Military Lands Withdrawal Act of 1986
PL 99-606 (H.R.1790), enacted 11/06/1986

PUBLIC LAW 99-606—NOV. 6, 1986 
100 STAT. 3457 
Public Law 99-
99th Congress 
606 
An Act 
Nov. 6, 1986 
[H.R. 1790] 
Defense and 
national 
security. 
Minerals and 
mining. 
To withdraw certain public lands for military purposes, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. WITHDRAWALS. 
(a) BRAVO-20 BOMBING RANGE.—(1) Subject to valid existing rights 
and except as otherwise provided in this Act, the lands referred to in 
paragraph (2) of this subsection, and all other areas within the 
boundary of such lands as depicted on the map specified in such 
paragraph which may become subject to the operation of the public 
land laws, are hereby withdrawn from all forms of appropriation 
under the public land laws (including the mining laws and the 
mineral leasing and the geothermal leasing laws). Such lands are 
reserved for use by the Secretary of the Navy for— 
(A) testing and training for aerial bombing, missile firing, and 
tactical maneuvering and air support; and 
(B) subject to the requirements of section 3(f), other defense-
related purposes consistent with the purposes specified in this 
paragraph. 
(2) The lands referred to in paragraph (1) of this subsection are the Nevada. 
public lands comprising approximately 21,576.40 acres in Churchill 
County, Nevada, as generally depicted on the map entitled "Bravo-
20 Bombing Range Withdrawal—Proposed", dated April 1986, and 
filed in accordance with section 2. 
(3) This section does not affect the withdrawals of July 2, 1902, Flood control. 
August 26, 1902, and August 4, 1904, under which the Bureau of 
Reclamation utilizes for flooding, overflow, and seepage purposes 
approximately 14,750 acres of the lands withdrawn and reserved by 
this subsection. 
O
t
)
) NELUS AIR FORCE RANGE.—(1) Subject to valid existing rights 
and except as otherwise provided in this Act, the public lands 
described in paragraph (2) of this subsection are hereby withdrawn 
from all forms of appropriation under the public land laws (includ-
ing the mining laws and the mineral leasing and the geothermal 
leasing laws). Such lands are reserved for use by the Secretary of the 
Air Force— 
(A) as an armament and high-hazard testing area; 
(B) for training for aerial gunnery, rocketry, electronic war-
fare, and tactical maneuvering and air support; and 
(C) subject to the requirements of section 3(f), for other 
defense-related purposes consistent with the purposes specified 
in this paragraph. 
(2) The lands referred to in paragraph (1) of this subsection are the Nevada. 
lands comprising approximately 2,945,000 acres of land in Clark, 
Nye, and Lincoln Counties, Nevada, as generally depicted on the 
map entitled "Nellis Air Force Range Withdrawal—Proposed", 
dated January 1985, and filed in accordance with section 2. 
100 STAT. 3458 
PUBLIC LAW 99-606—NOV. 6, 1986 
Arizona. 
New Mexico. 
Alaska. 
(c) BARRY M. GOLDWATER AIR FORCE RANGE.—(1) Subject to valid 
existing rights and except as otherwise provided in this Act, the 
lands described in paragraph (2) of this subsection are hereby with-
drawn from all forms of appropriation under the public land laws 
(including the mining laws and the mineral leasing and the geo-
thermal leasing laws). Such lands are reserved for use by the 
Secretary of the Air Force for— 
(A) an armament and high-hazard testing area; 
(B) training for aerial gunnery, rocketry, electronic warfare, 
and tactical maneuvering and air support; and 
(C) subject to the requirements of section 3(f), other defense-
related purposes consistent with the purposes specified in this 
paragraph. 
(2) The lands referred to in paragraph (1) of this subsection are the 
lands comprising approximately 2,664,423 acres in Maricopa, Pima, 
and Yuma Counties, Arizona, as generally depicted on the map 
entitled "Luke Air Force Range Withdrawal—Proposed", dated 
January 1985, and filed in accordance with section 2. 
