IB 

Union Calendar No. 407 

115TH CONGRESS 

2D SESSION H. R. 4299 

[Report No. 115–542, Part I] 

To provide for the indefinite duration of certain military land withdrawals, 

to improve the management of lands currently subject to such withdrawals and to make the management of such lands more transparent, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 8, 2017 

Mr. BISHOP of Utah (for himself, Mr. THORNBERRY, and Mr. WILSON of 

South Carolina) introduced the following bill; which was referred to the 

Committee on Natural Resources, and in addition to the Committee on 

Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

FEBRUARY 2, 2018 

Reported from the Committee on Natural Resources with an amendment 

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

FEBRUARY 2, 2018 

The Committee on Armed Services discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on November 8, 2017] 


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A BILL 

To provide for the indefinite duration of certain military 

land withdrawals, to improve the management of lands 

currently subject to such withdrawals and to make the 

management of such lands more transparent, and for 

other purposes. 


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

3 SECTION 1. INDEFINITE DURATION OF CERTAIN MILITARY 

4 LAND WITHDRAWALS AND RESERVATIONS 

5 AND IMPROVED MANAGEMENT OF WITH6 DRAWN AND RESERVED LANDS. 

7 (a) IMPROVING MANAGEMENT OF CURRENT STATU8 TORY LAND WITHDRAWALS AND RESERVATIONS AND MAK9 ING MANAGEMENT MORE TRANSPARENT.— 

10 (1) ROLE OF SECRETARY OF THE INTERIOR.— 

11 Section 101(a)(2) of the Sikes Act (16 U.S.C. 

12 670a(a)(2)) is amended by striking ‘‘, acting through 

13 the Director of the United States Fish and Wildlife 

14 Service,’’. 

15 (2) ADDITIONAL ELEMENTS OF INTEGRATED

16 NATURAL RESOURCES MANAGEMENT PLAN.—Section 

17 101(b) of the Sikes Act (16 U.S.C. 670a(b)) is amend18 ed— 

19 (A) in paragraph (1)— 

20 (i) in subparagraph (I), by striking 

21 ‘‘and’’ after the semicolon; 

22 (ii) by redesignating subparagraph (J) 

23 as subparagraph (K); and 

24 (iii) by inserting after subparagraph 

25 (I) the following new subparagraph: 


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1 ‘‘(J) procedures to ensure that each periodic 

2 review of the plan is conducted jointly by the 

3 Secretary of the military department and the 

4 Secretary of the Interior, and that affected States 

5 and Indian tribes, and the public, are provided 

6 a meaningful opportunity to comment upon any 

7 substantial revisions to the plan that may be 

8 proposed; and’’; 

9 (B) by redesignating paragraphs (2) and 

10 (3) as paragraphs (3) and (4), respectively; and 

11 (C) by inserting after paragraph (1) the fol12 lowing new paragraph: 

13 ‘‘(2) shall contain a determination by the Sec14 retary of the military department regarding whether 

15 there will be a continuing military need for the lands 

16 covered by the integrated natural resources manage17 ment plan during the period of the plan;’’. 

18 (b) EL CENTRO NAVAL AIR FACILITY RANGES.— 

19 (1) ELIMINATION OF TERMINATION DATE AND

20 CONFORMING AMENDMENTS.—The El Centro Naval 

21 Air Facility Ranges Withdrawal Act (subtitle B of 

22 title XXIX of Public Law 104–201; 110 Stat. 2813) 

23 is amended— 


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1 (A) in section 2921(b)(3), by striking ‘‘, be2 fore the termination date specified in section 

3 2925,’’; 

4 (B) in section 2924(a), by striking the third 

5 sentence; 

6 (C) by striking sections 2925 and 2927; and 

7 (D) in section 2928(a), by striking ‘‘speci8 fied in section 2925’’. 

9 (2) ESTABLISHMENT OF INTERGOVERNMENTAL

10 EXECUTIVE COMMITTEE.—The El Centro Naval Air 

11 Facility Ranges Withdrawal Act (subtitle B of title 

12 XXIX of Public Law 104–201; 110 Stat. 2813) is fur13 ther amended by inserting after section 2924 the fol14 lowing new section: 

15 ‘‘SEC. 2925. INTERGOVERNMENTAL EXECUTIVE COMMITTEE. 

16 ‘‘(a) ESTABLISHMENT AND PURPOSE.—The Secretary 

17 of the Navy and the Secretary of the Interior shall establish, 

18 by memorandum of understanding, an intergovernmental 

19 executive committee for the sole purpose of exchanging 

20 views, information, and advice relating to the management 

21 of the natural and cultural resources of the lands with22 drawn and reserved under this subtitle. 

23 ‘‘(b) COMPOSITION.— 

24 ‘‘(1) REPRESENTATIVES OF OTHER FEDERAL

25 AGENCIES.—The Secretary of the Navy and the SecVerDate Sep 11 2014 21:35 Feb 02, 2018 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H4299.RH H4299

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1 retary of the Interior shall include representatives 

2 from interested Federal agencies as members of the 

3 intergovernmental executive committee. 

4 ‘‘(2) REPRESENTATIVES OF STATE AND LOCAL

5 GOVERNMENTS.—The Secretary of the Navy and the 

6 Secretary of the Interior shall invite to serve as mem7 bers of the intergovernmental executive committee— 

8 ‘‘(A) at least one elected officer (or other au9 thorized representative) from the government of 

10 the State of California; and 

11 ‘‘(B) at least one elected officer (or other au12 thorized representative) from each local govern13 ment and Indian tribal government in the vicin14 ity of the withdrawn and reserved lands, as de15 termined by the Secretaries. 

16 ‘‘(c) OPERATION.—The intergovernmental executive 

17 committee shall operate in accordance with the terms set 

18 forth in the memorandum of understanding under sub19 section (a). 

