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(2) each certify to such Committees that the mu-
seum is suitable for such recognition. 
(c) ELEMENTS OF CERTIFICATION.—The Secretary of 
the Air Force, Secretary of the Navy, and Secretary of the 
Army shall provide the certification under subsection (b)(2) 
only if each certifies that each of the following is correct: 
(1) The museum possesses the infrastructure nec-
essary to maintain and preserve military cultural re-
sources. 
(2) The museum is accredited. 
(3) The museum prevents the private use of any 
item donated to the museum. 
(4) The museum applies industry standards for 
the preservation of military cultural resources. 
(5) The museum employs sufficient staff, trained 
to industry standards, to ensure the preservation of 
military cultural resources. 
Subtitle G—Designations and Other 
Matters 
SEC. 2861. DESIGNATION OF PORTION OF MOFFETT FED-
ERAL AIRFIELD, CALIFORNIA, AS MOFFETT 
AIR NATIONAL GUARD BASE. 
(a) DESIGNATION.—The 111-acre cantonment area at 
Moffett Federal Airfield, California, utilized by the 129th 
Rescue Wing of the California Air National Guard shall 
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be known and designated as ‘‘Moffett Air National Guard 
Base’’. 
(b) REFERENCES.—Any reference in any law, regula-
tion, map, document, paper, other record of the United 
States to the cantonment area at Moffett Federal Airfield 
described in subsection (a) shall be considered to be a ref-
erence to Moffett Air National Guard Base. 
SEC. 2862. REDESIGNATION OF MIKE O’CALLAGHAN FED-
ERAL MEDICAL CENTER. 
Section 2867 of the Military Construction Authoriza-
tion Act for Fiscal Year 1997 (division B of Public Law 
104-201; 110 Stat. 2806), as amended by section 8135(a) 
of the Department of Defense Appropriations Act, 1997 (sec-
tion 101(b) of division A of the Omnibus Consolidated Ap-
propriations Act, 1997 (Public Law 104-208; 110 Stat. 
3009-118)), and as amended by section 2862 of the Military 
Construction Authorization Act for Fiscal Year 2012 (divi-
sion B of Public Law 112-81; 125 Stat. 1701) is further 
amended— 
(1) by striking ‘‘Mike O’Callaghan Federal Med-
ical Center’’ each place it appears and inserting 
‘‘Mike O’Callaghan Military Medical Center’’; and 
(2) 
in 
the 
heading, 
by 
striking 
‘‘MIKE 
O’CALLAGHAN’’ and all that follows and inserting 
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‘‘MIKE O’CALLAGHAN MILITARY MEDICAL CEN-
TER.’’. 
SEC. 2863. TRANSFER OF CERTAIN ITEMS OF THE OMAR 
BRADLEY FOUNDATION TO THE DESCEND-
ANTS OF GENERAL OMAR BRADLEY. 
(a) TRANSFER AUTHORIZED.—The Omar Bradley 
Foundation, Pennsylvania, may transfer, without consider-
ation, to the child of General of the Army Omar Nelson 
Bradley and his first wife Mary Elizabeth Quayle Bradley, 
namely Elizabeth Bradley, such items of the Omar Bradley 
estate under the control of the Foundation as the Secretary 
of the Army determines to be without historic value to the 
Army. 
(b) TIME OF SUBMITTAL OF CLAIM FOR TRANSFER.— 
No item may be transferred under subsection (a) unless the 
claim for the transfer of such item is submitted to the Omar 
Bradley Foundation during the 180-day period beginning 
on the date of the enactment of this Act. 
SEC. 2864. PROTECTION AND RECOVERY OF GREATER SAGE 
GROUSE. 
(a) DEFINITIONS.—In this section: 
(1) FEDERAL RESOURCE MANAGEMENT PLAN.— 
The term ‘‘Federal resource management plan’’ 
means— 
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(A) a land use plan prepared by the Bureau 
of Land Management for public lands pursuant 
to section 202 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1712); or 
(B) a land and resource management plan 
prepared by the Forest Service for National For-
est System lands pursuant to section 6 of the 
Forest and Rangeland Renewable Resources 
Planning Act of 1974 (16 U.S.C. 1604). 
(2) GREATER SAGE GROUSE.—The term ‘‘Great-
er Sage Grouse’’ means a sage grouse of the species 
Centrocercus urophasianus. 
(3) STATE
MANAGEMENT
PLAN.—The term 
‘‘State management plan’’ means a State-approved 
plan for the protection and recovery of the Greater 
Sage Grouse. 
(b) PURPOSE.—The purpose of this section is— 
(1) to facilitate implementation of State man-
agement plans over a period of multiple, consecutive 
Greater Sage Grouse life cycles; and 
(2) to demonstrate the efficacy of the State man-
agement plans for the protection and recovery of the 
Greater Sage Grouse. 
(c) DELAY IN MAKING ENDANGERED SPECIES ACT OF 
1973 FINDING.— 
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(1) DELAY REQUIRED.—In the case of any State 
with a State management plan, the Secretary of the 
Interior may not make a finding under clause (i), 
(ii), or (iii) of section 4(b)(3)(B) of the Endangered 
Species Act of 1973 (16 U.S.C. 1533(b)(3)(B)) with 
respect to the Greater Sage Grouse in that State be-
fore September 30, 2026. 
(2) EFFECT ON OTHER LAWS.—The delay im-
posed by paragraph (1) is, and shall remain, effective 
without regard to any other statute, regulation, court 
order, legal settlement, or any other provision of law 
or in equity. 
(3) EFFECT ON CONSERVATION STATUS.—Until 
the date specified in paragraph (1), the conservation 
status of the Greater Sage Grouse shall remain not 
warranted for listing under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.). 
(d) COORDINATION OF FEDERAL LAND MANAGEMENT 
AND STATE MANAGEMENT PLANS.— 
(1) PROHIBITION ON WITHDRAWALS AND MODI-
FICATIONS
OF
FEDERAL
RESOURCE
MANAGEMENT 
PLANS.—In order to foster coordination between a 
State management plan and Federal resource man-
agement plans that affect the Greater Sage Grouse, 
upon notification by the Governor of a State with a 
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State management plan, the Secretary of the Interior 
and the Secretary of Agriculture, as applicable, may 
not exercise authority under section 204 of the Fed-
eral Land Policy and Management Act of 1976 (43 
U.S.C. 1714) to make, modify, or extend any with-
drawal, nor amend or otherwise modify any Federal 
resource management plan applicable to Federal land 
in the State, in a manner inconsistent with the State 
management plan for a period, to be specified by the 
Governor in the notification, of at least five years be-
ginning on the date of the notification. 
(2) RETROACTIVE EFFECT.—In the case of any 
State that provides notification under paragraph (1), 
if any withdrawal was made, modified, or extended 
or if any amendment or modification of a Federal re-
source management plan applicable to Federal lands 
in the State was issued during the three-year period 
preceding the date of the notification and the with-
drawal, amendment, or modification altered manage-
ment of the Greater Sage Grouse or its habitat, imple-
mentation and operation of the withdrawal, amend-
ment, or modification shall be stayed to the extent 
that the withdrawal, amendment, or modification is 
inconsistent with the State management plan. The 
Federal resource management plan, as in effect imme-
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diately before the amendment or modification, shall 
apply instead with respect to management of the 
Greater Sage Grouse and its habitat, to the extent 
consistent with the State management plan. 
(3) DETERMINATION
OF
INCONSISTENCY.—Any 
disagreement regarding whether a withdrawal, or an 
amendment or other modification of a Federal re-
source management plan, is inconsistent with a State 
management plan shall be resolved by the Governor of 
the affected State. 
(e) RELATION TO NATIONAL ENVIRONMENTAL POLICY 
ACT OF 1969.—With regard to any major Federal action 
consistent with a State management plan, any findings, 
analyses, or conclusions regarding the Greater Sage Grouse 
or its habitat under section 102(2)(C) of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall 
not have a preclusive effect on the approval or implementa-
tion of the major Federal action in that State. 
(f) REPORTING REQUIREMENT.—Not later than one 
year after the date of the enactment of this Act and annu-
ally thereafter through 2026, the Secretary of the Interior 
and the Secretary of Agriculture shall jointly submit to the 
Committee on Energy and Natural Resources of the Senate 
and the Committee on Natural Resources of the House of 
Representatives a report on the Secretaries’ implementation 
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and effectiveness of systems to monitor the status of Greater 
Sage Grouse on Federal lands under their jurisdiction. 
(g) JUDICIAL REVIEW.—Notwithstanding any other 
provision of statute or regulation, the requirements and im-
plementation of this section, including determinations 
made under subsection (d)(3), are not subject to judicial 
review. 
SEC. 2865. IMPLEMENTATION OF LESSER PRAIRIE-CHICKEN 
RANGE-WIDE 
CONSERVATION 
PLAN 
AND 
OTHER CONSERVATION MEASURES. 
(a) DEFINITIONS.—In this section: 
(1) CANDIDATE CONSERVATION AGREEMENTS.— 
The terms ‘‘Candidate Conservation Agreement’’ and 
‘‘Candidate and Conservation Agreement With Assur-
ances’’ have the meaning given those terms in— 
(A) the announcement of the Department of 
the Interior and the Department of Commerce 
entitled ‘‘Announcement of Final Policy for Can-
didate Conservation Agreements with Assur-
ances’’ (64 Fed. Reg. 32726 (June 17, 1999)); 
and 
(B) sections 17.22(d) and 17.32(d) of title 
50, Code of Federal Regulations (as in effect on 
the date of enactment of this Act). 
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(2) RANGE-WIDE PLAN.—The term ‘‘Range-Wide 
Plan’’ means the Lesser Prairie-Chicken Range-Wide 
Conservation Plan of the Western Association of Fish 
and Wildlife Agencies, as endorsed by the United 
States Fish and Wildlife Service on October 23, 2013, 
and published for comment on January 29, 2014 (79 
Fed. Reg. 4652). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(b) PROHIBITION ON TREATMENT AS THREATENED OR 
ENDANGERED SPECIES.— 
(1) IN
GENERAL.—Notwithstanding any prior 
action by the Secretary, the lesser prairie-chicken 
shall not be treated as a threatened species or endan-
gered species under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) before December 31, 
2022. 
(2) PROHIBITION ON PROPOSAL.—Effective be-
ginning on January 1, 2023, the lesser prairie-chick-
en may not be treated as a threatened species or en-
dangered species under the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.) unless the Secretary 
publishes a determination, based on the totality of the 
scientific evidence, that conservation (as that term is 
used in that Act) under the Range-Wide Plan and the 
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agreements, programs, and efforts referred to in sub-
section (c) have not achieved the conservation goals 
established by the Range-Wide Plan. 
(c) MONITORING
OF PROGRESS
OF CONSERVATION 
PROGRAMS.—The Secretary shall monitor and annually 
submit to Congress a report on progress in conservation of 
the lesser prairie-chicken under the Range-Wide Plan and 
all related— 
(1) Candidate Conservation Agreements and 
Candidate and Conservation Agreements With Assur-
ances; 
(2) other Federal conservation programs admin-
istered by the United States Fish and Wildlife Serv-
ice, the Bureau of Land Management, and the De-
partment of Agriculture; 
(3) State conservation programs; and 
(4) private conservation efforts. 
