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HR 1960 PCS
TITLE 
XXX—MILITARY 
LAND 
TRANSFERS 
AND 
WITH-
DRAWALS TO SUPPORT READ-
INESS AND SECURITY 
Subtitle A—Limestone Hills 
Training Area, Montana 
SEC. 3001. WITHDRAWAL AND RESERVATION OF PUBLIC 
LANDS FOR LIMESTONE HILLS TRAINING 
AREA, MONTANA. 
(a) WITHDRAWAL.—Subject to valid existing rights 
and except as provided in this subtitle, the public lands 
and interests in lands described in subsection (c), and all 
other areas within the boundaries of such lands as de-
picted on the map provided for by subsection (d) that may 
become subject to the operation of the public land laws, 
are hereby withdrawn from all forms of appropriation 
under the public land laws, including the mining laws and 
the mineral leasing and geothermal leasing laws. 
(b) RESERVATION; PURPOSE.—Subject to the limita-
tions and restrictions contained in section 3003, the public 
lands withdrawn by subsection (a) are reserved for use by 
the Secretary of the Army for the following purposes: 
(1) The conduct of training for active and re-
serve components of the Armed Forces. 
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(2) The construction, operation, and mainte-
nance of organizational support and maintenance fa-
cilities for component units conducting training. 
(3) The conduct of training by the Montana 
Department of Military Affairs, except that any such 
use may not interfere with purposes specified in 
paragraphs (1) and (2). 
(4) The conduct of training by State and local 
law enforcement agencies, civil defense organiza-
tions, and public education institutions, except that 
any such use may not interfere with military train-
ing activities. 
(5) Other defense-related purposes consistent 
with the purposes specified in the preceding para-
graphs. 
(c) LAND DESCRIPTION.—The public lands and in-
terests in lands withdrawn and reserved by this section 
comprise approximately 18,644 acres in Broadwater 
County, Montana, as generally depicted as ‘‘Proposed 
Land Withdrawal’’ on the map titled ‘‘Limestone Hills 
Training Area Land Withdrawal’’, dated April 10, 2013. 
(d) LEGAL DESCRIPTION AND MAP.— 
(1) IN GENERAL.—As soon as practicable after 
the date of the enactment of this Act, the Secretary 
of the Interior shall publish in the Federal Register 
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a legal description of the public land withdrawn 
under subsection (a) and a copy of a map depicting 
the legal description of the withdrawn land. 
(2) FORCE OF LAW.—The legal description and 
map published under paragraph (1) shall have the 
same force and effect as if included in this Act, ex-
cept that the Secretary of the Interior may correct 
errors in the legal description. 
(3) REIMBURSEMENT
OF
COSTS.—The Sec-
retary of the Army shall reimburse the Secretary of 
the Interior for any costs incurred by the Secretary 
of the Interior in implementing this subsection. 
(e) INDIAN TRIBES.—Nothing in this subtitle shall 
be construed as altering any rights reserved for an Indian 
tribe for tribal use of lands within the military land with-
drawal by treaty or Federal law. The Secretary of the 
Army shall consult with any Indian tribes in the vicinity 
of the military land withdrawal before taking action within 
the military land withdrawal affecting tribal rights or cul-
tural resources protected by treaty or Federal law. 
SEC. 3002. MANAGEMENT OF WITHDRAWN AND RESERVED 
LANDS. 
During the period of the withdrawal and reservation 
specified in section 3005, the Secretary of the Army shall 
manage the public lands withdrawn by section 3001 for 
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the purposes specified in subsection (b) of such section, 
subject to the limitations and restrictions contained in sec-
tion 3003. 
SEC. 3003. SPECIAL RULES GOVERNING MINERALS MAN-
AGEMENT. 
(a) INDIAN CREEK MINE.— 
(1) IN GENERAL.—Of the lands withdrawn by 
section 3001, locatable mineral activities in the ap-
proved Indian Creek Mine plan of operations, MTM– 
78300, shall be regulated pursuant to subparts 3715 
and 3809 of title 43, Code of Federal Regulations. 
Of the lands withdrawn by section 3001, the land 
area subject to the approved plan of operations shall 
permanently remain open to the amendment or relo-
cation of mining claims (or both) under the Act of 
May 10, 1872 (commonly known as the General 
Mining Act of 1872; 30 U.S.C. 22 et seq.) to the ex-
tent necessary to preserve the mining operations de-
scribed in the approved plan of operations. 
(2) RESTRICTIONS
ON
SECRETARY
OF
THE 
ARMY.—The Secretary of the Army shall make no 
determination that the disposition of or exploration 
for minerals as provided for in the approved plan of 
operations is inconsistent with the defense-related 
uses of the lands covered by the military land with-
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drawal. The coordination of such disposition of and 
exploration for minerals with defense-related uses of 
such lands shall be determined pursuant to proce-
dures in an agreement provided for under subsection 
(c). 
(b) REMOVAL
OF
UNEXPLODED
ORDNANCE
ON 
LANDS TO BE MINED.— 
(1) REMOVAL
ACTIVITIES.—Subject to the 
availability of funds appropriated for such purpose, 
the Secretary of the Army shall remove unexploded 
ordnance on lands withdrawn by section 3001 that 
are subject to mining under subsection (a), con-
sistent with applicable Federal and State law. The 
Secretary of the Army may engage in such removal 
of unexploded ordnance in phases to accommodate 
the development of the Indian Creek Mine pursuant 
to subsection (a). 
(2) REPORT
ON
REMOVAL
ACTIVITIES.—The 
Secretary of the Army shall annually submit to the 
Secretary of the Interior a report regarding the 
unexploded ordnance removal activities for the pre-
vious fiscal year performed pursuant to this sub-
section. The report shall include— 
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(A) the amounts of funding expended for 
unexploded ordnance removal on the lands with-
drawn by section 3001; and 
(B) the identification of the lands cleared 
of unexploded ordnance and approved for min-
ing activities by the Secretary of the Interior. 
(c) IMPLEMENTATION AGREEMENT FOR MINING AC-
TIVITIES.—The Secretary of the Interior and the Sec-
retary of the Army shall enter into an agreement to imple-
ment this section with regard to coordination of defense- 
related uses and mining and the ongoing removal of 
unexploded ordnance. The duration of the agreement shall 
be the same as the period of the withdrawal under section 
3001, but may be amended from time to time. The agree-
ment shall provide the following: 
(1) That Graymont Western US, Inc., or any 
successor or assign of the approved Indian Creek 
Mine mining plan of operations, MTM–78300, is in-
vited to be a party to the agreement. 
(2) Provisions regarding the day-to-day joint- 
use of the Limestone Hills Training Area. 
(3) Provisions addressing when military and 
other authorized uses of the withdrawn lands will 
occur. 
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(4) Provisions regarding when and where mili-
tary use or training with explosive material will 
occur. 
(5) Provisions regarding the scheduling of 
training activities conducted within the withdrawn 
area that restrict mining activities and procedures 
for deconfliction with mining operations, including 
parameters for notification and sanction of antici-
pated changes to the schedule. 
(6) Provisions regarding liability and compensa-
tion for damages or injury caused by mining or mili-
tary training activities. 
(7) Provisions for periodic review of the agree-
ment for its adequacy, effectiveness, and need for re-
vision. 
(8) Procedures for access through mining oper-
ations covered by this section to training areas with-
in the boundaries of the Limestone Hills Training 
Area. 
