II 

Calendar No. 378 

113TH CONGRESS 

2D SESSION S. 1309 

[Report No. 113–161] 

To withdraw and reserve certain public land under the jurisdiction of the 

Secretary of the Interior for military uses, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 16 (legislative day, JULY 15), 2013 

Mr. WYDEN (by request) introduced the following bill; which was read twice 

and referred to the Committee on Energy and Natural Resources 

MAY 14, 2014 

Reported by Ms. LANDRIEU, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To withdraw and reserve certain public land under the jurisdiction of the Secretary of the Interior for military uses, 

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 ‘‘Military Land With5 drawals Act’’. 


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1 SEC. 2. MILITARY LAND WITHDRAWALS AND CODIFICATION 

2 OF STATUTORY PROVISIONS RELATING TO 

3 CHINA LAKE, LIMESTONE HILLS, CHOCOLATE 

4 MOUNTAIN, AND TWENTYNINE PALMS. 

5 (a) MILITARY LAND WITHDRAWALS AND CREATION

6 OF NEW CHAPTER.—Subtitle A of title 10, United States 

7 Code, is amended by inserting after chapter 173 the fol8 lowing new chapter: 

9 ‘‘CHAPTER 174—LAND WITHDRAWALS 

‘‘Subchapter Sec. 

‘‘I. General Provisions ................................................................... 2931 

‘‘II. China Lake, California ........................................................... 2955 

‘‘III. Limestone Hills, Montana .................................................... 2957 

‘‘IV. Chocolate Mountain, California ....................................... 2959 

‘‘V. Twentynine Palms, California ............................................ 2961 

10 ‘‘SUBCHAPTER I—GENERAL PROVISIONS 

‘‘Sec. 

‘‘2931. General applicability; definition. 

‘‘2932. Maps and legal descriptions. 

‘‘2933. Access restrictions. 

‘‘2934. Changes in use. 

‘‘2935. Authorizations for nondefense-related uses. 

‘‘2936. Brush and fire prevention and suppression. 

‘‘2937. On-going decontamination. 

‘‘2938. Water rights. 

‘‘2939. Hunting, fishing, and trapping. 

‘‘2940. Limitations on extensions and withdrawals. 

‘‘2941. Application for renewal of a withdrawal and reservation. 

‘‘2942. Limitation on subsequent availability of lands for appropriation. 

‘‘2943. Relinquishment. 

‘‘2944. Interchanges and transfers of Federal lands. 

‘‘2945. Delegability by the Secretary of the Interior. 

‘‘2946. Land withdrawals; immunity of United States. 

11 ‘‘§ 2931. General applicability; definition 

12 ‘‘(a) APPLICABILITY OF SUBCHAPTER.—The provi13 sions of this subchapter apply to any withdrawal made by 

14 this chapter. 


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1 ‘‘(b) RULES OF CONSTRUCTION.—(1) Except as may 

2 be provided pursuant to section 2944 of this title, nothing 

3 in this chapter shall be construed as assigning manage4 ment of real property under the administrative jurisdiction 

5 of the Secretary concerned to the Secretary of the Interior. 

6 ‘‘(2) The terms ‘manage’ and ‘management’, when 

7 used in reference to lands withdrawn and reserved by this 

8 chapter, include the authority to exercise jurisdiction, cus9 tody, and control over those lands in accordance with this 

10 title, except that those terms do not include authority for 

11 land disposal. 

12 ‘‘(c) DEFINITION.—In this chapter, the term ‘Indian 

13 tribe’ has the meaning given such term in section 102 of 

14 the Federally Recognized Indian Tribe List Act of 1994 

15 (25 U.S.C. 479a). 

16 ‘‘§ 2932. Maps and legal descriptions 

17 ‘‘(a) PREPARATION OF MAPS AND LEGAL DESCRIP18 TIONS.—As soon as practicable after the date of the enact19 ment of a subchapter of this chapter, the Secretary of the 

20 Interior shall— 

21 ‘‘(1) publish in the Federal Register a notice 

22 containing the legal description of the lands with23 drawn and reserved by such subchapter; and 

24 ‘‘(2) file a map or maps and legal description 

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1 chapter with the Committee on Armed Services and 

2 the Committee on Energy and Natural Resources of 

3 the Senate and the Committee on Armed Services 

4 and the Committee on Natural Resources of the 

5 House of Representatives. 

6 ‘‘(b) LEGAL EFFECT.—Such maps and legal descrip7 tions shall have the same force and effect as if they were 

8 included in this chapter, except that the Secretary of the 

9 Interior may correct clerical and typographical errors in 

10 such maps and legal descriptions. 

11 ‘‘(c) AVAILABILITY.—Copies of such maps and legal 

12 descriptions shall be available for public inspection— 

13 ‘‘(1) in the appropriate offices of the Bureau of 

14 Land Management; 

15 ‘‘(2) in the office of the commanding officer of 

16 the military installation at which the lands are with17 drawn; and 

18 ‘‘(3) if the military installation is under the 

19 management of the National Guard, in the office of 

20 the Adjutant General of the State in which the in21 stallation is located. 

22 ‘‘(d) COSTS.—The Secretary concerned shall reim23 burse the Secretary of the Interior for the costs incurred 

24 by the Secretary of the Interior in implementing this sec25 tion. 


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1 ‘‘§ 2933. Access restrictions 

2 ‘‘(a) IN GENERAL.—If the Secretary concerned deter3 mines that military operations, public safety, or national 

4 security require the closure to the public of any road, trail, 

5 or other portion of the lands withdrawn and reserved by 

6 a subchapter of this chapter, the Secretary may take such 

7 action as the Secretary determines necessary or desirable 

8 to effect and maintain such closure. 

9 ‘‘(b) LIMITATION.—Any closure under subsection (a) 

10 shall be limited to the minimum areas and periods that 

11 the Secretary concerned determines are required for the 

12 purposes specified in such subsection. 

13 ‘‘(c) CONSULTATION.—(1) Before a closure under 

14 this section is implemented, the Secretary concerned shall 

15 consult with the Secretary of the Interior. 

16 ‘‘(2) In a case in which such a closure may affect 

17 access to or use of sacred sites or resources considered 

18 important by an Indian tribe, the Secretary concerned 

19 shall consult, at the earliest practicable time, with that 

20 tribe. 

21 ‘‘(3) No consultation is required under paragraph (1) 

22 or (2)— 

23 ‘‘(A) if the closure is already provided for in an 

24 integrated natural resources management plan, an 

25 installation cultural resources management plan, or 

26 a land use management plan; or 


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1 ‘‘(B) in the case of an emergency, as deter2 mined by the Secretary concerned. 

3 ‘‘(d) NOTICE.—Immediately preceding and during 

4 any closure under subsection (a), the Secretary concerned 

5 shall post appropriate warning notices and take other 

6 steps, as necessary, to notify the public of the closure. 

7 ‘‘§ 2934. Changes in use 

8 ‘‘(a) OTHER USES AUTHORIZED.—The Secretary 

9 concerned may authorize the use of lands withdrawn and 

10 reserved by a subchapter of this chapter for defense-re11 lated purposes in addition to the purposes specified in 

12 such subchapter. 

13 ‘‘(b) NOTICE TO SECRETARY OF THE INTERIOR.— 

14 The Secretary concerned shall promptly notify the Sec15 retary of the Interior in the event that the lands with16 drawn and reserved by a subchapter of this chapter will 

17 be used for additional defense-related purposes. Such noti18 fication shall indicate— 

19 ‘‘(1) the additional use or uses involved; 

20 ‘‘(2) the planned duration of such additional 

21 uses; and 

22 ‘‘(3) the extent to which such additional uses 

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1 mitted non-defense-related uses of the withdrawn 

2 and reserved lands or portions thereof. 

3 ‘‘§ 2935. Authorizations for nondefense-related uses 

4 ‘‘(a) AUTHORIZATIONS BY THE SECRETARY OF THE

5 INTERIOR.—Subject to the applicable withdrawals con6 tained in each subchapter of this chapter, with the consent 

7 of the Secretary concerned, the Secretary of the Interior 

8 may authorize the use, occupancy, or development of the 

9 lands withdrawn and reserved by this chapter. 

10 ‘‘(b) AUTHORIZATIONS BY THE SECRETARY CON11 CERNED.—The Secretary concerned may authorize the 

12 use, occupancy, or development of the lands withdrawn 

13 and reserved by this chapter— 

14 ‘‘(1) for a defense-related purpose; or 

15 ‘‘(2) subject to the consent of the Secretary of 

16 the Interior, for a non-defense-related purpose. 

17 ‘‘(c) FORM OF AUTHORIZATION.—An authorization 

18 under this section may be provided by lease, easement, 

19 right-of-way, permit, license, or other instrument author20 ized by law. 

21 ‘‘(d) PREVENTION OF DRAINAGE OF OIL OR GAS RE22 SOURCES.—For the purpose of preventing drainage of oil 

23 or gas resources, the Secretary of the Interior may lease 

24 lands otherwise withdrawn from operation of the mineral 

25 leasing laws and reserved for defense-related purposes 


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1 under this chapter, under such terms and conditions as 

2 the Secretary considers appropriate. No surface occupancy 

3 may be approved by the Secretary of the Interior without 

4 the consent of the Secretary concerned. The Secretary of 

5 the Interior may unitize or consent to communitization of 

6 such lands. The Secretary of the Interior may promulgate 

7 regulations to implement this subsection. 

8 ‘‘§ 2936. Brush and range fire prevention and sup9 pression 

10 ‘‘(a) REQUIRED ACTIVITIES.—The Secretary con11 cerned shall, consistent with any applicable land manage12 ment plan, take necessary precautions to prevent, and ac13 tions to suppress, brush and range fires occurring as a 

14 result of military activities on the lands withdrawn and 

15 reserved by this chapter, including fires outside those 

16 lands that spread from the withdrawn and reserved lands 

17 and which occurred as a result of such activities. 

18 ‘‘(b) COOPERATION OF SECRETARY OF THE INTE19 RIOR.—At the request of the Secretary concerned, the Sec20 retary of the Interior shall provide assistance in the sup21 pression of such fires and shall be reimbursed for such 

22 assistance by the Secretary concerned. Notwithstanding 

23 section 2215 of this title, the Secretary concerned may 

24 transfer to the Secretary of the Interior, in advance, funds 


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1 to reimburse the costs of the Department of the Interior 

2 in providing such assistance. 

3 ‘‘§ 2937. On-going decontamination 

4 ‘‘Throughout the duration of a withdrawal and res5 ervation of lands under this chapter, the Secretary con6 cerned shall maintain, to the extent funds are available 

7 for such purpose, a program of decontamination of con8 tamination caused by defense-related uses on such lands 

9 consistent with applicable Federal and State law. The Sec10 retary of Defense shall include a description of such de11 contamination activities in the annual report required by 

12 section 2711 of this title. 

13 ‘‘§ 2938. Water rights 

14 ‘‘(a) NO RESERVATION CREATED.—Nothing in this 

15 chapter shall be construed— 

16 ‘‘(1) to establish a reservation in favor of the 

17 United States with respect to any water or water 

18 right on the lands withdrawn and reserved by this 

19 chapter; or 

20 ‘‘(2) to authorize the appropriation of water on 

21 such lands except in accordance with applicable 

22 State law. 

23 ‘‘(b) EFFECT ON PREVIOUSLY ACQUIRED OR RE24 SERVED WATER RIGHTS.—This section shall not be con25 strued to affect any water rights acquired or reserved by 


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1 the United States before the date of the enactment of the 

2 applicable subchapter of this chapter, and the Secretary 

3 concerned may exercise any such previously acquired or 

4 reserved water rights. 

5 ‘‘§ 2939. Hunting, fishing, and trapping 

6 ‘‘Section 2671 of this title shall apply to all hunting, 

7 fishing, and trapping on the lands withdrawn and reserved 

8 by this chapter and for which management has been as9 signed to the Secretary concerned. 

10 ‘‘§ 2940. Limitation on extensions and renewals 

11 ‘‘The withdrawals and reservations established by 

12 this chapter may not be extended or renewed except by 

13 a law enacted by Congress. 

14 ‘‘§ 2941. Application for renewal of a withdrawal and 

15 reservation 

16 ‘‘(a) NOTICE.—To the extent practicable, no later 

17 than five years before the termination of a withdrawal and 

18 reservation established by a subchapter of this chapter, 

19 the Secretary concerned shall notify the Secretary of the 

20 Interior as to whether or not the Secretary concerned will 

21 have a continuing defense-related need for any of the lands 

22 withdrawn and reserved by such subchapter after the ter23 mination date of such withdrawal and reservation. The 

24 Secretary concerned shall provide a copy of the notice to 

25 the Committee on Armed Services and the Committee on 


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1 Energy and Natural Resources of the Senate and the 

2 Committee on Armed Services and the Committee on Nat3 ural Resources of the House of Representatives. 

4 ‘‘(b) FILING FOR EXTENSION.—If the Secretary con5 cerned concludes that there will be a continuing defense6 related need for any of such lands after the termination 

7 date, the Secretary shall file an application for extension 

8 of the withdrawal and reservation of such needed lands 

9 in accordance with the regulations and procedures of the 

10 Department of the Interior applicable to the extension of 

11 withdrawals. 

12 ‘‘§ 2942. Limitation on subsequent availability of 

13 lands for appropriation 

14 ‘‘At the time of termination of a withdrawal and res15 ervation made by a subchapter of this chapter, the pre16 viously withdrawn lands shall not be open to any form of 

17 appropriation under the public land laws, including the 

18 mining laws and the mineral leasing and geothermal leas19 ing laws, until the Secretary of the Interior publishes in 

20 the Federal Register an appropriate order specifying the 

21 date upon which such lands shall be restored to the public 

22 domain and opened for such purposes. 

23 ‘‘§ 2943. Relinquishment 

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

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1 retary concerned decides to relinquish any or all of the 

2 lands withdrawn and reserved by a subchapter of this 

3 chapter, the Secretary concerned shall file a notice of in4 tention to relinquish with the Secretary of the Interior. 

