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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1309 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1309

 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

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Land Withdrawals Act''.

SEC. 2. MILITARY LAND WITHDRAWALS AND CODIFICATION OF STATUTORY 
              PROVISIONS RELATING TO CHINA LAKE, LIMESTONE HILLS, 
              CHOCOLATE MOUNTAIN, AND TWENTYNINE PALMS.

    (a) Military Land Withdrawals and Creation of New Chapter.--
Subtitle A of title 10, United States Code, is amended by inserting 
after chapter 173 the following new chapter:

                    ``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

                   ``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.
``Sec. 2931. General applicability; definition
    ``(a) Applicability of Subchapter.--The provisions of this 
subchapter apply to any withdrawal made by this chapter.
    ``(b) Rules of Construction.--(1) Except as may be provided 
pursuant to section 2944 of this title, nothing in this chapter shall 
be construed as assigning management of real property under the 
administrative jurisdiction of the Secretary concerned to the Secretary 
of the Interior.
    ``(2) The terms `manage' and `management', when used in reference 
to lands withdrawn and reserved by this chapter, include the authority 
to exercise jurisdiction, custody, and control over those lands in 
accordance with this title, except that those terms do not include 
authority for land disposal.
    ``(c) Definition.--In this chapter, the term `Indian tribe' has the 
meaning given such term in section 102 of the Federally Recognized 
Indian Tribe List Act of 1994 (25 U.S.C. 479a).
``Sec. 2932. Maps and legal descriptions
    ``(a) Preparation of Maps and Legal Descriptions.--As soon as 
practicable after the date of the enactment of a subchapter of this 
chapter, the Secretary of the Interior shall--
            ``(1) publish in the Federal Register a notice containing 
        the legal description of the lands withdrawn and reserved by 
        such subchapter; and
            ``(2) file a map or maps and legal description of the lands 
        withdrawn and reserved by such subchapter with the Committee on 
        Armed Services and the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Armed Services and 
        the Committee on Natural Resources of the House of 
        Representatives.
    ``(b) Legal Effect.--Such maps and legal descriptions shall have 
the same force and effect as if they were included in this chapter, 
except that the Secretary of the Interior may correct clerical and 
typographical errors in such maps and legal descriptions.
    ``(c) Availability.--Copies of such maps and legal descriptions 
shall be available for public inspection--
            ``(1) in the appropriate offices of the Bureau of Land 
        Management;
            ``(2) in the office of the commanding officer of the 
        military installation at which the lands are withdrawn; and
            ``(3) if the military installation is under the management 
        of the National Guard, in the office of the Adjutant General of 
        the State in which the installation is located.
    ``(d) Costs.--The Secretary concerned shall reimburse the Secretary 
of the Interior for the costs incurred by the Secretary of the Interior 
in implementing this section.
``Sec. 2933. Access restrictions
    ``(a) In General.--If the Secretary concerned determines that 
military operations, public safety, or national security require the 
closure to the public of any road, trail, or other portion of the lands 
withdrawn and reserved by a subchapter of this chapter, the Secretary 
may take such action as the Secretary determines necessary or desirable 
to effect and maintain such closure.
    ``(b) Limitation.--Any closure under subsection (a) shall be 
limited to the minimum areas and periods that the Secretary concerned 
determines are required for the purposes specified in such subsection.
    ``(c) Consultation.--(1) Before a closure under this section is 
implemented, the Secretary concerned shall consult with the Secretary 
of the Interior.
    ``(2) In a case in which such a closure may affect access to or use 
of sacred sites or resources considered important by an Indian tribe, 
the Secretary concerned shall consult, at the earliest practicable 
time, with that tribe.
    ``(3) No consultation is required under paragraph (1) or (2)--
            ``(A) if the closure is already provided for in an 
        integrated natural resources management plan, an installation 
        cultural resources management plan, or a land use management 
        plan; or
            ``(B) in the case of an emergency, as determined by the 
        Secretary concerned.
    ``(d) Notice.--Immediately preceding and during any closure under 
subsection (a), the Secretary concerned shall post appropriate warning 
notices and take other steps, as necessary, to notify the public of the 
closure.
``Sec. 2934. Changes in use
    ``(a) Other Uses Authorized.--The Secretary concerned may authorize 
the use of lands withdrawn and reserved by a subchapter of this chapter 
for defense-related purposes in addition to the purposes specified in 
such subchapter.
    ``(b) Notice to Secretary of the Interior.--The Secretary concerned 
shall promptly notify the Secretary of the Interior in the event that 
the lands withdrawn and reserved by a subchapter of this chapter will 
be used for additional defense-related purposes. Such notification 
shall indicate--
            ``(1) the additional use or uses involved;
            ``(2) the planned duration of such additional uses; and
            ``(3) the extent to which such additional uses will require 
        that additional or more stringent conditions or restrictions be 
        imposed on otherwise-permitted non-defense-related uses of the 
        withdrawn and reserved lands or portions thereof.
``Sec. 2935. Authorizations for nondefense-related uses
    ``(a) Authorizations by the Secretary of the Interior.--Subject to 
the applicable withdrawals contained in each subchapter of this 
chapter, with the consent of the Secretary concerned, the Secretary of 
the Interior may authorize the use, occupancy, or development of the 
lands withdrawn and reserved by this chapter.
    ``(b) Authorizations by the Secretary Concerned.--The Secretary 
concerned may authorize the use, occupancy, or development of the lands 
withdrawn and reserved by this chapter--
            ``(1) for a defense-related purpose; or
            ``(2) subject to the consent of the Secretary of the 
        Interior, for a non-defense-related purpose.
    ``(c) Form of Authorization.--An authorization under this section 
may be provided by lease, easement, right-of-way, permit, license, or 
other instrument authorized by law.