(9) Procedures for scheduling of the removal of 
unexploded ordnance. 
(d) EXISTING MEMORANDUM
OF AGREEMENT.— 
Until such time as the agreement required under sub-
section (c) becomes effective, the compatible joint use of 
the lands withdrawn and reserved by section 3001 shall 
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be governed, to the extent compatible, by the terms of the 
2005 Memorandum of Agreement among the Montana 
Army National Guard, Graymont Western US Inc. and 
the Bureau of Land Management. 
SEC. 3004. GRAZING. 
(a) ISSUANCE AND ADMINISTRATION OF PERMITS 
AND LEASES.—The issuance and administration of graz-
ing permits and leases, including their renewal, on the 
public lands withdrawn by section 3001 shall be managed 
by the Secretary of the Interior consistent with all applica-
ble laws, regulations, and policies of the Secretary of the 
Interior relating to such permits and leases. 
(b) SAFETY REQUIREMENTS.—With respect to any 
grazing permit or lease issued after the date of the enact-
ment of this Act for lands withdrawn by section 3001, the 
Secretary of the Interior and the Secretary of the Army 
shall jointly establish procedures that are consistent with 
Department of the Army explosive and range safety stand-
ards and that provide for the safe use of any such lands. 
(c) ASSIGNMENT.—The Secretary of the Interior 
may, with the agreement of the Secretary of the Army, 
assign the authority to issue and to administer grazing 
permits and leases to the Secretary of the Army, except 
that such an assignment may not include the authority 
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to discontinue grazing on the lands withdrawn by section 
3001. 
SEC. 3005. DURATION OF WITHDRAWAL AND RESERVATION. 
The military land withdrawal made by section 3001 
shall terminate on March 31, 2039. 
SEC. 3006. PAYMENTS IN LIEU OF TAXES. 
The lands withdrawn by section 3001 shall remain 
eligible as entitlement land under section 6901 of title 31, 
United States Code. 
SEC. 3007. HUNTING, FISHING AND TRAPPING. 
All hunting, fishing and trapping on the lands with-
drawn by section 3001 shall be conducted in accordance 
with section 2671 of title 10, United States Code. 
SEC. 3008. WATER RIGHTS. 
(a) WATER RIGHTS.—Nothing in this subtitle shall 
be construed— 
(1) to establish a reservation in favor of the 
United States with respect to any water or water 
right on lands withdrawn by section 3001; or 
(2) to authorize the appropriation of water on 
lands withdrawn by section 3001, except in accord-
ance with applicable State law. 
(b) EFFECT
ON PREVIOUSLY ACQUIRED
OR RE-
SERVED WATER RIGHTS.—This section shall not be con-
strued to affect any water rights acquired or reserved by 
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the United States before the date of the enactment of this 
Act. 
SEC. 3009. BRUSH AND RANGE FIRE PREVENTION AND SUP-
PRESSION. 
(a) REQUIRED ACTIVITIES.—The Secretary of the 
Army shall, consistent with any applicable land manage-
ment plan, take necessary precautions to prevent, and ac-
tions to suppress, brush and range fires occurring as a 
result of military activities on the lands withdrawn and 
reserved by section 3001, including fires outside those 
lands that spread from the withdrawn land and which oc-
curred as a result of such activities. 
(b) COOPERATION OF SECRETARY OF THE INTE-
RIOR.—At the request of the Secretary of the Army, the 
Secretary of the Interior shall provide assistance in the 
suppression of such fires and shall be reimbursed for such 
assistance by the Secretary of the Army. Notwithstanding 
section 2215 of title 10, United States Code, the Secretary 
of the Army may transfer to the Secretary of the Interior, 
in advance, funds to reimburse the costs of the Depart-
ment of the Interior in providing such assistance. 
SEC. 3010. ON-GOING DECONTAMINATION. 
During the withdrawal and reservation authorized by 
section 3001, the Secretary of the Army shall maintain, 
to the extent funds are available for such purpose, a pro-
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gram of decontamination of contamination caused by de-
fense-related uses on such lands consistent with applicable 
Federal and State law. The Secretary of Defense shall in-
clude a description of such decontamination activities in 
the annual report required by section 2711 of title 10, 
United States Code. 
SEC. 3011. APPLICATION FOR RENEWAL OF A WITHDRAWAL 
AND RESERVATION. 
(a) NOTICE.—To the extent practicable, no later than 
five years before the termination of the withdrawal and 
reservation made by section 3001, the Secretary of the 
Army shall notify the Secretary of the Interior whether 
the Secretary of the Army will have a continuing defense- 
related need for any of the lands withdrawn and reserved 
by section 3001 after the termination date of such with-
drawal and reservation. The Secretary of the Army shall 
provide a copy of the notice to the Committee on Armed 
Services and the Committee on Energy and Natural Re-
sources of the Senate and the Committee on Armed Serv-
ices and the Committee on Natural Resources of the 
House of Representatives. 
(b) FILING FOR EXTENSION.—If the Secretary of the 
Army concludes that there will be a continuing defense- 
related need for any of the withdrawn and reserved lands 
after the termination date, the Secretary of the Army shall 
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(2) DISCRETION IF CONDITIONS NOT MET.—If 
the Secretary of the Interior, after consultation with 
the Secretary of the Army, concludes that decon-
tamination of land subject of a notice of intention to 
relinquish pursuant to subsection (a) is not prac-
ticable or economically feasible, or that the land can-
not be decontaminated sufficiently to be opened to 
operation of some or all of the public land laws, or 
if Congress does not appropriate sufficient funds for 
the decontamination of such land, the Secretary of 
the Interior shall not be required to accept the land 
proposed for relinquishment. 
(3) RESPONSE.—If the Secretary of the Inte-
rior declines to accept the lands that have been pro-
posed for relinquishment because of their contami-
nated state, or if at the expiration of the withdrawal 
and reservation made by section 3001 the Secretary 
of the Interior determines that some of the lands 
withdrawn and reserved are contaminated to an ex-
tent which prevents opening such contaminated 
lands to operation of the public land laws— 
(A) the Secretary of the Army shall take 
appropriate steps to warn the public of the con-
taminated state of such lands and any risks as-
sociated with entry onto such lands; 
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(B) after the expiration of the withdrawal 
and reservation, the Secretary of the Army 
shall undertake no activities on such lands ex-
cept in connection with decontamination of such 
lands; and 
(C) the Secretary of the Army shall report 
to the Secretary of the Interior and to the Con-
gress concerning the status of such lands and 
all actions taken in furtherance of this para-
graph. 
(e) REVOCATION AUTHORITY.—Upon deciding that it 
is in the public interest to accept the lands proposed for 
relinquishment pursuant to subsection (a), the Secretary 
of the Interior may order the revocation of the withdrawal 
and reservation made by section 3001 as it applies to such 
lands. The Secretary of the Interior shall publish in the 
Federal Register the revocation order, which shall— 
(1) terminate the withdrawal and reservation; 
(2) constitute official acceptance of the lands by 
the Secretary of the Interior; and 
(3) state the date upon which the lands will be 
opened to the operation of some or all of the public 
land laws, including the mining laws. 
(f) ACCEPTANCE
BY SECRETARY
OF
THE INTE-
RIOR.—Nothing in this section shall be construed to re-
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quire the Secretary of the Interior to accept the lands pro-
posed for relinquishment if the Secretary determines that 
such lands are not suitable for return to the public do-
main. If the Secretary makes such a determination, the 
Secretary shall provide notice of the determination to Con-
gress. 