5 ‘‘(b) DETERMINATION OF CONTAMINATION.—As a 

6 part of the notice under subsection (a), the Secretary con7 cerned shall include a written determination concerning 

8 whether and to what extent the lands that are to be relin9 quished are contaminated with explosive materials or toxic 

10 or hazardous substances. 

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

12 shall publish in the Federal Register the notice of inten13 tion to relinquish, including the determination concerning 

14 the contaminated state of the lands. 

15 ‘‘(d) DECONTAMINATION OF LANDS TO BE RELIN16 QUISHED.— 

17 ‘‘(1) DECONTAMINATION REQUIRED.—If land 

18 subject of a notice of intention to relinquish pursu19 ant to subsection (a) is contaminated, and the Sec20 retary of the Interior, in consultation with the Sec21 retary concerned, determines that decontamination 

22 is practicable and economically feasible (taking into 

23 consideration the potential future use and value of 

24 the land) and that, upon decontamination, the land 

25 could be opened to operation of some or all of the 


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1 public land laws, including the mining laws and the 

2 mineral leasing and geothermal leasing laws, the 

3 Secretary concerned shall decontaminate the land to 

4 the extent that funds are appropriated for such pur5 pose. 

6 ‘‘(2) ALTERNATIVES.—If the Secretary of the 

7 Interior, after consultation with the Secretary con8 cerned, concludes that decontamination of land sub9 ject of a notice of intention to relinquish pursuant 

10 to subsection (a) is not practicable or economically 

11 feasible, or that the land cannot be decontaminated 

12 sufficiently to be opened to operation of some or all 

13 of the public land laws, or if Congress does not ap14 propriate sufficient funds for the decontamination of 

15 such land, the Secretary of the Interior shall not be 

16 required to accept the land proposed for relinquish17 ment. 

18 ‘‘(3) STATUS OF CONTAMINATED LANDS UPON

19 TERMINATION.—If, because of their contaminated 

20 state, the Secretary of the Interior declines to accept 

21 the lands withdrawn and reserved by a subchapter 

22 of this chapter which have been proposed for relin23 quishment, or if at the expiration of the withdrawal 

24 and reservation made by such subchapter the Sec25 retary of the Interior determines that some of the 


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1 lands withdrawn and reserved by such subchapter 

2 are contaminated to an extent which prevents open3 ing such contaminated lands to operation of the pub4 lic land laws— 

5 ‘‘(A) the Secretary concerned shall take 

6 appropriate steps to warn the public of the con7 taminated state of such lands and any risks as8 sociated with entry onto such lands; 

9 ‘‘(B) after the expiration of the withdrawal 

10 and reservation, the Secretary concerned shall 

11 undertake no activities on such lands except in 

12 connection with decontamination of such lands; 

13 and 

14 ‘‘(C) the Secretary concerned shall report 

15 to the Secretary of the Interior and to the Con16 gress concerning the status of such lands and 

17 all actions taken in furtherance of this para18 graph. 

19 ‘‘(e) REVOCATION AUTHORITY.—Upon deciding that 

20 it is in the public interest to accept the lands proposed 

21 for relinquishment pursuant to subsection (a), the Sec22 retary of the Interior may order the revocation of a with23 drawal and reservation established by a subchapter of this 

24 chapter as it applies to such lands. The Secretary of the 


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1 Interior shall publish in the Federal Register the revoca2 tion order, which shall— 

3 ‘‘(1) terminate the withdrawal and reservation; 

4 ‘‘(2) constitute official acceptance of the lands 

5 by the Secretary of the Interior; and 

6 ‘‘(3) state the date upon which the lands will be 

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

8 land laws, including the mining laws. 

9 ‘‘(f) ACCEPTANCE BY SECRETARY OF THE INTE10 RIOR.—Nothing in this section shall be construed to re11 quire the Secretary of the Interior to accept the lands pro12 posed for relinquishment if the Secretary determines that 

13 such lands are not suitable for return to the public do14 main. If the Secretary makes such a determination, the 

15 Secretary shall provide notice of the determination to Con16 gress. 

17 ‘‘§ 2944. Interchanges and transfers of Federal lands 

18 ‘‘(a) AUTHORITY.—The Secretary of the Interior and 

19 the Secretary concerned may interchange or transfer be20 tween each other parcels of Federal land under their juris21 diction. A parcel may include multiple non-contiguous 

22 pieces of Federal lands. 

23 ‘‘(b) CONDITIONS.—Any interchange or transfer of 

24 land under this section is subject to the following condi25 tions: 


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1 ‘‘(1) The Secretary of the Interior and the Sec2 retary concerned must each determine that the 

3 interchange or transfer is to the benefit of their re4 spective department and in the public interest. 

5 ‘‘(2) Both parcels of land to be interchanged 

6 must, before the interchange, be located on the same 

7 military installation. 

8 ‘‘(3) Both parcels of land to be interchanged 

9 must be of approximately the same acreage. 

10 ‘‘(4) The parcel to be transferred must be lo11 cated on the military installation to which it is 

12 transferred. 

13 ‘‘(5) The parcel interchanged or transferred by 

14 the Secretary of the Interior must be part of the 

15 lands withdrawn and reserved by this chapter. 

16 ‘‘(6) The parcel interchanged or transferred by 

17 the Secretary concerned must be under the adminis18 trative jurisdiction of the Secretary concerned and 

19 excess to the needs of the Department of Defense. 

20 ‘‘(7) During the term of a withdrawal, no more 

21 than 5,000 acres may be transferred under this sec22 tion by one Secretary to the other on any one mili23 tary installation. 


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1 ‘‘(c) STATUS OF FEDERAL LAND AFTER INTER2 CHANGE.—Upon completion of an interchange or transfer 

3 under this section— 

4 ‘‘(1) at the discretion of the Secretary of the 

5 Interior, a parcel received by the Secretary of the 

6 Interior may— 

7 ‘‘(A) become withdrawn and reserved lands 

8 under the provisions of this chapter; or 

9 ‘‘(B) be managed as public lands under the 

10 provisions of the Federal Land Policy and Man11 agement Act (43 U.S.C. 1701 et seq.) and 

12 other applicable law; and 

13 ‘‘(2) a parcel received by the Secretary con14 cerned shall— 

15 ‘‘(A) cease to be part of the public lands 

16 and lands withdrawn and reserved by this chap17 ter; and 

18 ‘‘(B) be treated as property under section 

19 102(9) of title 40 under the administrative ju20 risdiction of the Secretary concerned. 

21 ‘‘(d) EQUALIZATION PAYMENTS.—Neither the Sec22 retary of the Interior nor the Secretary concerned may 

23 make an equalization payment to further a land inter24 change or transfer under this section. 


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1 ‘‘§ 2945. Delegability by the Secretary of the Interior 

2 ‘‘The Secretary of the Interior may delegate the Sec3 retary’s functions under this chapter, except that an order 

4 pursuant to section 2942 of this title and a revocation 

5 order pursuant to section 2943(e) of this title may be ap6 proved and signed only by individuals in the Office of the 

7 Secretary who have been appointed by the President, by 

8 and with the advice and consent of the Senate. 

9 ‘‘§ 2946. Land withdrawals; immunity of the United 

10 States 

11 ‘‘The United States and all departments and agencies 

12 thereof, and their officers and employees, shall be held 

13 harmless and shall not be liable for any injuries or dam14 ages to persons or property suffered in the course of any 

15 mining or mineral or geothermal leasing activity or other 

16 authorized non-defense-related activity conducted on lands 

17 withdrawn and reserved by this chapter. 

18 ‘‘SUBCHAPTER II—CHINA LAKE, CALIFORNIA 

‘‘Sec. 

‘‘2955a. Withdrawal and reservation. 

‘‘2955b. Management of withdrawn and reserved lands. 

‘‘2955c. Duration of withdrawal and reservation. 

19 ‘‘§ 2955a. Withdrawal and reservation 

20 ‘‘(a) WITHDRAWAL.—(1) Subject to valid existing 

21 rights and except as otherwise provided in this subchapter, 

22 the public lands and interests in lands described in sub23 section (c), and all other areas within the boundary of 


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1 such lands as depicted on the map provided for by section 

2 2932 of this title which may become subject to the oper3 ation of the public land laws, are hereby withdrawn from 

4 all forms of appropriation under the public land laws, in5 cluding the mining laws and the mineral leasing laws. 

6 ‘‘(b) RESERVATION.—The lands withdrawn by sub7 section (a) are reserved for use by the Secretary of the 

8 Navy for the following purposes: 

9 ‘‘(1) Use as a research, development, test, and 

10 evaluation laboratory. 

11 ‘‘(2) Use as a range for air warfare weapons 

12 and weapon systems. 

13 ‘‘(3) Use as a high-hazard testing and training 

14 area for aerial gunnery, rocketry, electronic warfare 

15 and countermeasures, tactical maneuvering and air 

16 support, and directed energy and unmanned aerial 

17 systems. 

18 ‘‘(4) Geothermal leasing, development, and re19 lated power production activities. 

20 ‘‘(5) Other defense-related purposes consistent 

21 with the purposes specified in the preceding para22 graphs and authorized pursuant to section 2934 of 

23 this title. 

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1 eral lands located within the boundaries of the Naval Air 

2 Weapons Station China Lake, comprising approximately 

3 1,030,000 acres in Inyo, Kern, and San Bernardino Coun4 ties, California, as generally depicted on a map entitled 

5 ‘Naval Air Weapons Station China Lake Withdrawal—Re6 newal’, dated XX, xx, 2012, and filed in accordance with 

7 section 2932 of this title. 

8 ‘‘§ 2955b. Management of withdrawn and reserved 

9 lands 

10 ‘‘(a) MANAGEMENT BY THE SECRETARY OF THE IN11 TERIOR.—(1) Except as provided in subsection (b), during 

12 the period of the withdrawal and reservation of lands by 

13 this subchapter, the Secretary of the Interior shall manage 

14 the lands withdrawn and reserved by section 2955a of this 

15 title in accordance with this chapter, the Federal Land 

16 Policy and Management Act of 1976 (43 U.S.C. 1701 et 

17 seq.), and other applicable law. 

18 ‘‘(2) To the extent consistent with applicable law and 

19 Executive orders, the lands withdrawn by section 2955a 

20 of this title may be managed in a manner permitting the 

21 following activities: 

22 ‘‘(A) Grazing. 

23 ‘‘(B) Protection of wildlife and wildlife habitat. 

24 ‘‘(C) Preservation of cultural properties. 

25 ‘‘(D) Control of predatory and other animals. 


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1 ‘‘(E) Recreation and education. 

2 ‘‘(F) Prevention and appropriate suppression of 

3 brush and range fires resulting from non-military 

4 activities. 

5 ‘‘(G) Geothermal leasing and development and 

6 related power production activities. 

7 ‘‘(3) All non-defense-related uses of such lands, in8 cluding the uses described in paragraph (2), shall be sub9 ject to such conditions and restrictions as may be nec10 essary to permit the defense-related use of such lands for 

11 the purposes specified in or authorized pursuant to this 

12 chapter. 

13 ‘‘(b) ASSIGNMENT OF MANAGEMENT.—(1) The Sec14 retary of the Interior may assign the management respon15 sibility, in whole or in part, for the lands withdrawn and 

16 reserved by section 2955a of this title to the Secretary 

17 of the Navy who, if so assigned, shall manage such lands 

18 in accordance with this title, title I of the Sikes Act (16 

19 U.S.C. 670a et seq.), the Federal Land Policy and Man20 agement Act of 1976, and cooperative management ar21 rangements between the Secretary of the Interior and the 

22 Secretary of the Navy. Nothing in this subsection or sec23 tion 2935 of this title shall affect geothermal leases issued 

24 by the Secretary of the Interior before the date of the en25 actment of this subchapter, or the responsibility of the 


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1 Secretary of the Interior to administer and manage such 

2 leases, consistent with the provisions of this section. 

3 ‘‘(2) The Secretary of the Interior shall be respon4 sible for the issuance of any lease, easement, right-of-way, 

5 permit, license, or other instrument authorized by law with 

6 respect to any activity which involves both the lands with7 drawn and reserved by section 2955a of this title and any 

8 other lands not under the administrative jurisdiction of 

9 the Secretary of the Navy. Any such authorization shall 

10 be issued only with the consent of the Secretary of the 

11 Navy and shall be subject to such conditions as the Sec12 retary of the Navy may prescribe with regard to those 

13 lands withdrawn and reserved by section 2955a of this 

14 title. 

15 ‘‘(3) Neither this chapter nor any other provision of 

16 law shall be construed to prohibit the Secretary of the In17 terior from issuing and administering any lease pursuant 

18 to the Geothermal Steam Act of 1970 (30 U.S.C. 1001 

19 et seq.) and other applicable law for the development and 

20 utilization of geothermal steam and associated geothermal 

21 resources on the lands withdrawn and reserved by section 

22 2955a of this title, but such a lease may not be issued 

23 without the concurrence of the Secretary of the Navy. 

24 ‘‘(4) This chapter shall not affect the geothermal ex25 ploration and development authority of the Secretary of 


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1 the Navy under section 2917 of this title with respect to 

2 the lands withdrawn and reserved by section 2955a, except 

3 that the Secretary of the Navy shall obtain the concur4 rence of the Secretary of the Interior before taking action 

5 under section 2917. 

6 ‘‘(5) Upon the expiration of the withdrawal and res7 ervation or upon the relinquishment of the lands with8 drawn and reserved by section 2955a of this title, Navy 

9 contracts for the development of geothermal resources at 

10 Naval Air Weapons Station China Lake then in effect (as 

11 amended or renewed by the Navy after the date of the 

12 enactment of this subchapter) shall remain in effect, ex13 cept that the Secretary of the Interior, with the consent 

14 of the Secretary of the Navy, may offer to substitute a 

15 standard geothermal lease for any such contract. 

16 ‘‘(6) Any lease made pursuant to section 2935(d) of 

17 this title of lands withdrawn and reserved by section 

18 2955a of this title shall require the concurrence of the Sec19 retary of the Navy if the Secretary determines that the 

20 proposed lease may interfere with geothermal resources on 

21 those lands. 