    ``(d) Prevention of Drainage of Oil or Gas Resources.--For the 
purpose of preventing drainage of oil or gas resources, the Secretary 
of the Interior may lease lands otherwise withdrawn from operation of 
the mineral leasing laws and reserved for defense-related purposes 
under this chapter, under such terms and conditions as the Secretary 
considers appropriate. No surface occupancy may be approved by the 
Secretary of the Interior without the consent of the Secretary 
concerned. The Secretary of the Interior may unitize or consent to 
communitization of such lands. The Secretary of the Interior may 
promulgate regulations to implement this subsection.
``Sec. 2936. Brush and range fire prevention and suppression
    ``(a) Required Activities.--The Secretary concerned shall, 
consistent with any applicable land management plan, take necessary 
precautions to prevent, and actions to suppress, brush and range fires 
occurring as a result of military activities on the lands withdrawn and 
reserved by this chapter, including fires outside those lands that 
spread from the withdrawn and reserved lands and which occurred as a 
result of such activities.
    ``(b) Cooperation of Secretary of the Interior.--At the request of 
the Secretary concerned, the Secretary of the Interior shall provide 
assistance in the suppression of such fires and shall be reimbursed for 
such assistance by the Secretary concerned. Notwithstanding section 
2215 of this title, the Secretary concerned may transfer to the 
Secretary of the Interior, in advance, funds to reimburse the costs of 
the Department of the Interior in providing such assistance.
``Sec. 2937. On-going decontamination
    ``Throughout the duration of a withdrawal and reservation of lands 
under this chapter, the Secretary concerned shall maintain, to the 
extent funds are available for such purpose, a program of 
decontamination of contamination caused by defense-related uses on such 
lands consistent with applicable Federal and State law. The Secretary 
of Defense shall include a description of such decontamination 
activities in the annual report required by section 2711 of this title.
``Sec. 2938. Water rights
    ``(a) No Reservation Created.--Nothing in this chapter shall be 
construed--
            ``(1) to establish a reservation in favor of the United 
        States with respect to any water or water right on the lands 
        withdrawn and reserved by this chapter; or
            ``(2) to authorize the appropriation of water on such lands 
        except in accordance with applicable State law.
    ``(b) Effect on Previously Acquired or Reserved Water Rights.--This 
section shall not be construed to affect any water rights acquired or 
reserved by the United States before the date of the enactment of the 
applicable subchapter of this chapter, and the Secretary concerned may 
exercise any such previously acquired or reserved water rights.
``Sec. 2939. Hunting, fishing, and trapping
    ``Section 2671 of this title shall apply to all hunting, fishing, 
and trapping on the lands withdrawn and reserved by this chapter and 
for which management has been assigned to the Secretary concerned.
``Sec. 2940. Limitation on extensions and renewals
    ``The withdrawals and reservations established by this chapter may 
not be extended or renewed except by a law enacted by Congress.
``Sec. 2941. Application for renewal of a withdrawal and reservation
    ``(a) Notice.--To the extent practicable, no later than five years 
before the termination of a withdrawal and reservation established by a 
subchapter of this chapter, the Secretary concerned shall notify the 
Secretary of the Interior as to whether or not the Secretary concerned 
will have a continuing defense-related need for any of the lands 
withdrawn and reserved by such subchapter after the termination date of 
such withdrawal and reservation. The Secretary concerned shall provide 
a copy of the notice to the Committee on Armed Services and the 
Committee on Energy and Natural Resources of the Senate and the 
Committee on Armed Services and the Committee on Natural Resources of 
the House of Representatives.
    ``(b) Filing for Extension.--If the Secretary concerned concludes 
that there will be a continuing defense-related need for any of such 
lands after the termination date, the Secretary shall file an 
application for extension of the withdrawal and reservation of such 
needed lands in accordance with the regulations and procedures of the 
Department of the Interior applicable to the extension of withdrawals.
``Sec. 2942. Limitation on subsequent availability of lands for 
              appropriation
    ``At the time of termination of a withdrawal and reservation made 
by a subchapter of this chapter, the previously withdrawn lands shall 
not be open to any form of appropriation under the public land laws, 
including the mining laws and the mineral leasing and geothermal 
leasing laws, until the Secretary of the Interior publishes in the 
Federal Register an appropriate order specifying the date upon which 
such lands shall be restored to the public domain and opened for such 
purposes.
``Sec. 2943. Relinquishment
    ``(a) Notice of Intention To Relinquish.--If, during the period of 
withdrawal and reservation, the Secretary concerned decides to 
relinquish any or all of the lands withdrawn and reserved by a 
subchapter of this chapter, the Secretary concerned shall file a notice 
of intention to relinquish with the Secretary of the Interior.
    ``(b) Determination of Contamination.--As a part of the notice 
under subsection (a), the Secretary concerned shall include a written 
determination concerning whether and to what extent the lands that are 
to be relinquished are contaminated with explosive materials or toxic 
or hazardous substances.
    ``(c) Public Notice.--The Secretary of the Interior shall publish 
in the Federal Register the notice of intention to relinquish, 
including the determination concerning the contaminated state of the 
lands.
    ``(d) Decontamination of Lands To Be Relinquished.--
            ``(1) Decontamination required.--If land subject of a 
        notice of intention to relinquish pursuant to subsection (a) is 
        contaminated, and the Secretary of the Interior, in 
        consultation with the Secretary concerned, determines that 
        decontamination is practicable and economically feasible 
        (taking into consideration the potential future use and value 
        of the land) and that, upon decontamination, the land could be 
        opened to operation of some or all of the public land laws, 
        including the mining laws and the mineral leasing and 
        geothermal leasing laws, the Secretary concerned shall 
        decontaminate the land to the extent that funds are 
        appropriated for such purpose.
