I
103D CONGRESS
1ST SESSION
H. R. 2080
To improve the management of public lands used for military purposes,
to require assessments of future needs for withdrawals of public lands
for such uses, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 11, 1993
Mr. VENTO introduced the following bill; which was referred jointly to the
Committees on Armed Services and Natural Resources
A BILL
To improve the management of public lands used for military
purposes, to require assessments of future needs for
withdrawals of public lands for such uses, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND DEFINITIONS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Military Land Reform and Reassessment Act of 1993’’.
(b) DEFINITIONS.—As used in this Act:
(1) The term ‘‘Secretary’’ means the Secretary
of the Interior.
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(2) The term ‘‘FLPMA’’ means the Federal
Land Policy and Management Act of 1976, (43
U.S.C. 1701 et seq.).
(3) The term ‘‘Engle Act’’ means the Act enti-
tled ‘‘An Act to provide that withdrawals, reserva-
tions, or restrictions of more than five thousand
acres of public lands of the United States shall not
become effective until approved by Act of Congress,
and for other purposes,’’ approved February 28,
1958 (43 U.S.C. 155 et seq.).
(4) The term ‘‘1956 Act’’ means the Act of
July 26, 1956 (16 U.S.C. 505a, 505b).
SEC. 2. STATE MILITARY USES.
(a) STATE AGENCIES.—Section 302(b) of FLPMA
(43 U.S.C. 1732(b)) is amended by inserting ‘‘or the mili-
tary department (or its equivalent) of any State’’ after
‘‘Federal departments and agencies’’.
(b) NATIONAL GUARD USE OF PUBLIC LANDS.—Sec-
tion 302 of FLPMA (43 U.S.C. 1732), as amended, is
further amended by adding at the end the following new
subsection:
‘‘(e) STATE MILITARY USES.—(1) After consultation
with the Governor of a State, the Secretary may agree
to permit use of public lands within such State by the mili-
tary department (or its equivalent) of one or more States
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for purposes of military training, equipment testing, or
other authorized military activities, in accordance with the
provisions of this subsection.
‘‘(2)(A) For activities the Secretary finds are not
likely to result in a significant degree of residual contami-
nation of affected lands (through use of explosive projec-
tiles or otherwise), the Secretary may issue a general au-
thorization for the military department (or its equivalent)
of one or more States to use public lands where such use
would not be inconsistent with the land-use plans prepared
pursuant to section 202 of this Act. Any such general au-
thorization shall be for no more than 3 years but may
thereafter be renewed for additional periods of no more
than 3 years each. The provisions of paragraph (4) of this
subsection shall apply to use of public lands pursuant to
an authorization issued under this paragraph, and the
Secretary may wholly or partially revoke any such author-
ization at any time if the Secretary finds that there has
been a failure to comply with its terms and conditions or
that activities pursuant to such an authorization have had
or may have a significant adverse impact on the resources
or values of the affected lands.
‘‘(B) An authorization pursuant to this paragraph
shall not authorize the construction of permanent struc-
tures or facilities on the public lands.
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‘‘(C) Each specific use of a particular area of public
lands pursuant to a general authorization under this para-
graph shall be subject to specific authorization by the Sec-
retary and to appropriate terms and conditions, including
such as are described in paragraph (4) of this subsection.
‘‘(3) The Secretary may permit the military depart-
ment (or its equivalent) of one or more States to use pub-
lic lands for military activities the Secretary finds would
result in a significant degree of residual contamination of
such lands, subject to the provisions of paragraph (4) of
this subsection, but only to the extent that—
‘‘(A) use of specific portions of such lands for
such purposes was either authorized as of July 1,
1989, or had been permitted to occur on or after
January 1, 1986, in which case such uses on such
portions may take place, subject to paragraph (4) of
this subsection; or
‘‘(B) use of public or other lands previously
withdrawn or otherwise dedicated to military uses is
found by the Secretary (after consultation with the
Secretary of Defense) to not be practicable, and
therefore additional public lands other than those
portions described in subparagraph (A) are with-
drawn for military purposes, pursuant to section 204
of this Act (with respect to areas of no more than
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5,000 acres) or pursuant to an Act of Congress
(with respect to areas exceeding 5,000 acres, except
that in time of war or national emergency declared
by the Congress or the President pursuant to appli-
cable law, withdrawals of areas exceeding 5,000
acres for military purposes may be made pursuant
to section 204 of this Act).
‘‘(4) The Secretary may waive rental charges for the
use of public land (however such use may be authorized)
by a State military department (or its equivalent) for mili-
tary training, equipment testing, and other authorized
military activities permitted under this subsection. Each
such use shall be subject to a requirement that the using
department, or departments, be responsible for such time-
ly cleanup and decontamination of the lands used, and to
such other terms and conditions (including but not limited
to restrictions on use of off-road or all-terrain vehicles),
as the Secretary, after considering national defense needs,
may require to—
‘‘(A) minimize adverse impacts on the natural,
environmental, scientific, cultural, and other re-
sources and values, including fish and wildlife habi-
tat, of the public lands involved; and
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‘‘(B) minimize the period and method of such
use and the interference with or restrictions on other
uses of the public lands involved.
‘‘(5) Each State military department (or its equiva-
lent) using public lands withdrawn for military purposes
shall take appropriate precautions to prevent and suppress
range and brush fires caused by or resulting from use of
such lands for such purposes, and shall promptly reim-
burse the United States for any assistance provided by
the Secretary in the prevention or suppression of such
fires.
‘‘(6) For purposes of this subsection, the term ‘State’
means one of the several States, the District of Columbia,
or one of the Commonwealths or territories of the United
States.