22 ‘‘(7) The Secretary of the Navy shall be responsible 

23 for the management of wild horses and burros located on 

24 the lands withdrawn and reserved by section 2955a of this 

25 title and may use helicopters and motorized vehicles for 


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1 such purpose. Such management shall be conducted in ac2 cordance with laws applicable to such management on 

3 public lands. The Secretary of the Interior and the Sec4 retary of the Navy shall enter into an agreement for imple5 mentation of such management. 

6 ‘‘(c) CONTINUATION OF EXISTING AGREEMENT.— 

7 The agreement between the Secretary of the Interior and 

8 the Secretary of the Navy entered into before the date of 

9 the enactment of this subchapter pursuant to section 805 

10 of the California Military Lands Withdrawal and Over11 flights Act of 1994 shall continue in effect until the earlier 

12 of— 

13 ‘‘(1) the date on which the Secretaries enter 

14 into a new agreement; or 

15 ‘‘(2) the date that is one year after the date of 

16 the enactment of this subchapter. 

17 ‘‘(d) COOPERATION IN DEVELOPMENT OF MANAGE18 MENT PLAN.—(1) The Secretary of the Navy and the Sec19 retary of the Interior shall update and maintain coopera20 tive arrangements concerning land resources and land 

21 uses on the lands withdrawn and reserved by section 

22 2955a of this title. 

23 ‘‘(2) Cooperative arrangements under paragraph (1) 

24 shall focus on and apply to sustainable management and 

25 protection of the natural and cultural resources and enviVerDate Mar 15 2010 23:16 May 14, 2014 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6401 E:\BILLS\S1309.RS S1309

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1 ronmental values found on such withdrawn and reserved 

2 lands, consistent with the defense-related purposes for 

3 which those lands are withdrawn and reserved. 

4 ‘‘(3) Each cooperative arrangement under paragraph 

5 (1) shall include a comprehensive land use management 

6 plan which shall integrate and be consistent with all appli7 cable law, including the requirements of title I of the Sikes 

8 Act and the Federal Land Policy and Management Act 

9 of 1976. Each such management plan shall be reviewed 

10 annually and shall be updated, as needed, in response to 

11 evolving management requirements and to complement the 

12 updates of other applicable land use and resource manage13 ment and planning. 

14 ‘‘(e) IMPLEMENTING AGREEMENT.—(1) The Sec15 retary of the Interior and the Secretary of the Navy may 

16 enter into a written agreement to implement the com17 prehensive land use management plan developed under 

18 subsection (d). 

19 ‘‘(2) An agreement under paragraph (1) shall include 

20 a provision for periodic review of the agreement for its 

21 adequacy, effectiveness, and need for revision. 

22 ‘‘(3) The duration of an agreement under paragraph 

23 (1) shall be the same as the period of the withdrawal and 

24 reservation of lands under this subchapter, but may be 

25 amended from time to time. 


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1 ‘‘§ 2955c. Duration of withdrawal and reservation 

2 ‘‘The withdrawal and reservation made by this sub3 chapter shall terminate on March 31, 2039. 

4 ‘‘SUBCHAPTER III—LIMESTONE HILLS, 

5 MONTANA 

‘‘Sec. 

‘‘2957a. Withdrawal and reservation. 

‘‘2957b. Management of withdrawn and reserved lands. 

‘‘2957c. Duration of withdrawal and reservation. 

‘‘2957d. Special rules governing minerals management. 

‘‘2957e. Grazing. 

6 ‘‘§ 2957a. Withdrawal and reservation 

7 ‘‘(a) WITHDRAWAL.—Subject to valid existing rights 

8 and except as otherwise provided in this subchapter, the 

9 public lands and interests in lands described in subsection 

10 (c), and all other areas within the boundary of such lands 

11 as depicted on the map provided for by section 2932 of 

12 this title which may become subject to the operation of 

13 the public land laws, are hereby withdrawn from all forms 

14 of appropriation under the public land laws, including the 

15 mining laws and the mineral leasing and geothermal leas16 ing laws. 

17 ‘‘(b) RESERVATION.—The lands withdrawn by sub18 section (a) are reserved for use by the Secretary of the 

19 Army for the following purposes: 

20 ‘‘(1) The conduct of training for active and re21 serve components of the armed forces. 


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1 ‘‘(2) The conduct of training by the Montana 

2 Department of Military Affairs; any such use may 

3 not interfere with purposes specified in paragraphs 

4 (1) and (3). 

5 ‘‘(3) The construction, operation, and mainte6 nance of organizational support and maintenance fa7 cilities for component units conducting training. 

8 ‘‘(4) Other defense-related purposes consistent 

9 with the purposes specified in the preceding para10 graphs and authorized pursuant to section 2934 of 

11 this title. 

12 ‘‘(5) The conduct of training by State and local 

13 law enforcement agencies, civil defense organiza14 tions, and public education institutions; any such use 

15 may not interfere with military training activities. 

16 ‘‘(c) LAND DESCRIPTION.—The public lands and in17 terests in lands referred to in subsection (a) are the Fed18 eral lands comprising approximately 18,644 acres in 

19 Broadwater County, Montana, as generally depicted as 

20 ‘Proposed Land Withdrawal’ on the map entitled ‘Lime21 stone Hills Training Area Land Withdrawal’ dated 

22 lllll, and filed in accordance with section 2932 of 

23 this title. 

24 ‘‘(d) INDIAN TRIBES.—Nothing in this subchapter 

25 shall be construed as altering any rights reserved for an 


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1 Indian tribe for tribal use by treaty or Federal law. Sub2 ject to section 2933 of this title, the Secretary of the Army 

3 shall consult with any Indian tribe in the vicinity of the 

4 lands withdrawn and reserved by this section before taking 

5 action affecting tribal rights or cultural resources pro6 tected by treaty or Federal law. 

7 ‘‘§ 2957b. Management of withdrawn and reserved 

8 lands 

9 ‘‘During the period of the withdrawal and reservation 

10 made by this subchapter, the Secretary of the Army shall 

11 manage the lands withdrawn and reserved by this sub12 chapter for the purposes specified in section 2957a of this 

13 title. 

14 ‘‘§ 2957c. Duration of withdrawal and reservation 

15 ‘‘(a) TERM.—The withdrawal and reservation made 

16 by this subchapter shall terminate on March 31, 2039. 

17 ‘‘(b) EXTENSION OF TERM.—Notwithstanding sec18 tion 2940 of this title, in accordance with section 2 of the 

19 Act of February 28, 1958, Public Law 85–337 (72 STAT. 

20 27), commonly known as the ‘Engle Act’ (43 U.S.C. 156), 

21 if an application is filed by the Secretary of the Army in 

22 accordance with section 2941 of this title, the Secretary 

23 of the Interior may use the authority and procedures 

24 under section 204 of the Federal Land Policy and Man25 agement Act of 1976 (43 U.S.C. 1714) to extend the withVerDate Mar 15 2010 23:16 May 14, 2014 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6401 E:\BILLS\S1309.RS S1309

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1 drawal and reservation made by this subchapter for an 

2 additional term not to exceed 20 years in accordance with 

3 that section and other applicable law. 

4 ‘‘§ 2957d. Special rules governing minerals manage5 ment 

6 ‘‘(a) INDIAN CREEK MINE.—Locatable mineral ac7 tivities in the approved Indian Creek Mine, plan of oper8 ations MTM–78300, shall be regulated pursuant to sub9 parts 3715 and 3809 of title 43, Code of Federal Regula10 tions. Notwithstanding section 2935 of this title, the Sec11 retary of the Army shall make no determination that the 

12 disposition of or exploration for minerals as provided for 

13 in the approved plan of operations is inconsistent with the 

14 military uses of such lands. The coordination of such dis15 position of and exploration for minerals with military uses 

16 of such lands shall be determined pursuant to procedures 

17 in an agreement provided for under subsection (d). 

18 ‘‘(b) REMOVAL OF UNEXPLODED ORDNANCE ON

19 LANDS TO BE MINED.—The Secretary of the Army shall 

20 request funding for and, subject to the availability of such 

21 funds, shall remove unexploded ordnance on lands with22 drawn and reserved by this subchapter which are subject 

23 to mining under subsection (a), consistent with applicable 

24 Federal and State law. The Secretary of the Army may 

25 engage in such removal of unexploded ordnance in phases 


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1 to accommodate the development of the Indian Creek Mine 

2 pursuant to subsection (a). 

3 ‘‘(c) REPORT ON REMOVAL ACTIVITIES.—The Sec4 retary of the Army shall annually submit to the Secretary 

5 of the Interior a report regarding the unexploded ordnance 

6 removal activities for the previous fiscal year performed 

7 pursuant to subsection (b). The report shall include the 

8 amounts of funding expended for unexploded ordnance re9 moval on such lands. 

10 ‘‘(d) IMPLEMENTATION AGREEMENT FOR MINING

11 ACTIVITIES.—(1) The Secretary of the Interior and the 

12 Secretary of the Army shall enter into an agreement to 

13 implement this section with regard to coordination of de14 fense-related uses and mining and the ongoing removal of 

15 unexploded ordnance. The agreement shall provide the fol16 lowing: 

17 ‘‘(A) Procedures that will be used to facilitate 

18 day-to-day joint-use of the Limestone Hills Training 

19 Area. 

20 ‘‘(B) Procedures for access through mining op21 erations covered by this section to training areas 

22 within the boundaries of the Limestone Hills Train23 ing Area. 

24 ‘‘(C) Procedures for scheduling of the removal 

25 of unexploded ordnance. 


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1 ‘‘(2) The Secretary of the Interior and the Secretary 

2 of the Army shall invite Graymont Western US, Inc., or 

3 any successor or assign of the approved Indian Creek Mine 

4 mining plan of operations, MTM–78300, to be a party to 

5 the agreement. 

6 ‘‘§ 2957e. Grazing 

7 ‘‘(a) ISSUANCE AND ADMINISTRATION OF PERMITS

8 AND LEASES.—The issuance and administration of graz9 ing permits and leases, including their renewal, on the 

10 lands withdrawn and reserved by this subchapter shall be 

11 managed by the Secretary of the Interior consistent with 

12 all applicable laws, regulations, and policies of the Sec13 retary of the Interior relating to such permits and leases. 

14 ‘‘(b) SAFETY REQUIREMENTS.—With respect to any 

15 grazing permit or lease issued after the date of enactment 

16 of this subchapter for lands withdrawn and reserved by 

17 this subchapter, the Secretary of the Interior and the Sec18 retary of the Army shall jointly establish procedures that 

19 are consistent with Department of the Army explosive and 

20 range safety standards and that provide for the safe use 

21 of any such lands. 

22 ‘‘(c) ASSIGNMENT.—The Secretary of the Interior 

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

24 assign the authority to issue and to administer grazing 

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


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1 that such an assignment may not include the authority 

2 to discontinue grazing on the lands withdrawn and re3 served by this subchapter. 

4 ‘‘SUBCHAPTER IV—CHOCOLATE MOUNTAIN, 

5 CALIFORNIA 

‘‘Sec. 

‘‘2959a. Withdrawal and reservation. 

‘‘2959b. Management of withdrawn and reserved lands. 

‘‘2959c. Duration of withdrawal and reservation. 

‘‘2959d. Access. 

6 ‘‘§ 2959a. Withdrawal and reservation 

7 ‘‘(a) WITHDRAWAL.—Subject to valid existing rights 

8 and except as otherwise provided in this subchapter, the 

9 public lands and interests in lands described in subsection 

10 (c), and all other areas within the boundary of such lands 

11 as depicted on the map provided for by section 2932 of 

12 this title which may become subject to the operation of 

13 the public land laws, are hereby withdrawn from all forms 

14 of appropriation under the public land laws, including the 

15 mining laws and the mineral leasing and geothermal leas16 ing laws. 

17 ‘‘(b) RESERVATION.—The lands withdrawn by sub18 section (a) are reserved for use by the Secretary of the 

19 Navy for the following purposes: 

20 ‘‘(1) Testing and training for aerial bombing, 

21 missile firing, tactical maneuvering, and air support. 


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1 ‘‘(2) Small unit ground forces training, includ2 ing artillery firing, demolition activities, and small 

3 arms field training. 

4 ‘‘(3) Other defense-related purposes consistent 

5 with the purposes specified in the preceding para6 graphs and authorized pursuant to section 2934 of 

7 this title. 

8 ‘‘(c) LAND DESCRIPTION.—The public lands and in9 terests in lands referred to in subsection (a) are the Fed10 eral lands comprising approximately 228,325 acres in Im11 perial and Riverside Counties, California, as generally de12 picted on a map entitled ‘Chocolate Mountain Aerial Gun13 nery Range Proposed—Withdrawal’, said map originally 

14 dated 1987, with revised dating to July 1993, prepared 

15 by Department of the Navy, Naval Facilities Engineering 

16 Command, identified as WESTDIV Drawing No. C– 

17 102370, on file with the Department of the Interior, Bu18 reau of Land Management, California State Office, and 

19 filed in accordance with section 2932 of this title. 

20 ‘‘§ 2959b. Management of withdrawn and reserved 

21 lands 

22 ‘‘(a) MANAGEMENT BY THE SECRETARY OF THE IN23 TERIOR.—Except as provided in subsection (b), during the 

24 period of the withdrawal and reservation of lands by this 

25 subchapter, the Secretary of the Interior shall manage the 


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1 lands withdrawn and reserved by section 2959a of this 

2 title in accordance with this chapter, the Federal Land 

3 Policy and Management Act of 1976 (43 U.S.C. 1701 et 

4 seq.), and other applicable law. 

5 ‘‘(b) ASSIGNMENT OF MANAGEMENT TO THE SEC6 RETARY OF THE NAVY.—The Secretary of the Interior 

7 may assign the management responsibility, in whole or in 

8 part, for the lands withdrawn and reserved by section 

9 2959a of this title to the Secretary of the Navy. If the 

10 Secretary of the Navy accepts such assignment, that Sec11 retary shall manage such lands in accordance with this 

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

13 and other applicable law. 

14 ‘‘(c) IMPLEMENTING AGREEMENT.—(1) The Sec15 retary of the Interior and the Secretary of the Navy may 

16 enter into a written agreement to implement the assign17 ment of management responsibility pursuant to subsection 

18 (b). 

