II 

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. 

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. 

24 ‘‘(c) LAND DESCRIPTION.—The public lands and in25 terests in lands referred to in subsection (a) are the FedVerDate Mar 15 2010 03:48 Jul 17, 2013 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S1309.IS S1309

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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 03:48 Jul 17, 2013 Jkt 029200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1309.IS 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 03:48 Jul 17, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1309.IS 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 03:48 Jul 17, 2013 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1309.IS 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 03:48 Jul 17, 2013 Jkt 029200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1309.IS 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’’. 

Æ 


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