‘‘(7)(A) Public lands covered by an authorization is-
sued pursuant to paragraph (2) of this subsection may
be used by personnel of the military department (or its
equivalent) of a State during periods when some or all of
such personnel are on active duty in the service of the
United States.
‘‘(B) During periods of use of public lands by person-
nel of a State military department or equivalent, the Sec-
retary may also permit such lands to be used by members
of one or more United States Armed Forces on active serv-
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ice, under the same terms and conditions applicable to use
of such lands by the personnel of such State military de-
partment or its equivalent.
‘‘(8) Except as otherwise provided by applicable law,
any authorization by the Secretary for the military depart-
ment (or its equivalent) of any State or States to use pub-
lic lands that is in effect on the date of enactment of this
subsection shall remain in effect until its scheduled expira-
tion, or for one year after the date of enactment of this
subsection, whichever is later.
‘‘(9) The Secretary shall not authorize any use of
public lands by the military department (or its equivalent)
of any State if such use would preclude or unduly restrict
use of such lands by the Secretary of Defense or the
Secretary of a department within the Department of
Defense.’’.
(c) REPORT.—No later than one year after the date
of enactment of this subsection, the Secretary concerned
shall transmit to the Committee on Interior and Insular
Affairs of the House of Representatives and the Commit-
tee on Energy and Natural Resources of the Senate a re-
port indicating the extent to which the Department of De-
fense (or military department therein) and the military de-
partments (or their equivalents) of the several States (in-
cluding the District of Columbia and the Commonwealths
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and territories of the United States) have been authorized
since January 1, 1987, to utilize public lands as defined
in section 103 of FLPMA (other than lands withdrawn
for military purposes) or National Forest lands for train-
ing or other purposes and concerning the terms and
conditions under which such lands may be used by such
agencies.
(d) REIMBURSEMENT.—To the extent funds are
made available through appropriation, the Secretary of
Defense may reimburse a State military department (or
its equivalent) for costs to such department resulting from
any requirement of this section (including amendments
made to the Act by this section) and incident to any use
of lands by a National Guard of a State or by United
States Armed Forces for purposes authorized by title 10
or title 32, United States Code, or by any other provision
of Federal law.
SEC. 3. 1956 ACT REFORM.
(a) INTERCHANGE AUTHORITY.—The first section of
the 1956 Act is amended as follows:
(1) By inserting ‘‘except lands within a con-
servation system unit or other area designated or es-
tablished for conservation or protection by proclama-
tion, Executive order, or Act of Congress’’ after
‘‘National Forest System lands’’.
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(2) By inserting ‘‘law, including, but not limited
to, the National Environmental Policy Act of 1969,
Forest and Rangeland Renewable Resources Plan-
ning Act of 1974, the National Forest Management
Act of 1976, and’’ after ‘‘subject to any applicable
provisions of’’.
(3) By striking ‘‘whenever they shall determine
that such interchange will facilitate land manage-
ment and will provide maximum use thereof for au-
thorized purposes’’.
(4) By inserting ‘‘with respect to interchanges
involving lands within the same State, or one-hun-
dred-eighty days with respect to other interchanges’’
after ‘‘forty-five days’’.
(b) DETERMINATION BY SECRETARY.—The 1956 Act
is further amended by adding at the end the following new
section:
‘‘SEC. 3. (a) The Secretary of Agriculture shall take
into account information provided by the Secretary of De-
fense concerning the value for military purposes of lands
proposed for transfer to the jurisdiction of the Depart-
ment of Defense, but shall exercise the authority provided
by this Act only if the Secretary of Agriculture determines
that an interchange will improve the protection and man-
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agement of the natural, cultural, or other resources and
values of the National Forest System.
‘‘(b) For purposes of this Act, the term ‘conservation
system unit’ means a unit of the National Wilderness
Preservation System, National Wild and Scenic Rivers
System, or National Trails System, a national monument,
a national recreation area, a national scenic area, or a na-
tional management emphasis area.’’.
SEC. 4. AIRSPACE.
The first section of the Engle Act is amended as
follows:
(1) By inserting ‘‘(a)’’ after ‘‘That’’.
(2) By adding at the end the following new sub-
sections:
‘‘(b) AIRSPACE.—(1) Except as provided in para-
graph (2) of this subsection and notwithstanding any
other provision of law or any rule, regulation, or order is-
sued pursuant thereto, no zone or area in the airspace over
either nonmilitary public lands or lands managed by the
Secretary of Agriculture shall be established for use by
the Department of Defense for defense purposes or to re-
strict or prohibit the flight of civil aircraft.
‘‘(2)(A) No zone or area described in paragraph (1)
shall be established until the officer or agency responsible
for such an establishment has solicited, received, and con-
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sidered the views of the Secretary of the Interior (to the
extent the airspace involved is over nonmilitary public
lands) or the Secretary of Agriculture (to the extent the
airspace involved is over lands managed by such Sec-
retary), or both such Secretaries, with regard to the pos-
sible effects of the proposed use of such airspace for de-
fense purposes on the resources and values of the affected
lands and the uses of such lands, has made such views
available for review by the public, and has then afforded
the Governors of affected States, affected Indian tribes,
and other members of the public an opportunity to com-
ment on the proposed establishment of such zone or area.
‘‘(B) No zone or area described in paragraph (1) over
a total of more than 5,000 acres of nonmilitary public
lands or lands managed by the Secretary of Agriculture
(or of both such categories of land) shall be established
until 180 days after the officer or agency responsible for
such an establishment has submitted to the Congress a
description of the proposed zone or area and the views
of the Secretary of the Interior or the Secretary of Agri-
culture (or both such Secretaries), the Governor of any
affected State, any affected Indian tribes, and the public
provided to such officer or agency pursuant to subpara-
graph (A) of this paragraph.