice of inten5 tion to relinquish, including the determination concerning 

6 the contaminated state of the lands. 

7 (d) DECONTAMINATION OF LANDS TO BE RELIN8 QUISHED.— 

9 (1) CONDITIONS REQUIRING DECONTAMINA10 TION.—If land subject of a notice of intention to re11 linquish pursuant to subsection (a) is contaminated, 

12 and the Secretary of the Interior, in consultation 

13 with the Secretary of the Army, determines that de14 contamination is practicable and economically fea15 sible (taking into consideration the potential future 

16 use and value of the land) and that, upon decon17 tamination, the land could be opened to operation of 

18 some or all of the public land laws, including the 

19 mining laws and the mineral leasing and geothermal 

20 leasing laws, the Secretary of the Army shall decon21 taminate the land to the extent that funds are ap22 propriated for such purpose. 

23 (2) DISCRETION IF CONDITIONS NOT MET.—If 

24 the Secretary of the Interior, after consultation with 

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1 tamination of land subject of a notice of intention to 

2 relinquish pursuant to subsection (a) is not prac3 ticable or economically feasible, or that the land can4 not be decontaminated sufficiently to be opened to 

5 operation of some or all of the public land laws, or 

6 if Congress does not appropriate sufficient funds for 

7 the decontamination of such land, the Secretary of 

8 the Interior shall not be required to accept the land 

9 proposed for relinquishment. 

10 (3) RESPONSE.—If the Secretary of the Inte11 rior declines to accept the lands that have been pro12 posed for relinquishment because of their contami13 nated state, or if at the expiration of the withdrawal 

14 and reservation made by section 2 the Secretary of 

15 the Interior determines that some of the lands with16 drawn and reserved are contaminated to an extent 

17 which prevents opening such contaminated lands to 

18 operation of the public land laws— 

19 (A) the Secretary of the Army shall take 

20 appropriate steps to warn the public of the con21 taminated state of such lands and any risks as22 sociated with entry onto such lands; 

23 (B) after the expiration of the withdrawal 

24 and reservation, the Secretary of the Army 

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1 cept in connection with decontamination of such 

2 lands; and 

3 (C) the Secretary of the Army shall report 

4 to the Secretary of the Interior and to the Con5 gress concerning the status of such lands and 

6 all actions taken in furtherance of this para7 graph. 

8 (e) REVOCATION AUTHORITY.—Upon deciding that it 

9 is in the public interest to accept the lands proposed for 

10 relinquishment pursuant to subsection (a), the Secretary 

11 of the Interior may order the revocation of the withdrawal 

12 and reservation made by section 2 as it applies to such 

13 lands. The Secretary of the Interior shall publish in the 

14 Federal Register the revocation order, which shall— 

15 (1) terminate the withdrawal and reservation; 

16 (2) constitute official acceptance of the lands by 

17 the Secretary of the Interior; and 

18 (3) state the date upon which the lands will be 

19 opened to the operation of some or all of the public 

20 land laws, including the mining laws. 

21 (f) ACCEPTANCE BY SECRETARY OF THE INTE22 RIOR.—Nothing in this section shall be construed to re23 quire the Secretary of the Interior to accept the lands pro24 posed for relinquishment if the Secretary determines that 

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1 main. If the Secretary makes such a determination, the 

2 Secretary shall provide notice of the determination to Con3 gress. 

Æ 


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