SEC. 2866. REMOVAL OF ENDANGERED SPECIES STATUS 
FOR AMERICAN BURYING BEETLE. 
Notwithstanding the final rule of the United States 
Fish and Wildlife Service entitled ‘‘Endangered and 
Threatened Wildlife and Plants; Determination of Endan-
gered Status for the American Burying Beetle’’ (54 Fed. 
Reg. 29652 (July 13, 1989)), the American burying beetle 
shall not be listed as a threatened species or endangered spe-
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cies under the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.). 
TITLE XXIX—OVERSEAS CONTIN-
GENCY 
OPERATIONS 
MILI-
TARY CONSTRUCTION 
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND 
ACQUISITION PROJECTS. 
The Secretary of the Navy may acquire real property 
and carry out the military construction projects for the in-
stallations outside the United States, and in the amounts, 
set forth in the following table: 
Navy: Outside the United States 
Country 
Installation 
Amount 
Djibouti ...........................
Camp Lemonier ..............................................
$37,409,000 
Iceland ............................
Keflavik ...........................................................
$19,600,000 
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND 
LAND ACQUISITION PROJECTS. 
The Secretary of the Air Force may acquire real prop-
erty and carry out the military construction projects for 
the installations outside the United States, and in the 
amounts, set forth in the following table: 
Air Force: Outside the United States 
Country 
Installation 
Amount 
Bulgaria .........................
Graf Ignatievo .................................................
$13,400,000 
Djibouti ...........................
Chabelley Airfield ...........................................
$10,500,000 
Estonia ...........................
Amari Air Base ..............................................
$6,500,000 
Germany .........................
Spangdahlem Air Base ..................................
$18,700,000 
Lithuania .......................
Siauliai ...........................................................
$3,000,000 
Poland .............................
Powidz Air Base .............................................
$4,100,000 
Lask Air Base .................................................
$4,100,000 
Romania .........................
Campia Turzii ................................................
$18,500,000 
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SEC. 2903. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal years beginning after September 30, 2016, for the mili-
tary construction projects outside the United States author-
ized by this title as specified in the funding table in section 
4602 and 4603. 
TITLE 
XXX—UTAH 
TEST 
AND 
TRAINING RANGE ENCROACH-
MENT PREVENTION AND TEM-
PORARY CLOSURE AUTHORI-
TIES 
SEC. 3001. FINDINGS AND DEFINITIONS. 
(a) FINDINGS.—Congress finds that— 
(1) the testing and development of military 
weapons systems and the training of military forces 
are critical to ensuring the national security of the 
United States; 
(2) the Utah Test and Training Range is a 
unique and irreplaceable national asset at the core of 
the test and training mission of the Department of 
Defense; 
(3) continued access to the special use airspace 
and land that comprise the Utah Test and Training 
Range, under the terms and conditions described in 
this title is a national security priority; 
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(4) multiple use of, sustained yield activities on, 
and access to the BLM land are vital to the customs, 
culture, economy, ranching, grazing, and transpor-
tation interests of the counties in which the BLM 
land is situated; and 
(5) the limited use by the military of the BLM 
land and airspace above the BLM land is vital to im-
proving and maintaining the readiness of the Armed 
Forces. 
(b) DEFINITIONS.—In this title: 
(1) BLM LAND.—The term ‘‘BLM land’’ means 
the Bureau of Land Management land in the State 
comprising approximately 625,643 acres, as generally 
depicted on the map entitled ‘‘Utah Test and Train-
ing Range Enhancement/West Desert Land Ex-
change’’ and dated February 12, 2016. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(3) STATE.—The term ‘‘State’’ means the State 
of Utah. 
(4) UTAH TEST AND TRAINING RANGE.— 
(A) IN
GENERAL.—The term ‘‘Utah Test 
and Training Range’’ means the portions of the 
military land and airspace operating area of the 
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Utah Test and Training Area that are located in 
the State. 
(B) INCLUSION.—The term ‘‘Utah Test and 
Training Range’’ includes the Dugway Proving 
Ground. 
Subtitle A—Utah Test and Training 
Range 
SEC. 3011. MANAGEMENT OF BLM LAND. 
(a) MEMORANDUM OF AGREEMENT.— 
(1) DRAFT.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of enactment of this Act, the Sec-
retary and the Secretary of the Air Force shall 
complete a draft of the memorandum of agree-
ment required under paragraph (2). 
(B) PUBLIC COMMENT PERIOD.—During the 
30-day period beginning on the date on which 
the draft memorandum of agreement is com-
pleted under subparagraph (A), there shall be an 
opportunity for public comment on the draft 
memorandum of agreement, including an oppor-
tunity for the Utah Test and Training Range 
Community Resource Group established under 
section 3013(a) to provide comments on the draft 
memorandum of agreement. 
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(2) REQUIREMENT; DEADLINE.— 
(A) IN GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary and the Secretary of the Air Force shall 
enter into a memorandum of agreement that pro-
vides for the continued management of the BLM 
land by the Secretary, in a manner that provides 
for the limited use of the BLM land by the Sec-
retary of the Air Force, consistent with this title. 
(B) SIGNATURES REQUIRED.—The terms of 
the memorandum of agreement, including a tem-
porary closure of the BLM land under the memo-
randum of agreement, may not be carried out 
until the date on which all parties to the memo-
randum of agreement have signed the memo-
randum of agreement. 
(3) MANAGEMENT BY SECRETARY.—The memo-
randum of agreement under paragraph (2) shall pro-
vide that the Secretary (acting through the Director 
of the Bureau of Land Management) shall continue to 
manage the BLM land— 
(A) as land described in section 6901(1)(B) 
of title 31, United States Code; 
(B) for multiple use and sustained yield 
goals and activities as required under sections 
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102(a)(7) and 202(c)(1) of the Federal Land Pol-
icy and Management Act of 1976 (43 U.S.C. 
1701(a)(7), 1712(c)(1)) and defined in section 
103 of that Act (43 U.S.C. 1702), including all 
principal or major uses on Federal land recog-
nized pursuant to the definition of the term in 
section 103 of that Act (43 U.S.C. 1702); 
(C) in accordance with section 202 of the 
Federal Land Policy and Management Act of 
1976 (43 U.S.C. 1712); and 
(D) subject to use by the Secretary of the 
Air Force provided under section 3012 for— 
(i) the preservation of the Utah Test 
and Training Range against current and 
future encroachments that the Secretary of 
the Air Force finds to be incompatible with 
current and future test and training re-
quirements; 
(ii) the testing of— 
(I) advanced weapon systems, in-
cluding current weapons systems, 5th 
generation weapon systems, and future 
weapon systems; and 
(II) the standoff distance for 
weapons; 
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(iii) the testing and evaluation of 
hypersonic weapons; 
(iv) increased public safety for civil-
ians accessing the BLM land; and 
(v) other purposes relating to meeting 
national security needs. 
(b) MAP.—The Secretary may correct any minor er-
rors in the map. 
(c) LAND USE PLANS.—Any land use plan in existence 
on the date of enactment of this Act that applies to the BLM 
land shall continue to apply to the BLM land. 
(d) MAINTAIN CURRENT USES.— 
(1) IN
GENERAL.—Notwithstanding subsection 
(a)(3)(D), the memorandum of agreement entered into 
under subsection (a) and the land use plans described 
in subsection (c) shall not diminish any major or 
principle use that is recognized pursuant to section 
103(l) of the Federal Land Policy and Management 
Act of 1976 (43 U.S.C. 1702(l)), except to the extent 
authorized in subsection (a). 
(2) ACTIONS
BY
SECRETARY
OF
THE
AIR 
FORCE.—The Secretary of the Air Force shall— 
(A) if corrective action is necessary due to 
an action of the Air Force, as determined by the 
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Secretary of the Air Force, render the BLM land 
safe for public use; and 
(B) appropriately communicate the safety 
of the land to the Secretary once the BLM land 
is rendered safe for public use. 
(e) GRAZING.— 
(1) NEW GRAZING LEASES AND PERMITS.— 
(A) IN GENERAL.—The Secretary shall issue 
and administer any new grazing lease or permit 
on the BLM land, in accordance with applicable 
law (including regulations) and other authorities 
applicable to livestock grazing on Bureau of 
Land Management land. 
(B) NON-FEDERAL LAND LEVELS.—The Sec-
retary (acting through the Director of the Bu-
reau of Land Management) shall continue to 
issue and administer livestock grazing leases and 
permits on the non-Federal land described in sec-
tion 3022(3), subject to the requirements de-
scribed in subparagraphs (A) through (C) of 
paragraph (2). 
(2) EXISTING GRAZING LEASES AND PERMITS.— 
Any livestock grazing lease or permit applicable to 
the BLM land that is in existence on the date of en-
actment of this Act shall continue in effect— 
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(A) at the number of permitted animal unit 
months authorized under current applicable land 
use plans; 
(B) if range conditions permit, at levels 
greater than the level of active use; and 
(C) subject to such reasonable increases and 
decreases of active use of animal unit months 
and other reasonable regulations, policies, and 
practices as the Secretary may consider appro-
priate based on rangeland conditions. 
(f) MEMORANDUM
OF UNDERSTANDING
ON EMER-
GENCY ACCESS AND RESPONSE.—Nothing in this section 
precludes the continuation of the memorandum of under-
standing that is between the Department of the Interior and 
the Department of the Air Force with respect to emergency 
access and response, as in existence as of the date of enact-
ment of this Act. 
(g) WITHDRAWAL.—Subject to valid existing rights, 
the BLM land is withdrawn from all forms of appropria-
tion under the public land laws, including the mining laws, 
the mineral leasing laws, and the geothermal leasing laws. 
(h) LIMITATION ON FUTURE RIGHTS-OF-WAY OR USE 
PERMITS.—The Secretary may not issue any new use per-
mits or rights-of-way on the BLM land for any purposes 
that the Secretary of the Air Force determines to be incom-
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patible with current or projected military requirements, 
with consideration given to the rangeland improvements 
under section 3015(h). 
(i) GRAZING AND RANCHING.—Efforts described in 
this title to facilitate grazing and ranching on the BLM 
land and the non-Federal land described in section 3022(3) 
shall be considered to be compatible with mission require-
ments of the Utah Test and Training Range. 
SEC. 3012. TEMPORARY CLOSURES. 
(a) IN GENERAL.—If the Secretary of the Air Force 
determines that military operations (including operations 
relating to the fulfillment of the mission of the Utah Test 
and Training Range), public safety, or national security 
require the temporary closure to public use of any road, 
trail, or other portion of the BLM land, the Secretary of 
the Air Force may take such action as the Secretary of the 
Air Force determines necessary to carry out the temporary 
closure. 