19 ‘‘(2) An agreement under paragraph (1) shall include 

20 a provision for periodic review of the agreement for its 

21 adequacy, effectiveness, and need for revision. 

22 ‘‘(3) The duration of an agreement under paragraph 

23 (1) shall be the same as the period of the withdrawal and 

24 reservation of lands under this subchapter, but may be 

25 amended from time to time. 


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1 ‘‘(d) ACCESS AGREEMENT.—The Secretary of the In2 terior and the Secretary of the Navy may enter into a writ3 ten agreement to address access to and maintenance of 

4 Bureau of Reclamation facilities located within the bound5 ary of the Chocolate Mountains Aerial Gunnery Range. 

6 ‘‘§ 2959c. Duration of withdrawal and reservation 

7 ‘‘The withdrawal and reservation made by this sub8 chapter shall terminate on March 31, 2039. 

9 ‘‘§ 2959d. Access 

10 ‘‘Notwithstanding section 2933 of this title, the lands 

11 withdrawn and reserved by section 2959a of this title, 

12 other than those constituting the Bradshaw Trail, are 

13 closed to the public and all uses, other than those author14 ized by section 2959a(b) of this title or pursuant to section 

15 2934 of this title, shall be subject to such conditions and 

16 restrictions as may be necessary to prevent any inter17 ference with the uses authorized by section 2959a(b) of 

18 this title or pursuant to section 2934 of this title. 

19 ‘‘SUBCHAPTER V—TWENTYNINE PALMS, 

20 CALIFORNIA 

‘‘Sec. 

‘‘2961a. Withdrawal and reservation. 

‘‘2961b. Management of withdrawn and reserved lands. 

‘‘2961c. Duration of withdrawal and reservation. 

21 ‘‘§ 2961a. Withdrawal and reservation 

22 ‘‘(a) WITHDRAWAL.—Subject to valid existing rights 

23 and except as otherwise provided in this subchapter, the 


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1 public lands and interests in lands described in subsection 

2 (d), and all other areas within the boundary of such lands 

3 as depicted on the map provided for by section 2932 of 

4 this title which may become subject to the operation of 

5 the public land laws, are hereby withdrawn from all forms 

6 of appropriation under the public land laws, including the 

7 mining laws and the mineral leasing and geothermal leas8 ing laws. 

9 ‘‘(b) RESERVATION FOR SECRETARY OF THE

10 NAVY.—The lands withdrawn by subsection (a) consti11 tuting the Exclusive Military Use Area are reserved for 

12 use by the Secretary of the Navy for the following pur13 poses: 

14 ‘‘(1) Sustained, combined arms, live-fire, and 

15 maneuver field training for large-scale Marine air 

16 ground task forces. 

17 ‘‘(2) Individual and unit live-fire training 

18 ranges. 

19 ‘‘(3) Equipment and tactics development. 

20 ‘‘(4) Other defense-related purposes consistent 

21 with the purposes specified in the preceding para22 graphs and authorized pursuant to section 2934 of 

23 this title. 

24 ‘‘(c) RESERVATION FOR SECRETARY OF THE INTE25 RIOR.—The lands withdrawn by subsection (a) constiVerDate Mar 15 2010 23:16 May 14, 2014 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6401 E:\BILLS\S1309.RS S1309

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1 tuting the Shared Use Area are reserved for use by the 

2 Secretary of the Navy for the purposes specified in sub3 section (b) and for the Secretary of the Interior for the 

4 following purposes: 

5 ‘‘(1) Public recreation when not used for mili6 tary training and having been determined as suitable 

7 for public use. 

8 ‘‘(2) Natural resources conservation. 

9 ‘‘(d) LAND DESCRIPTION.—The public lands and in10 terests in lands referred to in subsection (a) are the Fed11 eral lands comprising approximately 154,663 acres in San 

12 Bernardino County, California, as generally depicted on 

13 a map entitled lll, dated lll, and filed in accord14 ance with section 2932 of this title. Such lands are divided 

15 into two areas, as follows: 

16 ‘‘(1) The Exclusive Military Use Area, divided 

17 into four areas, consisting of one area to the west 

18 of the Marine Corps Air Ground Combat Center of 

19 approximately 103,618 acres, one area south of the 

20 Marine Corps Air Ground Combat Center of ap21 proximately 21,304 acres, and two other areas, each 

22 measuring approximately 300 meters square, located 

23 inside the boundaries of the Shared Use Area. 

24 ‘‘(2) The Shared Use Area, consisting of ap25 proximately 36,755 acres. 


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1 ‘‘§ 2961b. Management of withdrawn and reserved 

2 lands 

3 ‘‘(a) MANAGEMENT BY THE SECRETARY OF THE

4 NAVY.—During the period of withdrawal and reservation 

5 of lands by this subchapter, the Secretary of the Navy 

6 shall, subject to subsection (b), manage the lands with7 drawn and reserved by section 2961a of this title for the 

8 purposes specified in such section pursuant to— 

9 ‘‘(1) an integrated natural resources manage10 ment plan prepared and implemented pursuant to 

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

12 ‘‘(2) this title; and 

13 ‘‘(3) a programmatic agreement between the 

14 United States Marine Corps and the California 

15 State Historic Preservation Officer regarding oper16 ation, maintenance, training, and construction at the 

17 United States Marine Air Ground Task Force 

18 Training Command, Marine Corps Air Ground Com19 bat Center, Twentynine Palms, California. 

20 ‘‘(b) MANAGEMENT BY THE SECRETARY OF THE IN21 TERIOR.—(1) During the period of withdrawal and res22 ervation of lands by this subchapter, the Secretary of the 

23 Interior shall manage the Shared Use Area except for two 

24 30-day periods each year when such lands are exclusively 

25 used by the Secretary of the Navy for military training 


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1 purposes, during which time the Secretary of the Navy 

2 shall manage such lands. 

3 ‘‘(2) The Secretary of the Interior, during the period 

4 of the Secretary’s management pursuant to paragraph (1), 

5 shall manage the Shared Use Area for the purposes speci6 fied in section 2961a(c) of this title in accordance with— 

7 ‘‘(A) the Federal Land Policy and Management 

8 Act of 1976 (43 U.S.C. 1701 et seq.); and 

9 ‘‘(B) any other applicable law and regulations. 

10 ‘‘(3) The Secretary of the Navy, during the period 

11 of the Secretary’s management pursuant to paragraph (1), 

12 shall manage the Shared Use Area for the purposes speci13 fied in section 2961a(b) of this title in accordance with— 

14 ‘‘(A) an integrated natural resources manage15 ment plan prepared and implemented in accordance 

16 with title I of the Sikes Act (16 U.S.C. 670a et 

17 seq.); 

18 ‘‘(B) this title; and 

19 ‘‘(C) the programmatic agreement referred to in 

20 subsection (a)(3). 

21 ‘‘(c) PUBLIC ACCESS.—(1) Notwithstanding section 

22 2933 of this title, the Exclusive Military Use Area shall 

23 be closed to all public access unless otherwise authorized 

24 by the Secretary of the Navy. 


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1 ‘‘(2) The Shared Use Area shall be open to public 

2 recreational use during the period it is under the manage3 ment of the Secretary of the Interior, but only after being 

4 determined as suitable for public use by the Secretary of 

5 the Navy. Any such determination shall not be unreason6 ably withheld. 

7 ‘‘(3)(A) The Secretary of the Navy and the Secretary 

8 of the Interior, by agreement, shall establish a Resource 

9 Management Group comprised of representatives of the 

10 Departments of the Interior and Navy. 

11 ‘‘(B) The Group shall— 

12 ‘‘(i) develop and implement a public outreach 

13 plan to inform the public of the land uses changes 

14 and safety restrictions affecting the withdrawn 

15 lands; and 

16 ‘‘(ii) advise the Secretaries of the Interior and 

17 Navy as to all issues associated with the multiple 

18 uses of the Shared Use Area. 

19 ‘‘(C) The Group shall meet at least once a year and 

20 shall seek information from relevant California State 

21 agencies, private off-highway vehicle interest groups, event 

22 managers, environmental advocacy groups, and others re23 lating to the management and facilitation of recreational 

24 use within the Shared Use Area. 


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1 ‘‘(4) Military training within the Shared Use Area 

2 shall not be conditioned on, nor shall such training be pre3 cluded by— 

4 ‘‘(A) the lack of a Department of the Interior 

5 developed and implemented recreation management 

6 plan or land use management plan for the Shared 

7 Use Area; or 

8 ‘‘(B) any legal or administrative challenge to 

9 any such recreation management plan or land use 

10 plan document. 

11 ‘‘(5) The Shared Use Area shall be managed so as 

12 not to compromise the ability of the Department of the 

13 Navy to conduct military training in the Area. 

14 ‘‘(d) IMPLEMENTATION AGREEMENT.—The Sec15 retary of the Interior and the Secretary of the Navy shall 

16 enter into a written agreement to implement the manage17 ment responsibility relating to the Shared Use Area. The 

18 agreement— 

19 ‘‘(1) shall include a provision for periodic review 

20 of the agreement for its adequacy, effectiveness, and 

21 need for revision; 

22 ‘‘(2) shall have a duration which shall be the 

23 same as the period of the withdrawal and reserva24 tion of lands under this subchapter, but may be 

25 amended from time to time; 


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1 ‘‘(3) may provide for the integration of the 

2 management plans required of the Secretaries of the 

3 Interior and Navy by this chapter; 

4 ‘‘(4) may provide for delegation to civilian law 

5 enforcement personnel of the Department of the 

6 Navy of the authority of the Secretary of the Inte7 rior to enforce the laws relating to protection of nat8 ural and cultural resources and of fish and wildlife; 

9 and 

10 ‘‘(5) may provide for the Secretaries of the In11 terior and Navy to share resources in order to most 

12 efficiently and effectively manage the Shared Use 

13 Area. 

14 ‘‘(e) JOHNSON VALLEY OFF-HIGHWAY VEHICLE

15 RECREATION AREA.— 

16 ‘‘(1) DESIGNATION.—Approximately 45,000 

17 acres (as depicted on the map referred to in section 

18 2961a of this title) of the existing Bureau of Land 

19 Management-designated Johnson Valley Off-High20 way Vehicle Area that are not withdrawn and re21 served for defense-related uses by this subchapter, 

22 together with the Shared Use Area, are hereby des23 ignated as the ‘Johnson Valley Off-Highway Vehicle 

24 Recreation Area’. 


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1 ‘‘(2) AUTHORIZED ACTIVITIES.—To the extent 

2 consistent with applicable Federal law and regula3 tions and this chapter, any authorized recreation ac4 tivities and use designation in effect on the date of 

5 the enactment of this subchapter and applicable to 

6 the Johnson Valley Off-Highway Vehicle Recreation 

7 Area may continue, including casual off-highway ve8 hicular use, racing, competitive events, rock crawl9 ing, training, and other forms of off-highway recre10 ation. 

11 ‘‘(3) ADMINISTRATION.—The Secretary of the 

12 Interior shall administer the Johnson Valley Off13 Highway Vehicle Recreation Area (other than that 

14 portion consisting of the Shared Use Area the man15 agement of which is addressed elsewhere in this sec16 tion) in accordance with the Federal Land Policy 

17 and Management Act of 1976 (43 U.S.C. 1701 et 

18 seq.) and other applicable laws and regulations. 

19 ‘‘(4) TRANSIT.—In coordination with the Sec20 retary of the Interior, the Secretary of the Navy 

21 may authorize transit through the Johnson Valley 

22 Off-Highway Vehicle Recreation Area for defense-re23 lated purposes supporting military training (includ24 ing military range management and management of 


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1 exercise activities) conducted on the lands withdrawn 

2 and reserved by this subchapter. 

3 ‘‘§ 2961c. Duration of withdrawal and reservation 

4 ‘‘The withdrawal and reservation made by this sub5 chapter shall terminate on March 31, 2039.’’. 

6 (b) COMPENSATION TO BROADWATER COUNTY, MON7 TANA.—The Secretary of the Army may pay Broadwater 

8 County, Montana, a one-time lump sum payment of 

9 $1,000,000 to offset the 25-year loss of payments in lieu 

10 of taxes provided to the County by the Federal Govern11 ment for lands withdrawn and reserved by subchapter III 

12 of chapter 174 of title 10, United States Code, as added 

13 by subsection (a). 

14 (c) TERMINATION OF PRIOR WITHDRAWALS.—The 

15 withdrawal and reservation contained in section 803(a) of 

16 the California Military Lands Withdrawal and Overflights 

17 Act of 1994 is hereby terminated. Notwithstanding such 

18 termination, all rules, regulations, orders, permits, and 

19 other privileges issued or granted by the Secretary of the 

20 Interior or a Secretary concerned with respect to the lands 

21 withdrawn and reserved under such section, unless incon22 sistent with the provisions of chapter 174 of title 10, 

23 United States Code, as added by subsection (a), shall re24 main in force until modified, suspended, overruled, or othVerDate Mar 15 2010 23:16 May 14, 2014 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6401 E:\BILLS\S1309.RS S1309

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1 erwise changed by that Secretary, by a court of competent 

2 jurisdiction, or by operation of law. 

3 (d) CLERICAL AMENDMENT.—The table of chapters 

4 at the beginning of subtitle A of such title and at the be5 ginning of part IV of such subtitle are each amended by 

6 inserting after the item relating to chapter 173 the fol7 lowing new item: 

‘‘174. Land Withdrawals ......................................................................... 2931’’. 

8 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

9 (a) SHORT TITLE.—This Act may be cited as the 

10 ‘‘Military Land Withdrawals Act of 2014’’. 

11 (b) TABLE OF CONTENTS.—The table of contents of this 

12 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. 

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. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 

4 the meaning given the term in section 102 of the Fed5 erally Recognized Indian Tribe List Act of 1994 (25 

6 U.S.C. 479a). 

7 (2) MANAGE; MANAGEMENT.— 

8 (A) INCLUSIONS.—The terms ‘‘manage’’ and 

9 ‘‘management’’ include the authority to exercise 

10 jurisdiction, custody, and control over the land 

11 withdrawn and reserved by title II. 