            ``(2) Alternatives.--If the Secretary of the Interior, 
        after consultation with the Secretary concerned, concludes that 
        decontamination of land subject of a notice of intention to 
        relinquish pursuant to subsection (a) is not practicable or 
        economically feasible, or that the land cannot be 
        decontaminated sufficiently to be opened to operation of some 
        or all of the public land laws, or if Congress does not 
        appropriate sufficient funds for the decontamination of such 
        land, the Secretary of the Interior shall not be required to 
        accept the land proposed for relinquishment.
            ``(3) Status of contaminated lands upon termination.--If, 
        because of their contaminated state, the Secretary of the 
        Interior declines to accept the lands withdrawn and reserved by 
        a subchapter of this chapter which have been proposed for 
        relinquishment, or if at the expiration of the withdrawal and 
        reservation made by such subchapter the Secretary of the 
        Interior determines that some of the lands withdrawn and 
        reserved by such subchapter are contaminated to an extent which 
        prevents opening such contaminated lands to operation of the 
        public land laws--
                    ``(A) the Secretary concerned shall take 
                appropriate steps to warn the public of the 
                contaminated state of such lands and any risks 
                associated with entry onto such lands;
                    ``(B) after the expiration of the withdrawal and 
                reservation, the Secretary concerned shall undertake no 
                activities on such lands except in connection with 
                decontamination of such lands; and
                    ``(C) the Secretary concerned shall report to the 
                Secretary of the Interior and to the Congress 
                concerning the status of such lands and all actions 
                taken in furtherance of this paragraph.
    ``(e) Revocation Authority.--Upon deciding that it is in the public 
interest to accept the lands proposed for relinquishment pursuant to 
subsection (a), the Secretary of the Interior may order the revocation 
of a withdrawal and reservation established by a subchapter of this 
chapter as it applies to such lands. The Secretary of the Interior 
shall publish in the Federal Register the revocation order, which 
shall--
            ``(1) terminate the withdrawal and reservation;
            ``(2) constitute official acceptance of the lands by the 
        Secretary of the Interior; and
            ``(3) state the date upon which the lands will be opened to 
        the operation of some or all of the public land laws, including 
        the mining laws.
    ``(f) Acceptance by Secretary of the Interior.--Nothing in this 
section shall be construed to require the Secretary of the Interior to 
accept the lands proposed for relinquishment if the Secretary 
determines that such lands are not suitable for return to the public 
domain. If the Secretary makes such a determination, the Secretary 
shall provide notice of the determination to Congress.
``Sec. 2944. Interchanges and transfers of Federal lands
    ``(a) Authority.--The Secretary of the Interior and the Secretary 
concerned may interchange or transfer between each other parcels of 
Federal land under their jurisdiction. A parcel may include multiple 
non-contiguous pieces of Federal lands.
    ``(b) Conditions.--Any interchange or transfer of land under this 
section is subject to the following conditions:
            ``(1) The Secretary of the Interior and the Secretary 
        concerned must each determine that the interchange or transfer 
        is to the benefit of their respective department and in the 
        public interest.
            ``(2) Both parcels of land to be interchanged must, before 
        the interchange, be located on the same military installation.
            ``(3) Both parcels of land to be interchanged must be of 
        approximately the same acreage.
            ``(4) The parcel to be transferred must be located on the 
        military installation to which it is transferred.
            ``(5) The parcel interchanged or transferred by the 
        Secretary of the Interior must be part of the lands withdrawn 
        and reserved by this chapter.
            ``(6) The parcel interchanged or transferred by the 
        Secretary concerned must be under the administrative 
        jurisdiction of the Secretary concerned and excess to the needs 
        of the Department of Defense.
            ``(7) During the term of a withdrawal, no more than 5,000 
        acres may be transferred under this section by one Secretary to 
        the other on any one military installation.
    ``(c) Status of Federal Land After Interchange.--Upon completion of 
an interchange or transfer under this section--
            ``(1) at the discretion of the Secretary of the Interior, a 
        parcel received by the Secretary of the Interior may--
                    ``(A) become withdrawn and reserved lands under the 
                provisions of this chapter; or
                    ``(B) be managed as public lands under the 
                provisions of the Federal Land Policy and Management 
                Act (43 U.S.C. 1701 et seq.) and other applicable law; 
                and
            ``(2) a parcel received by the Secretary concerned shall--
                    ``(A) cease to be part of the public lands and 
                lands withdrawn and reserved by this chapter; and
                    ``(B) be treated as property under section 102(9) 
                of title 40 under the administrative jurisdiction of 
                the Secretary concerned.
    ``(d) Equalization Payments.--Neither the Secretary of the Interior 
nor the Secretary concerned may make an equalization payment to further 
a land interchange or transfer under this section.
``Sec. 2945. Delegability by the Secretary of the Interior
    ``The Secretary of the Interior may delegate the Secretary's 
functions under this chapter, except that an order pursuant to section 
2942 of this title and a revocation order pursuant to section 2943(e) 
of this title may be approved and signed only by individuals in the 
Office of the Secretary who have been appointed by the President, by 
and with the advice and consent of the Senate.
``Sec. 2946. Land withdrawals; immunity of the United States
    ``The United States and all departments and agencies thereof, and 
their officers and employees, shall be held harmless and shall not be 
liable for any injuries or damages to persons or property suffered in 
the course of any mining or mineral or geothermal leasing activity or 
other authorized non-defense-related activity conducted on lands 
withdrawn and reserved by this chapter.

                ``SUBCHAPTER II--CHINA LAKE, CALIFORNIA

``Sec.
``2955a. Withdrawal and reservation.
``2955b. Management of withdrawn and reserved lands.
``2955c. Duration of withdrawal and reservation.