20 ‘‘(d) PROCEDURES.—The memorandum of under21 standing under subsection (a) shall establish procedures for 

22 creating a forum for exchanging views, information, and 

23 advice relating to the management of natural and cultural 

24 resources on the lands withdrawn and reserved under this 

25 subtitle, procedures for rotating the chair of the intergovernVerDate Sep 11 2014 21:35 Feb 02, 2018 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H4299.RH H4299

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1 mental executive committee, and procedures for scheduling 

2 regular meetings, which shall occur no less frequently than 

3 twice a year. 

4 ‘‘(e) COORDINATOR.—The Secretary of the Navy, in 

5 consultation with the Secretary of the Interior, shall ap6 point an individual to serve as coordinator of the intergov7 ernmental executive committee. The duties of the coordi8 nator shall be included in the memorandum of under9 standing under subsection (a). The coordinator shall not be 

10 a member of the committee. 

11 ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The Fed12 eral Advisory Committee Act (5 U.S.C. App.) does not 

13 apply to the intergovernmental executive committee.’’. 

14 (3) DETERMINATION OF CONTINUING MILITARY

15 NEED FOR WITHDRAWAL AND RESERVATION AND PUB16 LIC REPORTS.—The El Centro Naval Air Facility 

17 Ranges Withdrawal Act (subtitle B of title XXIX of 

18 Public Law 104–201; 110 Stat. 2813) is further 

19 amended by inserting after section 2926 the following 

20 new section: 

21 ‘‘SEC. 2927. DETERMINATION OF CONTINUING MILITARY 

22 NEED FOR WITHDRAWAL AND RESERVATION 

23 AND PUBLIC REPORTS. 

24 ‘‘(a) DETERMINATION OF CONTINUING MILITARY

25 NEED.—Whenever an integrated natural resources manageVerDate Sep 11 2014 21:35 Feb 02, 2018 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H4299.RH H4299

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1 ment plan covering the lands withdrawn and reserved 

2 under this subtitle is reviewed as to operation and effect 

3 as required by section 101(b)(3) of the Sikes Act (16 U.S.C. 

4 670a(b)(2)), but not less often than every five years, the Sec5 retary of the Navy shall include the Secretary’s determina6 tion regarding whether there will be a continuing military 

7 need for any or all of the withdrawn and reserved lands 

8 for the following five years. 

9 ‘‘(b) PUBLIC REPORTS.— 

10 ‘‘(1) CHANGES IN LAND CONDITIONS.—(A) Con11 current with each review of an integrated natural re12 sources management plan described in subsection (a), 

13 the Secretary of the Navy and the Secretary of the In14 terior shall jointly prepare and issue a report describ15 ing any changes in the condition of the lands with16 drawn and reserved under this subtitle since the later 

17 of the date of any previous report under this para18 graph or the date of the environmental analysis pre19 pared to support the actions that changed the condi20 tion of the lands. 

21 ‘‘(B) A report under subparagraph (A) shall in22 clude a summary of current military use of the lands 

23 withdrawn and reserved under this subtitle, any 

24 changes in military use of the lands since the pre25 vious report, and efforts related to the management of 


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1 natural and cultural resources and environmental re2 mediation of the lands during the previous five years. 

3 ‘‘(2) COMBINATION WITH OTHER REPORTS.—A 

4 report under this subsection may be combined with, 

5 or incorporate by reference, any contemporary report 

6 required by any other provision of law regarding the 

7 lands withdrawn and reserved under this subtitle. 

8 ‘‘(3) PUBLIC REVIEW AND COMMENT.—(A) Before 

9 the finalization of a report under this subsection, the 

10 Secretary of the Navy and the Secretary of the Inte11 rior shall invite interested members of the public to 

12 review and comment on the report, and shall hold at 

13 least one public meeting concerning the report in a lo14 cation or locations reasonably accessible to persons 

15 who may be affected by management of the lands 

16 withdrawn and reserved under this subtitle. 

17 ‘‘(B) Each public meeting under subparagraph 

18 (A) shall be announced not less than 15 days before 

19 the date of the meeting by advertisements in local 

20 newspapers of general circulation, notices on the 

21 internet, including the website of El Centro, and any 

22 other means considered necessary or desirable by the 

23 Secretaries. 

24 ‘‘(4) DISTRIBUTION OF REPORT.—The final 

25 version of a report under this subsection shall be 


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1 made available to the public and submitted to the 

2 Committees on Armed Services and Energy and Nat3 ural Resources of the Senate and the Committees on 

4 Armed Services and Natural Resources of the House 

5 of Representatives.’’. 

6 (c) JUNIPER BUTTE RANGE.— 

7 (1) ELIMINATION OF TERMINATION DATE AND

8 CONFORMING AMENDMENTS.—The Juniper Butte 

9 Range Withdrawal Act (title XXIX of Public Law 

10 105–261; 112 Stat. 2226) is amended— 

11 (A) in section 2915— 

12 (i) in the section heading, by striking 

13 ‘‘DURATION’’ and inserting ‘‘RELIN14 QUISHMENT’’; 

15 (ii) in subsection (a), by striking 

16 ‘‘TERMINATION.—’’ and all that follows 

17 through ‘‘At the time of termination’’ and 

18 inserting ‘‘EFFECT OF RELINQUISHMENT

19 ON OPERATION OF GENERAL LAND LAWS.— 

20 Upon relinquishment of Department of the 

21 Air Force jurisdiction over lands with22 drawn and reserved by this title’’; 

23 (iii) in subsection (b)— 


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1 (I) in the subsection heading, by 

2 inserting ‘‘PROCESS’’ after ‘‘RELIN3 QUISHMENT’’; 