(d) MCGREGOR RANGE.—(1) Subject to valid existing rights and 
except as otherwise provided in this Act, the public lands described 
in paragraph (2) of this subsection are hereby withdrawn from all 
forms of appropriation under the public land laws (including the 
mining laws and the mineral leasing and the geothermal leasing 
laws). Such lands are reserved for use by the Secretary of the 
Army— 
(A) for training and weapons testing; and 
(B) subject to the requirements of section 3(f), for other 
defense-related purposes consistent with the purposes specified 
in this paragraph. 
(2) The lands referred to in paragraph (1) of this subsection are the 
lands comprising approximately 608,384.87 acres in Otero County, 
New Mexico, as generally depicted on the map entitled "McGregor 
Range Withdrawal—Proposed", dated January 1985, and filed in 
accordance with section 2. 
(3) Any of the public lands withdrawn under paragraph (1) of this 
subsection which, as of the date of enactment of this Act, are 
managed pursuant to section 603 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1782) shall continue to be 
managed under that section until Congress determines otherwise. 
(e) FORT GREELY MANEUVER AREA AND FORT GREELY AIR DROP 
ZONE.—(1) Subject to valid existing rights and except as otherwise 
provided in this Act, the lands described in paragraph (2) of this 
subsection are hereby withdrawn from all forms of appropriation 
under the public land laws (including the mining laws and the 
mineral leasing and the geothermal leasing laws), under an Act 
entitled "An Act to provide for the admission of the State of Alaska 
into the Union", approved July 7, 1958 (48 U.S.C. note prec. 21), and 
under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
seq.). Such lands are reserved for use by the Secretary of the Army 
for— 
(A) military maneuvering, training, and equipment develop-
ment and testing; and 
(B) subject to the requirements of section 3(f), other defense-
related purposes consistent with the purposes specified in this 
paragraph. 
(2) The lands referred to in paragraph (1) of this subsection are— 
PUBLIC LAW 99-606—NOV. 6, 1986 
100 STAT. 3459 
(A) the lands comprising approximately 571,995 acres in the 
Big Delta Area, Alaska, as generally depicted on the map 
entitled "Fort Greely Maneuver Area Withdrawal—Proposed", 
dated January 1985, and filed in accordance with section 2; and 
(B) the lands comprising approximately 51,590 acres in the 
Granite Creek Area, Alaska, as generally depicted on the map 
entitled "Fort Greely, Air Drop Zone Withdrawal—Proposed', 
dated January 1985, and filed in accordance with section 2. 
(f) FORT WAINWRIGHT MANEUVER AREA.—(1) Subject to valid exist-
ing rights and except as otherwise provided in this Act, the public 
lands described in paragraph (2) of this subsection are hereby with-
drawn from all forms of appropriation under the public land laws 
(including the mining laws and the mineral leasing and the geo-
thermal leasing laws), under an Act entitled "An Act to provide for 
the admission of the State of Alaska into the Union", approved July 
7,1958 (48 U.S.C. note prec. 21), and under the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.). Such lands are reserved for 
use by the Secretary of the Army for— 
(A) military maneuvering; 
(B) training for artillery firing, aerial gunnery, and infantry 
tactics; and 
(C) subject to the requirements of section 3(f), other defense-
related purposes consistent with the purposes specified in this 
paragraph. 
(2) The lands referred to in paragraph (1) of this subsection are the 
lands comprising approximately 247,951.67 acres of land in the 
Fourth Judicial District, Alaska, as generally depicted on the map 
entitled "Fort Wainwright Maneuver Area Withdrawal—Proposed', 
dated January 1985, and filed in accordance with section 2. 
SEC. 2. MAPS AND LEGAL DESCRIPTIONS. 
(a) PUBLICATION AND FILING REQUIREMENT.—As soon as prac-
ticable after the date of enactment of this Act, the Secretary of the 
Interior shall— 
(1) publish in the Federal Register a notice containing the 
legal description of the lands withdrawn and reserved by this 
Act; and 
(2) file maps and the legal description of the lands withdrawn 
and reserved by this Act with the Committee on Energy and 
Natural Resources of the United States Senate and with the 
Committee on Interior and Insular Affairs of the United States 
House of Representatives. 
(b) TECHNICAL CORRECTIONS.—Such maps and legal descriptions 
shall have the same force and effect as if they were included in this 
Act except that the Secretary of the Interior may correct clerical 
and typographical errors in such maps and legal descriptions. 