Subtitle B—White Sands Missile 
Range, New Mexico 
SEC. 3021. TRANSFER OF ADMINISTRATIVE JURISDICTION, 
WHITE SANDS MISSILE RANGE, NEW MEXICO. 
(a) TRANSFER REQUIRED.—Not later than Sep-
tember 30, 2014, the Secretary of the Interior shall trans-
fer to the administrative jurisdiction of the Secretary of 
the Army certain public land administered by the Bureau 
of Land Management in Dona Ana County, New Mexico, 
consisting of approximately 5,100 acres depicted as ‘‘Par-
cel 1’’ on the map titled ‘‘White Sands Missile Range 
Land Reservation’’ and dated January 4, 2013. 
(b) USE OF TRANSFERRED LAND.—Upon the receipt 
of the land under subsection (a), the Secretary of the 
Army shall include the land as part of White Sands Missile 
Range, New Mexico, and authorize use of the land for 
military purposes. 
(c) LEGAL DESCRIPTION AND MAP.— 
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(1) PREPARATION
AND
PUBLICATION.—The 
Secretary of the Interior shall publish in the Federal 
Register a legal description and map of the public 
land to be transferred under subsection (a). 
(2) FORCE OF LAW.—The legal description and 
map filed under paragraph (1) shall have the same 
force and effect as if included in this Act, except 
that the Secretary of the Interior may correct errors 
in the legal description. 
(d) REIMBURSEMENT OF COSTS.—The transfer re-
quired by subsection (a) shall be made without reimburse-
ment, except that the Secretary of the Army shall reim-
burse the Secretary of the Interior for any costs incurred 
by the Secretary of the Interior to prepare the legal de-
scription and map under subsection (c). 
(e) TREATMENT OF GRAZING LEASES.—If a grazing 
permit or lease exists on the date of the enactment of this 
Act for any portion of the public land to be transferred 
under subsection (a), the Secretary of the Interior shall 
transfer or relocate the grazing allotments associated with 
the permit or lease to other public land, acceptable to the 
permit or lease holder, so that the grazing continues to 
have the same value to the holder. 
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SEC. 3022. WATER RIGHTS. 
(a) WATER RIGHTS.—Nothing in this subtitle shall 
be construed— 
(1) to establish a reservation in favor of the 
United States with respect to any water or water 
right on lands transferred by this subtitle; or 
(2) to authorize the appropriation of water on 
lands transferred by this subtitle except in accord-
ance with applicable State law. 
(b) EFFECT
ON PREVIOUSLY ACQUIRED
OR RE-
SERVED WATER RIGHTS.—This section shall not be con-
strued to affect any water rights acquired or reserved by 
the United States before the date of the enactment of this 
Act. 
SEC. 3023. WITHDRAWAL. 
Subject to valid existing rights, the public land to be 
transferred under section 3021 is withdrawn from all 
forms of appropriation under the public land laws, includ-
ing the mining laws and geothermal leasing laws, so long 
as the lands remain under the administrative jurisdiction 
of the Secretary of the Army. 
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Subtitle C—Naval Air Weapons 
Station China Lake, California 
SEC. 3031. TRANSFER OF ADMINISTRATIVE JURISDICTION, 
NAVAL AIR WEAPONS STATION CHINA LAKE, 
CALIFORNIA. 
(a) TRANSFER REQUIRED.—Not later than Sep-
tember 30, 2014, the Secretary of the Interior shall trans-
fer to the administrative jurisdiction of the Secretary of 
the Navy certain public land administered by the Bureau 
of Land Management in Inyo, Kern, and San Bernardino 
Counties, 
California, 
consisting 
of 
approximately 
1,045,000 acres in Inyo, Kern, and San Bernardino Coun-
ties, California, as generally depicted on the map titled 
‘‘Naval Air Weapons Station China Lake Withdrawal - 
Renewal’’ and dated 2012. 
(b) USE OF TRANSFERRED LAND.—Upon the receipt 
of the land under subsection (a), the Secretary of the Navy 
shall include the land as part of the Naval Air Weapons 
Station China Lake, California, and authorize use of the 
land for military purposes. 
(c) LEGAL DESCRIPTION AND MAP.— 
(1) PREPARATION
AND
PUBLICATION.—The 
Secretary of the Interior shall publish in the Federal 
Register a legal description and map of the public 
land to be transferred under subsection (a). 
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(2) FORCE OF LAW.—The legal description and 
map filed under paragraph (1) shall have the same 
force and effect as if included in this Act, except 
that the Secretary of the Interior may correct errors 
in the legal description and map. 
(d) REIMBURSEMENT OF COSTS.—The transfer re-
quired by subsection (a) shall be made without reimburse-
ment, except that the Secretary of the Navy shall reim-
burse the Secretary of the Interior for any costs incurred 
by the Secretary of the Interior to prepare the legal de-
scription and map under subsection (c). 
SEC. 3032. WATER RIGHTS. 
(a) WATER RIGHTS.—Nothing in this subtitle shall 
be construed— 
(1) to establish a reservation in favor of the 
United States with respect to any water or water 
right on lands transferred by this subtitle; or 
(2) to authorize the appropriation of water on 
lands transferred by this subtitle except in accord-
ance with applicable State law. 
(b) EFFECT
ON PREVIOUSLY ACQUIRED
OR RE-
SERVED WATER RIGHTS.—This section shall not be con-
strued to affect any water rights acquired or reserved by 
the United States before the date of the enactment of this 
Act. 
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SEC. 3033. WITHDRAWAL. 
Subject to valid existing rights, the public land to be 
transferred under section 3031 is withdrawn from all 
forms of appropriation under the public land laws, includ-
ing the mining laws and geothermal leasing laws, so long 
as the lands remain under the administrative jurisdiction 
of the Secretary of the Navy. 
Subtitle D—Chocolate Mountain 
Aerial Gunnery Range, California 
SEC. 3041. TRANSFER OF ADMINISTRATIVE JURISDICTION, 
CHOCOLATE MOUNTAIN AERIAL GUNNERY 
RANGE, CALIFORNIA. 
(a) TRANSFER REQUIRED.—The Secretary of the In-
terior shall transfer to the administrative jurisdiction of 
the Secretary of the Navy certain public land administered 
by the Bureau of Land Management in Imperial and Riv-
erside Counties, California, consisting of approximately 
226,711 acres, as generally depicted on the map titled 
‘‘Chocolate Mountain Aerial Gunnery Range Proposed– 
Withdrawal’’ dated 1987 (revised July 1993), and identi-
fied as WESTDIV Drawing No. C–102370, which was 
prepared by the Naval Facilities Engineering Command 
of the Department of the Navy and is on file with the 
California State Office of the Bureau of Land Manage-
ment. 
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(b) VALID EXISTING RIGHTS.—The transfer of ad-
ministrative jurisdiction under subsection (a) shall be sub-
ject to any valid existing rights, including any property, 
easements, or improvements held by the Bureau of Rec-
lamation and appurtenant to the Coachella Canal. The 
Secretary of the Navy shall provide for reasonable access 
by the Bureau of Reclamation for inspection and mainte-
nance purposes not inconsistent with military training. 
(c) TIME FOR CONVEYANCE.—The transfer of admin-
istrative jurisdiction under subsection (a) shall occur pur-
suant to a schedule agreed to by the Secretary of the Inte-
rior and the Secretary of the Navy, but in no case later 
than the date of the completion of the boundary realign-
ment required by section 3043. 