4 (II) in paragraph (1), by striking 

5 ‘‘under subsection (c)’’; and 

6 (III) in paragraph (3), by strik7 ing ‘‘before the date of termination, as 

8 provided for in subsection (a)(1)’’; and 

9 (iv) by striking subsection (c); and 

10 (B) in section 2916— 

11 (i) in the section heading, by striking 

12 ‘‘OR UPON TERMINATION OF WITH13 DRAWAL’’; 

14 (ii) in subsection (a)(1), by striking 

15 ‘‘and in all cases not later than 2 years be16 fore the date of termination of withdrawal 

17 and reservation,’’; 

18 (iii) in subsection (b), by striking ‘‘en19 vironmental remediation’’ and all that fol20 lows through the end of the subsection and 

21 inserting ‘‘environmental remediation before 

22 relinquishing, to the Secretary of the Inte23 rior, jurisdiction over any lands identified 

24 in a notice of intent to relinquish under sec25 tion 2915(b).’’; and 


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1 (iv) in subsection (d)— 

2 (I) in the subsection heading, by 

3 striking ‘‘TERMINATES’’ and inserting 

4 ‘‘RELINQUISHED’’; 

5 (II) by striking ‘‘termination 

6 date’’ both places it appears and in7 serting ‘‘relinquishment date’’; and 

8 (III) in paragraph (2), by strik9 ing ‘‘termination’’ and inserting ‘‘re10 linquishment’’. 

11 (2) ESTABLISHMENT OF INTERGOVERNMENTAL

12 EXECUTIVE COMMITTEE.—Section 2910 of the Juni13 per Butte Range Withdrawal Act (title XXIX of Pub14 lic Law 105–261; 112 Stat. 2231) is amended by add15 ing at the end the following new subsection: 

16 ‘‘(d) INTERGOVERNMENTAL EXECUTIVE COM17 MITTEE.— 

18 ‘‘(1) ESTABLISHMENT AND PURPOSE.—The 

19 memorandum of understanding under subsection (a) 

20 shall be modified as provided in subsection (c) to es21 tablish an intergovernmental executive committee for 

22 the sole purpose of exchanging views, information, 

23 and advice relating to the management of the natural 

24 and cultural resources of the lands withdrawn and re25 served by this title. 


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1 ‘‘(2) COMPOSITION.—(A) The Secretary of the 

2 Air Force and the Secretary of the Interior shall in3 clude representatives from interested Federal agencies 

4 as members of the intergovernmental executive com5 mittee. 

6 ‘‘(B) The Secretary of the Air Force and the Sec7 retary of the Interior shall invite to serve as members 

8 of the intergovernmental executive committee— 

9 ‘‘(i) at least one elected officer (or other au10 thorized representative) from the government of 

11 the State of Idaho; and 

12 ‘‘(ii) at least one elected officer (or other au13 thorized representative) from each local govern14 ment and Indian tribal government in the vicin15 ity of the withdrawn and reserved lands, as de16 termined by the Secretaries. 

17 ‘‘(3) OPERATION.—The intergovernmental execu18 tive committee shall operate in accordance with the 

19 terms set forth in the memorandum of understanding. 

20 ‘‘(4) PROCEDURES.—The memorandum of un21 derstanding shall establish procedures for creating a 

22 forum for exchanging views, information, and advice 

23 relating to the management of natural and cultural 

24 resources on the lands withdrawn and reserved by this 

25 title, procedures for rotating the chair of the intergovVerDate Sep 11 2014 21:35 Feb 02, 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H4299.RH H4299

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1 ernmental executive committee, and procedures for 

2 scheduling regular meetings, which shall occur no less 

3 frequently than twice a year. 

4 ‘‘(5) COORDINATOR.—The Secretary of the Air 

5 Force, in consultation with the Secretary of the Inte6 rior, shall appoint an individual to serve as coordi7 nator of the intergovernmental executive committee. 

8 The duties of the coordinator shall be included in the 

9 memorandum of understanding. The coordinator shall 

10 not be a member of the committee. 

11 ‘‘(6) FEDERAL ADVISORY COMMITTEE ACT.—The 

12 Federal Advisory Committee Act (5 U.S.C. App.) does 

13 not apply to the intergovernmental executive com14 mittee.’’. 

15 (3) DETERMINATIONS OF CONTINUING MILITARY

16 NEED FOR WITHDRAWAL AND RESERVATION AND PUB17 LIC REPORTS.—Section 2909 of the Juniper Butte 

18 Range Withdrawal Act (title XXIX of Public Law 

19 105–261; 112 Stat. 2230) is amended— 

20 (A) in subsection (c), by adding at the end 

21 the following new sentence: ‘‘The review shall in22 clude the determination of the Secretary of the 

23 Air Force regarding whether there will be a con24 tinuing military need for any or all of the withVerDate Sep 11 2014 21:35 Feb 02, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H4299.RH H4299

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1 drawn and reserved lands for the following 5 

2 years.’’; and 

3 (B) by adding at the end the following new 

4 subsection: 

5 ‘‘(d) PUBLIC REPORTS.— 

6 ‘‘(1) CHANGES IN LAND CONDITIONS.—(A) Con7 current with each review of an integrated natural re8 sources management plan developed under this sec9 tion. The Secretary of the Air Force and the Sec10 retary of the Interior shall jointly prepare and issue 

11 a report describing any changes in the condition of 

12 the lands withdrawn and reserved by this title since 

13 the later of the date of any previous report under this 

14 paragraph or the date of the environmental analysis 

15 prepared to support the actions that changed the con16 dition of the lands. 

17 ‘‘(B) A report under subparagraph (A) shall in18 clude a summary of current military use of the lands 

19 withdrawn and reserved by this title, any changes in 

20 military use of the lands since the previous report, 

21 and efforts related to the management of natural and 

22 cultural resources and environmental remediation of 

23 the lands during the previous 5 years. 