12 (B) EXCLUSIONS.—The terms ‘‘manage’’ 

13 and ‘‘management’’ do not include authority for 

14 disposal of the land withdrawn and reserved by 

15 title II. 

16 (3) SECRETARY CONCERNED.—The term ‘‘Sec17 retary concerned’’ has the meaning given the term in 

18 section 101(a) of title 10, United States Code. 

19 TITLE I—GENERAL PROVISIONS 

20 SEC. 101. GENERAL APPLICABILITY; DEFINITIONS. 

21 (a) APPLICABILITY OF TITLE.—The provisions of this 

22 title apply to any withdrawal made by this Act. 

23 (b) RULES OF CONSTRUCTION.—Nothing in this title 

24 assigns management of real property under the administra25 tive jurisdiction of the Secretary concerned to the Secretary 

26 of the Interior. 


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1 SEC. 102. MAPS AND LEGAL DESCRIPTIONS. 

2 (a) PREPARATION OF MAPS AND LEGAL DESCRIP3 TIONS.—As soon as practicable after the date of enactment 

4 of this Act, the Secretary of the Interior shall— 

5 (1) publish in the Federal Register a notice con6 taining the legal description of the land withdrawn 

7 and reserved by title II; and 

8 (2) file maps and legal descriptions of the land 

9 withdrawn and reserved by title II with— 

10 (A) the Committee on Armed Services and 

11 the Committee on Energy and Natural Resources 

12 of the Senate; and 

13 (B) the Committee on Armed Services and 

14 the Committee on Natural Resources of the 

15 House of Representatives. 

16 (b) LEGAL EFFECT.—The maps and legal descriptions 

17 filed under subsection (a)(2) shall have the same force and 

18 effect as if the maps and legal descriptions were included 

19 in this Act, except that the Secretary of the Interior may 

20 correct any clerical and typographical errors in the maps 

21 and legal descriptions. 

22 (c) AVAILABILITY.—Copies of the maps and legal de23 scriptions filed under subsection (a)(2) shall be available 

24 for public inspection— 

25 (1) in the appropriate offices of the Bureau of 

26 Land Management; 


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1 (2) in the office of the commanding officer of the 

2 military installation for which the land is with3 drawn; and 

4 (3) if the military installation is under the man5 agement of the National Guard, in the office of the 

6 Adjutant General of the State in which the military 

7 installation is located. 

8 (d) COSTS.—The Secretary concerned shall reimburse 

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

10 Secretary of the Interior in implementing this section. 

11 SEC. 103. ACCESS RESTRICTIONS. 

12 (a) IN GENERAL.—If the Secretary concerned deter13 mines that military operations, public safety, or national 

14 security require the closure to the public of any road, trail, 

15 or other portion of land withdrawn and reserved by this 

16 Act, the Secretary may take such action as the Secretary 

17 determines to be necessary to implement and maintain the 

18 closure. 

19 (b) LIMITATION.—Any closure under subsection (a) 

20 shall be limited to the minimum area and duration that 

21 the Secretary concerned determines are required for the pur22 poses of the closure. 

23 (c) CONSULTATION REQUIRED.— 

24 (1) IN GENERAL.—Subject to paragraph (3), be25 fore a closure is implemented under this section, the 


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1 Secretary concerned shall consult with the Secretary 

2 of the Interior. 

3 (2) INDIAN TRIBE.—Subject to paragraph (3), if 

4 a closure proposed under this section may affect ac5 cess to or use of sacred sites or resources considered 

6 to be important by an Indian tribe, the Secretary 

7 concerned shall consult, at the earliest practicable 

8 date, with the affected Indian tribe. 

9 (3) LIMITATION.—No consultation shall be re10 quired under paragraph (1) or (2)— 

11 (A) if the closure is provided for in an inte12 grated natural resources management plan, an 

13 installation cultural resources management plan, 

14 or a land use management plan; or 

15 (B) in the case of an emergency, as deter16 mined by the Secretary concerned. 

17 (d) NOTICE.—Immediately preceding and during any 

18 closure implemented under subsection (a), the Secretary 

19 concerned shall post appropriate warning notices and take 

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

21 SEC. 104. CHANGES IN USE. 

22 (a) OTHER USES AUTHORIZED.—In addition to the 

23 purposes described in title II, the Secretary concerned may 

24 authorize the use of land withdrawn and reserved by this 

25 Act for defense-related purposes. 


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1 (b) NOTICE TO SECRETARY OF THE INTERIOR.— 

2 (1) IN GENERAL.—The Secretary concerned shall 

3 promptly notify the Secretary of the Interior if the 

4 land withdrawn and reserved by this Act is used for 

5 additional defense-related purposes. 

6 (2) REQUIREMENTS.—A notification under 

7 paragraph (1) shall specify— 

8 (A) each additional use; 

9 (B) the planned duration of each additional 

10 use; and 

11 (C) the extent to which each additional use 

12 would require that additional or more stringent 

13 conditions or restrictions be imposed on other14 wise-permitted nondefense-related uses of the 

15 withdrawn and reserved land or portions of 

16 withdrawn and reserved land. 

17 SEC. 105. AUTHORIZATIONS FOR NONDEFENSE-RELATED 

18 USES. 

19 (a) AUTHORIZATIONS BY THE SECRETARY OF THE IN20 TERIOR.—Subject to the applicable withdrawals under title 

21 II, with the consent of the Secretary concerned, the Sec22 retary of the Interior may authorize the use, occupancy, or 

23 development of the land withdrawn and reserved by this 

24 Act. 


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1 (b) AUTHORIZATIONS BY THE SECRETARY CON2 CERNED.—The Secretary concerned may authorize the use, 

3 occupancy, or development of the land withdrawn and re4 served by this Act— 

5 (1) for a defense-related purpose; or 

6 (2) subject to the consent of the Secretary of the 

7 Interior, for a non-defense-related purpose. 

8 (c) FORM OF AUTHORIZATION.—An authorization 

9 under this section may be provided by lease, easement, 

10 right-of-way, permit, license, or other instrument author11 ized by law. 

12 (d) PREVENTION OF DRAINAGE OF OIL OR GAS RE13 SOURCES.— 

14 (1) IN GENERAL.—For the purpose of preventing 

15 drainage of oil or gas resources, the Secretary of the 

16 Interior may lease land otherwise withdrawn from 

17 operation of the mineral leasing laws and reserved for 

18 defense-related purposes under this Act, under such 

19 terms and conditions as the Secretary determines to 

20 be appropriate. 

21 (2) CONSENT REQUIRED.—No surface occupancy 

22 may be approved by the Secretary of the Interior 

23 under this Act without the consent of the Secretary 

24 concerned. 


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1 (3) COMMUNITIZATION.—The Secretary of the 

2 Interior may unitize or consent to communitization 

3 of land leased under paragraph (1). 

4 (4) REGULATIONS.—The Secretary of the Inte5 rior may promulgate regulations to implement this 

6 subsection. 

7 SEC. 106. BRUSH AND RANGE FIRE PREVENTION AND SUP8 PRESSION. 

9 (a) REQUIRED ACTIVITIES.—The Secretary concerned 

10 shall, consistent with any applicable land management 

11 plan, take necessary precautions to prevent, and actions to 

12 suppress, brush and range fires occurring as a result of 

13 military activities on the land withdrawn and reserved by 

14 this Act, including fires that occur on other land that 

15 spread from the withdrawn and reserved land. 

16 (b) COOPERATION OF SECRETARY OF THE INTE17 RIOR.— 

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

19 concerned, the Secretary of the Interior shall— 

20 (A) provide assistance in the suppression of 

21 fires under subsection (a); and 

22 (B) be reimbursed by the Secretary con23 cerned for the costs of the Secretary of the Inte24 rior in providing the assistance. 


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1 (2) TRANSFER OF FUNDS.—Notwithstanding sec2 tion 2215 of title 10, United States Code, the Sec3 retary concerned may transfer to the Secretary of the 

4 Interior, in advance, funds to reimburse the costs of 

5 the Department of the Interior in providing assist6 ance under this subsection. 

7 SEC. 107. ONGOING DECONTAMINATION. 

8 (a) IN GENERAL.—During the period of a withdrawal 

9 and reservation of land under this Act, the Secretary con10 cerned shall maintain a program of decontamination of 

11 contamination caused by defense-related uses on the with12 drawn land— 

13 (1) to the extent funds are available to carry out 

14 this subsection; and 

15 (2) consistent with applicable Federal and State 

16 law. 

17 (b) ANNUAL REPORT.—The Secretary of Defense shall 

18 include in the annual report required by section 2711 of 

19 title 10, United States Code, a description of decontamina20 tion activities conducted under subsection (a) 

21 SEC. 108. WATER RIGHTS. 

22 (a) NO RESERVATION OF WATER RIGHTS.—Nothing 

23 in this Act— 


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1 (1) establishes a reservation of the United States 

2 with respect to any water or water right on the land 

3 withdrawn and reserved by this Act; or 

4 (2) authorizes the appropriation of water on the 

5 land withdrawn and reserved by this Act, except in 

6 accordance with applicable State law. 

7 (b) EFFECT ON PREVIOUSLY ACQUIRED OR RESERVED

8 WATER RIGHTS.— 

9 (1) IN GENERAL.—Nothing in this section affects 

10 any water rights acquired or reserved by the United 

11 States before the date of enactment of this Act. 

12 (2) AUTHORITY OF SECRETARY CONCERNED.— 

13 The Secretary concerned may exercise any water 

14 rights described in paragraph (1). 

15 SEC. 109. HUNTING, FISHING, AND TRAPPING. 

16 Section 2671 of title 10, United States Code, shall 

17 apply to all hunting, fishing, and trapping on the land— 

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

19 and 

20 (2) for which management of the land has been 

21 assigned to the Secretary concerned. 

22 SEC. 110. LIMITATION ON EXTENSIONS AND RENEWALS. 

23 The withdrawals and reservations established under 

24 this Act may not be extended or renewed except by a law 

25 enacted after the date of enactment of this Act. 


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1 SEC. 111. APPLICATION FOR RENEWAL OF A WITHDRAWAL 

2 AND RESERVATION. 

3 To the extent practicable, not later than 5 years before 

4 the date of termination of a withdrawal and reservation 

5 established by this Act, the Secretary concerned shall— 

6 (1) notify the Secretary of the Interior as to 

7 whether the Secretary concerned will have a con8 tinuing defense-related need for any of the land with9 drawn and reserved by this Act after the termination 

10 date of the withdrawal and reservation; and 

11 (2) transmit a copy of the notice submitted 

12 under paragraph (1) to— 

13 (A) the Committee on Armed Services and 

14 the Committee on Energy and Natural Resources 

15 of the Senate; and 

16 (B) the Committee on Armed Services and 

17 the Committee on Natural Resources of the 

18 House of Representatives. 

19 SEC. 112. LIMITATION ON SUBSEQUENT AVAILABILITY OF 

20 LAND FOR APPROPRIATION. 

21 On the termination of a withdrawal and reservation 

22 by this Act, the previously withdrawn land shall not be 

23 open to any form of appropriation under the public land 

24 laws, including the mining laws, the mineral leasing laws, 

25 and the geothermal leasing laws, unless the Secretary of the 


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1 Interior publishes in the Federal Register an appropriate 

2 order specifying the date on which the land shall be— 

3 (1) restored to the public domain; and 

4 (2) opened for appropriation under the public 

5 land laws. 

6 SEC. 113. RELINQUISHMENT. 

7 (a) NOTICE OF INTENTION TO RELINQUISH.—If, dur8 ing the period of withdrawal and reservation under this 

9 Act, the Secretary concerned decides to relinquish any or 

10 all of the land withdrawn and reserved by this Act, the Sec11 retary concerned shall submit to the Secretary of the Inte12 rior notice of the intention to relinquish the land. 

13 (b) DETERMINATION OF CONTAMINATION.—The Sec14 retary concerned shall include in the notice submitted under 

15 subsection (a) a written determination concerning whether 

16 and to what extent the land that is to be relinquished is 

17 contaminated with explosive materials or toxic or haz18 ardous substances. 

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

20 shall publish in the Federal Register the notice of intention 

21 to relinquish the land under this section, including the de22 termination concerning the contaminated state of the land. 

23 (d) DECONTAMINATION OF LAND TO BE RELIN24 QUISHED.— 


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1 (1) DECONTAMINATION REQUIRED.—The Sec2 retary concerned shall decontaminate land subject to 

3 a notice of intention under subsection (a) to the ex4 tent that funds are appropriated for that purpose, 

5 if— 

6 (A) the land subject to the notice of inten7 tion is contaminated, as determined by the Sec8 retary concerned; and 

9 (B) the Secretary of the Interior, in con10 sultation with the Secretary concerned, deter11 mines that— 

12 (i) decontamination is practicable and 

13 economically feasible, after taking into con14 sideration the potential future use and 

15 value of the contaminated land; and 

16 (ii) on decontamination of the land, 

17 the land could be opened to operation of 

18 some or all of the public land laws, includ19 ing the mining laws, the mineral leasing 

20 laws, and the geothermal leasing laws. 

21 (2) ALTERNATIVES TO RELINQUISHMENT.—The 

22 Secretary of the Interior shall not be required to ac23 cept the land proposed for relinquishment under sub24 section (a), if— 


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1 (A) the Secretary of the Interior, after con2 sultation with the Secretary concerned, deter3 mines that— 

4 (i) decontamination of the land is not 

5 practicable or economically feasible; or 

6 (ii) the land cannot be decontaminated 

7 sufficiently to be opened to operation of 

8 some or all of the public land laws; or 

9 (B) sufficient funds are not appropriated 

10 for the decontamination of the land. 