(b) LIMITATIONS.—Any temporary closure under sub-
section (a)— 
(1) shall be limited to the minimum areas and 
periods during which the Secretary of the Air Force 
determines are required to carry out a closure under 
this section; 
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(2) shall not occur on a State or Federal holi-
day, unless notice is provided in accordance with sub-
section (c)(1)(B); 
(3) shall not occur on a Friday, Saturday, or 
Sunday, unless notice is provided in accordance with 
subsection (c)(1)(B); and 
(4)(A) if practicable, shall be for not longer than 
a 3-hour period per day; 
(B) shall only be for longer than a 3-hour period 
per day— 
(i) for mission essential reasons; and 
(ii) as infrequently as practicable and in no 
case for more than 10 days per year; and 
(C) shall in no case be for longer than a 6-hour 
period per day. 
(c) NOTICE.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary of the Air Force shall— 
(A) keep appropriate warning notices post-
ed before and during any temporary closure; and 
(B) provide notice to the Secretary, public, 
and relevant stakeholders concerning the tem-
porary closure— 
(i) at least 30 days before the date on 
which the temporary closure goes into effect; 
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(ii) in the case of a closure during the 
period beginning on March 1 and ending on 
May 31, at least 60 days before the date on 
which the closure goes into effect; or 
(iii) in the case of a closure described 
in paragraph (3) or (4) of subsection (b), at 
least 90 days before the date on which the 
closure goes into effect. 
(2) SPECIAL
NOTIFICATION
PROCEDURES.—In 
each case for which a mission-unique security require-
ment does not allow for the notifications described in 
paragraph (1)(B), the Secretary of the Air Force shall 
work with the Secretary to achieve a mutually agree-
able timeline for notification. 
(d) MAXIMUM ANNUAL CLOSURES.—The total cumu-
lative hours of temporary closures authorized under this sec-
tion with respect to the BLM land shall not exceed 100 
hours annually. 
(e) PROHIBITION
ON
CERTAIN
TEMPORARY
CLO-
SURES.—The northernmost area identified as ‘‘Newfound-
land’s’’ on the map shall not be subject to any temporary 
closure between August 21 and February 28, in accordance 
with the lawful hunting methods and seasons of the State 
of Utah. 
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(f) EMERGENCY GROUND RESPONSE.—A temporary 
closure of a portion of the BLM land shall not affect the 
conduct of emergency response activities on the BLM land 
during the temporary closure. 
(g) LAW ENFORCEMENT AND SECURITY.—The Sec-
retary and the Secretary of the Air Force may enter into 
cooperative agreements with State and local law enforce-
ment officials with respect to lawful procedures and proto-
cols to be used in promoting public safety and operation 
security on or near the BLM land during noticed test and 
training periods. 
(h) LIVESTOCK.—Livestock shall be allowed to remain 
on the BLM land during a temporary closure of the BLM 
land under this section. 
SEC. 3013. COMMUNITY RESOURCE GROUP. 
(a) ESTABLISHMENT.—Not later than 60 days after 
the date of enactment of this Act, there shall be established 
the Utah Test and Training Range Community Resource 
Group (referred to in this section as the ‘‘Community 
Group’’) to provide regular and continuing input to the 
Secretary and the Secretary of the Air Force on matters 
involving public access to, use of, and overall management 
of the BLM land. 
(b) MEMBERSHIP.— 
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(1) IN GENERAL.—The Secretary (acting through 
the State Bureau of Land Management Office) shall 
appoint members to the Community Group, includ-
ing— 
(A) operational and land management per-
sonnel of the Air Force; 
(B) 1 Indian representative, to be nomi-
nated by a majority vote conducted among the 
Indian tribes in the vicinity of the BLM land; 
(C) not more than 2 county commissioners 
from each of Box Elder, Tooele, and Juab Coun-
ties, Utah; 
(D) 2 representatives of off-road and high-
way use, hunting, and other recreational groups; 
(E) 2 representatives of livestock grazers on 
any public land located within the BLM land; 
(F) 1 representative of the Utah Depart-
ment of Agriculture and Food; and 
(G) not more than 3 representatives of State 
or Federal offices or agencies, or private groups, 
if the Secretary determines that such representa-
tives would further the goals and objectives of the 
Community Group. 
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(2) CHAIRPERSON.—The members described in 
paragraph (1) shall elect from among the members of 
the Community Group— 
(A) 1 member to serve as Chairperson of the 
Community Group; and 
(B) 1 member to serve as Vice-Chairperson 
of the Community Group. 
(c) CONDITIONS AND TERMS OF APPOINTMENT.— 
(1) IN GENERAL.—Each member of the Commu-
nity Group shall serve voluntarily and without remu-
neration. 
(2) TERM OF APPOINTMENT.— 
(A) IN
GENERAL.—Each member of the 
Community Group shall be appointed for a term 
of 4 years. 
(B) ORIGINAL MEMBERS.—Notwithstanding 
subparagraph (A), the Chairperson shall select 
1⁄2 of the original members of the Community 
Group to serve for a term of 4 years and the 1⁄2 
to serve for a term of 2 years to ensure the re-
placement of members shall be staggered from 
year to year. 
(C) REAPPOINTMENT AND REPLACEMENT.— 
The Secretary may reappoint or replace a mem-
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ber of the Community Group appointed under 
subsection (b)(1), if— 
(i) the term of the member has expired; 
(ii) the member has retired; or 
(iii) the position held by the member 
described in subparagraphs (A) through (G) 
of paragraph (1) has changed to the extent 
that the ability of the member to represent 
the group or entity that the member rep-
resents has been significantly affected. 
(d) MEETINGS.— 
(1) IN GENERAL.—The Community Group shall 
meet not less than once per year, and at such other 
frequencies as determined by five or more of the mem-
bers of the Community Group. 
(2) RESPONSIBILITIES OF COMMUNITY GROUP.— 
The Community Group shall be responsible for deter-
mining appropriate schedules for, details of, and ac-
tions for meetings of the Community Group. 
(3) NOTICE.—The Chairperson shall provide no-
tice to each member of the Community Group not less 
than 10 business days before the date of a scheduled 
meeting. 
(4) EXEMPT
FROM
FEDERAL
ADVISORY
COM-
MITTEE ACT.—The Federal Advisory Committee Act 
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(5 U.S.C. App.) shall not apply to meetings of the 
Community Group. 
(e) COORDINATION WITH RECOMMENDATIONS OF COM-
MUNITY GROUP.—The Secretary and the Secretary of the 
Air Force, consistent with existing laws (including regula-
tions), shall take under consideration recommendations 
from the Community Group. 
(f) TERMINATION OF AUTHORITY.—The Community 
Group shall terminate on the date that is seven years after 
the date of enactment of this Act, unless the Secretary and 
the Community Group mutually elect to terminate the Com-
munity Group before that date. 
(g) RENEWAL.—The Community Group may elect, by 
simple majority, to renew the term of the Community 
Group for an additional seven years, with the option to 
renew the term every seven years thereafter. Each renewal 
must occur upon or within 90 days before termination of 
the Community Group. 
SEC. 3014. LIABILITY. 
The United States (including all departments, agen-
cies, officers, and employees of the United States) shall be 
held harmless and shall not be liable for any injury or dam-
age to any individual or property suffered in the course 
of any mining, mineral, or geothermal activity, or any 
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other authorized nondefense-related activity, conducted on 
the BLM land. 
SEC. 3015. EFFECTS OF SUBTITLE. 
(a) EFFECT ON WEAPON IMPACT AREA.—Nothing in 
this subtitle expands the boundaries of the weapon impact 
area of the Utah Test and Training Range. 
(b) EFFECT ON SPECIAL USE AIRSPACE AND TRAINING 
ROUTES.—Nothing in this subtitle precludes— 
(1) the designation of new units of special use 
airspace; or 
(2) the expansion of existing units of special use 
airspace. 
(c) EFFECT
ON
EXISTING
RIGHTS
AND
AGREE-
MENTS.— 
(1) KNOLLS SPECIAL RECREATION MANAGEMENT 
AREA; BLM COMMUNITY PITS CENTRAL GRAYBACK AND 
SOUTH
GRAYBACK.—Except as provided in section 
3012, nothing in this subtitle limits or alters any ex-
isting right or right of access to— 
(A) the Knolls Special Recreation Manage-
ment Area; or 
(B)(i) the Bureau of Land Management 
Community Pits Central Grayback and South 
Grayback; and 
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(ii) any other county or community pit lo-
cated within close proximity to the BLM land. 
(2) NATIONAL HISTORIC TRAILS AND OTHER HIS-
TORICAL LANDMARKS.—Except as provided in section 
3012, nothing in this subtitle limits or alters any ex-
isting right or right of access to a component of the 
National Trails System or other Federal or State his-
toric landmarks within the BLM land, including the 
California National Historic Trail, the Pony Express 
National Historic Trail, or the GAPA Launch Site 
and Blockhouse. 
(3) CLOSURE OF INTERSTATE 80.—Nothing in 
this subtitle authorizes any additional authority or 
right to the Secretary or the Secretary of the Air 
Force to temporarily close Interstate 80. 
(4) EFFECT ON LIMITATION ON AMENDMENTS TO 
CERTAIN
INDIVIDUAL
RESOURCE
MANAGEMENT 
PLANS.—Nothing in this subtitle affects the limitation 
established under section 2815(d) of the National De-
fense Authorization Act for Fiscal Year 2000 (Public 
Law 106–65; 113 Stat. 852). 
(5) EFFECT
ON
MEMORANDUM
OF
UNDER-
STANDING.—Nothing in this subtitle affects the memo-
randum of understanding entered into by the Air 
Force, the Bureau of Land Management, the Utah De-
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partment of Natural Resources, and the Utah Divi-
sion of Wildlife Resources relating to the reestablish-
ment of bighorn sheep in the Newfoundland Moun-
tains and signed by the parties to the memorandum 
of understanding during the period beginning on 
January 24, 2000, and ending on February 4, 2000. 
(6) EFFECT ON EXISTING MILITARY SPECIAL USE 
AIRSPACE AGREEMENT.—Nothing in this subtitle lim-
its or alters the Military Operating Areas of Airspace 
Use Agreement between the Federal Aviation Admin-
istration and the Air Force in effect on the date of 
enactment of this Act. 
(d) EFFECT ON WATER RIGHTS.— 
(1) NO RESERVATION CREATED.—Nothing in this 
subtitle— 
(A) establishes any reservation in favor of 
the United States with respect to any water or 
water right on the BLM land; or 
(B) authorizes any appropriation of water 
on the BLM land, except in accordance with ap-
plicable State law. 
(2) PREVIOUSLY
ACQUIRED
AND
RESERVED 
WATER RIGHTS.—Nothing in this subtitle affects— 
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(A) any water right acquired or reserved by 
the United States before the date of enactment of 
this Act; or 
(B) the authority of the Secretary or the 
Secretary of the Air Force, as applicable, to exer-
cise any water right described in subparagraph 
(A). 
(3) NO EFFECT ON MCCARRAN AMENDMENT.— 
Nothing in this subtitle diminishes, enhances, or oth-
erwise affects in any way the rights, duties, and obli-
gations of the United States, the State of Utah, the 
counties in which the BLM land is situated, and the 
residents and stakeholders in those counties under sec-
tion 208 of the Act of July 10, 1952 (commonly 
known as the ‘‘McCarran Amendment’’) (43 U.S.C. 