24 ‘‘(2) COMBINATION WITH OTHER REPORTS.—A 

25 report under this subsection may be combined with, 


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1 or incorporate by reference, any contemporary report 

2 required by any other provision of law regarding the 

3 lands withdrawn and reserved by this title. 

4 ‘‘(3) PUBLIC REVIEW AND COMMENT.—(A) Before 

5 the finalization of a report under this subsection, the 

6 Secretary of the Air Force and the Secretary of the 

7 Interior shall invite interested members of the public 

8 to review and comment on the report, and shall hold 

9 at least one public meeting concerning the report in 

10 a location or locations reasonably accessible to per11 sons who may be affected by management of the lands 

12 withdrawn and reserved by this title. 

13 ‘‘(B) Each public meeting under subparagraph 

14 (A) shall be announced not less than 15 days before 

15 the date of the meeting by advertisements in local 

16 newspapers of general circulation, notices on the 

17 internet, including the website of the Juniper Butte 

18 Range (if one exists), and any other means considered 

19 necessary or desirable by the Secretaries. 

20 ‘‘(4) DISTRIBUTION OF REPORT.—The final 

21 version of a report under this subsection shall be 

22 made available to the public and submitted to the 

23 Committees on Armed Services and Energy and Nat24 ural Resources of the Senate and the Committees on 


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1 Armed Services and Natural Resources of the House 

2 of Representatives.’’. 

3 (d) RANGES COVERED BY SUBTITLE A OF MILITARY

4 LANDS WITHDRAWAL ACT OF 1999.— 

5 (1) ELIMINATION OF TERMINATION DATE AND

6 CONFORMING AMENDMENTS.—The Military Lands 

7 Withdrawal Act of 1999 (title XXX of Public Law 

8 106–65; 113 Stat. 885) is amended— 

9 (A) by striking section 3015; 

10 (B) by striking section 3016 and inserting 

11 the following new section: 

12 ‘‘SEC. 3016. RELINQUISHMENT. 

13 ‘‘(a) NOTICE OF INTENT REGARDING RELINQUISH14 MENT.—If the Secretary of the military department con15 cerned decides to relinquish all or any of the lands with16 drawn and reserved by section 3011, such Secretary shall 

17 transmit a notice of intent to relinquish such lands to the 

18 Secretary of the Interior. 

19 ‘‘(b) OPENING DATE.—On the date of relinquishment 

20 of the withdrawal and reservation of lands withdrawn and 

21 reserved by section 3011, such lands shall not be open to 

22 any form of appropriation under the public land laws, in23 cluding the mineral laws and the mineral leasing and geo24 thermal leasing laws, until the Secretary of the Interior 

25 publishes in the Federal Register an appropriate order statVerDate Sep 11 2014 21:35 Feb 02, 2018 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H4299.RH H4299

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1 ing the date upon which such lands shall be restored to the 

2 public domain and opened.’’; and 

3 (C) in section 3017— 

4 (i) by striking ‘‘section 3016(d)’’ each 

5 place it appears and inserting ‘‘section 

6 3016’’; and 

7 (ii) in subsection (e)— 

8 (I) by striking ‘‘If because’’ and 

9 all that follows through ‘‘determines 

10 that’’ and inserting ‘‘If the Secretary 

11 of the Interior declines to accept juris12 diction over lands withdrawn by this 

13 subtitle which have been proposed for 

14 relinquishment because the Secretary 

15 determines that’’; and 

16 (II) in paragraph (2), by striking 

17 ‘‘the expiration of the withdrawal of 

18 such lands under this subtitle’’ and in19 serting ‘‘such determination’’. 

20 (2) ESTABLISHMENT OF INTERGOVERNMENTAL

21 EXECUTIVE COMMITTEES.—Section 3014 of the Mili22 tary Lands Withdrawal Act of 1999 (title XXX of 

23 Public Law 106–65; 113 Stat. 890) is amended by 

24 adding at the end the following new subsection: 


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1 ‘‘(g) INTERGOVERNMENTAL EXECUTIVE COMMIT2 TEES.— 

3 ‘‘(1) ESTABLISHMENT AND PURPOSE.—For the 

4 lands withdrawn and reserved by section 3011, the 

5 Secretary of the military department concerned and 

6 the Secretary of the Interior shall establish, by memo7 randum of understanding, an intergovernmental exec8 utive committee for each range for the sole purpose of 

9 exchanging views, information, and advice relating to 

10 the management of the natural and cultural resources 

11 of the withdrawn and reserved lands. 

12 ‘‘(2) COMPOSITION.—(A) The Secretary of the 

13 military department concerned and the Secretary of 

14 the Interior shall include representatives from inter15 ested Federal agencies as members of the intergovern16 mental executive committee for a range. 

17 ‘‘(B) The Secretary of the military department 

18 concerned and the Secretary of the Interior shall in19 vite to serve as members of the intergovernmental ex20 ecutive committee for a range— 

21 ‘‘(i) at least one elected officer (or other au22 thorized representative) from the government of 

23 the State in which the withdrawn and reserved 

24 lands are located; and 


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1 ‘‘(ii) at least one elected officer (or other au2 thorized representative) from each local govern3 ment and Indian tribal government in the vicin4 ity of the withdrawn and reserved lands, as de5 termined by the Secretaries. 

6 ‘‘(3) OPERATION.—The intergovernmental execu7 tive committee for a range shall operate in accordance 

8 with the terms set forth in the memorandum of under9 standing. 

10 ‘‘(4) PROCEDURES.—The memorandum of un11 derstanding for a range shall establish procedures for 

12 creating a forum for exchanging views, information, 

13 and advice relating to the management of natural 

14 and cultural resources on the withdrawn and reserved 

15 lands, procedures for rotating the chair of the inter16 governmental executive committee, and procedures for 

17 scheduling regular meetings, which shall occur no less 

18 frequently than twice a year. 