``Sec. 2955a. Withdrawal and reservation
    ``(a) Withdrawal.--(1) Subject to valid existing rights and except 
as otherwise provided in this subchapter, the public lands and 
interests in lands described in subsection (c), and all other areas 
within the boundary of such lands as depicted on the map provided for 
by section 2932 of this title which may become subject to the operation 
of the public land laws, are hereby withdrawn from all forms of 
appropriation under the public land laws, including the mining laws and 
the mineral leasing laws.
    ``(b) Reservation.--The lands withdrawn by subsection (a) are 
reserved for use by the Secretary of the Navy for the following 
purposes:
            ``(1) Use as a research, development, test, and evaluation 
        laboratory.
            ``(2) Use as a range for air warfare weapons and weapon 
        systems.
            ``(3) Use as a high-hazard testing and training area for 
        aerial gunnery, rocketry, electronic warfare and 
        countermeasures, tactical maneuvering and air support, and 
        directed energy and unmanned aerial systems.
            ``(4) Geothermal leasing, development, and related power 
        production activities.
            ``(5) Other defense-related purposes consistent with the 
        purposes specified in the preceding paragraphs and authorized 
        pursuant to section 2934 of this title.
    ``(c) Land Description.--The public lands and interests in lands 
referred to in subsection (a) are the Federal lands located within the 
boundaries of the Naval Air Weapons Station China Lake, comprising 
approximately 1,030,000 acres in Inyo, Kern, and San Bernardino 
Counties, California, as generally depicted on a map entitled `Naval 
Air Weapons Station China Lake Withdrawal--Renewal', dated XX, xx, 
2012, and filed in accordance with section 2932 of this title.
``Sec. 2955b. Management of withdrawn and reserved lands
    ``(a) Management by the Secretary of the Interior.--(1) Except as 
provided in subsection (b), during the period of the withdrawal and 
reservation of lands by this subchapter, the Secretary of the Interior 
shall manage the lands withdrawn and reserved by section 2955a of this 
title in accordance with this chapter, the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable 
law.
    ``(2) To the extent consistent with applicable law and Executive 
orders, the lands withdrawn by section 2955a of this title may be 
managed in a manner permitting the following activities:
            ``(A) Grazing.
            ``(B) Protection of wildlife and wildlife habitat.
            ``(C) Preservation of cultural properties.
            ``(D) Control of predatory and other animals.
            ``(E) Recreation and education.
            ``(F) Prevention and appropriate suppression of brush and 
        range fires resulting from non-military activities.
            ``(G) Geothermal leasing and development and related power 
        production activities.
    ``(3) All non-defense-related uses of such lands, including the 
uses described in paragraph (2), shall be subject to such conditions 
and restrictions as may be necessary to permit the defense-related use 
of such lands for the purposes specified in or authorized pursuant to 
this chapter.
    ``(b) Assignment of Management.--(1) The Secretary of the Interior 
may assign the management responsibility, in whole or in part, for the 
lands withdrawn and reserved by section 2955a of this title to the 
Secretary of the Navy who, if so assigned, shall manage such lands in 
accordance with this title, title I of the Sikes Act (16 U.S.C. 670a et 
seq.), the Federal Land Policy and Management Act of 1976, and 
cooperative management arrangements between the Secretary of the 
Interior and the Secretary of the Navy. Nothing in this subsection or 
section 2935 of this title shall affect geothermal leases issued by the 
Secretary of the Interior before the date of the enactment of this 
subchapter, or the responsibility of the Secretary of the Interior to 
administer and manage such leases, consistent with the provisions of 
this section.
    ``(2) The Secretary of the Interior shall be responsible for the 
issuance of any lease, easement, right-of-way, permit, license, or 
other instrument authorized by law with respect to any activity which 
involves both the lands withdrawn and reserved by section 2955a of this 
title and any other lands not under the administrative jurisdiction of 
the Secretary of the Navy. Any such authorization shall be issued only 
with the consent of the Secretary of the Navy and shall be subject to 
such conditions as the Secretary of the Navy may prescribe with regard 
to those lands withdrawn and reserved by section 2955a of this title.
    ``(3) Neither this chapter nor any other provision of law shall be 
construed to prohibit the Secretary of the Interior from issuing and 
administering any lease pursuant to the Geothermal Steam Act of 1970 
(30 U.S.C. 1001 et seq.) and other applicable law for the development 
and utilization of geothermal steam and associated geothermal resources 
on the lands withdrawn and reserved by section 2955a of this title, but 
such a lease may not be issued without the concurrence of the Secretary 
of the Navy.
    ``(4) This chapter shall not affect the geothermal exploration and 
development authority of the Secretary of the Navy under section 2917 
of this title with respect to the lands withdrawn and reserved by 
section 2955a, except that the Secretary of the Navy shall obtain the 
concurrence of the Secretary of the Interior before taking action under 
section 2917.
    ``(5) Upon the expiration of the withdrawal and reservation or upon 
the relinquishment of the lands withdrawn and reserved by section 2955a 
of this title, Navy contracts for the development of geothermal 
resources at Naval Air Weapons Station China Lake then in effect (as 
amended or renewed by the Navy after the date of the enactment of this 
subchapter) shall remain in effect, except that the Secretary of the 
Interior, with the consent of the Secretary of the Navy, may offer to 
substitute a standard geothermal lease for any such contract.
    ``(6) Any lease made pursuant to section 2935(d) of this title of 
lands withdrawn and reserved by section 2955a of this title shall 
require the concurrence of the Secretary of the Navy if the Secretary 
determines that the proposed lease may interfere with geothermal 
resources on those lands.
    ``(7) The Secretary of the Navy shall be responsible for the 
management of wild horses and burros located on the lands withdrawn and 
reserved by section 2955a of this title and may use helicopters and 
motorized vehicles for such purpose. Such management shall be conducted 
in accordance with laws applicable to such management on public lands. 