666). 
(e) EFFECT
ON FEDERALLY RECOGNIZED INDIAN 
TRIBES.— 
(1) IN GENERAL.—Nothing in this subtitle alters 
any right reserved by treaty or Federal law for a fed-
erally recognized Indian tribe for tribal use. 
(2) CONSULTATION.—The Secretary of the Air 
Force shall consult with any federally recognized In-
dian tribe in the vicinity of the BLM land before tak-
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ing any action that will affect any tribal right or cul-
tural resource protected by treaty or Federal law. 
(f) EFFECT ON PAYMENTS IN LIEU OF TAXES.— 
(1) ELIGIBILITY OF BLM LAND AND NON-FED-
ERAL LAND.—The BLM land and the non-Federal 
land described in section 3022(3) shall remain eligible 
as entitlement land under section 6901 of title 31, 
United States Code. 
(2) NO PREJUDICE TO COUNTY PAYMENT IN LIEU 
OF TAXES RIGHTS.—Nothing in this subtitle dimin-
ishes, enhances, or otherwise affects any other right or 
entitlement of the counties in which the BLM land is 
situated to payments in lieu of taxes based on the 
BLM land, under section 6901 of title 31, United 
States Code. 
(g) WILDLIFE GUZZLERS.— 
(1) IN GENERAL.—The Bureau of Land Manage-
ment and the Utah Division of Wildlife Resources 
shall continue the management of wildlife guzzlers in 
existence as of the date of enactment of this Act on 
the BLM land. 
(2) NEW GUZZLERS.—Nothing in this subtitle 
prevents the Bureau of Land Management and the 
Utah Division of Wildlife Resources from entering 
into agreements for new wildlife guzzlers. 
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(3) ACQUIRED GUZZLERS.—The Secretary shall 
continue to manage existing wildlife guzzlers or wild-
life improvements on the non-Federal land conveyed 
to the Secretary under section 3023(a) that were in 
existence on the day before the date of the conveyance. 
(h) RANGELAND IMPROVEMENTS.—The Secretary shall 
continue to manage, in a manner that promotes and facili-
tates grazing— 
(1) rangeland improvements on the BLM land 
that are in existence on the date of enactment of this 
Act; and 
(2) rangeland improvements on the non-Federal 
land conveyed to the Secretary under section 3023(a) 
that were in existence on the day before the date of 
the conveyance. 
(i) NEW RANGELAND IMPROVEMENTS.—Nothing in 
this subtitle prevents the Bureau of Land Management, the 
Utah Department of Agriculture or other State entity, or 
a Federal land permittee from entering into agreements for 
new rangeland improvements that promote and facilitate 
grazing. 
(j) SCHOOL AND INSTITUTIONAL TRUST LANDS AD-
MINISTRATION.—The Bureau of Land Management shall 
maintain rangeland grazing improvements in existence as 
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of the date of enactment of this Act on acquired land of 
the School and Institutional Trust Lands Administration. 
Subtitle B—Land Exchange 
SEC. 3021. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that— 
(1) the State owns approximately 68,057 acres of 
land and approximately 10,280 acres of mineral in-
terests located within the Utah Test and Training 
Range in Box Elder, Tooele, and Juab Counties, 
Utah; 
(2) the State owns approximately 2,353 acres of 
land and approximately 3,560 acres of mineral inter-
ests located wholly or partially within the Cedar 
Mountains Wilderness in Tooele County, Utah; 
(3) the parcels of State land described in para-
graphs (1) and (2)— 
(A) were granted by Congress to the State 
pursuant to the Act of July 16, 1894 (28 Stat. 
107, chapter 138), to be held in trust for the ben-
efit of the public school system and other public 
institutions of the State; and 
(B) are largely scattered in checkerboard 
fashion among Federal land; 
(4) continued State ownership and development 
of State trust land within the Utah Test and Train-
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ing Range and the Cedar Mountains Wilderness is in-
compatible with— 
(A) the critical national defense uses of the 
Utah Test and Training Range; and 
(B) the Federal management of the Cedar 
Mountains Wilderness; and 
(5) it is in the public interest of the United 
States to acquire in a timely manner all State trust 
land within the Utah Test and Training Range and 
the Cedar Mountains Wilderness, in exchange for the 
conveyance of the Federal land to the State, in ac-
cordance with the terms and conditions described in 
this subtitle. 
(b) PURPOSE.—It is the purpose of this subtitle to di-
rect, facilitate, and expedite the exchange of certain Federal 
land and non-Federal land between the United States and 
the State. 
SEC. 3022. DEFINITIONS. 
In this subtitle: 
(1) EXCHANGE
MAP.—The term ‘‘Exchange 
Map’’ means the map prepared by the Bureau of 
Land Management entitled ‘‘Utah Test and Training 
Range Enhancement/West Desert Land Exchange’’ 
and dated February 12, 2016. 
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(2) FEDERAL LAND.—The term ‘‘Federal land’’ 
means the Bureau of Land Management land located 
in Box Elder, Millard, Juab, Tooele, and Beaver 
Counties, Utah, that is identified on the Exchange 
Map as ‘‘BLM Lands Proposed for Transfer to State 
Trust Lands’’. 
(3) NON-FEDERAL LAND.—The term ‘‘non-Fed-
eral land’’ means the land owned by the State in Box 
Elder, Tooele, and Juab Counties, Utah, that is iden-
tified on the Exchange Map as— 
(A) ‘‘State Trust Land Proposed for Trans-
fer to BLM’’; and 
(B) ‘‘State Trust Minerals Proposed for 
Transfer to BLM’’. 
(4) STATE.—The term ‘‘State’’ means the State 
of Utah, acting through the School and Institutional 
Trust Lands Administration. 
SEC. 3023. EXCHANGE OF FEDERAL LAND AND NON-FED-
ERAL LAND. 
(a) IN GENERAL.—If the State offers to convey to the 
United States title to the non-Federal land, the Secretary 
shall— 
(1) accept the offer; and 
(2) on receipt of all right, title, and interest in 
and to the non-Federal land, convey to the State (or 
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a designee) all right, title, and interest of the United 
States in and to the Federal land. 
(b) VALID EXISTING RIGHTS.—The exchange author-
ized under subsection (a) shall be subject to valid existing 
rights. 
(c) TITLE APPROVAL.—Title to the Federal land and 
non-Federal land to be exchanged under this section shall 
be in a format acceptable to the Secretary and the State. 
(d) APPRAISALS.— 
(1) IN GENERAL.—The value of the Federal land 
and the non-Federal land to be exchanged under this 
section shall be determined by appraisals conducted 
by one or more independent appraisers retained by 
the State, with the consent of the Secretary. 
(2) APPLICABLE
LAW.—The appraisals under 
paragraph (1) shall be conducted in accordance with 
nationally recognized appraisal standards, including, 
as appropriate, the Uniform Appraisal Standards for 
Federal Land Acquisitions. 
(3) MINERAL LAND.— 
(A) MINERAL
REPORTS.—The appraisals 
under paragraph (1) shall take into account 
mineral and technical reports provided by the 
Secretary and the State in the evaluation of 
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mineral deposits in the Federal land and non- 
Federal land. 
(B) MINING CLAIMS.—An appraisal of any 
parcel of Federal land that is encumbered by a 
mining or millsite claim located under sections 
2318 through 2352 of the Revised Statutes (com-
monly known as the ‘‘Mining Law of 1872’’) (30 
U.S.C. 21 et seq.) shall take into account the en-
cumbrance created by the claim for purposes of 
determining the value of the parcel of the Federal 
land. 
(C) VALIDITY
EXAMINATION.—Nothing in 
this subtitle requires the United States to con-
duct a mineral examination for any mining 
claim on the Federal land. 
(4) APPROVAL.—The appraisals conducted under 
paragraph (1) shall be submitted to the Secretary and 
the State for approval. 
(5) DISPUTE RESOLUTION.—If, by the date that 
is 90 days after the date of submission of an ap-
praisal for review and approval under this subsection, 
the Secretary or the State do not agree to accept the 
findings of the appraisals with respect to one or more 
parcels of Federal land or non-Federal land, the dis-
pute shall be resolved in accordance with section 
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206(d)(2) of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1716(d)(2)). 
(6) DURATION.—The appraisals conducted under 
paragraph (1) shall remain valid until the date of the 
completion of the exchange authorized under this sub-
title. 
(7) REIMBURSEMENT
OF
STATE
COSTS.—The 
Secretary shall reimburse the State in an amount 
equal to 50 percent of the costs incurred by the State 
in retaining independent appraisers under paragraph 
(1). 
(e) CONVEYANCE OF TITLE.—The land exchange au-
thorized under this subtitle shall be completed by the later 
of— 
(1) the date that is 1 year after the date of final 
approval by the Secretary and the State of the ap-
praisals conducted under subsection (d); and 
(2) the date that is 1 year after the date of com-
pletion of the dispute resolution process authorized 
under subsection (d)(5). 
(f) PUBLIC INSPECTION AND NOTICE.— 
(1) PUBLIC INSPECTION.—At least 30 days before 
the date of conveyance of the Federal land and non- 
Federal land, all final appraisals and appraisal re-
views for land to be exchanged under this section shall 
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be available for public review at the office of the State 
Director of the Bureau of Land Management in the 
State of Utah. 
(2) NOTICE.—The Secretary or the State, as ap-
plicable, shall publish in a newspaper of general cir-
culation in Salt Lake County, Utah, a notice that the 
appraisals conducted under subsection (d) are avail-
able for public inspection. 
(g) EQUAL VALUE EXCHANGE.— 
(1) IN GENERAL.—The value of the Federal land 
and non-Federal land to be exchanged under this sec-
tion— 
(A) shall be equal; or 
(B) shall be made equal in accordance with 
paragraph (2). 
(2) EQUALIZATION.— 
(A) SURPLUS OF FEDERAL LAND.— 
(i) IN GENERAL.—If the value of the 
Federal land exceeds the value of the non- 
Federal land, the value of the Federal land 
and non-Federal land shall be equalized by 
the State conveying to the United States— 
(I) State trust land parcel 1, as 
described in the assessment entitled 
‘‘Bureau of Land Management Envi-
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ronmental 
Assessment 
UT–100–06– 
EA’’, 
numbered 
UTU–82090, 
and 
dated March 2008; or 
(II) State trust land located with-
in any of the wilderness areas or na-
tional conservation areas in Wash-
ington County, Utah, established under 
subtitle O of title I of the Omnibus 
Public Land Management Act of 2009 
(Public Law 111–11; 123 Stat. 1075) 
that has an appraised value equal to 
the difference between— 
(aa) the value of the Federal 
land; and 
(bb) the value of the non-Fed-
eral land. 
(ii) ORDER
OF
CONVEYANCES.—Any 
non-Federal land required to be conveyed to 
the United States under clause (i) shall be 
conveyed until the value of the Federal land 
and non-Federal land is equalized, in the 
following order: 
(I) The State trust land parcel de-
scribed in clause (i)(I). 
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(II) State trust land parcels lo-
cated in the Red Cliffs National Con-
servation Area. 