(d) MAP AND LEGAL DESCRIPTION.— 
(1) PREPARATION
AND
PUBLICATION.—The 
Secretary of the Interior shall publish in the Federal 
Register a legal description of the public land to be 
transferred under subsection (a). 
(2) SUBMISSION TO CONGRESS.—The Secretary 
of the Interior shall file with the Committee on En-
ergy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of 
Representatives— 
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(A) a copy of the legal description pre-
pared under paragraph (1); and 
(B) a map depicting the legal description 
of the transferred public land. 
(3) AVAILABILITY FOR PUBLIC INSPECTION.— 
Copies of the legal description and map filed under 
paragraph (2) shall be available for public inspection 
in the appropriate offices of— 
(A) the Bureau of Land Management; 
(B) the Office of the Commanding Officer, 
Marine Corps Air Station Yuma, Arizona; 
(C) the Office of the Commander, Navy 
Region Southwest; and 
(D) the Office of the Secretary of the 
Navy. 
(4) FORCE OF LAW.—The legal description and 
map filed under paragraph (2) shall have the same 
force and effect as if included in this Act, except 
that the Secretary of the Interior may correct cler-
ical and typographical errors in the legal description 
or map. 
(5) REIMBURSEMENT OF COSTS.—The transfer 
required by subsection (a) shall be made without re-
imbursement, except that the Secretary of the Navy 
shall reimburse the Secretary of the Interior for any 
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costs incurred by the Secretary of the Interior to 
prepare the legal description and map under this 
subsection. 
SEC. 3042. MANAGEMENT AND USE OF TRANSFERRED 
LAND. 
(a) USE OF TRANSFERRED LAND.—Upon the receipt 
of the land under section 3041, the Secretary of the Navy 
shall administer the land as the Chocolate Mountain Aer-
ial Gunnery Range, California, and continue to authorize 
use of the land for military purposes. 
(b) PROTECTION OF DESERT TORTOISE.—Nothing in 
the transfer required by section 3041 shall affect the prior 
designation of certain lands within the Chocolate Moun-
tain Aerial Gunnery Range as critical habitat for the 
desert tortoise (Gopherus Agassizii). 
(c) WITHDRAWAL OF MINERAL ESTATE.—Subject to 
valid existing rights, the mineral estate of the land to be 
transferred under section 3041 are withdrawn from all 
forms of appropriation under the public land laws, includ-
ing the mining laws and the mineral and geothermal leas-
ing laws, for as long as the land is under the administra-
tive jurisdiction of the Secretary of the Navy. 
(d) INTEGRATED NATURAL RESOURCES MANAGE-
MENT PLAN.—Not later than one year after the transfer 
of the land under section 3041, the Secretary of the Navy, 
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in cooperation with the Secretary of the Interior, shall pre-
pare an integrated natural resources management plan 
pursuant to the Sikes Act (16 U.S.C. 670a et seq.) for 
the transferred land and for land that, as of the date of 
the enactment of this Act, is under the jurisdiction of the 
Secretary of the Navy underlying the Chocolate Mountain 
Aerial Gunnery Range. 
SEC. 3043. REALIGNMENT OF RANGE BOUNDARY AND RE-
LATED TRANSFER OF TITLE. 
(a) REALIGNMENT; PURPOSE.—The Secretary of the 
Interior and the Secretary of the Navy shall realign the 
boundary of the Chocolate Mountain Aerial Gunnery 
Range, as in effect on the date of the enactment of this 
Act, to improve public safety and management of the 
Range, consistent with the following: 
(1) The northwestern boundary of the Choco-
late Mountain Aerial Gunnery Range shall be re-
aligned to the edge of the Bradshaw Trail so that 
the Trail is entirely on public land under the juris-
diction of the Department of the Interior. 
(2) The centerline of the Bradshaw Trail shall 
be delineated by the Secretary of the Interior in con-
sultation with the Secretary of the Navy, beginning 
at its western terminus at Township 8 South, Range 
12 East, Section 6 eastward to Township 8 South, 
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Range 17 East, Section 32 where it leaves the Choc-
olate Mountain Aerial Gunnery Range. 
(b) TRANSFERS RELATED TO REALIGNMENT.—The 
Secretary of the Interior and the Secretary of the Navy 
shall make such transfers of administrative jurisdiction as 
may be necessary to reflect the results of the boundary 
realignment carried out pursuant to subsection (a). 
(c) APPLICABILITY OF NATIONAL ENVIRONMENTAL 
POLICY ACT OF 1969.—The National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply 
to any transfer of land made under subsection (b) or any 
decontamination actions undertaken in connection with 
such a transfer. 
(d) DECONTAMINATION.—The Secretary of the Navy 
shall maintain, to the extent funds are available for such 
purpose and consistent with applicable Federal and State 
law, a program of decontamination of any contamination 
caused by defense-related uses on land transferred under 
subsection (b). The Secretary of Defense shall include a 
description of such decontamination activities in the an-
nual report required by section 2711 of title 10, United 
States Code. 
(e) TIMELINE.—The delineation of the Bradshaw 
Trail under subsection (a) and any transfer of land under 
subsection (b) shall occur pursuant to a schedule agreed 
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to by the Secretary of the Interior and the Secretary of 
the Navy, but in no case later than two years after the 
date of the enactment of this Act. 
SEC. 3044. EFFECT OF TERMINATION OF MILITARY USE. 
(a) NOTICE AND EFFECT.—Upon a determination by 
the Secretary of the Navy that there is no longer a mili-
tary need for all or portions of the land transferred under 
section 3041, the Secretary of the Navy shall notify the 
Secretary of the Interior of such determination. Subject 
to subsections (b), (c), and (d), the Secretary of the Navy 
shall transfer the land subject to such a notice back to 
the administrative jurisdiction of the Secretary of the Inte-
rior. 
(b) CONTAMINATION.—Before transmitting a notice 
under subsection (a), the Secretary of the Navy shall pre-
pare a written determination concerning whether and to 
what extent the land to be transferred are contaminated 
with explosive, toxic, or other hazardous materials. A copy 
of the determination shall be transmitted with the notice. 
Copies of the notice and the determination shall be pub-
lished in the Federal Register. 
(c) DECONTAMINATION.—The Secretary of the Navy 
shall decontaminate any contaminated land that is the 
subject of a notice under subsection (a) if— 
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(1) the Secretary of the Interior, in consultation 
with the Secretary of the Navy, determines that— 
(A) decontamination is practicable and 
economically feasible (taking into consideration 
the potential future use and value of the land); 
and 
(B) upon decontamination, the land could 
be opened to operation of some or all of the 
public land laws, including the mining laws; and 
(2) funds are appropriated for such decon-
tamination. 
(d) ALTERNATIVE.—The Secretary of the Interior is 
not required to accept land proposed for transfer under 
subsection (a) if the Secretary of the Interior is unable 
to make the determinations under subsection (c)(1) or if 
Congress does not appropriate a sufficient amount of 
funds for the decontamination of the land. 
SEC. 3045. TEMPORARY EXTENSION OF EXISTING WITH-
DRAWAL PERIOD. 
Notwithstanding subsection (a) of section 806 of the 
California Military Lands Withdrawal and Overflights Act 
of 1994 (title VIII of Public Law 103–433; 108 Stat. 
4505), the withdrawal and reservation of the land trans-
ferred under section 3041 shall not terminate until the 
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date on which the land transfer required by section 3041 
is executed. 