11 (3) STATUS OF CONTAMINATED LAND ON TERMI12 NATION.—If, because of the contaminated state of the 

13 land, the Secretary of the Interior declines to accept 

14 land withdrawn and reserved by this Act that has 

15 been proposed for relinquishment, or if at the expira16 tion of the withdrawal and reservation made by this 

17 Act, the Secretary of the Interior determines that a 

18 portion of the land withdrawn and reserved by this 

19 Act is contaminated to an extent that prevents open20 ing the contaminated land to operation of the public 

21 land laws— 

22 (A) the Secretary concerned shall take ap23 propriate steps to warn the public of— 

24 (i) the contaminated state of the land; 

25 and 


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1 (ii) any risks associated with entry 

2 onto the land; 

3 (B) after the expiration of the withdrawal 

4 and reservation under this Act, the Secretary 

5 concerned shall undertake no activities on the 

6 contaminated land, except for activities relating 

7 to the decontamination of the land; and 

8 (C) the Secretary concerned shall submit to 

9 the Secretary of the Interior and Congress a re10 port describing— 

11 (i) the status of the land; and 

12 (ii) any actions taken under this para13 graph. 

14 (e) REVOCATION AUTHORITY.— 

15 (1) IN GENERAL.—If the Secretary of the Inte16 rior determines that it is in the public interest to ac17 cept the land proposed for relinquishment under sub18 section (a), the Secretary of the Interior may order 

19 the revocation of a withdrawal and reservation estab20 lished by this Act. 

21 (2) REVOCATION ORDER.—To carry out a rev22 ocation under paragraph (1), the Secretary of the In23 terior shall publish in the Federal Register a revoca24 tion order that— 


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1 (A) terminates the withdrawal and reserva2 tion; 

3 (B) constitutes official acceptance of the 

4 land by the Secretary of the Interior; and 

5 (C) specifies the date on which the land will 

6 be opened to the operation of some or all of the 

7 public land laws, including the mining laws. 

8 (f) ACCEPTANCE BY SECRETARY OF THE INTERIOR.— 

9 (1) IN GENERAL.—Nothing in this section re10 quires the Secretary of the Interior to accept the land 

11 proposed for relinquishment if the Secretary deter12 mines that the land is not suitable for return to the 

13 public domain. 

14 (2) NOTICE.—If the Secretary makes a deter15 mination that the land is not suitable for return to 

16 the public domain, the Secretary shall provide notice 

17 of the determination to Congress. 

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

19 STATES. 

20 The United States and officers and employees of the 

21 United States shall be held harmless and shall not be liable 

22 for any injuries or damages to persons or property incurred 

23 as a result of any mining or mineral or geothermal leasing 

24 activity or other authorized nondefense-related activity con25 ducted on land withdrawn and reserved by this Act. 


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1 TITLE II—MILITARY LAND 

2 WITHDRAWALS 

3 SEC. 201. CHINA LAKE, CALIFORNIA. 

4 (a) WITHDRAWAL AND RESERVATION.— 

5 (1) WITHDRAWAL.—Subject to valid existing 

6 rights and except as otherwise provided in this sec7 tion, the public land (including the interests in land) 

8 described in paragraph (2), and all other areas with9 in the boundary of the land depicted on the map de10 scribed in that paragraph that may become subject to 

11 the operation of the public land laws, is withdrawn 

12 from all forms of appropriation under the public land 

13 laws (including the mining laws and the mineral 

14 leasing laws). 

15 (2) DESCRIPTION OF LAND.—The public land 

16 (including interests in land) referred to in paragraph 

17 (1) is the Federal land located within the boundaries 

18 of the Naval Air Weapons Station China Lake, com19 prising approximately 1,045,000 acres in Inyo, Kern, 

20 and San Bernardino Counties, California, as gen21 erally depicted on the maps entitled ‘‘Naval Air 

22 Weapons Station China Lake Withdrawal—Re23 newal’’, ‘‘North Range’’, and ‘‘South Range’’, dated 

24 March 18, 2013, and filed in accordance with section 

25 102. 


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1 (3) RESERVATION.—The land withdrawn by 

2 paragraph (1) is reserved for use by the Secretary of 

3 the Navy for the following purposes: 

4 (A) Use as a research, development, test, 

5 and evaluation laboratory. 

6 (B) Use as a range for air warfare weapons 

7 and weapon systems. 

8 (C) Use as a high-hazard testing and train9 ing area for aerial gunnery, rocketry, electronic 

10 warfare and countermeasures, tactical maneu11 vering and air support, and directed energy and 

12 unmanned aerial systems. 

13 (D) Geothermal leasing, development, and 

14 related power production activities. 

15 (E) Other defense-related purposes con16 sistent with the purposes described in subpara17 graphs (A) through (D) and authorized under 

18 section 104. 

19 (b) MANAGEMENT OF WITHDRAWN AND RESERVED

20 LAND.— 

21 (1) MANAGEMENT BY THE SECRETARY OF THE

22 INTERIOR.— 

23 (A) IN GENERAL.—Except as provided in 

24 paragraph (2), during the period of the with25 drawal and reservation of land by this section, 


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1 the Secretary of the Interior shall manage the 

2 land withdrawn and reserved by this section in 

3 accordance with— 

4 (i) this Act; 

5 (ii) the Federal Land Policy and Man6 agement Act of 1976 (43 U.S.C. 1701 et 

7 seq.); and 

8 (iii) any other applicable law. 

9 (B) AUTHORIZED ACTIVITIES.—To the ex10 tent consistent with applicable law and Execu11 tive orders, the land withdrawn by this section 

12 may be managed in a manner that permits the 

13 following activities: 

14 (i) Grazing. 

15 (ii) Protection of wildlife and wildlife 

16 habitat. 

17 (iii) Preservation of cultural prop18 erties. 

19 (iv) Control of predatory and other 

20 animals. 

21 (v) Recreation and education. 

22 (vi) Prevention and appropriate sup23 pression of brush and range fires resulting 

24 from non-military activities. 


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1 (vii) Geothermal leasing and develop2 ment and related power production activi3 ties. 

4 (C) NONDEFENSE USES.—All nondefense-re5 lated uses of the land withdrawn by this section 

6 (including the uses described in subparagraph 

7 (B)), shall be subject to any conditions and re8 strictions that the Secretary of the Interior and 

9 the Secretary of the Navy jointly determine to be 

10 necessary to permit the defense-related use of the 

11 land for the purposes described in this section. 

12 (D) ISSUANCE OF LEASES.— 

13 (i) IN GENERAL.—The Secretary of the 

14 Interior shall be responsible for the issuance 

15 of any lease, easement, right-of-way, permit, 

16 license, or other instrument authorized by 

17 law with respect to any activity that in18 volves geothermal resources on— 

19 (I) the land withdrawn and re20 served by this section; and 

21 (II) any other land not under the 

22 administrative jurisdiction of the Sec23 retary of the Navy. 

24 (ii) CONSENT REQUIRED.—Any au25 thorization issued under clause (i) shall— 


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1 (I) only be issued with the consent 

2 of the Secretary of the Navy; and 

3 (II) be subject to such conditions 

4 as the Secretary of the Navy may re5 quire with respect to the land with6 drawn and reserved by this section. 

7 (2) ASSIGNMENT TO THE SECRETARY OF THE

8 NAVY.— 

9 (A) IN GENERAL.—The Secretary of the In10 terior may assign the management responsi11 bility, in whole or in part, for the land with12 drawn and reserved by this section to the Sec13 retary of the Navy. 

14 (B) APPLICABLE LAW.—On assignment of 

15 the management responsibility under subpara16 graph (A), the Secretary of the Navy shall man17 age the land in accordance with— 

18 (i) this Act; 

19 (ii) title I of the Sikes Act (16 U.S.C. 

20 670a et seq.); 

21 (iii) the Federal Land Policy and 

22 Management Act of 1976 (43 U.S.C. 1701 et 

23 seq.); 


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1 (iv) cooperative management arrange2 ments entered into by the Secretary of the 

3 Interior and the Secretary of the Navy; and 

4 (v) any other applicable law. 

5 (3) GEOTHERMAL RESOURCES.— 

6 (A) IN GENERAL.—Nothing in this section 

7 or section 105 affects— 

8 (i) geothermal leases issued by the Sec9 retary of the Interior before the date of en10 actment of this Act; or 

11 (ii) the responsibility of the Secretary 

12 of the Interior to administer and manage 

13 the leases described in clause (i), consistent 

14 with the provisions of this section. 

15 (B) AUTHORITY OF THE SECRETARY OF

16 THE INTERIOR.—Nothing in this section or any 

17 other provision of law prohibits the Secretary of 

18 the Interior from issuing, subject to the concur19 rence of the Secretary of the Navy, and admin20 istering any lease under the Geothermal Steam 

21 Act of 1970 (30 U.S.C. 1001 et seq.) and any 

22 other applicable law for the development and use 

23 of geothermal steam and associated geothermal 

24 resources on the land withdrawn and reserved by 

25 this section. 


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1 (C) APPLICABLE LAW.—Nothing in this sec2 tion affects the geothermal exploration and devel3 opment authority of the Secretary of the Navy 

4 under section 2917 of title 10, United States 

5 Code, with respect to the land withdrawn and re6 served by this section, except that the Secretary 

7 of the Navy shall be required to obtain the con8 currence of the Secretary of the Interior before 

9 taking action under section 2917 of title 10, 

10 United States Code. 

11 (D) NAVY CONTRACTS.—On the expiration 

12 of the withdrawal and reservation of land under 

13 this section or the relinquishment of the land, 

14 any Navy contract for the development of geo15 thermal resources at Naval Air Weapons Station, 

16 China Lake, in effect on the date of the expira17 tion or relinquishment shall remain in effect, ex18 cept that the Secretary of the Interior, with the 

19 consent of the Secretary of the Navy, may offer 

20 to substitute a standard geothermal lease for the 

21 contract. 

22 (E) CONCURRENCE OF SECRETARY OF THE

23 NAVY REQUIRED.—Any lease issued under section 

24 105(d) with respect to land withdrawn and reVerDate Mar 15 2010 23:16 May 14, 2014 Jkt 039200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6203 E:\BILLS\S1309.RS S1309

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1 served by this section shall require the concur2 rence of the Secretary of the Navy, if— 

3 (i) the Secretary of the Interior antici4 pates the surface occupancy of the with5 drawn land; or 

6 (ii) the Secretary of the Interior deter7 mines that the proposed lease may interfere 

8 with geothermal resources on the land. 

9 (4) WILD HORSES AND BURROS.— 

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

11 Navy— 

12 (i) shall be responsible for the manage13 ment of wild horses and burros located on 

14 the land withdrawn and reserved by this 

15 section; and 

16 (ii) may use helicopters and motorized 

17 vehicles for the management of the wild 

18 horses and burros. 

19 (B) REQUIREMENTS.—The activities au20 thorized under subparagraph (A) shall be con21 ducted in accordance with laws applicable to the 

22 management of wild horses and burros on public 

23 land. 

24 (C) AGREEMENT.—The Secretary of the In25 terior and the Secretary of the Navy shall enter 


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1 into an agreement for the implementation of the 

2 management of wild horses and burros under 

3 this paragraph. 

4 (5) CONTINUATION OF EXISTING AGREEMENT.— 

5 The agreement between the Secretary of the Interior 

6 and the Secretary of the Navy entered into before the 

7 date of enactment of this Act under section 805 of the 

8 California Military Lands Withdrawal and Over9 flights Act of 1994 (Public Law 103–433; 108 Stat. 

10 4503) shall continue in effect until the earlier of— 

11 (A) the date on which the Secretary of the 

12 Interior and the Secretary of the Navy enter into 

13 a new agreement; or 

14 (B) the date that is 1 year after the date of 

15 enactment of this Act. 

16 (6) COOPERATION IN DEVELOPMENT OF MANAGE17 MENT PLAN.— 

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

19 Navy and the Secretary of the Interior shall up20 date and maintain cooperative arrangements 

21 concerning land resources and land uses on the 

22 land withdrawn and reserved by this section. 

23 (B) REQUIREMENTS.—A cooperative ar24 rangement entered into under subparagraph (A) 

25 shall— 


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1 (i) focus on and apply to sustainable 

2 management and protection of the natural 

3 and cultural resources and environmental 

4 values found on the withdrawn and reserved 

5 land, consistent with the defense-related 

6 purposes for which the land is withdrawn 

7 and reserved; and 

8 (ii) include a comprehensive land use 

9 management plan that— 

10 (I) integrates and is consistent 

11 with any applicable law, including— 

12 (aa) title I of the Sikes Act 

13 (16 U.S.C. 670a et seq.); and 

14 (bb) the Federal Land Policy 

15 and Management Act of 1976 (43 

16 U.S.C. 1701 et seq.); and 

17 (II) shall be— 

18 (aa) annually reviewed by 

19 the Secretary of the Navy and the 

20 Secretary of the Interior; and 

21 (bb) updated, as the Sec22 retary of the Navy and the Sec23 retary of the Interior determine to 

24 be necessary— 


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1 (AA) to respond to 

2 evolving management re3 quirements; and 

4 (BB) to complement the 

5 updates of other applicable 

6 land use and resource man7 agement and planning. 

8 (7) IMPLEMENTING AGREEMENT.— 

9 (A) IN GENERAL.—The Secretary of the In10 terior and the Secretary of the Navy may enter 

11 into a written agreement to implement the com12 prehensive land use management plan developed 

13 under paragraph (6)(B)(ii). 

14 (B) COMPONENTS.—An agreement entered 

15 into under subparagraph (A)— 

16 (i) shall be for a duration that is equal 

17 to the period of the withdrawal and reserva18 tion of land under this section; and 

19 (ii) may be amended from time to 

20 time. 

21 (c) TERMINATION OF PRIOR WITHDRAWALS.— 

22 (1) IN GENERAL.—Subject to paragraph (2), the 

23 withdrawal and reservation under section 803(a) of 

24 the California Military Lands Withdrawal and OverVerDate Mar 15 2010 23:16 May 14, 2014 Jkt 039200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6203 E:\BILLS\S1309.RS S1309

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1 flights Act of 1994 (Public Law 103–433; 108 Stat. 

2 4502) is terminated. 

3 (2) LIMITATION.—Notwithstanding the termi4 nation under paragraph (1), all rules, regulations, or5 ders, permits, and other privileges issued or granted 

6 by the Secretary of the Interior or the Secretary of the 

7 Navy with respect to the land withdrawn and re8 served under that section, unless inconsistent with the 

9 provisions of this section, shall remain in force until 

10 modified, suspended, overruled, or otherwise changed 

11 by— 

12 (A) the Secretary of the Interior or the Sec13 retary of the Navy (as applicable); 

14 (B) a court of competent jurisdiction; or 

15 (C) operation of law. 