(III) State trust land parcels lo-
cated in the Docs Pass Wilderness. 
(IV) State trust land parcels lo-
cated in the Beaver Dam Wash Na-
tional Conservation Area. 
(B) SURPLUS OF NON-FEDERAL LAND.—If 
the value of the non-Federal land exceeds the 
value of the Federal land, the value of the Fed-
eral land and the non-Federal land shall be 
equalized by the Secretary making a cash equali-
zation payment to the State, in accordance with 
section 206(b) of the Federal Land Policy Man-
agement (43 U.S.C. 1716(b)). 
(h) WITHDRAWAL OF FEDERAL LAND FROM MINERAL 
ENTRY PRIOR TO EXCHANGE.—Subject to valid existing 
rights, the Federal land to be conveyed to the State under 
this section is withdrawn from mineral location, entry, and 
patent under the mining laws pending conveyance of the 
Federal land to the State. 
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SEC. 3024. STATUS AND MANAGEMENT OF NON-FEDERAL 
LAND AFTER EXCHANGE. 
(a) NON-FEDERAL LAND WITHIN UTAH TEST AND 
TRAINING RANGE.—On conveyance to the United States 
under this subtitle, the non-Federal land located within the 
Utah Test and Training Range shall be managed in accord-
ance with the memorandum of agreement entered into 
under section 3011(a). 
(b) NON-FEDERAL LAND WITHIN CEDAR MOUNTAINS 
WILDERNESS.—On conveyance to the United States under 
this subtitle, the non-Federal land located within the Cedar 
Mountains Wilderness shall, in accordance with section 
206(c) of the Federal Land Policy Act of 1976 (43 U.S.C. 
1716(c)), be added to, and administered as part of, the 
Cedar Mountains Wilderness. 
SEC. 3025. HAZARDOUS MATERIALS. 
(a) COSTS.—Except as provided in subsection (b), the 
costs of remedial actions relating to hazardous materials 
on land acquired under this subtitle shall be paid by those 
entities responsible for the costs under applicable law. 
(b) REMEDIATION OF PRIOR TESTING AND TRAINING 
ACTIVITY.—The Department of Defense shall bear all costs 
of evaluation, management, and remediation caused by the 
previous testing of military weapons systems and the train-
ing of military forces on non-Federal land to be conveyed 
to the United States under this subtitle. 
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Subtitle C—Highway Rights-of-way 
SEC. 3031. RECOGNITION AND TRANSFER OF CERTAIN 
HIGHWAY RIGHTS-OF-WAY. 
(a) DEFINITIONS.—In this section: 
(1) HIGHWAY RIGHT-OF-WAY.—The term ‘‘high-
way right-of-way’’ means a right-of-way across Fed-
eral land for all county roads in the Counties of Box 
Elder, Tooele, and Juab, in the State of Utah, accord-
ing to official transportation map and centerline de-
scriptions of each county in existence as of March 1, 
2015. 
(2) MAP.—The term ‘‘official transportation 
map and centerline description’’ means— 
(A) the map entitled ‘‘Official Transpor-
tation Map of Box Elder County, Utah’’ and 
dated March 1, 2015, and accompanying center-
line description of each road on file with the 
Clerk of Box Elder County as of March 1, 2015; 
(B) the map entitled ‘‘Official Transpor-
tation Map of Tooele County’’ and dated March 
1, 2015, and accompanying centerline descrip-
tion of each road on file with the Clerk of Tooele 
County as of March 1, 2015; and 
(C) the map entitled ‘‘Official Transpor-
tation Map of Juab County’’ and dated March 
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1, 2015, and accompanying centerline descrip-
tion of each road on file with the Clerk of Juab 
County as of March 1, 2015. 
(3) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means— 
(A) the Secretary of Agriculture, with re-
spect to land administered by the Chief of the 
Forest Service; or 
(B) the Secretary of the Interior, with re-
spect to land administered by the Director of the 
Bureau of Land Management. 
(b) RECOGNITION OF EXISTENCE AND VALIDITY OF 
RIGHTS-OF-WAY.—Congress recognizes the existence and 
validity of each of the highway rights-of-way identified on 
the official transportation maps and centerline descrip-
tions. 
(c) CONVEYANCE OF AN EASEMENT ACROSS FEDERAL 
LAND.— 
(1) BOX ELDER COUNTY, UTAH.—The Secretary 
shall convey, without consideration, to Box Elder 
County, Utah, and the State of Utah as joint tenants 
with undivided interests, easements for motorized 
travel rights-of-way across Federal land for all high-
ways shown and described in the official transpor-
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tation map and centerline description of the county 
described in subsection (a)(2)(A). 
(2) JUAB COUNTY, UTAH.—The Secretary shall 
convey, without consideration, to Juab County, Utah, 
and the State of Utah as joint tenants with undivided 
interests, easements for motorized travel rights-of-way 
across Federal land for all highways shown and de-
scribed in the official transportation map and center-
line description of the county described in subsection 
(a)(2)(B). 
(3) TOOELE
COUNTY, 
UTAH.—The Secretary 
shall convey, without consideration, to Tooele County, 
Utah, and the State of Utah as joint tenants with un-
divided interests, easements for motorized travel 
rights-of-way across Federal land for all highways 
shown and described in the official transportation 
map and centerline description of the county de-
scribed in subsection (a)(2)(C). 
(d) DESCRIPTION OF FEDERAL LAND SUBJECT TO 
EASEMENT.— 
(1) IN
GENERAL.—All easements under sub-
section (c) shall include— 
(A) the current disturbed width of each sub-
ject highway as shown and described in the offi-
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cial transportation maps and centerline descrip-
tions; and 
(B) any additional acreage on either side of 
the disturbed width that the respective county 
transportation department determines is nec-
essary for the efficient maintenance, repair, sign-
age, administration, and use of the Federal land 
subject to the easement. 
(2) DESCRIPTION.— 
(A) IN GENERAL.—The exact acreage and 
legal description of the Federal land subject to 
the easements conveyed under subsection (c) shall 
be— 
(i) as described in the centerline de-
scriptions; 
(ii) as referenced in the official trans-
portation maps; and 
(iii) as described and referenced ac-
cording to the disturbed width of each high-
way as of the date of conveyance for travel 
purposes, plus any reasonable additional 
width as may be necessary for surface 
maintenance, repairs, and turnaround pur-
poses. 
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(B) SURVEY
NOT
REQUIRED.—Notwith-
standing any other provision of law, the convey-
ance of easements under subsection (c) shall be 
effective without a survey of the exact acreage 
and local description of the Federal land subject 
to the easements. 
(e) RETENTION OF MAPS AND CENTERLINE DESCRIP-
TIONS.—The maps and centerline descriptions referred to 
in clauses (i) and (ii) of subsection (d)(2)(A) shall be on 
file in the appropriate office of the Secretary. 
(f) EXCLUSION OF CERTAIN CLASS D ROADS FROM 
ROAD
EASEMENT
CONVEYANCES.—Notwithstanding the 
highway rights-of-way identified on the official transpor-
tation maps and centerline descriptions, this section does 
not apply to any class D road located within the boundaries 
of— 
(1) Cedar Mountain Wilderness Area designated 
by section 384(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2006 (Public Law 109–163; 
119 Stat. 3217; 16 U.S.C. 1132 note); or 
(2) any wilderness study area within Box Elder 
County, Tooele County, or Juab County, Utah, des-
ignated in law or by administrative action. 
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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 Department of 
Energy for fiscal year 2017 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 17–D–630, Expand Electrical Distribu-
tion System, Lawrence Livermore National Labora-
tory, Livermore, California, $25,000,000. 
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Project 17–D–640, U1a Complex Enhancements 
Project, Nevada National Security Site, Mercury, Ne-
vada, $11,500,000. 
Project 17–D–911, BL Fire System Upgrade, 
Bettis Atomic Power Laboratory, West Mifflin, Penn-
sylvania, $1,400,000. 
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated to the Department of 
Energy for fiscal year 2017 for defense environmental 
cleanup activities 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, for defense environmental cleanup activities, 
the following new plant project: 
Project 17–D–401, Saltstone Disposal Unit #7, 
Savannah River 
Site, 
Aiken, 
South 
Carolina, 
$9,729,000. 
SEC. 3103. OTHER DEFENSE ACTIVITIES. 
Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2017 for other defense 
activities in carrying out programs as specified in the fund-
ing table in section 4701. 
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SEC. 3104. NUCLEAR ENERGY. 
Funds are hereby authorized to be appropriated to the 
Department of Energy for fiscal year 2017 for nuclear en-
ergy as specified in the funding table in section 4701. 
Subtitle 
B—Program 
Authoriza-
tions, Restrictions, and Limita-
tions 
SEC. 3111. INDEPENDENT ACQUISITION PROJECT REVIEWS 
OF CAPITAL ASSETS ACQUISITION PROJECTS. 
(a) IN GENERAL.—The Atomic Energy Defense Act (50 
U.S.C. 2501 et seq.) is amended by inserting after section 
4732 the following new section: 
‘‘SEC. 4733. INDEPENDENT ACQUISITION PROJECT REVIEWS 
OF CAPITAL ASSETS ACQUISITION PROJECTS. 
‘‘(a) REVIEWS.—The appropriate head shall ensure 
that an independent entity conducts reviews of each capital 
assets acquisition project as the project moves toward the 
approval of each of critical decision 0, critical decision 1, 
and critical decision 2 in the acquisition process. 
‘‘(b) PRE-CRITICAL DECISION 1 REVIEWS.—In addi-
tion to any other matters, with respect to each review of 
a capital assets acquisition project under subsection (a) 
that has not reached critical decision 1 approval in the ac-
quisition process, such review shall include— 
‘‘(1) a review using best practices of the analysis 
of alternatives for the project; and 
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‘‘(2) identification of any deficiencies in such 
analysis of alternatives for the appropriate head to 
address. 
‘‘(c) INDEPENDENT ENTITIES.—The appropriate head 
shall ensure that each review of a capital assets acquisition 
project under subsection (a) is conducted by an independent 
entity with the appropriate expertise with respect to the 
project and the stage in the acquisition process of the 
project. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘acquisition process’ means the ac-
quisition process for a project, as defined in Depart-
ment of Energy Order 413.3B (relating to project 
management and project management for the acquisi-
tion of capital assets), or a successor order. 
‘‘(2) The term ‘appropriate head’ means— 
‘‘(A) the Administrator, with respect to cap-
ital assets acquisition projects of the Administra-
tion; and 
‘‘(B) the Assistant Secretary of Energy for 
Environmental Management, with respect to 
capital assets acquisition projects of the Office of 
Environmental Management. 
‘‘(3) The term ‘capital assets acquisition project’ 
means a project that— 
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‘‘(A) the total project cost of which is more 
than $500,000,000; and 
‘‘(B) is covered by Department of Energy 
Order 413.3, or a successor order, for the acquisi-
tion of capital assets for atomic energy defense 
activities.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for 
such Act is amended by inserting after the item relating 
to section 4732 the following new item: 
‘‘Sec. 4733. Independent acquisition project reviews of capital assets acquisition 
projects.’’. 