SEC. 3046. WATER RIGHTS. 
(a) WATER RIGHTS.—Nothing in this subtitle shall 
be construed— 
(1) to establish a reservation in favor of the 
United States with respect to any water or water 
right on lands transferred by this subtitle; or 
(2) to authorize the appropriation of water on 
lands transferred by this subtitle except in accord-
ance with applicable State law. 
(b) EFFECT
ON PREVIOUSLY ACQUIRED
OR RE-
SERVED WATER RIGHTS.—This section shall not be con-
strued to affect any water rights acquired or reserved by 
the United States before the date of the enactment of this 
Act. 
Subtitle 
E—Marine 
Corps 
Air 
Ground 
Combat 
Center 
Twentynine Palms, California 
SEC. 3051. DESIGNATION OF JOHNSON VALLEY NATIONAL 
OFF-HIGHWAY VEHICLE RECREATION AREA. 
(a) DESIGNATION.—The approximately 188,000 
acres of public land and interests in land administered by 
the Secretary of the Interior through the Bureau of Land 
Management in San Bernardino County, California, as 
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generally depicted as the ‘‘Johnson Valley Off-Highway 
Vehicle Recreation Area’’ on the map titled ‘‘Johnson Val-
ley National Off-Highway Vehicle Recreation Area and 
Transfer of the Southern Study Area’’ and dated April 
11, 2013, are hereby designated as the ‘‘Johnson Valley 
National Off-Highway Vehicle Recreation Area’’. 
(b) RECREATIONAL AND CONSERVATION USE.—The 
Johnson Valley National Off-Highway Vehicle Recreation 
Area is designated for the following purposes: 
(1) Public recreation (including off-highway ve-
hicle use, camping, and hiking) when the lands are 
not used for military training as authorized by sec-
tion 3052. 
(2) Natural resources conservation. 
(c) WITHDRAWAL.—The public land and interests in 
land included in the Johnson Valley National Off-Highway 
Vehicle Recreation Area are hereby withdrawn from all 
forms of appropriation under the public land laws, includ-
ing the mining laws and the mineral leasing and geo-
thermal leasing laws. 
(d) TREATMENT OF EXISTING RIGHTS.—The des-
ignation of the Johnson Valley National Off-Highway Ve-
hicle Recreation Area and the withdrawal of the public 
land and interests in land included in the Recreation Area 
are subject to valid existing rights. 
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SEC. 
3052. 
LIMITED 
BIANNUAL 
MARINE 
CORPS 
AIR 
GROUND 
COMBAT 
CENTER 
TWENTYNINE 
PALMS USE OF JOHNSON VALLEY NATIONAL 
OFF-HIGHWAY VEHICLE RECREATION AREA. 
(a) USE FOR MILITARY PURPOSES AUTHORIZED.— 
Subject to subsection (b), the Secretary of the Interior 
shall authorize the Secretary of the Navy to utilize por-
tions of Johnson Valley National Off-Highway Vehicle 
Recreation Area twice in each calendar year for up to a 
total of 60 days per year for the following purposes: 
(1) Sustained, combined arms, live-fire, and 
maneuver field training for large-scale Marine air- 
ground task forces. 
(2) Individual and unit live-fire training ranges. 
(3) Equipment and tactics development. 
(4) Other defense-related purposes consistent 
with the purposes specified in the preceding para-
graphs. 
(b) CONDITIONS ON MILITARY USE.— 
(1) CONSULTATION AND PUBLIC PARTICIPATION 
REQUIREMENTS.—Before the Secretary of the Navy 
requests the two time periods for military use of the 
Johnson 
Valley 
National 
Off-Highway 
Vehicle 
Recreation Area in a calendar year, the Secretary of 
the Navy shall— 
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(A) consult with the Secretary of the Inte-
rior regarding the best times for military use to 
reduce interference with or interruption of non-
military 
activities 
authorized 
by 
section 
3051(b); and 
(B) provide for public awareness of and 
participation in the selection process. 
(2) PUBLIC
NOTICE.—The Secretary of the 
Navy shall provide advance, wide-spread notice be-
fore any closure of public lands for military use 
under this section. 
(3) PUBLIC SAFETY.—Military use of the John-
son Valley National Off-Highway Vehicle Recreation 
Area during the biannual periods authorized by sub-
section (a) shall be conducted in the presence of suf-
ficient range safety officers to ensure the safety of 
military personnel and civilians. 
(4) CERTAIN
TYPES
OF
ORDNANCE
PROHIB-
ITED.—The Secretary of the Navy shall prohibit the 
use of dud-producing ordnance in any military train-
ing conducted under subsection (a). 
(c) IMPLEMENTING AGREEMENT.— 
(1) 
AGREEMENT
REQUIRED; 
REQUIRED 
TERMS.—The Secretary of the Interior and the Sec-
retary of the Navy shall enter into a written agree-
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ment to implement this section. The agreement shall 
include a provision for periodic review of the agree-
ment for its adequacy, effectiveness, and need for re-
vision. 
(2) ADDITIONAL TERMS.—The agreement may 
provide for— 
(A) the integration of the management 
plans of the Secretary of the Interior and the 
Secretary of the Navy; 
(B) delegation to civilian law enforcement 
personnel of the Department of the Navy of the 
authority of the Secretary of the Interior to en-
force the laws relating to protection of natural 
and cultural resources and of fish and wildlife; 
and 
(C) the sharing of resources in order to 
most efficiently and effectively manage the 
lands. 
(d) DURATION.—Any agreement for the military use 
of the Johnson Valley National Off-Highway Vehicle 
Recreation Area shall terminate not later than March 31, 
2039. 
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SEC. 3053. TRANSFER OF ADMINISTRATIVE JURISDICTION, 
SOUTHERN STUDY AREA, MARINE CORPS AIR 
GROUND 
COMBAT 
CENTER 
TWENTYNINE 
PALMS, CALIFORNIA. 
(a) TRANSFER REQUIRED.—Not later than Sep-
tember 30, 2014, the Secretary of the Interior shall trans-
fer, without reimbursement, to the administrative jurisdic-
tion of the Secretary of the Navy certain public land ad-
ministered by the Bureau of Land Management consisting 
of approximately 20,000 acres in San Bernardino County, 
California, as generally depicted as the ‘‘Southern Study 
Area’’ on the map referred to in section 3051. 
(b) USE OF TRANSFERRED LAND.—Upon the receipt 
of the land under subsection (a), the Secretary of the Navy 
shall include the land as part of the Marine Corps Air 
Ground Combat Center Twentynine Palms, California, 
and authorize use of the land for military purposes. 
(c) LEGAL DESCRIPTION AND MAP.— 
(1) PREPARATION
AND
PUBLICATION.—The 
Secretary of the Interior shall publish in the Federal 
Register a legal description and map of the public 
land to be transferred under subsection (a). 
(2) FORCE OF LAW.—The legal description and 
map filed under paragraph (1) shall have the same 
force and effect as if included in this Act, except 
that the Secretary of the Interior may correct cler-
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ical and typographical errors in the legal description 
and map. 
(d) REIMBURSEMENT OF COSTS.—The Secretary of 
the Navy shall reimburse the Secretary of the Interior for 
any costs incurred by the Secretary of the Interior to carry 
out this section. 
SEC. 3054. WATER RIGHTS. 
