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minerals only, together with the right to use so much of
the surface as may be necessary for purposes incident to
mining under the guidelines for such use established by the
Secretary of the Interior by regulation.
(2) All such patents shall contain a reservation to the
United States of the surface of all lands patented and of
all nonlocatable minerals on those lands.
(3) For the purposes of this subsection, all minerals
subject to location under the Mining Law of 1872 shall be
treated as locatable minerals.
SEC. 9012. IMMUNITY OF UNITED STATES. The United
States and all departments or agencies thereof shall be held
harmless and shall not be liable for any injuries or damages
to persons or property suffered in the course of any mining
or mineral or geothermal leasing activity conducted on
lands described in section 9002.
CHAPTER 2
MCGREGOR RANGE LAND WITHDRAWAL
SEC. 9051. SHORT TITLE. This chapter may be cited
as the ‘‘McGregor Range Withdrawal Act’’.
SEC. 9052. DEFINITIONS. In this chapter:
(1) The term ‘‘Materials Act’’ means the Act of
July 31, 1947 (commonly known as the Materials Act
of 1947; 30 U.S.C. 601–604).
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(2) The term ‘‘management plan’’ means the
natural resources management plan prepared by the
Secretary of the Army pursuant to section 9055(e).
(3) The term ‘‘withdrawn lands’’ means the
lands described in subsection (d) of section 9053 that
are withdrawn and reserved under section 9053.
(4) The term ‘‘withdrawal period’’ means the pe-
riod specified in section 9057(a).
SEC. 9053. WITHDRAWAL
AND
RESERVATION
OF
LANDS AT MCGREGOR RANGE, NEW MEXICO. (a) WITH-
DRAWAL.—Subject to valid existing rights, and except as
otherwise provided in this chapter, the Federal lands at
McGregor Range in the State of New Mexico that are de-
scribed in subsection (d) are hereby withdrawn from all
forms of appropriation under the public land laws, includ-
ing the mining laws, but not the Materials Act.
(b) PURPOSE.—The purpose of the withdrawal is to
support military training and testing, all other uses of the
withdrawn lands shall be secondary in nature.
(c) RESERVATION.—The withdrawn lands are reserved
for use by the Secretary of the Army for military training
and testing.
(d) LAND DESCRIPTION.—The lands withdrawn and
reserved by this section (a) comprise approximately 608,000
acres of Federal land in Otero County, New Mexico, as gen-
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erally depicted on the map entitled ‘‘McGregor Range Land
Withdrawal-Proposed,’’ dated January ll, 1999, and
filed in accordance with section 9054.
SEC. 9054. MAPS AND LEGAL DESCRIPTION. (a) PREP-
ARATION OF MAPS AND LEGAL DESCRIPTION.—As soon as
practicable after the date of the enactment of this Act, the
Secretary of the Interior shall—
(1) publish in the Federal Register a notice con-
taining the legal description of the withdrawn lands;
and
(2) file one or more maps of the withdrawn
lands and the legal description of the withdrawn
lands with the Committee on Energy and Natural Re-
sources of the Senate and with the Committee on Re-
sources of the House of Representatives.
(b) LEGAL EFFECT.—The maps and legal description
shall have the same force and effect as if they were included
in this chapter, except that the Secretary of the Interior
may correct clerical and typographical errors in the maps
and legal description.
(c) AVAILABILITY.—Copies of the maps and the legal
description shall be available for public inspection in the
offices of the New Mexico State Director and Las Cruces
Field Office Manager of the Bureau of Land Management
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and in the office of the Commander Officer of Fort Bliss,
Texas.
SEC. 9055. MANAGEMENT OF WITHDRAWN LANDS. (a)
GENERAL MANAGEMENT AUTHORITY.—During the with-
drawal period, the Secretary of the Army shall manage the
withdrawn lands, in accordance with the provisions of this
chapter and the management plan prepared under sub-
section (e), for the military purposes specified in section
9053(c).
(b) ACCESS RESTRICTIONS.—
(1) AUTHORITY
TO
CLOSE.—Subject to para-
graph (2), if the Secretary of the Army determines
that military operations, public safety, or national se-
curity require the closure to public use of any portion
of the withdrawn lands (including any road or trail
therein) commonly in public use, the Secretary of the
Army is authorized to take such action.
(2) REQUIREMENTS.—Any closure under para-
graph (1) shall be limited to the minimum areas and
periods required for the purposes specified in such
paragraph. During a closure, the Secretary of the
Army shall keep appropriate warning notices posted
and take appropriate steps to notify the public about
the closure.
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(c) MANAGEMENT
OF WITHDRAWN
AND ACQUIRED
MINERAL RESOURCES.—
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary of the Interior shall manage
all withdrawn and acquired mineral resources within
the boundaries of McGregor Range in accordance with
Public Law 85–337 (commonly known as the Engle
Act; 43 U.S.C. 155–158).
(2) MANAGEMENT
OF
MINERAL
MATERIALS.—
Notwithstanding any other provision of this chapter
or the Materials Act, the Secretary of the Army may
use, from the withdrawn lands, sand, gravel, or simi-
lar mineral material resources of the type subject to
disposition under the Materials Act, when the use of
such resources is required for construction needs of
Fort Bliss.
(d) HUNTING, FISHING, AND TRAPPING.—All hunting,
fishing, and trapping on the withdrawn lands shall be con-
ducted in accordance with section 2671 of title 10, United
States Code, and the Sikes Act (16 U.S.C. 670 et seq.).
(e) MANAGEMENT PLAN.—
(1) REQUIRED.—The Secretary of the Army and
the Secretary of the Interior shall jointly develop a
natural resources management plan for the lands
withdrawn under this chapter for the withdrawal pe-
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riod. The management plan shall be developed not
later than three years after the date of the enactment
of this Act and shall be reviewed at least once every
five years after its adoption to determine if it should
be amended.
(2) CONTENT.—The management plan shall—
(A) include provisions for proper manage-
ment and protection of the natural, cultural, and
other resources and values of the withdrawn
lands and for use of such resources to the extent
consistent with the purpose of the withdrawal
specified in section 9053(b);
(B) identify the withdrawn lands (if any)
that are suitable for opening to the operation of
the mineral leasing or geothermal leasing laws;
(C) provide for the continuation of livestock
grazing at the discretion of the Secretary of the
Army under such authorities as are available to
the Secretary; and
(D) provide that the Secretary of the Army
shall take necessary precautions to prevent, sup-
press, or manage brush and range fires occurring
within the boundaries of McGregor Range, as
well as brush and range fires occurring outside