(c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies of such maps 
and legal descriptions shall be available for public inspection in the 
offices of the Director and appropriate State Directors of the Bureau 
of Land Management; the office of the commander, Bravo-20 Bomb-
ing Range; the offices of the Director and appropriate Regional 
Directors of the United States Fish and Wildlife Service; the office of 
the commander, Nellis Air Force Base; the office of the commander, 
Barry M. Goldwater Air Force Base; the office of the commander, 
McGregor Range; the office of the installation commander, Fort 
Richardson, Alaska; the office of the commander. Marine Corps Air 
Station, Yuma, Arizona; and the office of the Secretary of Defense. 
Alaska. 
Federal 
Register, 
publication. 
Alaska. 
Arizona. 
100 STAT. 3460 
PUBLIC LAW 99-606—NOV. 6, 1986 
National 
Wildlife Refuge 
System. 
Safety. 
Defense and 
national 
security. 
(d) REIMBURSEMENT.—The Secretary of Defense shall reimburse 
the Secretary of the Interior for the cost of implementing this 
section. 
SEC. 3. MANAGEMENT OF WITHDRAWN LANDS. 
(a) MANAGEMENT BY THE SECRETARY OF THE INTERIOR.—(1) During 
the period of the withdrawal, the Secretary of the Interior shall 
manage the lands withdrawn under section 1 (except those lands 
within a unit of the National Wildlife Refuge System) pursuant to 
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
1701 et seq.) and other applicable law, including the Recreation Use 
of Wildhfe Areas Act of 1962 (16 U.S.C. 460k et seq.), and this Act. 
Lands within the Desert National Wildlife Range and the Cabeza 
Prieta National Wildlife Refuge shall be managed pursuant to the 
National Wildlife Refuge System Administration Act of 1966 (16 
U.S.C. 668dd et seq.) and other applicable law. No provision of this 
Act, except sections 4,11, and 12, shall apply to the management of 
the Desert National Wildlife Range or the Cabeza Prieta National 
Wildlife Refuge. 
(2) To the extent consistent with applicable law and Executive 
orders, the lands withdrawn under section 1 may be managed in a 
manner permitting— 
(A) the continuation of grazing pursuant to applicable law 
and Executive orders where permitted on the date of enactment 
of this Act; 
(B) protection of wildlife and wildlife habitat; 
(C) control of predatory and other animals; 
(D) recreation; and 
(E) the prevention and appropriate suppression of brush and 
range fires resulting from nonmilitary activities. 
(3XA) All nonmilitary use of such lands, other than the uses 
described in paragraph (2), shall be subject to such conditions and 
restrictions as may be necessary to permit the military use of such 
lands for the purposes specified in or authorized pursuant to this 
Act. 
(B) The Secretary of the Interior may issue any lease, easement, 
right-of-way, or other authorization with respect to the nonmilitary 
use of such land only with the concurrence of the Secretary of the 
military department concerned. 
0)) CLOSURE TO PUBUC.—(1) If the Secretary of the military depart-
ment concerned determines that military operations, public safety, 
or national security require the closure to public use of any road, 
trail, or other portion of the lands withdrawn by this Act, the 
Secretary may take such action as the Secretary determines nec-
essary or desirable to effect and maintain such closure. 
(2) Any such closure shall be limited to the minimum areas and 
periods which the Secretary of the military department concerned 
determines are required to carry out this subsection. 
(3) Before and during any closure under this subsection, the 
Secretary of the military department concerned shall— 
(A) keep appropriate warning notices posted; and 
(B) take appropriate steps to notify the public concerning such 
closures. 
(c) MANAGEMENT PLAN.—The Secretary of the Interior (after con-
sultation with the Secretary of the military department concerned) 
shsill develop a plan for the management of each area withdrawn 
PUBLIC LAW 99-606—NOV. 6, 1986 
100 STAT. 3461 
under section 1 during the period of such withdrawal. Each plan 
shall— 
(1) be consistent with applicable law; 
(2) be subject to conditions and restrictions specified in subsec-
tion (aX3) of this section; 
(3) include such provisions as may be necessary for proper 
management and protection of the resources and values of such 
areas; and 
(4) be developed not later than three years after the date of 
enactment of this Act. 