19 ‘‘(5) COORDINATOR.—The Secretary of the mili20 tary department concerned, in consultation with the 

21 Secretary of the Interior, shall appoint an individual 

22 to serve as coordinator of the intergovernmental exec23 utive committee for a range. The duties of the coordi24 nator shall be included in the memorandum of underVerDate Sep 11 2014 21:35 Feb 02, 2018 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H4299.RH H4299

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1 standing. The coordinator shall not be a member of 

2 the committee. 

3 ‘‘(6) FEDERAL ADVISORY COMMITTEE ACT.—The 

4 Federal Advisory Committee Act (5 U.S.C. App.) does 

5 not apply to an intergovernmental executive com6 mittee established under this subsection.’’. 

7 (3) DETERMINATION OF CONTINUING MILITARY

8 NEED FOR WITHDRAWAL AND RESERVATION AND PUB9 LIC REPORTS.—The Military Lands Withdrawal Act 

10 of 1999 (title XXX of Public Law 106–65; 113 Stat. 

11 885) is further amended by inserting after section 

12 3014 the following new section: 

13 ‘‘SEC. 3015. DETERMINATION OF CONTINUING MILITARY 

14 NEED FOR WITHDRAWAL AND RESERVATION 

15 AND PUBLIC REPORTS. 

16 ‘‘(a) DETERMINATION OF CONTINUING MILITARY

17 NEED.—Whenever an integrated natural resources manage18 ment plan covering the lands withdrawn and reserved 

19 under section 3011 is reviewed as to operation and effect 

20 as required by section 101(b)(3) of the Sikes Act (16 U.S.C. 

21 670a(b)(2)), but not less often than every five years, the Sec22 retary of the military department concerned shall include 

23 the Secretary’s determination regarding whether there will 

24 be a continuing military need for any or all of the with25 drawn and reserved lands for the following five years. 


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1 ‘‘(b) PUBLIC REPORTS.— 

2 ‘‘(1) CHANGES IN LAND CONDITIONS.—(A) Con3 current with each review of an integrated natural re4 sources management plan described in subsection (a), 

5 the Secretary of the military department concerned 

6 and the Secretary of the Interior shall jointly prepare 

7 and issue a report describing any changes in the con8 dition of the lands covered by the plan since the later 

9 of the date of any previous report under this para10 graph or the date of the environmental analysis pre11 pared to support the actions that changed the condi12 tion of the lands. 

13 ‘‘(B) A report under subparagraph (A) shall in14 clude a summary of current military use of the lands 

15 covered by the plan, any changes in military use of 

16 the lands since the previous report, and efforts related 

17 to the management of natural and cultural resources 

18 and environmental remediation of the lands during 

19 the previous five years. 

20 ‘‘(2) COMBINATION WITH OTHER REPORTS.—A 

21 report under this subsection may be combined with, 

22 or incorporate by reference, any contemporary report 

23 required by any other provision of law regarding the 

24 lands covered by the integrated natural resources 

25 management plan. 


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1 ‘‘(3) PUBLIC REVIEW AND COMMENT.—(A) Before 

2 the finalization of a report under this subsection, the 

3 Secretary of the military department concerned and 

4 the Secretary of the Interior shall invite interested 

5 members of the public to review and comment on the 

6 report, and shall hold at least one public meeting con7 cerning the report in a location or locations reason8 ably accessible to persons who may be affected by 

9 management of the lands addressed by the report. 

10 ‘‘(B) Each public meeting under subparagraph 

11 (A) shall be announced not less than 15 days before 

12 the date of the meeting by advertisements in local 

13 newspapers of general circulation, notices on the 

14 internet, including the website of the affected military 

15 range (if one exists), and any other means considered 

16 necessary or desirable by the Secretaries. 

17 ‘‘(4) DISTRIBUTION OF REPORT.—The final 

18 version of a report under this subsection shall be 

19 made available to the public and submitted to the 

20 Committees on Armed Services and Energy and Nat21 ural Resources of the Senate and the Committees on 

22 Armed Services and Natural Resources of the House 

23 of Representatives.’’. 

24 (e) BARRY M. GOLDWATER RANGE.— 


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1 (1) ELIMINATION OF TERMINATION DATE AND

2 CONFORMING AMENDMENTS.—Section 3031 of the 

3 Military Lands Withdrawal Act of 1999 (title XXX of 

4 Public Law 106–65; 113 Stat. 897) is amended— 

5 (A) in subsection (c)— 

6 (i) in paragraph (1), by striking ‘‘, in7 cluding the duration of any renewal or ex8 tension’’; 

9 (ii) in paragraph (2)— 

10 (I) in the paragraph heading, by 

11 striking ‘‘OR TERMINATION’’; and 

12 (II) in subparagraph (C), by 

13 striking the last sentence; and 

14 (iii) in paragraph (3)(A), by striking 

15 ‘‘or termination’’; and 

16 (B) in subsection (d), by striking ‘‘DURA17 TION’’ and all that follows through ‘‘of the termi18 nation’’ and inserting ‘‘EFFECT OF RELIN19 QUISHMENT ON OPERATION OF GENERAL LAND

20 LAWS.—On the date of relinquishment’’; 

21 (C) by striking subsection (e); and 

22 (D) in subsection (f)— 

23 (i) in the subsection heading, by strik24 ing ‘‘TERMINATION AND’’; 


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1 (ii) in paragraph (1), by striking ‘‘but 

2 not later than three years before the termi3 nation of the withdrawal and reservation,’’; 

4 (iii) in paragraph (3), by striking ‘‘be5 fore the termination date of the withdrawal 

6 and reservation of such lands under this 

7 section’’; and 

8 (iv) in paragraph (4)(A), by striking 

9 ‘‘Notwithstanding the termination date, un10 less’’ and inserting ‘‘Unless’’. 