SEC. 3112. RESEARCH AND DEVELOPMENT OF ADVANCED 
NAVAL NUCLEAR FUEL SYSTEM BASED ON 
LOW-ENRICHED URANIUM. 
(a) PROHIBITION.—Except as provided in subsection 
(b), none of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2017 for the 
Department of Energy may be obligated or expended to 
plan or carry out research and development of an advanced 
naval nuclear fuel system based on low-enriched uranium. 
(b) EXCEPTION.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2017 for defense nuclear nonproliferation, as specified 
in the funding table in division D, not more than 
$5,000,000 shall be made available to the Deputy Adminis-
trator for Naval Reactors for initial planning and early 
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research and development of an advanced naval nuclear fuel 
system based on low-enriched uranium. 
(c) BUDGET MATTERS.—Section 3118 of the National 
Defense Authorization Act for Fiscal Year 2016 (Public 
Law 114–92; 129 Stat. 1196) is amended— 
(1) by striking paragraph (2) of subsection (c) 
and inserting the following new paragraph: 
‘‘(2) BUDGET REQUESTS.—If the Secretaries de-
termine under paragraph (1) that research and devel-
opment of an advanced naval nuclear fuel system 
based on low-enriched uranium should continue, the 
Secretaries shall ensure that each budget of the Presi-
dent submitted to Congress under section 1105(a) of 
title 31, United States Code, for fiscal year 2018 and 
each fiscal year thereafter in which such research and 
development is carried out includes in the budget line 
item for the ‘Defense Nuclear Nonproliferation’ ac-
count amounts necessary to carry out the conceptual 
plan under subsection (b).’’; and 
(2) in subsection (d), by striking ‘‘for material 
management and minimization’’. 
SEC. 3113. DISPOSITION OF WEAPONS-USABLE PLUTONIUM. 
(a) IN GENERAL.—Except as provided by subsection 
(c), using funds described in subsection (b), the Secretary 
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of Energy shall carry out construction and project support 
activities relating to the MOX facility. 
(b) FUNDS DESCRIBED.—The funds described in this 
subsection are the following: 
(1) Funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2017 
for the National Nuclear Security Administration for 
the MOX facility for construction and project support 
activities. 
(2) Funds authorized to be appropriated for a 
fiscal year prior to fiscal year 2017 for the National 
Nuclear Security Administration for the MOX facility 
for construction and project support activities that 
are unobligated as of the date of the enactment of this 
Act. 
(c) WAIVER.—The Secretary may waive the require-
ment in subsection (a) to carry out construction and project 
support activities relating to the MOX facility if— 
(1) the Secretary submits to the congressional de-
fense committees— 
(A) an updated performance baseline for 
construction and project support activities relat-
ing to the MOX facility as required by section 
3119(b) of the National Defense Authorization 
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Act for Fiscal Year 2016 (Public Law 114–92; 
129 Stat. 1197); 
(B) notification that the Secretary has 
sought to enter into consultations with any rel-
evant State or government of a foreign country 
necessary to pursue an alternative option for 
carrying out the plutonium disposition program, 
including a comprehensive description of the sta-
tus of such consultations and a detailed plan 
and schedule for concluding such consultations; 
(C) the commitment of the Secretary to re-
move plutonium from South Carolina and en-
sure a sustainable future for the Savannah River 
Site; and 
(D) either— 
(i) notification that the prime con-
tractor of the MOX facility has not sub-
mitted a proposal, during the three-month 
period following the date on which the Sec-
retary requests such a proposal, for a fixed- 
price contract for completing construction 
and project support activities for the MOX 
facility; or 
(ii) certification that such proposal is 
materially deficient or non-responsive, or 
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that an alternative option for carrying out 
the plutonium disposition program exists 
and the total lifecycle cost of such alter-
native option would be less than approxi-
mately half of the estimated remaining total 
lifecycle cost of the mixed-oxide fuel pro-
gram; and 
(2) a period of 15 days has elapsed following the 
date of such submission. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘MOX facility’’ means the mixed- 
oxide fuel fabrication facility at the Savannah River 
Site, Aiken, South Carolina. 
(2) The term ‘‘project support activities’’ means 
activities that support the design, long-lead equip-
ment procurement, and site preparation of the MOX 
facility. 
SEC. 3114. DESIGN BASIS THREAT. 
(a) UPDATE TO ORDER.—Not later than August 31, 
2016, the Secretary of Energy shall update Department of 
Energy Order 470.3B relating to the design basis threat for 
protecting nuclear weapons, special nuclear material, and 
other critical assets in the custody of the Department of En-
ergy. 
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(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the intelligence community (as defined in 
section 3(4) of the National Security Act of 1947 (50 
U.S.C. 3003(4)) should promulgate regular, biannual 
updates to the Nuclear Security Threat Capabilities 
Assessment to better inform nuclear security postures 
within the Department of Defense and the Depart-
ment of Energy; 
(2) the Department of Defense and the Depart-
ment of Energy should closely, and in real-time, track 
and assess national, regional, and local threats to the 
defense nuclear facilities of the respective Depart-
ments; and 
(3) the Department of Defense and the Depart-
ment of Energy should regularly review assessments 
and other input provided by activities described in 
paragraphs (1) and (2) and adjust security postures 
accordingly. 
SEC. 3115. PROHIBITION ON AVAILABILITY OF FUNDS FOR 
PROVISION OF CERTAIN ASSISTANCE TO RUS-
SIAN FEDERATION. 
(a) PROHIBITION.— 
(1) IN GENERAL.—None of the funds described in 
paragraph (2) may be obligated or expended to enter 
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into a contract with, or otherwise provide assistance 
to, the Russian Federation. 
(2) FUNDS DESCRIBED.—The funds described in 
this paragraph are the following: 
(A) Funds authorized to be appropriated by 
this Act or otherwise made available for fiscal 
year 2017 for atomic energy defense activities. 
(B) Funds authorized to be appropriated or 
otherwise made available for a fiscal year prior 
to fiscal year 2017 for atomic energy defense ac-
tivities that are unobligated as of the date of the 
enactment of this Act. 
(b) WAIVER.—The Secretary of Energy, without dele-
gation, may waive the prohibition in subsection (a)(1) 
only— 
(1) to meet requirements the Secretary deter-
mines to be new and emergency in nature; and 
(2) if— 
(A) the Secretary submits to the appro-
priate congressional committees a report con-
taining— 
(i) a notification that such a waiver is 
in the national security interest of the 
United States; 
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(ii) justification for such a waiver, in-
cluding an explanation of how meets the re-
quirements under paragraph (1); and 
(iii) a certification that there is no 
backlog of deferred maintenance with re-
spect to physical security equipment and re-
lated infrastructure at each Department of 
Energy defense nuclear facility; and 
(B) a period of 15 days elapses following 
the date on which the Secretary submits such re-
port. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Foreign Relations of 
the Senate and the Committee on Foreign Affairs 
of the House of Representatives. 
(2) The term ‘‘Department of Energy defense nu-
clear facility’’ has the meaning given that term in 
section 318 of the Atomic Energy Act of 1954 (42 
U.S.C. 2286g). 
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SEC. 3116. LIMITATION ON AVAILABILITY OF FUNDS FOR 
FEDERAL SALARIES AND EXPENSES. 
Of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2017 for the Na-
tional Nuclear Security Administration for defense-related 
Federal salaries and expenses, not more than 90 percent 
may be obligated or expended until the date on which the 
Secretary of Energy submits to the congressional defense 
committees and the congressional intelligence committees 
the following: 
(1) The updated plan on the designing and 
building of prototypes of nuclear weapons that is re-
quired to be developed by not later than the same time 
as the budget of the President for fiscal year 2018 
pursuant to paragraphs (2) and (3)(B) of section 
4509(a) of the Atomic Energy Defense Act (50 U.S.C. 
2660(a)(2)). 
(2) A description of the determination of the Sec-
retary under paragraph (4)(B) of such section with 
respect to the manner in which the designing and 
building of prototypes of nuclear weapons is carried 
out under such updated plan. 
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SEC. 3117. LIMITATION ON AVAILABILITY OF FUNDS FOR 
DEFENSE ENVIRONMENTAL CLEANUP PRO-
GRAM DIRECTION. 
Of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2017 for defense 
environmental cleanup for program direction, not more 
than 90 percent may be obligated or expended until the date 
on which the Secretary of Energy submits to Congress the 
future-years defense environmental cleanup plan required 
to be submitted during 2017 under section 4402A of the 
Atomic Energy Defense Act (50 U.S.C. 2582A). 
SEC. 3118. LIMITATION ON AVAILABILITY OF FUNDS FOR 
ACCELERATION OF NUCLEAR WEAPONS DIS-
MANTLEMENT. 
(a) LIMITATION
ON MAXIMUM AMOUNT
FOR DIS-
MANTLEMENT.—Of the funds authorized to be appropriated 
by this Act or otherwise made available for any of fiscal 
years 2017 through 2021 for the National Nuclear Security 
Administration, not more than $56,000,000 may be obli-
gated or expended in each such fiscal year to carry out the 
nuclear weapons dismantlement and disposition activities 
of the Administration. 
(b) LIMITATION ON ACCELERATION OF DISMANTLE-
MENT ACTIVITIES.—Except as provided by subsection (d), 
none of the funds authorized to be appropriated by this Act 
or otherwise made available for any of fiscal years 2017 
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through 2021 for the National Nuclear Security Adminis-
tration may be obligated or expended to accelerate the nu-
clear weapons dismantlement activities of the Administra-
tion to a rate that exceeds the rate described in the Stockpile 
Stewardship and Management Plan schedule. 
(c) LIMITATION
ON DISMANTLEMENT
OF CERTAIN 
CRUISE MISSILE WARHEADS.—Except as provided by sub-
section (d), none of the funds authorized to be appropriated 
by this Act or otherwise made available for any of fiscal 
years 2017 through 2021 for the National Nuclear Security 
Administration may be obligated or expended to dismantle 
or dispose a W84 nuclear weapon. 
(d) EXCEPTION.—The limitations in subsection (b) 
and (c) shall not apply to the following: 
(1) The dismantlement of a nuclear weapon not 
covered by the Stockpile Stewardship and Manage-
ment Plan schedule if the Administrator for Nuclear 
Security certifies, in writing, to the congressional de-
fense committees that— 
(A) the components of the nuclear weapon 
are directly required for the purposes of a cur-
rent life extension program; or 
(B) such dismantlement is necessary to con-
duct maintenance or surveillance of the nuclear 
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weapons stockpile or to ensure the safety or reli-
ability of the nuclear weapons stockpile. 
(2) The dismantlement of a nuclear weapon if 
the President certifies, in writing, to the congressional 
defense committees that— 
(A) such dismantlement is being carried out 
pursuant to a nuclear arms reduction treaty or 
similar international agreement that requires 
such dismantlement; and 
(B) such treaty or similar international 
agreement— 
(i) has entered into force after the date 
of the enactment of this Act; and 
(ii) was approved— 
(I) with the advice and consent of 
the Senate pursuant to Article II, sec-
tion 2, clause 2 of the Constitution 
after the date of the enactment of this 
Act; or 
(II) by an Act of Congress, as de-
scribed in section 303(b) of the Arms 
Control and Disarmament Act (22 
U.S.C. 2573(b)). 