(a) WATER RIGHTS.—Nothing in this subtitle shall 
be construed— 
(1) to establish a reservation in favor of the 
United States with respect to any water or water 
right on lands transferred by this subtitle; or 
(2) to authorize the appropriation of water on 
lands transferred by this subtitle except in accord-
ance with applicable State law. 
(b) EFFECT
ON PREVIOUSLY ACQUIRED
OR RE-
SERVED WATER RIGHTS.—This section shall not be con-
strued to affect any water rights acquired or reserved by 
the United States before the date of the enactment of this 
Act. 
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Subtitle F—Naval Air Station 
Fallon, Nevada 
SEC. 3061. TRANSFER OF ADMINISTRATIVE JURISDICTION, 
NAVAL AIR STATION FALLON, NEVADA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of the Interior 
shall transfer to the Secretary of the Navy, without con-
sideration, the Federal land described in subsection (b). 
(b) DESCRIPTION OF FEDERAL LAND.—The Federal 
land referred to in subsection (a) is the parcel of approxi-
mately 400 acres of land under the jurisdiction of the Sec-
retary of the Interior that— 
(1) is adjacent to Naval Air Station Fallon in 
Churchill County, Nevada; and 
(2) was withdrawn under Public Land Order 
6834 (NV–943–4214–10; N–37875). 
(c) MANAGEMENT.—On transfer of the Federal land 
described under subsection (b) to the Secretary of the 
Navy, the Secretary of the Navy shall have full jurisdic-
tion, custody, and control of the Federal land. 
SEC. 3062. WATER RIGHTS. 
(a) WATER RIGHTS.—Nothing in this subtitle shall 
be construed— 
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(1) to establish a reservation in favor of the 
United States with respect to any water or water 
right on lands transferred by this subtitle; or 
(2) to authorize the appropriation of water on 
lands transferred by this subtitle except in accord-
ance with applicable State law. 
(b) EFFECT
ON PREVIOUSLY ACQUIRED
OR RE-
SERVED WATER RIGHTS.—This section shall not be con-
strued to affect any water rights acquired or reserved by 
the United States before the date of the enactment of this 
Act. 
SEC. 3063. WITHDRAWAL. 
Subject to valid existing rights, the Federal land to 
be transferred under section 3061 is withdrawn from all 
forms of appropriation under the public land laws, includ-
ing the mining laws and geothermal leasing laws, so long 
as the land remains under the administrative jurisdiction 
of the Secretary of the Navy. 
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DIVISION C—DEPARTMENT OF 
ENERGY NATIONAL SECURITY 
AUTHORIZATIONS 
AND 
OTHER AUTHORIZATIONS 
TITLE 
XXXI—DEPARTMENT 
OF 
ENERGY NATIONAL SECURITY 
PROGRAMS 
Subtitle A—National Security 
Programs Authorizations 
SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated to the Depart-
ment of Energy for fiscal year 2014 for the activities of 
the National Nuclear Security Administration in carrying 
out programs as specified in the funding table in section 
4701. 
(b) AUTHORIZATION OF NEW PLANT PROJECTS.— 
From funds referred to in subsection (a) that are available 
for carrying out plant projects, the Secretary of Energy 
may carry out new plant projects for the National Nuclear 
Security Administration as follows: 
Project 14–D–710, Device Assembly Facil-
ity Argus Installation Project, Nevada National 
Security Site, Las Vegas, Nevada, $14,000,000 
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Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions 
SEC. 3111. CLARIFICATION OF PRINCIPLES OF NATIONAL 
NUCLEAR SECURITY ADMINISTRATION. 
Subsection (c) of section 3211 of the National Nu-
clear Security Administration Act (50 U.S.C. 2401) is 
amended to read as follows: 
‘‘(c) OPERATIONS AND ACTIVITIES TO BE CARRIED 
OUT CONSISTENT WITH CERTAIN PRINCIPLES.—In car-
rying out the mission of the Administration, the Adminis-
trator shall ensure that all operations and activities of the 
Administration are consistent with the principles of— 
‘‘(1) protecting the environment; 
‘‘(2) safeguarding the safety and health of the 
public and of the workforce of the Administration; 
and 
‘‘(3) ensuring the security of the nuclear weap-
ons, nuclear material, and classified information in 
the custody of the Administration.’’. 
SEC. 3112. TERMINATION OF DEPARTMENT OF ENERGY EM-
PLOYEES TO PROTECT NATIONAL SECURITY. 
(a) IN GENERAL.—Subtitle C of the National Nu-
clear Security Administration Act (50 U.S.C. 2441 et 
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seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 3245. TERMINATION OF EMPLOYEES TO PROTECT NA-
TIONAL SECURITY. 
‘‘(a) TERMINATION AUTHORITY.—Notwithstanding 
any other provision of law, the Secretary of Energy may 
terminate an employee of the Administration or any ele-
ment of the Department of Energy that involves nuclear 
security if the Secretary— 
‘‘(1) determines that the employee acted in a 
manner that endangers the security of special nu-
clear material or classified information; 
‘‘(2) considers the termination to be in the in-
terests of the United States; and 
‘‘(3) determines that the procedures prescribed 
in other provisions of law that authorize the termi-
nation of the employment of such employee cannot 
be invoked in a manner that the Secretary considers 
consistent with national security. 
‘‘(b) STATEMENTS AND AFFIDAVITS.—(1) To the ex-
tent that the Secretary determines that the interests of 
national security permit, the Secretary shall notify an em-
ployee whose employment is terminated under this section 
of the reasons for the termination. 
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‘‘(2) During the 30-day period beginning on the date 
on which a terminated employee is notified under para-
graph (1), the employee may submit to the Secretary 
statements or affidavits to show why the employee should 
be restored to duty. 
‘‘(3) If a terminated employee submits statements 
and affidavits under paragraph (2), the Secretary— 
‘‘(A) shall provide a written response to the em-
ployee; and 
‘‘(B) may restore the employment of the em-
ployee. 
‘‘(c) FINALITY.—A decision by the Secretary to ter-
minate the employment of an employee under this section 
is final and may not be appealed or reviewed outside the 
Department. 
‘‘(d) NOTIFICATION
TO CONGRESSIONAL COMMIT-
TEES.—Whenever the Secretary terminates the employ-
ment of an employee under the authority of this section, 
the Secretary shall promptly notify the congressional de-
fense committees of such termination. 
‘‘(e) PRESERVATION OF RIGHT TO SEEK OTHER EM-
PLOYMENT.—Any termination of employment under this 
section does not affect the right of the employee involved 
to seek or accept employment with any other department 
or agency of the United States if that employee is declared 
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eligible for such employment by the Director of the Office 
of Personnel Management. 
‘‘(f) PROHIBITION ON DELEGATION.—The authority 
of the Secretary under this section may not be delegated.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
at the beginning of such Act is amended by inserting after 
the item relating to section 3244 the following new item: 
‘‘Sec. 3245. Termination of employees to protect national security.’’. 
SEC. 3113. MODIFICATION OF INDEPENDENT COST ESTI-
MATES ON LIFE EXTENSION PROGRAMS AND 
NEW NUCLEAR FACILITIES. 