11 (2) DETERMINATIONS OF CONTINUING MILITARY

12 NEED FOR WITHDRAWAL AND RESERVATION.—Section 

13 3031 of the Military Lands Withdrawal Act of 1999 

14 (title XXX of Public Law 106–65; 113 Stat. 897) is 

15 further amended by inserting after subsection (d) the 

16 following new subsection: 

17 ‘‘(e) PERIODIC DETERMINATION OF CONTINUING MILI18 TARY NEED.—Whenever an integrated natural resources 

19 management plan covering the lands withdrawn and re20 served under this section is reviewed as to operation and 

21 effect as required by section 101(b)(3) of the Sikes Act (16 

22 U.S.C. 670a(b)(2)), but not less often than every five years, 

23 the Secretary of the Navy and the Secretary of the Air Force 

24 shall include the Secretary’s determination regarding 

25 whether there will be a continuing military need for any 


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1 or all of the withdrawn and reserved lands for the following 

2 five years.’’. 

3 (3) USE OF DEFINITIONS.—Section 3031(c)(5) of 

4 the Military Lands Withdrawal Act of 1999 (title 

5 XXX of Public Law 106–65; 113 Stat. 907) is amend6 ed by striking subparagraphs (A) and (B) and insert7 ing the following: 

8 ‘‘(A) The term ‘military munitions’ has the 

9 meaning given that term in section 101(e)(4) of 

10 title 10, United States Code. 

11 ‘‘(B) The term ‘unexploded ordnance’ has 

12 the meaning given that term in section 101(e)(5) 

13 of such title.’’. 

14 (f) NATIONAL TRAINING CENTER.— 

15 (1) ELIMINATION OF TERMINATION DATE AND

16 CONFORMING AMENDMENTS.—The Fort Irwin Mili17 tary Land Withdrawal Act of 2001 (title XXIX of 

18 Public Law 107–107; 115 Stat. 1335) is amended— 

19 (A) in section 2910, by striking the section 

20 heading and all that follows through ‘‘At the 

21 time of termination’’ and inserting the following: 

22 ‘‘SEC. 2910. EFFECT OF RELINQUISHMENT ON OPERATION 

23 OF GENERAL LAND LAWS. 

24 ‘‘On the date of relinquishment’’; 

25 (B) by striking section 2911; and 


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1 (C) in section 2912— 

2 (i) in the section heading, by striking 

3 ‘‘TERMINATION AND’’; 

4 (ii) in subsection (a), by striking 

5 ‘‘During the first 22 years of the with6 drawal and reservation made by this title, 

7 if’’ and inserting ‘‘If’’; 

8 (iii) in subsection (c), by striking ‘‘be9 fore the termination date of the withdrawal 

10 and reservation’’; and 

11 (iv) in subsection (d), by striking 

12 ‘‘Notwithstanding the termination date 

13 specified in section 2910, unless’’ and in14 serting ‘‘Unless’’. 

15 (2) DETERMINATION OF CONTINUING MILITARY

16 NEED FOR WITHDRAWAL AND RESERVATION AND PUB17 LIC REPORTS.—The Fort Irwin Military Land With18 drawal Act of 2001 (title XXIX of Public Law 107– 

19 107; 115 Stat. 1335) is further amended by inserting 

20 after section 2910 the following new section: 

21 ‘‘SEC. 2911. DETERMINATION OF CONTINUING MILITARY 

22 NEED FOR WITHDRAWAL AND RESERVATION 

23 AND PUBLIC REPORTS. 

24 ‘‘(a) PERIODIC DETERMINATION OF CONTINUING

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1 ment plan covering the lands withdrawn and reserved 

2 under this title is reviewed as to operation and effect as 

3 required by section 101(b)(3) of the Sikes Act (16 U.S.C. 

4 670a(b)(2)), but not less often than every five years, the Sec5 retary of the Army shall include in the plan the Secretary’s 

6 determination regarding whether there will be a continuing 

7 military need for any or all of the withdrawn and reserved 

8 lands for the following five years. 

9 ‘‘(b) PUBLIC REPORTS.— 

10 ‘‘(1) CHANGES IN LAND CONDITIONS.—(A) Con11 current with each review of an integrated natural re12 sources management plan described in subsection (a), 

13 the Secretary of the Army and the Secretary of the 

14 Interior shall jointly prepare and issue a report de15 scribing any changes in the condition of the lands 

16 withdrawn and reserved by this title since the later 

17 of the date of any previous report under this para18 graph or the date of the environmental analysis pre19 pared to support the actions that changed the condi20 tion of the lands. 

21 ‘‘(B) A report under subparagraph (A) shall in22 clude a summary of current military use of the lands 

23 withdrawn and reserved by this title, any changes in 

24 military use of the lands since the previous report, 

25 and efforts related to the management of natural and 


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1 cultural resources and environmental remediation of 

2 the lands during the previous five years. 

3 ‘‘(2) COMBINATION WITH OTHER REPORTS.—A 

4 report under this subsection may be combined with, 

5 or incorporate by reference, any contemporary report 

6 required by any other provision of law regarding the 

7 lands withdrawn and reserved by this title. 

8 ‘‘(3) PUBLIC REVIEW AND COMMENT.—(A) Before 

9 the finalization of a report under this subsection, the 

10 Secretary of the Army and the Secretary of the Inte11 rior shall invite interested members of the public to 

12 review and comment on the report, and shall hold at 

13 least one public meeting concerning the report in a lo14 cation or locations reasonably accessible to persons 

15 who may be affected by management of the lands 

16 withdrawn and reserved by this title. 

17 ‘‘(B) Each public meeting under subparagraph 

18 (A) shall be announced not less than 15 days before 

19 the date of the meeting by advertisements in local 

20 newspapers of general circulation, notices on the 

21 internet, including the website of National Training 

22 Range, and any other means considered necessary or 

23 desirable by the Secretaries. 