The Secretary of the Interior and the Secretary of the Navy shall enter 
into an agreement for implementation of such management.
    ``(c) Continuation of Existing Agreement.--The agreement between 
the Secretary of the Interior and the Secretary of the Navy entered 
into before the date of the enactment of this subchapter pursuant to 
section 805 of the California Military Lands Withdrawal and Overflights 
Act of 1994 shall continue in effect until the earlier of--
            ``(1) the date on which the Secretaries enter into a new 
        agreement; or
            ``(2) the date that is one year after the date of the 
        enactment of this subchapter.
    ``(d) Cooperation in Development of Management Plan.--(1) The 
Secretary of the Navy and the Secretary of the Interior shall update 
and maintain cooperative arrangements concerning land resources and 
land uses on the lands withdrawn and reserved by section 2955a of this 
title.
    ``(2) Cooperative arrangements under paragraph (1) shall focus on 
and apply to sustainable management and protection of the natural and 
cultural resources and environmental values found on such withdrawn and 
reserved lands, consistent with the defense-related purposes for which 
those lands are withdrawn and reserved.
    ``(3) Each cooperative arrangement under paragraph (1) shall 
include a comprehensive land use management plan which shall integrate 
and be consistent with all applicable law, including the requirements 
of title I of the Sikes Act and the Federal Land Policy and Management 
Act of 1976. Each such management plan shall be reviewed annually and 
shall be updated, as needed, in response to evolving management 
requirements and to complement the updates of other applicable land use 
and resource management and planning.
    ``(e) Implementing Agreement.--(1) The Secretary of the Interior 
and the Secretary of the Navy may enter into a written agreement to 
implement the comprehensive land use management plan developed under 
subsection (d).
    ``(2) An agreement under paragraph (1) shall include a provision 
for periodic review of the agreement for its adequacy, effectiveness, 
and need for revision.
    ``(3) The duration of an agreement under paragraph (1) shall be the 
same as the period of the withdrawal and reservation of lands under 
this subchapter, but may be amended from time to time.
``Sec. 2955c. Duration of withdrawal and reservation
    ``The withdrawal and reservation made by this subchapter shall 
terminate on March 31, 2039.

               ``SUBCHAPTER III--LIMESTONE HILLS, 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.
``Sec. 2957a. Withdrawal and reservation
    ``(a) Withdrawal.--Subject to valid existing rights and except as 
otherwise provided in this subchapter, the public lands and interests 
in lands described in subsection (c), and all other areas within the 
boundary of such lands as depicted on the map provided for by section 
2932 of this title which may become subject to the operation of the 
public land laws, are hereby withdrawn from all forms of appropriation 
under the public land laws, including the mining laws and the mineral 
leasing and geothermal leasing laws.
    ``(b) Reservation.--The lands withdrawn by subsection (a) are 
reserved for use by the Secretary of the Army for the following 
purposes:
            ``(1) The conduct of training for active and reserve 
        components of the armed forces.
            ``(2) The conduct of training by the Montana Department of 
        Military Affairs; any such use may not interfere with purposes 
        specified in paragraphs (1) and (3).
            ``(3) The construction, operation, and maintenance of 
        organizational support and maintenance facilities for component 
        units conducting training.
            ``(4) Other defense-related purposes consistent with the 
        purposes specified in the preceding paragraphs and authorized 
        pursuant to section 2934 of this title.
            ``(5) The conduct of training by State and local law 
        enforcement agencies, civil defense organizations, and public 
        education institutions; any such use may not interfere with 
        military training activities.
    ``(c) Land Description.--The public lands and interests in lands 
referred to in subsection (a) are the Federal lands comprising 
approximately 18,644 acres in Broadwater County, Montana, as generally 
depicted as `Proposed Land Withdrawal' on the map entitled `Limestone 
Hills Training Area Land Withdrawal' dated _____, and filed in 
accordance with section 2932 of this title.
    ``(d) Indian Tribes.--Nothing in this subchapter shall be construed 
as altering any rights reserved for an Indian tribe for tribal use by 
treaty or Federal law. Subject to section 2933 of this title, the 
Secretary of the Army shall consult with any Indian tribe in the 
vicinity of the lands withdrawn and reserved by this section before 
taking action affecting tribal rights or cultural resources protected 
by treaty or Federal law.
``Sec. 2957b. Management of withdrawn and reserved lands
    ``During the period of the withdrawal and reservation made by this 
subchapter, the Secretary of the Army shall manage the lands withdrawn 
and reserved by this subchapter for the purposes specified in section 
2957a of this title.
``Sec. 2957c. Duration of withdrawal and reservation
    ``(a) Term.--The withdrawal and reservation made by this subchapter 
shall terminate on March 31, 2039.
    ``(b) Extension of Term.--Notwithstanding section 2940 of this 
title, in accordance with section 2 of the Act of February 28, 1958, 
Public Law 85-337 (72 STAT. 27), commonly known as the `Engle Act' (43 
U.S.C. 156), if an application is filed by the Secretary of the Army in 
accordance with section 2941 of this title, the Secretary of the 
Interior may use the authority and procedures under section 204 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714) to 
extend the withdrawal and reservation made by this subchapter for an 
additional term not to exceed 20 years in accordance with that section 
and other applicable law.
``Sec. 2957d. Special rules governing minerals management
    ``(a) Indian Creek Mine.--Locatable mineral activities in the 
approved Indian Creek Mine, plan of operations MTM-78300, shall be 
regulated pursuant to subparts 3715 and 3809 of title 43, Code of 
Federal Regulations. Notwithstanding section 2935 of this title, the 
Secretary of the Army shall make no determination that the disposition 
of or exploration for minerals as provided for in the approved plan of 
operations is inconsistent with the military uses of such lands. The 
coordination of such disposition of and exploration for minerals with 
military uses of such lands shall be determined pursuant to procedures 
in an agreement provided for under subsection (d).