16 (d) DURATION OF WITHDRAWAL AND RESERVATION.— 

17 The withdrawal and reservation made by this section termi18 nate on March 31, 2039. 

19 SEC. 202. LIMESTONE HILLS, MONTANA. 

20 (a) WITHDRAWAL AND RESERVATION OF PUBLIC LAND

21 FOR LIMESTONE HILLS TRAINING AREA, MONTANA.— 

22 (1) WITHDRAWAL.—Subject to valid existing 

23 rights and except as otherwise provided in this sec24 tion, the public land (including the interests in land) 

25 described in paragraph (3), and all other areas withVerDate Mar 15 2010 23:16 May 14, 2014 Jkt 039200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6203 E:\BILLS\S1309.RS S1309

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1 in the boundaries of the land as depicted on the map 

2 provided for by paragraph (4) that may become sub3 ject to the operation of the public land laws, is with4 drawn from all forms of appropriation under the 

5 public land laws (including the mining laws, the 

6 mineral leasing laws, and the geothermal leasing 

7 laws). 

8 (2) RESERVATION; PURPOSE.—Subject to the 

9 limitations and restrictions contained in subsection 

10 (c), the public land withdrawn by paragraph (1) is 

11 reserved for use by the Secretary of the Army for the 

12 following purposes: 

13 (A) The conduct of training for active and 

14 reserve components of the Armed Forces. 

15 (B) The construction, operation, and main16 tenance of organizational support and mainte17 nance facilities for component units conducting 

18 training. 

19 (C) The conduct of training by the Montana 

20 Department of Military Affairs, provided that 

21 the training does not interfere with the purposes 

22 specified in subparagraphs (A) and (B). 

23 (D) The conduct of training by State and 

24 local law enforcement agencies, civil defense or25 ganizations, and public education institutions, 


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1 provided that the training does not interfere with 

2 the purposes specified in subparagraphs (A) and 

3 (B). 

4 (E) Other defense-related purposes con5 sistent with the purposes specified in subpara6 graphs (A) through (D). 

7 (3) DESCRIPTION OF LAND.—The public land 

8 (including the interests in land) referred to in para9 graph (1) comprises approximately 18,644 acres in 

10 Broadwater County, Montana, generally depicted as 

11 ‘‘Proposed Land Withdrawal’’ on the map entitled 

12 ‘‘Limestone Hills Training Area Land Withdrawal’’ 

13 and dated April 10, 2013. 

14 (4) INDIAN TRIBES.— 

15 (A) IN GENERAL.—Nothing in this Act al16 ters any rights reserved for an Indian tribe for 

17 tribal use of the public land withdrawn by para18 graph (1) by treaty or Federal law. 

19 (B) CONSULTATION REQUIRED.—The Sec20 retary of the Army shall consult with any In21 dian tribes in the vicinity of the public land 

22 withdrawn by paragraph (1) before taking any 

23 action within the public land affecting tribal 

24 rights or cultural resources protected by treaty or 

25 Federal law. 


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1 (b) MANAGEMENT OF WITHDRAWN AND RESERVED

2 LAND.—During the period of the withdrawal and reserva3 tion specified in subsection (e), the Secretary of the Army 

4 shall manage the public land withdrawn by paragraph (1) 

5 of subsection (a) for the purposes specified in paragraph 

6 (2) of that subsection, subject to the limitations and restric7 tions contained in subsection (c). 

8 (c) SPECIAL RULES GOVERNING MINERALS MANAGE9 MENT.— 

10 (1) INDIAN CREEK MINE.— 

11 (A) IN GENERAL.—Of the land withdrawn 

12 by subsection (a)(1), locatable mineral activities 

13 in the approved Indian Creek Mine plan of oper14 ations, MTM–78300, shall be regulated in ac15 cordance with subparts 3715 and 3809 of title 

16 43, Code of Federal Regulations. 

17 (B) RESTRICTIONS ON SECRETARY OF THE

18 ARMY.— 

19 (i) IN GENERAL.—The Secretary of the 

20 Army shall make no determination that the 

21 disposition of, or exploration for, minerals 

22 as provided for in the approved plan of op23 erations described in subparagraph (A) is 

24 inconsistent with the defense-related uses of 

25 the land withdrawn under this section. 


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1 (ii) COORDINATION.—The coordination 

2 of the disposition of and exploration for 

3 minerals with defense-related uses of the 

4 land shall be determined in accordance with 

5 procedures in an agreement provided for 

6 under paragraph (3). 

7 (2) REMOVAL OF UNEXPLODED ORDNANCE ON

8 LAND TO BE MINED.— 

9 (A) REMOVAL ACTIVITIES.— 

10 (i) IN GENERAL.—Subject to the avail11 ability of funds appropriated for such pur12 pose, the Secretary of the Army shall remove 

13 unexploded ordnance on land withdrawn by 

14 subsection (a)(1) that is subject to mining 

15 under paragraph (1), consistent with appli16 cable Federal and State law. 

17 (ii) PHASES.—The Secretary of the 

18 Army may provide for the removal of 

19 unexploded ordnance in phases to accommo20 date the development of the Indian Creek 

21 Mine under paragraph (1). 

22 (B) REPORT ON REMOVAL ACTIVITIES.— 

23 (i) IN GENERAL.—The Secretary of the 

24 Army shall annually submit to the Sec25 retary of the Interior a report regarding 


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1 any unexploded ordnance removal activities 

2 conducted during the previous fiscal year in 

3 accordance with this paragraph. 

4 (ii) INCLUSIONS.—The report under 

5 clause (i) shall include— 

6 (I) a description of the amounts 

7 expended for unexploded ordnance re8 moval on the land withdrawn by sub9 section (a)(1) during the period cov10 ered by the report; and 

11 (II) the identification of the land 

12 cleared of unexploded ordnance and 

13 approved for mining activities by the 

14 Secretary of the Interior under this 

15 paragraph. 

16 (3) IMPLEMENTATION AGREEMENT FOR MINING

17 ACTIVITIES.— 

18 (A) IN GENERAL.—The Secretary of the In19 terior and the Secretary of the Army shall enter 

20 into an agreement to implement this subsection 

21 with respect to the coordination of defense-related 

22 uses and mining and the ongoing removal of 

23 unexploded ordnance. 

24 (B) DURATION.—The duration of an agree25 ment entered into under subparagraph (A) shall 


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1 be equal to the period of the withdrawal under 

2 subsection (a)(1), but may be amended from time 

3 to time. 

4 (C) REQUIREMENTS.—The agreement shall 

5 provide the following: 

6 (i) That Graymont Western US, Inc., 

7 or any successor or assign of the approved 

8 Indian Creek Mine mining plan of oper9 ations, MTM–78300, shall be invited to be 

10 a party to the agreement. 

11 (ii) Provisions regarding the day-to12 day joint-use of the Limestone Hills Train13 ing Area. 

14 (iii) Provisions addressing periods 

15 during which military and other authorized 

16 uses of the withdrawn land will occur. 

17 (iv) Provisions regarding when and 

18 where military use or training with explo19 sive material will occur. 

20 (v) Provisions regarding the scheduling 

21 of training activities conducted within the 

22 withdrawn land that restrict mining activi23 ties. 

24 (vi) Procedures for deconfliction with 

25 mining operations, including parameters 


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1 for notification and resolution of antici2 pated changes to the schedule. 

3 (vii) Procedures for access through 

4 mining operations covered by this section to 

5 training areas within the boundaries of the 

6 Limestone Hills Training Area. 

7 (viii) Procedures for scheduling of the 

8 removal of unexploded ordnance. 

9 (4) EXISTING MEMORANDUM OF AGREEMENT.— 

10 Until the date on which the agreement under para11 graph (3) becomes effective, the compatible joint use 

12 of the land withdrawn and reserved by subsection 

13 (a)(1) shall be governed, to the extent compatible, by 

14 the terms of the 2005 Memorandum of Agreement 

15 among the Montana Army National Guard, 

16 Graymont Western US, Inc., and the Bureau of Land 

17 Management. 

18 (d) GRAZING.— 

19 (1) ISSUANCE AND ADMINISTRATION OF PERMITS

20 AND LEASES.—The Secretary of the Interior shall 

21 manage the issuance and administration of grazing 

22 permits and leases, including the renewal of permits 

23 and leases, on the public land withdrawn by sub24 section (a)(1), consistent with all applicable laws (inVerDate Mar 15 2010 23:16 May 14, 2014 Jkt 039200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6203 E:\BILLS\S1309.RS S1309

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1 cluding regulations) and policies of the Secretary of 

2 the Interior relating to the permits and leases. 

3 (2) SAFETY REQUIREMENTS.—With respect to 

4 any grazing permit or lease issued after the date of 

5 enactment of this Act for land withdrawn by sub6 section (a)(1), the Secretary of the Interior and the 

7 Secretary of the Army shall jointly establish proce8 dures that— 

9 (A) are consistent with Department of the 

10 Army explosive and range safety standards; and 

11 (B) provide for the safe use of the with12 drawn land. 

13 (3) ASSIGNMENT.—The Secretary of the Interior 

14 may, with the agreement of the Secretary of the 

15 Army, assign the authority to issue and to administer 

16 grazing permits and leases to the Secretary of the 

17 Army, except that the assignment may not include the 

18 authority to discontinue grazing on the land with19 drawn by subsection (a)(1). 

20 (e) DURATION OF WITHDRAWAL AND RESERVATION.— 

21 The withdrawal of public land by subsection (a)(1) shall 

22 terminate on March 31, 2039. 

23 SEC. 203. CHOCOLATE MOUNTAIN, CALIFORNIA. 

24 (a) WITHDRAWAL AND RESERVATION.— 


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1 (1) WITHDRAWAL.—Subject to valid existing 

2 rights and except as otherwise provided in this sec3 tion, the public land (including the interests in land) 

4 described in paragraph (2), and all other areas with5 in the boundary of the land depicted on the map de6 scribed in that paragraph that become subject to the 

7 operation of the public land laws, is withdrawn from 

8 all forms of appropriation under the public land laws 

9 (including the mining laws, the mineral leasing laws, 

10 and the geothermal leasing laws). 

11 (2) DESCRIPTION OF LAND.—The public land 

12 (including the interests in land) referred to in para13 graph (1) is the Federal land comprising approxi14 mately 228,324 acres in Imperial and Riverside 

15 Counties, California, generally depicted on the map 

16 entitled ‘‘Chocolate Mountain Aerial Gunnery 

17 Range—Administration’s Land Withdrawal Legisla18 tive Proposal Map’’, dated October 30, 2013, and filed 

19 in accordance with section 102. 

20 (3) RESERVATION.—The land withdrawn by 

21 paragraph (1) is reserved for use by the Secretary of 

22 the Navy for the following purposes: 

23 (A) Testing and training for aerial bomb24 ing, missile firing, tactical maneuvering, and air 

25 support. 


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1 (B) Small unit ground forces training, in2 cluding artillery firing, demolition activities, 

3 and small arms field training. 

4 (C) Other defense-related purposes con5 sistent with the purposes that are— 

6 (i) described in subparagraphs (A) and 

7 (B); and 

8 (ii) authorized under section 104. 

9 (b) MANAGEMENT OF WITHDRAWN AND RESERVED

10 LAND.— 

11 (1) MANAGEMENT BY THE SECRETARY OF THE

12 INTERIOR.—Except as provided in paragraph (2), 

13 during the period of the withdrawal and reservation 

14 of land by this section, the Secretary of the Interior 

15 shall manage the land withdrawn and reserved by 

16 this section in accordance with— 

17 (A) this Act; 

18 (B) the Federal Land Policy and Manage19 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 

20 (C) any other applicable law. 

21 (2) ASSIGNMENT OF MANAGEMENT TO THE SEC22 RETARY OF THE NAVY.— 

23 (A) IN GENERAL.—The Secretary of the In24 terior may assign the management responsi25 bility, in whole or in part, for the land withVerDate Mar 15 2010 23:16 May 14, 2014 Jkt 039200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6203 E:\BILLS\S1309.RS S1309

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1 drawn and reserved by this section to the Sec2 retary of the Navy. 

3 (B) ACCEPTANCE.—If the Secretary of the 

4 Navy accepts the assignment of responsibility 

5 under subparagraph (A), the Secretary of the 

6 Navy shall manage the land in accordance 

7 with— 

8 (i) this Act; 

9 (ii) title I of the Sikes Act (16 U.S.C. 

10 670a et seq.); and 

11 (iii) any other applicable law. 

12 (3) IMPLEMENTING AGREEMENT.—The Secretary 

13 of the Interior and the Secretary of the Navy may 

14 enter into a written agreement— 

15 (A) that implements the assignment of man16 agement responsibility under paragraph (2); 

17 (B) the duration of which shall be equal to 

18 the period of the withdrawal and reservation of 

19 the land under this section; and 

20 (C) that may be amended from time to 

21 time. 

22 (4) ACCESS AGREEMENT.—The Secretary of the 

23 Interior and the Secretary of the Navy may enter into 

24 a written agreement to address access to and mainte25 nance of Bureau of Reclamation facilities located 


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1 within the boundary of the Chocolate Mountain Aer2 ial Gunnery Range. 

3 (c) ACCESS.—Notwithstanding section 103, the land 

4 withdrawn and reserved by this section (other than the land 

5 comprising the Bradshaw Trail) shall be— 

6 (1) closed to the public and all uses (other than 

7 the uses authorized by subsection (a)(3) or under sec8 tion 104); and 

9 (2) subject to any conditions and restrictions 

10 that the Secretary of the Navy determines to be nec11 essary to prevent any interference with the uses au12 thorized by subsection (a)(3) or under section 104. 