24 ‘‘(4) DISTRIBUTION OF REPORT.—The final 

25 version of a report under this subsection shall be 


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1 made available to the public and submitted to the 

2 Committees on Armed Services and Energy and Nat3 ural Resources of the Senate and the Committees on 

4 Armed Services and Natural Resources of the House 

5 of Representatives.’’. 

6 (3) ESTABLISHMENT OF INTERGOVERNMENTAL

7 EXECUTIVE COMMITTEE.—The Fort Irwin Military 

8 Land Withdrawal Act of 2001 (title XXIX of Public 

9 Law 107–107; 115 Stat. 1335) is further amended by 

10 adding at the end the following new section: 

11 ‘‘SEC. 2914. INTERGOVERNMENTAL EXECUTIVE COMMITTEE. 

12 ‘‘(a) ESTABLISHMENT AND PURPOSE.—The Secretary 

13 of the Army and the Secretary of the Interior shall establish, 

14 by memorandum of understanding, an intergovernmental 

15 executive committee for the sole purpose of exchanging 

16 views, information, and advice relating to the management 

17 of the natural and cultural resources of the lands with18 drawn and reserved by this title. 

19 ‘‘(b) COMPOSITION.— 

20 ‘‘(1) REPRESENTATIVES OF OTHER FEDERAL

21 AGENCIES.—The Secretary of the Army and the Sec22 retary of the Interior shall include representatives 

23 from interested Federal agencies as members of the 

24 intergovernmental executive committee. 


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1 ‘‘(2) REPRESENTATIVES OF STATE AND LOCAL

2 GOVERNMENTS.—The Secretary of the Army and the 

3 Secretary of the Interior shall invite to serve as mem4 bers of the intergovernmental executive committee— 

5 ‘‘(A) at least one elected officer (or other au6 thorized representative) from the government of 

7 the State of California; and 

8 ‘‘(B) at least one elected officer (or other au9 thorized representative) from each local govern10 ment and Indian tribal government in the vicin11 ity of the withdrawn and reserved lands, as de12 termined by the Secretaries. 

13 ‘‘(c) OPERATION.—The intergovernmental executive 

14 committee shall operate in accordance with the terms set 

15 forth in the memorandum of understanding under sub16 section (a). 

17 ‘‘(d) PROCEDURES.—The memorandum of under18 standing under subsection (a) shall establish procedures for 

19 creating a forum for exchanging views, information, and 

20 advice relating to the management of natural and cultural 

21 resources on the lands withdrawn and reserved by this title, 

22 procedures for rotating the chair of the intergovernmental 

23 executive committee, and procedures for scheduling regular 

24 meetings, which shall occur no less frequently than twice 

25 a year. 


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1 ‘‘(e) COORDINATOR.—The Secretary of the Army, in 

2 consultation with the Secretary of the Interior, shall ap3 point an individual to serve as coordinator of the intergov4 ernmental executive committee. The duties of the coordi5 nator shall be included in the memorandum of under6 standing under subsection (a). The coordinator shall not be 

7 a member of the committee. 

8 ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The Fed9 eral Advisory Committee Act (5 U.S.C. App.) does not 

10 apply to the intergovernmental executive committee.’’. 

11 (g) RANGES COVERED BY MILITARY LAND WITH12 DRAWALS ACT OF 2013.— 

13 (1) ELIMINATION OF TERMINATION DATE AND

14 CONFORMING AMENDMENTS.—The Military Land 

15 Withdrawals Act of 2013 (title XXIX of Public Law 

16 113–66; 127 Stat. 1025) is amended— 

17 (A) by striking sections 2919, 2920; 2936, 

18 2946, and 2979; 

19 (B) in section 2921, by striking ‘‘On the 

20 termination of’’ and inserting ‘‘On the relin21 quishment of’’; and 

22 (C) in section 2922(d)(3)— 

23 (i) in the paragraph heading, by strik24 ing ‘‘ON TERMINATION’’ and inserting 

25 ‘‘UPON RELINQUISHMENT’’; and 


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1 (ii) by striking ‘‘or if at the expiration 

2 of the withdrawal and reservation,’’. 

3 (2) ESTABLISHMENT OF INTERGOVERNMENTAL

4 EXECUTIVE COMMITTEE.—The Military Land With5 drawals Act of 2013 (title XXIX of Public Law 113– 

6 66; 127 Stat. 1025) is further amended by inserting 

7 after section 2918 the following new section: 

8 ‘‘SEC. 2919. INTERGOVERNMENTAL EXECUTIVE COMMITTEE. 

9 ‘‘(a) ESTABLISHMENT AND PURPOSE.—For the lands 

10 withdrawn and reserved by sections 2931, 2941, and 2971, 

11 the Secretary concerned and the Secretary of the Interior 

12 shall establish, by memorandum of understanding, an inter13 governmental executive committee for each location for the 

14 sole purpose of exchanging views, information, and advice 

15 relating to the management of the natural and cultural re16 sources of the withdrawn and reserved lands. 

17 ‘‘(b) COMPOSITION.— 

18 ‘‘(1) REPRESENTATIVES OF OTHER FEDERAL

19 AGENCIES.—The Secretary concerned and the Sec20 retary of the Interior shall include representatives 

21 from interested Federal agencies as members of the 

22 intergovernmental executive committee for a location 

23 covered by subsection (a). 