    ``(b) Removal of Unexploded Ordnance on Lands To Be Mined.--The 
Secretary of the Army shall request funding for and, subject to the 
availability of such funds, shall remove unexploded ordnance on lands 
withdrawn and reserved by this subchapter which are subject to mining 
under subsection (a), consistent with applicable Federal and State law. 
The Secretary of the Army may engage in such removal of unexploded 
ordnance in phases to accommodate the development of the Indian Creek 
Mine pursuant to subsection (a).
    ``(c) Report on Removal Activities.--The Secretary of the Army 
shall annually submit to the Secretary of the Interior a report 
regarding the unexploded ordnance removal activities for the previous 
fiscal year performed pursuant to subsection (b). The report shall 
include the amounts of funding expended for unexploded ordnance removal 
on such lands.
    ``(d) Implementation Agreement for Mining Activities.--(1) The 
Secretary of the Interior and the Secretary of the Army shall enter 
into an agreement to implement this section with regard to coordination 
of defense-related uses and mining and the ongoing removal of 
unexploded ordnance. The agreement shall provide the following:
            ``(A) Procedures that will be used to facilitate day-to-day 
        joint-use of the Limestone Hills Training Area.
            ``(B) Procedures for access through mining operations 
        covered by this section to training areas within the boundaries 
        of the Limestone Hills Training Area.
            ``(C) Procedures for scheduling of the removal of 
        unexploded ordnance.
    ``(2) The Secretary of the Interior and the Secretary of the Army 
shall invite Graymont Western US, Inc., or any successor or assign of 
the approved Indian Creek Mine mining plan of operations, MTM-78300, to 
be a party to the agreement.
``Sec. 2957e. Grazing
    ``(a) Issuance and Administration of Permits and Leases.--The 
issuance and administration of grazing permits and leases, including 
their renewal, on the lands withdrawn and reserved by this subchapter 
shall be managed by the Secretary of the Interior consistent with all 
applicable laws, regulations, and policies of the Secretary of the 
Interior relating to such permits and leases.
    ``(b) Safety Requirements.--With respect to any grazing permit or 
lease issued after the date of enactment of this subchapter for lands 
withdrawn and reserved by this subchapter, the Secretary of the 
Interior and the Secretary of the Army shall jointly establish 
procedures that are consistent with Department of the Army explosive 
and range safety standards and that provide for the safe use of any 
such lands.
    ``(c) Assignment.--The Secretary of the Interior may, with the 
agreement of the Secretary of the Army, assign the authority to issue 
and to administer grazing permits and leases to the Secretary of the 
Army, except that such an assignment may not include the authority to 
discontinue grazing on the lands withdrawn and reserved by this 
subchapter.

            ``SUBCHAPTER IV--CHOCOLATE MOUNTAIN, CALIFORNIA

``Sec.
``2959a. Withdrawal and reservation.
``2959b. Management of withdrawn and reserved lands.
``2959c. Duration of withdrawal and reservation.
``2959d. Access.
``Sec. 2959a. Withdrawal and reservation
    ``(a) Withdrawal.--Subject to valid existing rights and except as 
otherwise provided in this subchapter, the public lands and interests 
in lands described in subsection (c), and all other areas within the 
boundary of such lands as depicted on the map provided for by section 
2932 of this title which may become subject to the operation of the 
public land laws, are hereby withdrawn from all forms of appropriation 
under the public land laws, including the mining laws and the mineral 
leasing and geothermal leasing laws.
    ``(b) Reservation.--The lands withdrawn by subsection (a) are 
reserved for use by the Secretary of the Navy for the following 
purposes:
            ``(1) Testing and training for aerial bombing, missile 
        firing, tactical maneuvering, and air support.
            ``(2) Small unit ground forces training, including 
        artillery firing, demolition activities, and small arms field 
        training.
            ``(3) Other defense-related purposes consistent with the 
        purposes specified in the preceding paragraphs and authorized 
        pursuant to section 2934 of this title.
    ``(c) Land Description.--The public lands and interests in lands 
referred to in subsection (a) are the Federal lands comprising 
approximately 228,325 acres in Imperial and Riverside Counties, 
California, as generally depicted on a map entitled `Chocolate Mountain 
Aerial Gunnery Range Proposed--Withdrawal', said map originally dated 
1987, with revised dating to July 1993, prepared by Department of the 
Navy, Naval Facilities Engineering Command, identified as WESTDIV 
Drawing No. C-102370, on file with the Department of the Interior, 
Bureau of Land Management, California State Office, and filed in 
accordance with section 2932 of this title.
``Sec. 2959b. Management of withdrawn and reserved lands
    ``(a) Management by the Secretary of the Interior.--Except as 
provided in subsection (b), during the period of the withdrawal and 
reservation of lands by this subchapter, the Secretary of the Interior 
shall manage the lands withdrawn and reserved by section 2959a of this 
title in accordance with this chapter, the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.), and other applicable 
law.
    ``(b) Assignment of Management to the Secretary of the Navy.--The 
Secretary of the Interior may assign the management responsibility, in 
whole or in part, for the lands withdrawn and reserved by section 2959a 
of this title to the Secretary of the Navy. If the Secretary of the 
Navy accepts such assignment, that Secretary shall manage such lands in 
accordance with this title, title I of the Sikes Act (16 U.S.C. 670a et 
seq.), and other applicable law.
    ``(c) Implementing Agreement.--(1) The Secretary of the Interior 
and the Secretary of the Navy may enter into a written agreement to 
implement the assignment of management responsibility pursuant to 
subsection (b).