(e) STOCKPILE
STEWARDSHIP
AND
MANAGEMENT 
PLAN SCHEDULE DEFINED.—In this section, the term 
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‘‘Stockpile Stewardship and Management Plan schedule’’ 
means the schedule described in table 2–7 of the annex of 
the report titled ‘‘Fiscal Year 2016 Stockpile Stewardship 
and Management Plan’’ submitted in March 2015 by the 
Administrator for Nuclear Security to the congressional de-
fense committees under section 4203(b)(2) of the Atomic En-
ergy Defense Act (50 U.S.C. 2523(b)(2)). 
SEC. 3119. ANNUAL CERTIFICATION OF SHIPMENTS TO 
WASTE ISOLATION PILOT PLANT. 
(a) ANNUAL CERTIFICATION.—During the five-year 
period beginning on the date of the enactment of this Act, 
not later than February 1 of each year, the Secretary of 
Energy shall certify to the congressional defense committees 
the following, with respect to the year covered by the certifi-
cation: 
(1) The covered contractors have certified to the 
Administrator for Nuclear Security that the covered 
contractors are aware of the contents of each con-
tainer shipped by the covered contractors to the Waste 
Isolation Pilot Plant, Carlsbad, New Mexico, in suffi-
cient detail to ensure that the container is handled 
properly to prevent the release of radiation or con-
tamination. 
(2) The Administrator is aware of the contents 
of each container shipped by the Administrator or 
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covered contractors to the Waste Isolation Pilot Plant, 
Carlsbad, New Mexico, in such sufficient detail. 
(3) The Assistant Secretary of Energy for Envi-
ronmental Management is aware of the contents of 
each container shipped from a clean-up site to the 
Waste Isolation Pilot Plant in such sufficient detail. 
(b) COVERED CONTRACTORS DEFINED.—In this sec-
tion, the term ‘‘covered contractors’’ means each manage-
ment and operating contractor of a national security lab-
oratory or nuclear weapons production facility (as such 
terms are defined in section 4002 of the Atomic Energy De-
fense Act (50 U.S.C. 2501) that ships materials to the Waste 
Isolation Pilot Plant, Carlsbad, New Mexico. 
Subtitle C—Plans and Reports 
SEC. 3121. CLARIFICATION OF ANNUAL REPORT AND CER-
TIFICATION ON STATUS OF SECURITY OF 
ATOMIC ENERGY DEFENSE FACILITIES. 
Section 4506(b)(1)(B) of the Atomic Energy Defense 
Act (50 U.S.C. 2657) is amended to read as follows: 
‘‘(B) written certification that such facilities are 
secure and that the security measures at such facili-
ties meet the security standards and requirements of 
the Department of Energy.’’. 
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SEC. 3122. ANNUAL REPORT ON SERVICE SUPPORT CON-
TRACTS OF THE NATIONAL NUCLEAR SECU-
RITY ADMINISTRATION. 
Section 3241A(f) of the National Nuclear Security Ad-
ministration Act (50 U.S.C. 2441a(f)) is amended by add-
ing at the end the following new paragraph: 
‘‘(5) With respect to each contract identified 
under paragraph (2)— 
‘‘(A) the cost of the contract; and 
‘‘(B) identification of the program or pro-
gram direction accounts that support the con-
tract.’’. 
SEC. 3123. REPEAL OF CERTAIN REPORTING REQUIRE-
MENTS. 
(a) REPORTS ON PLAN TO PROTECT AGAINST INAD-
VERTENT RELEASE OF RESTRICTED DATA AND FORMERLY 
RESTRICTED DATA.—Section 4522 of the Atomic Energy 
Defense Act (50 U.S.C. 2672) is amended— 
(1) by striking subsection (e); and 
(2) by redesignating subsection (f) as subsection 
(e). 
(b) GAO REPORT ON PROGRAM ON SCIENTIFIC EN-
GAGEMENT FOR NONPROLIFERATION.—Section 3122 of the 
National Defense Authorization Act for Fiscal Year 2013 
(Public Law 112–239; 50 U.S.C. 2571 note), as amended 
by section 3125 of the National Defense Authorization Act 
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for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 1063), 
is further amended— 
(1) in subsection (b)(1), by striking ‘‘, and to the 
Comptroller General of the United States,’’; 
(2) by striking subsection (e); and 
(3) by redesignating subsections (f) and (g) as 
subsections (e) and (f), respectively. 
SEC. 3124. INDEPENDENT ASSESSMENT OF TECHNOLOGY 
DEVELOPMENT UNDER DEFENSE ENVIRON-
MENTAL CLEANUP PROGRAM. 
(a) ASSESSMENT.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Energy 
shall seek to enter into an agreement with the National 
Academy of Sciences to conduct an independent assessment 
of the technology development efforts of the defense environ-
mental cleanup program of the Department of Energy. 
(b) ELEMENTS.—The assessment under subsection (a) 
shall include the following: 
(1) A review of the technology development efforts 
of the defense environmental cleanup program of the 
Department of Energy, including an assessment of the 
process by which the Secretary identifies and chooses 
technologies to pursue under the program. 
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(2) A comprehensive review and assessment of 
technologies or alternative approaches to defense envi-
ronmental cleanup efforts that could— 
(A) reduce the long-term costs of such ef-
forts; 
(B) accelerate schedules for carrying out 
such efforts; 
(C) mitigate uncertainties, vulnerabilities, 
or risks relating to such efforts; or 
(D) otherwise significantly improve the de-
fense environmental cleanup program. 
(c) SUBMISSION.—Not later than September 30, 2017, 
the National Academy of Sciences shall submit to the con-
gressional defense committees and the Secretary a report on 
the assessment under subsection (a). 
SEC. 3125. UPDATED PLAN FOR VERIFICATION AND MONI-
TORING OF PROLIFERATION OF NUCLEAR 
WEAPONS AND FISSILE MATERIAL. 
(a) UPDATED PLAN.— 
(1) TRANSMISSION.—Not later than 90 days 
after the date of the enactment of this Act, the Presi-
dent shall transmit to the appropriate congressional 
committees a comprehensive and detailed update to 
the plan developed under section 3133(a) of the Carl 
Levin and Howard P. ‘‘Buck’’ McKeon National De-
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fense Authorization Act for Fiscal Year 2015 (Public 
Law 113–291; 128 Stat. 3896) with respect to 
verification and monitoring relating to the potential 
proliferation of nuclear weapons, components of such 
weapons, and fissile material. 
(2) FORM.—The updated plan under paragraph 
(1) shall be transmitted in unclassified form, but may 
include a classified annex. 
(b) LIMITATION.—Of the funds authorized to be appro-
priated by this Act or otherwise made available for fiscal 
year 2017 for the Department of Defense for supporting the 
Executive Office of the President, $10,000,000 may not be 
obligated or expended until the date on which the President 
transmits to the appropriate congressional committees the 
updated plan under subsection (a)(1). 
(c) BRIEFING.—Not later than 30 days after the date 
of the enactment of this Act, the President shall provide to 
the Committees on Armed Services of the House of Rep-
resentatives and the Senate (and any other appropriate 
congressional committee upon request) an interim briefing 
on the updated plan under subsection (a)(1). 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The congressional defense committees. 
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(2) The Permanent Select Committee on Intel-
ligence of the House of Representatives and the Select 
Committee on Intelligence of the Senate. 
(3) The Committee on Foreign Affairs of the 
House of Representatives and the Committee on For-
eign Relations of the Senate. 
(4) The Committee on Homeland Security of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate. 
(5) The Committee on Energy and Commerce of 
the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate. 
TITLE 
XXXII—DEFENSE 
NU-
CLEAR 
FACILITIES 
SAFETY 
BOARD 
SEC. 3201. AUTHORIZATION. 
There are authorized to be appropriated for fiscal year 
2017, $31,000,000 for the operation of the Defense Nuclear 
Facilities Safety Board under chapter 21 of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2286 et seq.). 
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TITLE XXXIII—NUCLEAR ENERGY 
INNOVATION CAPABILITIES 
SEC. 3301. SHORT TITLE. 
This title may be cited as the ‘‘Nuclear Energy Innova-
tion Capabilities Act’’. 
SEC. 3302. NUCLEAR ENERGY. 
Section 951 of the Energy Policy Act of 2005 (42 
U.S.C. 16271) is amended to read as follows: 
‘‘SEC. 951. NUCLEAR ENERGY. 
‘‘(a) MISSION.—The Secretary shall conduct programs 
of civilian nuclear research, development, demonstration, 
and commercial application, including activities in this 
subtitle. Such programs shall take into consideration the 
following objectives: 
‘‘(1) Providing research infrastructure to pro-
mote scientific progress and enable users from aca-
demia, the National Laboratories, and the private sec-
tor to make scientific discoveries relevant for nuclear, 
chemical, and materials science engineering. 
‘‘(2) Maintaining National Laboratory and uni-
versity nuclear energy research and development pro-
grams, including their infrastructure. 
‘‘(3) Providing the technical means to reduce the 
likelihood of nuclear weapons proliferation and in-
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creasing confidence margins for public safety of nu-
clear energy systems. 
‘‘(4) Reducing the environmental impact of nu-
clear energy related activities. 
‘‘(5) Supporting technology transfer from the 
National Laboratories to the private sector. 
‘‘(6) Enabling the private sector to partner with 
the National Laboratories to demonstrate novel reac-
tor concepts for the purpose of resolving technical un-
certainty associated with the aforementioned objec-
tives in this subsection. 
‘‘(b) DEFINITIONS.—In this subtitle: 
‘‘(1) ADVANCED
FISSION
REACTOR.—The term 
‘advanced fission reactor’ means a nuclear fission re-
actor with significant improvements over the most re-
cent generation of nuclear reactors, which may in-
clude inherent safety features, lower waste yields, 
greater fuel utilization, superior reliability, resistance 
to proliferation, and increased thermal efficiency. 
‘‘(2) FAST NEUTRON.—The term ‘fast neutron’ 
means a neutron with kinetic energy above 100 
kiloelectron volts. 
‘‘(3) NATIONAL
LABORATORY.—The term ‘Na-
tional Laboratory’ has the meaning given that term 
in paragraph (3) of section 2, except that with respect 
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to subparagraphs (G), (H), and (N) of such para-
graph, for purposes of this subtitle the term includes 
only the civilian activities thereof. 
‘‘(4) NEUTRON FLUX.—The term ‘neutron flux’ 
means the intensity of neutron radiation measured as 
a rate of flow of neutrons applied over an area. 
‘‘(5) NEUTRON
SOURCE.—The term ‘neutron 
source’ means a research machine that provides neu-
tron irradiation services for research on materials 
sciences and nuclear physics as well as testing of ad-
vanced materials, nuclear fuels, and other related 
components for reactor systems.’’. 
SEC. 3303. NUCLEAR ENERGY RESEARCH PROGRAMS. 
Section 952 of the Energy Policy Act of 2005 (42 
U.S.C. 16272) is amended— 
(1) by striking subsection (c); and 
(2) by redesignating subsections (d) and (e) as 
subsections (c) and (d), respectively. 