13 (d) DURATION OF WITHDRAWAL AND RESERVATION.— 

14 The withdrawal and reservation made by this section termi15 nates on March 31, 2039. 

16 SEC. 204. TWENTYNINE PALMS, CALIFORNIA. 

17 (a) WITHDRAWAL AND RESERVATION.— 

18 (1) WITHDRAWAL.—Subject to valid existing 

19 rights and except as otherwise provided in this sec20 tion, the public land (including the interests in land) 

21 described in paragraph (2), and all other areas with22 in the boundary of the land depicted on the map de23 scribed in that paragraph that may become subject to 

24 the operation of the public land laws, is withdrawn 

25 from all forms of appropriation under the public land 


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1 laws, including the mining laws, the mineral leasing 

2 laws, and the geothermal leasing laws. 

3 (2) DESCRIPTION OF LAND.—The public land 

4 (including the interests in land) referred to in para5 graph (1) is the Federal land comprising approxi6 mately 150,928 acres in San Bernardino County, 

7 California, generally depicted on the map entitled 

8 ‘‘MCAGCC 29 Palms Expansion Map’’, dated Novem9 ber 13, 2013 (3 sheets), and filed in accordance with 

10 section 102, which are divided into the following 2 

11 areas: 

12 (A) The Exclusive Military Use Area, di13 vided into 4 areas, consisting of— 

14 (i) 1 area to the west of the Marine 

15 Corps Air Ground Combat Center, con16 sisting of approximately 91,293 acres; 

17 (ii) 1 area south of the Marine Corps 

18 Air Ground Combat Center, consisting of 

19 approximately 19,704 acres; and 

20 (iii) 2 other areas, each measuring ap21 proximately 300 meters square (approxi22 mately 22 acres), located inside the bound23 aries of the Shared Use Area described in 

24 subparagraph (B), totaling approximately 

25 44 acres. 


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1 (B) The Shared Use Area, consisting of ap2 proximately 40,931 acres. 

3 (3) RESERVATION FOR SECRETARY OF THE

4 NAVY.—The land withdrawn by paragraph (2)(A) is 

5 reserved for use by the Secretary of the Navy for the 

6 following purposes: 

7 (A) Sustained, combined arms, live-fire, 

8 and maneuver field training for large-scale Ma9 rine air ground task forces. 

10 (B) Individual and unit live-fire training 

11 ranges. 

12 (C) Equipment and tactics development. 

13 (D) Other defense-related purposes that 

14 are— 

15 (i) consistent with the purposes de16 scribed in subparagraphs (A) through (C); 

17 and 

18 (ii) authorized under section 104. 

19 (4) RESERVATION FOR SECRETARY OF THE INTE20 RIOR.—The land withdrawn by paragraph (2)(B) is 

21 reserved— 

22 (A) for use by the Secretary of the Navy for 

23 the purposes described in paragraph (3); and 

24 (B) for use by the Secretary of the Interior 

25 for the following purposes: 


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1 (i) Public recreation— 

2 (I) during any period in which 

3 the land is not being used for military 

4 training; and 

5 (II) as determined to be suitable 

6 for public use. 

7 (ii) Natural resources conservation. 

8 (b) MANAGEMENT OF WITHDRAWN AND RESERVED

9 LAND.— 

10 (1) MANAGEMENT BY THE SECRETARY OF THE

11 NAVY.—Except as provided in paragraph (2), during 

12 the period of withdrawal and reservation of land by 

13 this section, the Secretary of the Navy shall manage 

14 the land withdrawn and reserved by this section for 

15 the purposes described in subsection (a)(3), in accord16 ance with— 

17 (A) an integrated natural resources man18 agement plan prepared and implemented under 

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

20 (B) this Act; 

21 (C) a programmatic agreement between the 

22 Marine Corps and the California State Historic 

23 Preservation Officer regarding operation, main24 tenance, training, and construction at the 

25 United States Marine Air Ground Task Force 


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1 Training Command, Marine Corps Air Ground 

2 Combat Center, Twentynine Palms, California; 

3 and 

4 (D) any other applicable law. 

5 (2) MANAGEMENT BY THE SECRETARY OF THE

6 INTERIOR.— 

7 (A) IN GENERAL.—Except as provided in 

8 subparagraph (B), during the period of with9 drawal and reservation of land by this section, 

10 the Secretary of the Interior shall manage the 

11 area described in subsection (a)(2)(B). 

12 (B) EXCEPTION.—Twice a year during the 

13 period of withdrawal and reservation of land by 

14 this section, there shall be a 30-day period dur15 ing which the Secretary of the Navy shall— 

16 (i) manage the area described in sub17 section (a)(2)(B); and 

18 (ii) exclusively use the area described 

19 in subsection (a)(2)(B) for military train20 ing purposes. 

21 (C) APPLICABLE LAW.—The Secretary of 

22 the Interior, during the period of the manage23 ment by the Secretary of the Interior under sub24 paragraph (A), shall manage the area described 


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1 in subsection (a)(2)(B) for the purposes described 

2 in subsection (a)(4), in accordance with— 

3 (i) the Federal Land Policy and Man4 agement Act of 1976 (43 U.S.C. 1701 et 

5 seq.); and 

6 (ii) any other applicable law. 

7 (D) SECRETARY OF THE NAVY.— 

8 (i) IN GENERAL.—The Secretary of the 

9 Navy, during the period of the management 

10 by the Secretary of the Navy under sub11 paragraph (A), shall manage the area de12 scribed in subsection (a)(2)(B) for the pur13 poses described in subsection (a)(3), in ac14 cordance with— 

15 (I) an integrated natural re16 sources management plan prepared 

17 and implemented in accordance with 

18 title I of the Sikes Act (16 U.S.C. 670a 

19 et seq.); 

20 (II) this Act; 

21 (III) the programmatic agreement 

22 described in paragraph (1)(C); and 

23 (IV) any other applicable law. 

24 (ii) LIMITATION.—The Department of 

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1 nance onto the land withdrawn by sub2 section (a)(2)(B). 

3 (3) PUBLIC ACCESS.— 

4 (A) IN GENERAL.—Notwithstanding section 

5 103, the area described in subsection (a)(2)(A) 

6 shall be closed to all public access unless other7 wise authorized by the Secretary of the Navy. 

8 (B) PUBLIC RECREATIONAL USE.— 

9 (i) IN GENERAL.—The area described 

10 in subsection (a)(2)(B) shall be open to pub11 lic recreational use during the period in 

12 which the area is under the management of 

13 the Secretary of the Interior, if there is a 

14 determination by the Secretary of the Navy 

15 that the area is suitable for public use. 

16 (ii) DETERMINATION.—A determina17 tion of suitability under clause (i) shall not 

18 be withheld without a specified reason. 

19 (C) RESOURCE MANAGEMENT GROUP.— 

20 (i) IN GENERAL.—The Secretary of the 

21 Navy and the Secretary of the Interior, by 

22 agreement, shall establish a Resource Man23 agement Group comprised of representatives 

24 of the Departments of the Interior and 

25 Navy. 


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1 (ii) DUTIES.—The Resource Manage2 ment Group established under clause (i) 

3 shall— 

4 (I) develop and implement a pub5 lic outreach plan to inform the public 

6 of the land uses changes and safety re7 strictions affecting the land; and 

8 (II) advise the Secretary of the 

9 Interior and the Secretary of the Navy 

10 with respect to the issues associated 

11 with the multiple uses of the area de12 scribed in subsection (a)(2)(B). 

13 (iii) MEETINGS.—The Resource Man14 agement Group established under clause (i) 

15 shall— 

16 (I) meet at least once a year; and 

17 (II) solicit input from relevant 

18 State agencies, private off-highway ve19 hicle interest groups, event managers, 

20 environmental advocacy groups, and 

21 others relating to the management and 

22 facilitation of recreational use within 

23 the area described in subsection 

24 (a)(2)(B). 

25 (D) MILITARY TRAINING.— 


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1 (i) NOT CONDITIONAL.—Military 

2 training within the area described in sub3 section (a)(2)(B) shall not be conditioned 

4 on, or precluded by— 

5 (I) the lack of a recreation man6 agement plan or land use management 

7 plan for the area described in sub8 section (a)(2)(B) developed and imple9 mented by the Secretary of the Inte10 rior; or 

11 (II) any legal or administrative 

12 challenge to a recreation management 

13 plan or land use plan developed under 

14 subclause (I). 

15 (ii) MANAGEMENT.—The area de16 scribed in subsection (a)(2)(B) shall be 

17 managed in a manner that does not com18 promise the ability of the Department of the 

19 Navy to conduct military training in the 

20 area. 

21 (4) IMPLEMENTATION AGREEMENT.— 

22 (A) IN GENERAL.—The Secretary of the In23 terior and the Secretary of the Navy shall enter 

24 into a written agreement to implement the man25 agement responsibilities of the respective SecreVerDate Mar 15 2010 23:16 May 14, 2014 Jkt 039200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6203 E:\BILLS\S1309.RS S1309

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1 taries with respect to the area described in sub2 section (a)(2)(B). 

3 (B) COMPONENTS.—The agreement entered 

4 into under subparagraph (A)— 

5 (i) shall be of a duration that is equal 

6 to the period of the withdrawal and reserva7 tion of land under this section; 

8 (ii) may be amended from time to 

9 time; 

10 (iii) may provide for the integration of 

11 the management plans required of the Sec12 retary of the Interior and the Secretary of 

13 the Navy by this section; 

14 (iv) may provide for delegation to ci15 vilian law enforcement personnel of the De16 partment of the Navy of the authority of the 

17 Secretary of the Interior to enforce the laws 

18 relating to protection of natural and cul19 tural resources and fish and wildlife; and 

20 (v) may provide for the Secretary of 

21 the Interior and the Secretary of the Navy 

22 to share resources so as to most efficiently 

23 and effectively manage the area described in 

24 subsection (a)(2)(B). 


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1 (5) JOHNSON VALLEY OFF-HIGHWAY VEHICLE

2 RECREATION AREA.— 

3 (A) DESIGNATION.—The following areas are 

4 designated as the ‘‘Johnson Valley Off-Highway 

5 Vehicle Recreation Area’’: 

6 (i) Approximately 45,000 acres (as de7 picted on the map referred to in subsection 

8 (a)(2)) of the existing Bureau of Land Man9 agement-designated Johnson Valley Off10 Highway Vehicle Area that is not with11 drawn and reserved for defense-related uses 

12 by this section. 

13 (ii) The area described in subsection 

14 (a)(2)(B). 

15 (B) AUTHORIZED ACTIVITIES.—To the ex16 tent consistent with applicable Federal law (in17 cluding regulations) and this section, any au18 thorized recreation activities and use designation 

19 in effect on the date of enactment of this Act and 

20 applicable to the Johnson Valley Off-Highway 

21 Vehicle Recreation Area may continue, including 

22 casual off-highway vehicular use and recreation. 

23 (C) ADMINISTRATION.—The Secretary of the 

24 Interior shall administer the Johnson Valley Off25 Highway Vehicle Recreation Area (other than the 


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1 portion of the area described in subsection 

2 (a)(2)(B) that is being managed in accordance 

3 with the other provisions of this section), in ac4 cordance with— 

5 (i) the Federal Land Policy and Man6 agement Act of 1976 (43 U.S.C. 1701 et 

7 seq.); and 

8 (ii) any other applicable law. 

9 (D) TRANSIT.—In coordination with the 

10 Secretary of the Interior, the Secretary of the 

11 Navy may authorize transit through the Johnson 

12 Valley Off-Highway Vehicle Recreation Area for 

13 defense-related purposes supporting military 

14 training (including military range management 

15 and management of exercise activities) conducted 

16 on the land withdrawn and reserved by this sec17 tion. 

18 (c) DURATION OF WITHDRAWAL AND RESERVATION.— 

19 The withdrawal and reservation made by this section termi20 nate on March 31, 2039. 

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

22 (a) WITHDRAWAL.— 

23 (1) IN GENERAL.—Subject to valid existing 

24 rights and paragraph (3), the Federal land described 

25 in paragraph (2) is withdrawn from— 


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•S 1309 RS

1 (A) entry, appropriation, and disposal 

2 under the public land laws; 

3 (B) location, entry, and patent under the 

4 mining laws; and 

5 (C) operation of the mineral leasing, min6 eral materials, and geothermal leasing laws. 

7 (2) DESCRIPTION OF FEDERAL LAND.—The Fed8 eral land referred to in paragraph (1) consists of— 

9 (A) the approximately 5,100 acres of land 

10 depicted as ‘‘Parcel 1’’ on the map entitled 

11 ‘‘White Sands Missile Range/Fort Bliss/BLM 

12 Land Transfer and Withdrawal’’ and dated 

13 April 3, 2012 (referred to in this section as the 

14 ‘‘map’’); 

15 (B) the approximately 37,600 acres of land 

16 depicted as ‘‘Parcel 2’’, ‘‘Parcel 3’’, and ‘‘Parcel 

17 4’’ on the map; and 

18 (C) any land or interest in land that is ac19 quired by the United States within the bound20 aries of the parcels described in subparagraph 

21 (B). 

22 (3) LIMITATION.—Notwithstanding paragraph 

23 (1), the land depicted as ‘‘Parcel 4’’ on the map is 

24 not withdrawn for purposes of the issuance of oil and 

25 gas pipeline rights-of-way. 


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1 (b) RESERVATION.—The Federal land described in 

2 subsection (a)(2)(A) is reserved for use by the Secretary of 

3 the Army for military purposes in accordance with Public 

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

5 (c) REVOCATION OF WITHDRAWAL.—Effective on the 

6 date of enactment of this Act— 

7 (1) Public Land Order 833, dated May 21, 1952 

8 (17 Fed. Reg. 4822), is revoked with respect to the ap9 proximately 2,050 acres of land generally depicted as 

10 ‘‘Parcel 2’’ on the map; and 

11 (2) the land described in paragraph (1) shall be 

12 managed by the Secretary of the Interior as public 

13 land, in accordance with— 

14 (A) the Federal Land Policy and Manage15 ment Act of 1976 (43 U.S.C. 1701 et seq.); and 

16 (B) any other applicable laws. 


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Calendar No. 378 

113TH CONGRESS 

2D SESSION S. 1309 

[Report No. 113–161] 

A BILL 

To withdraw and reserve certain public land under 

for military uses, and for other purposes. the jurisdiction of the Secretary of the Interior 

MAY 14, 2014 

Reported with an amendment 


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