    ``(2) An agreement under paragraph (1) shall include a provision 
for periodic review of the agreement for its adequacy, effectiveness, 
and need for revision.
    ``(3) The duration of an agreement under paragraph (1) shall be the 
same as the period of the withdrawal and reservation of lands under 
this subchapter, but may be amended from time to time.
    ``(d) Access Agreement.--The Secretary of the Interior and the 
Secretary of the Navy may enter into a written agreement to address 
access to and maintenance of Bureau of Reclamation facilities located 
within the boundary of the Chocolate Mountains Aerial Gunnery Range.
``Sec. 2959c. Duration of withdrawal and reservation
    ``The withdrawal and reservation made by this subchapter shall 
terminate on March 31, 2039.
``Sec. 2959d. Access
    ``Notwithstanding section 2933 of this title, the lands withdrawn 
and reserved by section 2959a of this title, other than those 
constituting the Bradshaw Trail, are closed to the public and all uses, 
other than those authorized by section 2959a(b) of this title or 
pursuant to section 2934 of this title, shall be subject to such 
conditions and restrictions as may be necessary to prevent any 
interference with the uses authorized by section 2959a(b) of this title 
or pursuant to section 2934 of this title.

              ``SUBCHAPTER V--TWENTYNINE PALMS, CALIFORNIA

``Sec.
``2961a. Withdrawal and reservation.
``2961b. Management of withdrawn and reserved lands.
``2961c. Duration of withdrawal and reservation.
``Sec. 2961a. Withdrawal and reservation
    ``(a) Withdrawal.--Subject to valid existing rights and except as 
otherwise provided in this subchapter, the public lands and interests 
in lands described in subsection (d), and all other areas within the 
boundary of such lands as depicted on the map provided for by section 
2932 of this title which may become subject to the operation of the 
public land laws, are hereby withdrawn from all forms of appropriation 
under the public land laws, including the mining laws and the mineral 
leasing and geothermal leasing laws.
    ``(b) Reservation for Secretary of the Navy.--The lands withdrawn 
by subsection (a) constituting the Exclusive Military Use Area are 
reserved for use by the Secretary of the Navy for the following 
purposes:
            ``(1) Sustained, combined arms, live-fire, and maneuver 
        field training for large-scale Marine air ground task forces.
            ``(2) Individual and unit live-fire training ranges.
            ``(3) Equipment and tactics development.
            ``(4) Other defense-related purposes consistent with the 
        purposes specified in the preceding paragraphs and authorized 
        pursuant to section 2934 of this title.
    ``(c) Reservation for Secretary of the Interior.--The lands 
withdrawn by subsection (a) constituting the Shared Use Area are 
reserved for use by the Secretary of the Navy for the purposes 
specified in subsection (b) and for the Secretary of the Interior for 
the following purposes:
            ``(1) Public recreation when not used for military training 
        and having been determined as suitable for public use.
            ``(2) Natural resources conservation.
    ``(d) Land Description.--The public lands and interests in lands 
referred to in subsection (a) are the Federal lands comprising 
approximately 154,663 acres in San Bernardino County, California, as 
generally depicted on a map entitled ___, dated ___, and filed in 
accordance with section 2932 of this title. Such lands are divided into 
two areas, as follows:
            ``(1) The Exclusive Military Use Area, divided into four 
        areas, consisting of one area to the west of the Marine Corps 
        Air Ground Combat Center of approximately 103,618 acres, one 
        area south of the Marine Corps Air Ground Combat Center of 
        approximately 21,304 acres, and two other areas, each measuring 
        approximately 300 meters square, located inside the boundaries 
        of the Shared Use Area.
            ``(2) The Shared Use Area, consisting of approximately 
        36,755 acres.
``Sec. 2961b. Management of withdrawn and reserved lands
    ``(a) Management by the Secretary of the Navy.--During the period 
of withdrawal and reservation of lands by this subchapter, the 
Secretary of the Navy shall, subject to subsection (b), manage the 
lands withdrawn and reserved by section 2961a of this title for the 
purposes specified in such section pursuant to--
            ``(1) an integrated natural resources management plan 
        prepared and implemented pursuant to title I of the Sikes Act 
        (16 U.S.C. 670 et seq.);
            ``(2) this title; and
            ``(3) a programmatic agreement between the United States 
        Marine Corps and the California State Historic Preservation 
        Officer regarding operation, maintenance, training, and 
        construction at the United States Marine Air Ground Task Force 
        Training Command, Marine Corps Air Ground Combat Center, 
        Twentynine Palms, California.
    ``(b) Management by the Secretary of the Interior.--(1) During the 
period of withdrawal and reservation of lands by this subchapter, the 
Secretary of the Interior shall manage the Shared Use Area except for 
two 30-day periods each year when such lands are exclusively used by 
the Secretary of the Navy for military training purposes, during which 
time the Secretary of the Navy shall manage such lands.
    ``(2) The Secretary of the Interior, during the period of the 
Secretary's management pursuant to paragraph (1), shall manage the 
Shared Use Area for the purposes specified in section 2961a(c) of this 
title in accordance with--
            ``(A) the Federal Land Policy and Management Act of 1976 
        (43 U.S.C. 1701 et seq.); and
            ``(B) any other applicable law and regulations.
    ``(3) The Secretary of the Navy, during the period of the 
Secretary's management pursuant to paragraph (1), shall manage the 
Shared Use Area for the purposes specified in section 2961a(b) of this 
title in accordance with--
            ``(A) an integrated natural resources management plan 
        prepared and implemented in accordance with title I of the 
        Sikes Act (16 U.S.C. 670a et seq.);
            ``(B) this title; and
            ``(C) the programmatic agreement referred to in subsection 
        (a)(3).