24 ‘‘(2) REPRESENTATIVES OF STATE AND LOCAL

25 GOVERNMENTS.—The Secretary concerned and the 


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1 Secretary of the Interior shall invite to serve as mem2 bers of the intergovernmental executive committee for 

3 a location covered by subsection (a)— 

4 ‘‘(A) at least one elected officer (or other au5 thorized representative) from the government of 

6 the State in which the withdrawn and reserved 

7 lands are located; and 

8 ‘‘(B) at least one elected officer (or other au9 thorized representative) from each local govern10 ment and Indian tribal government in the vicin11 ity of the withdrawn and reserved lands, as de12 termined by the Secretaries. 

13 ‘‘(c) OPERATION.—The intergovernmental executive 

14 committee for a location covered by subsection (a) shall op15 erate in accordance with the terms set forth in the memo16 randum of understanding under subsection (a). 

17 ‘‘(d) PROCEDURES.—The memorandum of under18 standing under subsection (a) shall establish procedures for 

19 creating a forum for exchanging views, information, and 

20 advice relating to the management of natural and cultural 

21 resources on the withdrawn and reserved lands, procedures 

22 for rotating the chair of the intergovernmental executive 

23 committee, and procedures for scheduling regular meetings, 

24 which shall occur no less frequently than twice a year. 


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1 ‘‘(e) COORDINATOR.—The Secretary concerned, in con2 sultation with the Secretary of the Interior, shall appoint 

3 an individual to serve as coordinator of the intergovern4 mental executive committee for a location covered by sub5 section (a). The duties of the coordinator shall be included 

6 in the memorandum of understanding under subsection (a). 

7 The coordinator shall not be a member of the committee. 

8 ‘‘(f) FEDERAL ADVISORY COMMITTEE ACT.—The Fed9 eral Advisory Committee Act (5 U.S.C. App.) does not 

10 apply to an intergovernmental executive committee for a 

11 location covered by subsection (a).’’. 

12 (3) DETERMINATION OF CONTINUING MILITARY

13 NEED FOR WITHDRAWAL AND RESERVATION AND PUB14 LIC REPORTS.—The Military Land Withdrawals Act 

15 of 2013 (title XXIX of Public Law 113–66; 127 Stat. 

16 1025) is further amended by inserting after section 

17 2919, as added by paragraph (2), the following new 

18 section: 

19 ‘‘SEC. 2920. DETERMINATION OF CONTINUING MILITARY 

20 NEED FOR WITHDRAWAL AND RESERVATION 

21 AND PUBLIC REPORTS. 

22 ‘‘(a) PERIODIC DETERMINATION OF CONTINUING

23 NEED.—Whenever an integrated natural resources manage24 ment plan covering the lands withdrawn and reserved 

25 under a subtitle of this title is reviewed as to operation and 


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1 effect as required by section 101(b)(3) of the Sikes Act (16 

2 U.S.C. 670a(b)(2)), but not less often than every five years, 

3 the Secretary concerned shall include in the plan the Sec4 retary’s determination regarding whether there will be a 

5 continuing military need for any or all of the withdrawn 

6 and reserved lands for the following five years. 

7 ‘‘(b) PUBLIC REPORTS.— 

8 ‘‘(1) CHANGES IN LAND CONDITIONS.—(A) Con9 current with each review of an integrated natural re10 sources management plan described in subsection (a), 

11 the Secretary concerned and the Secretary of the Inte12 rior shall jointly prepare and issue a report describ13 ing any changes in the condition of the lands covered 

14 by the plan since the later of the date of any previous 

15 report under this paragraph or the date of the envi16 ronmental analysis prepared to support the actions 

17 that changed the condition of the lands. 

18 ‘‘(B) A report under subparagraph (A) shall in19 clude a summary of current military use of the lands 

20 covered by the plan, any changes in military use of 

21 the lands since the previous report, and efforts related 

22 to the management of natural and cultural resources 

23 and environmental remediation of the lands during 

24 the previous five years. 


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1 ‘‘(2) COMBINATION WITH OTHER REPORTS.—A 

2 report under this subsection may be combined with, 

3 or incorporate by reference, any contemporary report 

4 required by any other provision of law regarding the 

5 lands addressed by the report. 

6 ‘‘(3) PUBLIC REVIEW AND COMMENT.—(A) Before 

7 the finalization of a report under this subsection, the 

8 Secretary concerned and the Secretary of the Interior 

9 shall invite interested members of the public to review 

10 and comment on the report, and shall hold at least 

11 one public meeting concerning the report in a loca12 tion or locations reasonably accessible to persons who 

13 may be affected by management of the lands ad14 dressed by the report. 

15 ‘‘(B) Each public meeting under subparagraph 

16 (A) shall be announced not less than 15 days before 

17 the date of the meeting by advertisements in local 

18 newspapers of general circulation, notices on the 

19 internet, including the website of the affected military 

20 range (if one exists), and any other means considered 

21 necessary or desirable by the Secretaries. 

22 ‘‘(4) DISTRIBUTION OF REPORT.—The final 

23 version of a report under this subsection shall be 

24 made available to the public and submitted to the 

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1 ural Resources of the Senate and the Committees on 

2 Armed Services and Natural Resources of the House 

3 of Representatives.’’. 

4 (h) EFFECT ON NEW LAND WITHDRAWALS AND RES5 ERVATIONS.—Nothing in this Act or the amendments made 

6 by this Act shall be construed as changing the requirements 

7 imposed on the Department of Defense to obtain a new or 

8 expanded land withdrawal and reservation. 


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Union Calendar No. 407 

115TH CONGRESS 

2D SESSION H. R. 4299 

[Report No. 115–542, Part I] 

A BILL 

To provide for the indefinite duration of certain 

lands more transparent, and for other purposes. drawals and to make the management of such agement of lands currently subject to such withmilitary land withdrawals, to improve the manFEBRUARY 2, 2018 

Reported from the Committee on Natural Resources with 

an amendment 

FEBRUARY 2, 2018 

The Committee on Armed Services discharged; committed 

the Union and ordered to be printed to the Committee of the Whole House on the State of 


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