(a) IN GENERAL.—Section 4217 of the Atomic En-
ergy Defense Act (50 U.S.C. 2537) is amended— 
(1) in subsection (b)(2), by adding after the pe-
riod at the end the following: ‘‘Such cost estimates 
shall be conducted by the Secretary of Defense, act-
ing through the Director of Cost Assessment and 
Program Evaluation. The Director may delegate car-
rying out such a cost estimate to another element of 
the Department of Defense.’’; and 
(2) by amending subsection (c) to read as fol-
lows: 
‘‘(c) AUTHORITY FOR FURTHER ASSESSMENTS.—(1) 
In consultation with the Administrator, the Secretary of 
Defense, acting through the Director of Cost Assessment 
and Program Evaluation, may conduct an independent 
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cost assessment of any initiative or program of the Admin-
istration 
that 
is 
estimated 
to 
cost 
more 
than 
$500,000,000. The Director may delegate carrying out 
such a cost estimate to another element of the Department 
of Defense. 
‘‘(2) The Secretary, acting through the Adminis-
trator, shall request an appropriate official or entity to 
conduct an independent review of each— 
‘‘(A) guidance for the analysis of alternatives 
for each covered system or facility before such anal-
ysis is conducted; and 
‘‘(B) results of such analysis. 
‘‘(3) The Secretary, acting through the Adminis-
trator, shall submit to the congressional defense commit-
tees and the Nuclear Weapons Council each independent 
review conducted under paragraph (2). 
‘‘(4) In this subsection: 
‘‘(A) The term ‘appropriate official or entity’ 
means the following: 
‘‘(i) The Director of Cost Assessment and 
Program Evaluation. 
‘‘(ii) An organization selected by the Direc-
tor of Cost Assessment and Program Evalua-
tion. 
‘‘(iii) The JASON Defense Advisory Panel. 
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‘‘(B) The term ‘covered system or facility’ 
means the following: 
‘‘(i) Each nuclear weapon system under-
going life extension at the completion of phase 
6.2A, relating to design definition and cost 
study. 
‘‘(ii) Each new nuclear facility within the 
nuclear security enterprise (as defined in sec-
tion 4002(5) of the Atomic Energy Defense Act 
(50 U.S.C. 2501(5)) that is estimated to cost 
more than $500,000,000 before such facility 
achieves critical decision 2 in the acquisition 
process.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a)(2) shall expire on the date that is three 
years after the date of the enactment of this Act. Effective 
on the day after such expiration date, subsection (c) of 
section 4217 of the Atomic Energy Defense Act (50 
U.S.C. 2537), as in effect on the day before the date of 
the enactment of this Act, is hereby revived. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that Congress encourages the Administrator for Nu-
clear Security and the Nuclear Weapons Council to follow 
the results of the analysis of alternatives of a life extension 
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program or a defense nuclear facility construction project 
when selecting a final option. 
SEC. 3114. PLAN FOR RETRIEVAL, TREATMENT, AND DIS-
POSITION OF TANK FARM WASTE AT HAN-
FORD NUCLEAR RESERVATION. 
(a) IN GENERAL.—Subtitle D of title XLIV of the 
Atomic Energy Defense Act (50 U.S.C. 2621 et seq.) is 
amended by adding at the end the following new section: 
‘‘SEC. 4445. PLAN FOR RETRIEVAL, TREATMENT, AND DIS-
POSITION OF TANK FARM WASTE AT HAN-
FORD NUCLEAR RESERVATION. 
‘‘(a) PLAN.—Not later than March 1, 2014, the Sec-
retary of Energy shall submit to the congressional defense 
committees a comprehensive plan through 2025 for the 
safe and effective retrieval, treatment, and disposition of 
nuclear waste contained in the tank farms of Hanford Nu-
clear Reservation, Richland, Washington. 
‘‘(b) MATTERS INCLUDED.—The plan under sub-
section (a) shall include the following: 
‘‘(1) A list of all requirements, assumptions, 
and criteria needed to design, construct, and operate 
the Waste Treatment and Immobilization Plant and 
any required infrastructure facilities at the Hanford 
Tank Farms. 
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‘‘(2) A schedule of activities, construction, and 
operations at the Hanford Tank Farms and Waste 
Treatment and Immobilization Plant required before 
2025 to carry out the safe and effective retrieval, 
treatment, and disposition of waste in the Hanford 
Tank Farms. 
‘‘(3) Actions required to accelerate, to the ex-
tent possible, the retrieval and treatment of lower- 
risk, low-activity waste while continuing efforts to 
accelerate the resolution of technical challenges asso-
ciated with higher-risk, high-activity waste. 
‘‘(4) A description of how the Secretary will— 
‘‘(A) provide adequate protection to work-
ers and the public under the plan; and 
‘‘(B) incorporate into the plan any new 
science and technical information that was not 
available before the development of the plan, in-
cluding new science and technical information 
not available as of March 2014. 
‘‘(c) DETERMINATIONS.—(1) For each requirement, 
assumption, or criterion identified by the Secretary under 
subsection (b)(1), the Secretary shall include in the plan 
under subsection (a) a determination regarding whether 
such requirement, assumption or criterion is finalized and 
will be used to inform planning, design, construction, and 
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operations of the Waste Treatment and Immobilization 
Plant project. 
‘‘(2) For each requirement, assumption, or criterion 
that the Secretary cannot make a finalized determination 
for under paragraph (1) by the date the plan under sub-
section (a) is submitted to the congressional defense com-
mittees, the Secretary shall— 
‘‘(A) include in the plan— 
‘‘(i) a description of the requirement, as-
sumption, or criterion; 
‘‘(ii) a list of activities required for the 
Secretary to make such determination; and 
‘‘(iii) the date on which the Secretary an-
ticipates making such determination; and 
‘‘(B) once the Secretary makes the finalized de-
termination with respect to the requirement, as-
sumption, or criterion, submit to such committees 
notification that the requirement, assumption, or cri-
terion is finalized and will be used to inform the 
planning, design, construction, and operations of the 
Waste Treatment and Immobilization Plant project. 
‘‘(3)(A) Subject to subparagraph (B), the Secretary 
may authorize a change to a requirement, assumption, or 
criterion that the Secretary determines as finalized under 
paragraph (1) or (2)(B). 
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‘‘(B) The Secretary shall make changes to a require-
ment, assumption, or criterion under subparagraph (A) if 
the Secretary cannot provide adequate protection without 
making such changes. 
‘‘(C) If the Secretary authorizes a change to a re-
quirement, assumption, or criterion under subparagraph 
(A) or (B) that will have a material effect on any aspect 
of the schedule or cost of the Waste Treatment and Immo-
bilization Plant project, the Secretary shall promptly no-
tify the congressional defense committees of such change. 
‘‘(D) The authority of the Secretary under this para-
graph may be delegated only to the Deputy Secretary of 
Energy.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
at the beginning of the Atomic Energy Defense Act is 
amended by inserting after the item relating to section 
4444 the following new item: 
‘‘Sec. 4445. Plan for retrieval, treatment, and disposition of tank farm waste 
at Hanford Nuclear Reservation.’’. 
SEC. 3115. ENHANCED PROCUREMENT AUTHORITY TO MAN-
AGE SUPPLY CHAIN RISK. 
(a) IN GENERAL.—Subtitle A of title XLVIII of the 
Atomic Energy Defense Act (50 U.S.C. 2781 et seq.) is 
amended by adding at the end the following: 
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‘‘SEC. 4806. ENHANCED PROCUREMENT AUTHORITY TO 
MANAGE SUPPLY CHAIN RISK. 
‘‘(a) AUTHORITY.—Subject to subsection (b), a cov-
ered official may— 
‘‘(1) carry out a covered procurement action; 
and 
‘‘(2) notwithstanding any other provision of 
law, limit, in whole or in part, the disclosure of in-
formation relating to the basis for carrying out a 
covered procurement action. 