    ``(c) Public Access.--(1) Notwithstanding section 2933 of this 
title, the Exclusive Military Use Area shall be closed to all public 
access unless otherwise authorized by the Secretary of the Navy.
    ``(2) The Shared Use Area shall be open to public recreational use 
during the period it is under the management of the Secretary of the 
Interior, but only after being determined as suitable for public use by 
the Secretary of the Navy. Any such determination shall not be 
unreasonably withheld.
    ``(3)(A) The Secretary of the Navy and the Secretary of the 
Interior, by agreement, shall establish a Resource Management Group 
comprised of representatives of the Departments of the Interior and 
Navy.
    ``(B) The Group shall--
            ``(i) develop and implement a public outreach plan to 
        inform the public of the land uses changes and safety 
        restrictions affecting the withdrawn lands; and
            ``(ii) advise the Secretaries of the Interior and Navy as 
        to all issues associated with the multiple uses of the Shared 
        Use Area.
    ``(C) The Group shall meet at least once a year and shall seek 
information from relevant California State agencies, private off-
highway vehicle interest groups, event managers, environmental advocacy 
groups, and others relating to the management and facilitation of 
recreational use within the Shared Use Area.
    ``(4) Military training within the Shared Use Area shall not be 
conditioned on, nor shall such training be precluded by--
            ``(A) the lack of a Department of the Interior developed 
        and implemented recreation management plan or land use 
        management plan for the Shared Use Area; or
            ``(B) any legal or administrative challenge to any such 
        recreation management plan or land use plan document.
    ``(5) The Shared Use Area shall be managed so as not to compromise 
the ability of the Department of the Navy to conduct military training 
in the Area.
    ``(d) Implementation Agreement.--The Secretary of the Interior and 
the Secretary of the Navy shall enter into a written agreement to 
implement the management responsibility relating to the Shared Use 
Area. The agreement--
            ``(1) shall include a provision for periodic review of the 
        agreement for its adequacy, effectiveness, and need for 
        revision;
            ``(2) shall have a duration which shall be the same as the 
        period of the withdrawal and reservation of lands under this 
        subchapter, but may be amended from time to time;
            ``(3) may provide for the integration of the management 
        plans required of the Secretaries of the Interior and Navy by 
        this chapter;
            ``(4) may provide for delegation to civilian law 
        enforcement personnel of the Department of the Navy of the 
        authority of the Secretary of the Interior to enforce the laws 
        relating to protection of natural and cultural resources and of 
        fish and wildlife; and
            ``(5) may provide for the Secretaries of the Interior and 
        Navy to share resources in order to most efficiently and 
        effectively manage the Shared Use Area.
    ``(e) Johnson Valley Off-Highway Vehicle Recreation Area.--
            ``(1) Designation.--Approximately 45,000 acres (as depicted 
        on the map referred to in section 2961a of this title) of the 
        existing Bureau of Land Management-designated Johnson Valley 
        Off-Highway Vehicle Area that are not withdrawn and reserved 
        for defense-related uses by this subchapter, together with the 
        Shared Use Area, are hereby designated as the `Johnson Valley 
        Off-Highway Vehicle Recreation Area'.
            ``(2) Authorized activities.--To the extent consistent with 
        applicable Federal law and regulations and this chapter, any 
        authorized recreation activities and use designation in effect 
        on the date of the enactment of this subchapter and applicable 
        to the Johnson Valley Off-Highway Vehicle Recreation Area may 
        continue, including casual off-highway vehicular use, racing, 
        competitive events, rock crawling, training, and other forms of 
        off-highway recreation.
            ``(3) Administration.--The Secretary of the Interior shall 
        administer the Johnson Valley Off-Highway Vehicle Recreation 
        Area (other than that portion consisting of the Shared Use Area 
        the management of which is addressed elsewhere in this section) 
        in accordance with the Federal Land Policy and Management Act 
        of 1976 (43 U.S.C. 1701 et seq.) and other applicable laws and 
        regulations.
            ``(4) Transit.--In coordination with the Secretary of the 
        Interior, the Secretary of the Navy may authorize transit 
        through the Johnson Valley Off-Highway Vehicle Recreation Area 
        for defense-related purposes supporting military training 
        (including military range management and management of exercise 
        activities) conducted on the lands withdrawn and reserved by 
        this subchapter.
``Sec. 2961c. Duration of withdrawal and reservation
    ``The withdrawal and reservation made by this subchapter shall 
terminate on March 31, 2039.''.
    (b) Compensation to Broadwater County, Montana.--The Secretary of 
the Army may pay Broadwater County, Montana, a one-time lump sum 
payment of $1,000,000 to offset the 25-year loss of payments in lieu of 
taxes provided to the County by the Federal Government for lands 
withdrawn and reserved by subchapter III of chapter 174 of title 10, 
United States Code, as added by subsection (a).
    (c) Termination of Prior Withdrawals.--The withdrawal and 
reservation contained in section 803(a) of the California Military 
Lands Withdrawal and Overflights Act of 1994 is hereby terminated. 
Notwithstanding such termination, all rules, regulations, orders, 
permits, and other privileges issued or granted by the Secretary of the 
Interior or a Secretary concerned with respect to the lands withdrawn 
and reserved under such section, unless inconsistent with the 
provisions of chapter 174 of title 10, United States Code, as added by 
subsection (a), shall remain in force until modified, suspended, 
overruled, or otherwise changed by that Secretary, by a court of 
competent jurisdiction, or by operation of law.
    (d) Clerical Amendment.--The table of chapters at the beginning of 
subtitle A of such title and at the beginning of part IV of such 
subtitle are each amended by inserting after the item relating to 
chapter 173 the following new item:

``174. Land Withdrawals.....................................    2931''.
                                 <all>
```