SEC. 3304. ADVANCED FUEL CYCLE INITIATIVE. 
Section 953(a) of the Energy Policy Act of 2005 (42 
U.S.C. 16273(a)) is amended by striking ‘‘, acting through 
the Director of the Office of Nuclear Energy, Science and 
Technology,’’. 
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SEC. 3305. UNIVERSITY NUCLEAR SCIENCE AND ENGINEER-
ING SUPPORT. 
Section 954(d)(4) of the Energy Policy Act of 2005 (42 
U.S.C. 16274(d)(4)) is amended by striking ‘‘as part of a 
taking into consideration effort that emphasizes’’ and in-
serting ‘‘that emphasize’’. 
SEC. 3306. DEPARTMENT OF ENERGY CIVILIAN NUCLEAR IN-
FRASTRUCTURE AND FACILITIES. 
Section 955 of the Energy Policy Act of 2005 (42 
U.S.C. 16275) is amended— 
(1) by striking subsections (c) and (d); and 
(2) by adding at the end the following: 
‘‘(c) VERSATILE NEUTRON SOURCE.— 
‘‘(1) MISSION NEED.—Not later than December 
31, 2016, the Secretary shall determine the mission 
need for a versatile reactor-based fast neutron source, 
which shall operate as a national user facility. Dur-
ing this process, the Secretary shall consult with the 
private sector, universities, National Laboratories, 
and relevant Federal agencies to ensure that this user 
facility will meet the research needs of the largest pos-
sible majority of prospective users. 
‘‘(2) ESTABLISHMENT.—Upon the determination 
of mission need made under paragraph (1), the Sec-
retary shall, as expeditiously as possible, provide to 
the Committee on Science, Space, and Technology of 
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the House of Representatives and the Committee on 
Energy and Natural Resources of the Senate a de-
tailed plan for the establishment of the user facility. 
‘‘(3) FACILITY REQUIREMENTS.— 
‘‘(A) CAPABILITIES.—The Secretary shall 
ensure that this user facility will provide, at a 
minimum, the following capabilities: 
‘‘(i) Fast neutron spectrum irradiation 
capability. 
‘‘(ii) Capacity for upgrades to accom-
modate new or expanded research needs. 
‘‘(B) CONSIDERATIONS.—In carrying out 
the plan provided under paragraph (2), the Sec-
retary shall consider the following: 
‘‘(i) Capabilities that support experi-
mental high-temperature testing. 
‘‘(ii) Providing a source of fast neu-
trons at a neutron flux, higher than that at 
which current research facilities operate, 
sufficient to enable research for an optimal 
base of prospective users. 
‘‘(iii) Maximizing irradiation flexi-
bility and irradiation volume to accommo-
date as many concurrent users as possible. 
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‘‘(iv) Capabilities for irradiation with 
neutrons of a lower energy spectrum. 
‘‘(v) Multiple loops for fuels and mate-
rials testing in different coolants. 
‘‘(vi) Additional pre-irradiation and 
post-irradiation examination capabilities. 
‘‘(vii) Lifetime operating costs and 
lifecycle costs. 
‘‘(4) REPORTING
PROGRESS.—The Department 
shall, in its annual budget requests, provide an expla-
nation for any delay in its progress and otherwise 
make every effort to complete construction and ap-
prove the start of operations for this facility by De-
cember 31, 2025. 
‘‘(5) COORDINATION.—The Secretary shall lever-
age the best practices for management, construction, 
and operation of national user facilities from the Of-
fice of Science.’’. 
SEC. 3307. SECURITY OF NUCLEAR FACILITIES. 
Section 956 of the Energy Policy Act of 2005 (42 
U.S.C. 16276) is amended by striking ‘‘, acting through the 
Director of the Office of Nuclear Energy, Science and Tech-
nology,’’. 
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‘‘(I) a shipyard located in the United 
States that is an eligible owner specified 
under section 12103(b); or 
‘‘(II) an affiliate of such a shipyard; 
or 
‘‘(ii) such drydock is— 
‘‘(I) 
notwithstanding 
subsection 
(a)(1)(B), owned by the State in which the 
shipyard is located or a political subdivi-
sion of that State; and 
‘‘(II) operated by a shipyard located in 
the United States that is an eligible owner 
specified under section 12103(b). 
‘‘(2) NOTICE TO CONGRESS.—No later than 30 
days after making a determination under paragraph 
(1), the Secretary of the Navy shall notify the Com-
mittee on Armed Services and the Committee on 
Transportation and Infrastructure of House of Rep-
resentatives and the Committee on Armed Services 
and the Committee on Commerce, Science, and Trans-
portation of the Senate of such a determinations.’’. 
TITLE XXXVI—BALLAST WATER 
SEC. 3601. SHORT TITLE. 
This title may be cited as the ‘‘Vessel Incidental Dis-
charge Act’’. 
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nology can be certified under section 3605 
to comply with the revised ballast water 
performance standard under paragraph (1), 
the Secretary shall require the use of the 
treatment technology that achieves the per-
formance levels of the best treatment tech-
nology available. 
(ii) IMPLEMENTATION
DEADLINE.—If 
the Secretary, in consultation with the Ad-
ministrator, determines that the treatment 
technology under clause (i) cannot be imple-
mented before the implementation deadline 
under paragraph (3) with respect to a class 
of vessels, the Secretary shall extend the im-
plementation deadline for that class of ves-
sels for not more than 36 months. 
(iii) COMPLIANCE.—If the implementa-
tion deadline under paragraph (3) is ex-
tended, the Secretary shall recommend ac-
tion to ensure compliance with the extended 
implementation deadline under clause (ii). 
(D) 
HIGHER
REVISED
PERFORMANCE 
STANDARD.— 
(i) IN GENERAL.—If the Secretary, in 
consultation with the Administrator, deter-
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mines that ballast water treatment tech-
nology exists that exceeds the revised ballast 
water performance standard under para-
graph (1) with respect to a class of vessels, 
the Secretary shall revise the ballast water 
performance standard for that class of ves-
sels to incorporate the higher performance 
standard. 
(ii) IMPLEMENTATION
DEADLINE.—If 
the Secretary, in consultation with the Ad-
ministrator, determines that the treatment 
technology under clause (i) can be imple-
mented before the implementation deadline 
under paragraph (3) with respect to a class 
of vessels, the Secretary shall accelerate the 
implementation deadline for that class of 
vessels. If the implementation deadline 
under paragraph (3) is accelerated, the Sec-
retary shall provide not less than 24 months 
notice before the accelerated deadline takes 
effect. 
(3) IMPLEMENTATION
DEADLINE.—The revised 
ballast water performance standard under paragraph 
(1) shall apply to a vessel beginning on the date of 
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Advocate General of the armed force of which the 
military judge is a member; and 
‘‘(B) may perform duties of a judicial or non-
judicial nature other than those relating to the offi-
cer’s primary duty as a military judge of a general 
court-martial when such duties are assigned to the of-
ficer by or with the approval of that Judge Advocate 
General. 
‘‘(4) In accordance with regulations prescribed by the 
President, assignments of military judges under this section 
(article) shall be for appropriate minimum periods, subject 
to such exceptions as may be authorized in the regula-
tions.’’. 
(d) DETAIL TO A DIFFERENT ARMED FORCE.—Such 
section (article) is further amended by adding at the end 
the following new subsection: 
‘‘(f) A military judge may be detailed under subsection 
(a) to a court-martial that is convened in a different armed 
force, when so permitted by the Judge Advocate General of 
the armed force of which the military judge is a member.’’. 
(e) CHIEF TRIAL JUDGES.—Such section (article), as 
amended by subsection (d), is further amended by adding 
at the end the following new subsection: 
‘‘(g) In accordance with regulations prescribed by the 
President, each Judge Advocate General shall designate a 
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chief trial judge from among the members of the applicable 
trial judiciary.’’. 
SEC. 6405. QUALIFICATIONS OF TRIAL COUNSEL AND DE-
FENSE COUNSEL. 
Section 827 of title 10, United States Code (article 27 
of the Uniform Code of Military Justice), is amended— 
(1) in the first sentence of paragraph (2) of sub-
section (a), by striking ‘‘No person’’ and all that fol-
lows through ‘‘trial counsel,’’ the first place it appears 
and inserting the following: ‘‘No person who, with re-
spect to a case, has served as a preliminary hearing 
officer, court member, military judge, military mag-
istrate, or appellate judge, may later serve as trial 
counsel,’’; 
(2) in the first sentence of subsection (b), by 
striking ‘‘Trial counsel or defense counsel’’ and insert-
ing ‘‘Trial counsel, defense counsel, or assistant de-
fense counsel’’; and 
(3) by striking subsection (c) and inserting the 
following new subsections: 
‘‘(c)(1) Defense counsel and assistant defense counsel 
detailed for a special court-martial shall have the qualifica-
tions set forth in subsection (b). 
‘‘(2) Trial counsel and assistant trial counsel detailed 
for a special court-martial and assistant trial counsel de-
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‘‘(B) Under regulations prescribed by the President, a 
preliminary hearing need not be held if the accused submits 
a written waiver to the convening authority and the con-
vening authority determines that a hearing is not required. 
‘‘(2) The issues for determination at a preliminary 
hearing are limited to the following: 
‘‘(A) Whether or not the specification alleges an 
offense under this chapter. 
‘‘(B) Whether or not there is probable cause to 
believe that the accused committed the offense charged. 
‘‘(C) Whether or not the convening authority has 
court-martial jurisdiction over the accused and over 
the offense. 
‘‘(D) A recommendation as to the disposition 
that should be made of the case. 
‘‘(b) HEARING OFFICER.—(1) A preliminary hearing 
under this section shall be conducted by an impartial hear-
ing officer, who— 
‘‘(A) whenever practicable, shall be a judge advo-
cate who is certified under section 827(b)(2) of this 
title (article 27(b)(2)); or 
‘‘(B) in exceptional circumstances, shall be an 
impartial hearing officer, who is not a judge advocate 
so certified. 
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1217 
of the Uniform Code of Military Justice), the following new 
section (article): 
‘‘§ 893a. Art. 93a. Prohibited activities with military 
recruit or trainee by person in position of 
special trust 
‘‘(a) ABUSE OF TRAINING LEADERSHIP POSITION.— 
Any person subject to this chapter— 
‘‘(1) who is an officer, a noncommissioned offi-
cer, or a petty officer; 
‘‘(2) who is in a training leadership position 
with respect to a specially protected junior member of 
the armed forces; and 
‘‘(3) who engages in prohibited sexual activity 
with such specially protected junior member of the 
armed forces; 
shall be punished as a court-martial may direct. 
‘‘(b) ABUSE OF POSITION AS MILITARY RECRUITER.— 
Any person subject to this chapter— 
‘‘(1) who is a military recruiter and engages in 
prohibited sexual activity with an applicant for mili-
tary service; or 
‘‘(2) who is a military recruiter and engages in 
prohibited sexual activity with a specially protected 
junior member of the armed forces who is enlisted 
under a delayed entry program; 
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