‘‘(b) DETERMINATION AND NOTIFICATION.—Before 
exercising the authority under subsection (a), a covered 
official shall— 
‘‘(1) obtain a joint recommendation by the Dep-
uty Secretary of Energy and the Chief Information 
Officer of the Department of Energy, on the basis 
of a risk assessment conducted by the Office of In-
telligence and Counterintelligence of the Department 
of Energy, that there is a significant supply chain 
risk to a covered system; 
‘‘(2) make a determination in writing, with the 
concurrence of the Deputy Secretary of Energy, 
that— 
‘‘(A) carrying out a covered procurement 
action under subsection (a)(1) is necessary to 
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protect national security by reducing supply 
chain risk; 
‘‘(B) less intrusive measures are not rea-
sonably available to reduce such supply chain 
risk; and 
‘‘(C) if the covered official plans to limit 
disclosure of information under subsection 
(a)(2), the risk to national security that may 
result from the disclosure of such information is 
greater than such risk that may result from not 
disclosing such information; and 
‘‘(3) submit to the congressional defense com-
mittees, the Committee on Energy and Natural Re-
sources of the Senate, and the Committee on Energy 
and Commerce of the House of Representatives writ-
ten notification of— 
‘‘(A) the joint recommendation under para-
graph (1), including a summary of the risk as-
sessment by the Office of Intelligence and 
Counterintelligence that serves as the basis for 
such joint recommendation; 
‘‘(B) the determination under paragraph 
(2), including— 
‘‘(i) a summary of the basis for such 
determination; and 
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‘‘(ii) a discussion of the less intrusive 
measures that were considered under sub-
paragraph (B) of such paragraph and the 
reason that the official determined such 
measures to not be reasonably available; 
and 
‘‘(C) the information required by section 
2304(f)(3) of title 10, United States Code. 
‘‘(c) LIMITATION ON DISCLOSURE.—If a covered offi-
cial exercises the authority under subsection (a), the cov-
ered official shall— 
‘‘(1) notify appropriate parties of the covered 
procurement action and the basis for such action 
only to the extent necessary to carry out the covered 
procurement action; 
‘‘(2) notify other elements of the Department of 
Energy or other departments or agencies of the 
United States that are responsible for procurement 
that may be subject to the same or similar supply 
chain risk of the covered procurement action, con-
sistent with the requirements of national security; 
and 
‘‘(3) ensure the confidentiality of any notifica-
tion made under paragraph (1) or (2). 
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‘‘(d) DELEGATION.—A covered official may not dele-
gate the authority provided under this section to an offi-
cial of the Department of Energy below the level of the 
Deputy Assistant Secretary of Energy. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered item of supply’ means 
an item that is purchased for inclusion in a covered 
system, and the loss of integrity of which could re-
sult in a supply chain risk for a covered system. 
‘‘(2) The term ‘covered official’ means any of 
the following: 
‘‘(A) The Under Secretary of Energy. 
‘‘(B) The Under Secretary of Energy for 
Science. 
‘‘(C) The Administrator for Nuclear Secu-
rity. 
‘‘(D) The Administrator of the Energy In-
formation Administration. 
‘‘(E) The Administrator of the Bonneville 
Power Administration. 
‘‘(F) The Administrator of the South-
eastern Power Administration. 
‘‘(G) The Administrator of the South-
western Power Administration. 
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‘‘(H) The Administrator of the Western 
Area Power Administration. 
‘‘(I) The Chief Information Officer of the 
Department of Energy. 
‘‘(3) The term ‘covered procurement’ means— 
‘‘(A) a source selection for a covered sys-
tem or a covered item of supply involving either 
a performance specification, as described in 
paragraph (1)(C)(ii) of section 2305(a) of title 
10, United States Code, or an evaluation factor, 
as described in paragraph (2)(A) of such sec-
tion, relating to supply chain risk; 
‘‘(B) the consideration of proposals for and 
issuance of a task or delivery order for a cov-
ered system or a covered item of supply if the 
task or delivery order contract concerned in-
cludes a contract clause establishing a require-
ment relating to supply chain risk; or 
‘‘(C) any contract action involving a con-
tract for a covered system or a covered item of 
supply if such contract includes a clause estab-
lishing requirements relating to supply chain 
risk. 
‘‘(4) The term ‘covered procurement action’ 
means, with respect to an action that occurs in the 
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course of conducting a covered procurement, any of 
the following: 
‘‘(A) The exclusion of a source that fails to 
meet qualification standards established in ac-
cordance with the requirements of section 2319 
of title 10, United States Code, for the purpose 
of reducing supply chain risk in the acquisition 
of covered systems. 
‘‘(B) The exclusion of a source that fails to 
achieve an acceptable rating with respect to an 
evaluation factor providing for the consideration 
of supply chain risk in the evaluation of pro-
posals for the award of a contract or the 
issuance of a task or delivery order. 
‘‘(C) The withholding of consent for a con-
tractor to subcontract with a particular source 
or the direction to a contractor for a covered 
system to exclude a particular source from con-
sideration for a subcontract under the contract. 
‘‘(5) The term ‘covered system’ means— 
‘‘(A) nuclear weapons; 
‘‘(B) components of nuclear weapons; 
‘‘(C) items associated with the design, de-
velopment, production, and maintenance of nu-
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clear weapons or components of nuclear weap-
ons; and 
‘‘(D) items associated with the surveillance 
of the nuclear weapon stockpile; and 
‘‘(E) any national security system (as de-
fined in section 3542(b)(2) of title 44, United 
States Code). 
‘‘(6) The term ‘supply chain risk’ means the 
risk that an adversary may sabotage, maliciously in-
troduce an unwanted function, or otherwise subvert 
the design, integrity, manufacturing, production, dis-
tribution, installation, operation, or maintenance of 
a covered system so as to surveil, deny, disrupt, or 
otherwise degrade the function, use, or operation of 
such system.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
at the beginning of such Act is amended by inserting after 
the item relating to section 4805 the following new item: 
‘‘Sec. 4806. Enhanced procurement authority to manage supply chain risk.’’. 
(c) EFFECTIVE DATE.—Section 4806 of the Atomic 
Energy Defense Act, as added by subsection (a), shall 
apply with respect to— 
(1) contracts that are awarded on or after the 
date that is 180 days after the date of the enact-
ment of this Act; and 
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(2) task and delivery orders that are issued on 
or after the date that is 180 days after such date 
of enactment under contracts awarded before, on, or 
after such date of enactment. 
SEC. 3116. LIMITATION ON AVAILABILITY OF FUNDS FOR 
NATIONAL NUCLEAR SECURITY ADMINISTRA-
TION. 
(a) LIMITATION.—Except as provided by subsection 
(c), of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2014 for the 
National Nuclear Security Administration, $139,500,000 
may not be obligated or expended until the date on which 
the Administrator for Nuclear Security submits to the 
congressional defense committees— 
(1) a detailed plan to realize the planned effi-
ciencies; and 
(2) written certification that the planned effi-
ciencies will be achieved during fiscal year 2014. 
(b) UNREALIZED EFFICIENCIES.—If the Adminis-
trator does not submit to the congressional defense com-
mittees the matters described in paragraphs (1) and (2) 
of subsection (a) by the date that is 60 days after the 
date of the enactment of this Act, the Administrator shall 
submit to the congressional defense committees a report 
on— 
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