(d) BRUSH AND RANGE FIRES.—The Secretary of the military 
department concerned shall take necessary precautions to prevent 
and suppress brush and range fires occurring within and outside the 
lands withdrawn under section 1 as a result of military activities 
and may seek assistance from the Bureau of Land Management in 
the suppression of such fires. The memorandum of understanding 
required by subsection (e) shall provide for Bureau of Land Manage-
ment assistance in the suppression of such fires, and for a transfer of 
funds from the Department of the Navy, Army, or Air Force, as 
appropriate, to the Bureau of Land Management as compensation 
for such assistance. 
(e) MEMORANDUM OF UNDERSTANDING.—(1) The Secretary of the 
Interior and the Secretary of the military department concerned 
shall (with respect to each land withdrawal under section 1) enter 
into a memorandum of understanding to implement the manage-
ment plan developed under subsection (c). Any such memorandum 
of understanding shall provide that the Director of the Bureau of 
Land Mang^ement shall provide assistance in the suppression of 
fires resulting from the military use of lands withdrawn under 
section 1 if requested by the Secretary of the military department 
concerned. 
(2) The duration of any such memorandum shall be the same as 
the period of the withdrawal of the lands under section 1. 
(f) ADDITIONAL MIUTARY USES.—(1) Lands withdrawn by section 1 
(except those within the Desert National Wildlife Range or within 
the Cabeza Prieta National Wildlife Refuge) may be used for 
defense-related uses other than those specified in such section. The 
Secretary of Defense shall promptly notify the Secretary of the 
Interior in the event that the lands withdrawn by this Act will be 
used for defense-related purposes other than those specified in 
section 1. Such notification shall indicate the additional use or uses 
involved, the proposed duration of such uses, and the extent to 
which such additional military uses of the withdrawn lands will 
require that additional or more stringent conditions or restrictions 
be imposed on otherwise-permitted nonmilitary uses of the with-
drawn land or portions thereof. 
SEC. 4. SPECIAL WILDLIFE RULES. 
(a) NELUS AIR FORCE RANGE.—(1) Neither the withdrawal under 
section 1(b) nor any other provision of this Act shall be construed to 
amend— 
(A) the National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd et seq.) or any other law related to 
management of the National Wildlife Refuge System; or 
(B) any Executive order or public land order in effect on the 
date of enactment of this Act with respect to the Desert 
National Wildlife Refuge. 
100 STAT. 3462 
PUBLIC LAW 99-606—NOV. 6, 1986 
(2) Neither the withdrawal under section 1(b) nor any other 
provision of this Act shall be construed to amend any memorandum 
of understanding between the Secretary of the Interior and the 
Secretary of the Air Force regarding the administration and joint 
use of a portion of the Desert National Wildlife Range. The provi-
sions of the memorandum of understanding between the Secretary 
of the Interior and the Department of the Air Force regarding Air 
Force operations on the Desert National Wildlife Range in effect on 
March 15, 1986, shall not be amended sooner than 90 days after the 
Secretary of the Interior has notified the Committee on Interior and 
Insular Affairs of the House of Representatives, the Committee on 
Energy and Natural Resources of the Senate, the Committees on 
Armed Services of the Senate and the House of Representatives, the 
Committee on Merchant Marine and Fisheries of the House of 
Representatives, and the Committee on Environment and Public 
Works of the Senate of any proposed amendments to such 
provisions. 
(b) BARRY M. GOLDWATER AIR FORCE RANGE.—(1) Neither the 
withdrawal under section 1(c) nor any other provision of this Act 
shall be construed to amend— 
(A) the National Wildlife Refuge System Administration Act 
of 1966 (16 U.S.C. 668dd et seq.) or any other law related to 
management of the National Wildlife Refuge System; or 
(B) any Executive order or public land order in effect on the 
date of enactment of this Act with respect to the Cabeza Prieta 
National Wildlife Refuge. 
(2) Neither the withdrawal under section 1(c) nor any other 
provision of this Act shall be construed to amend any memorandum 
of understanding between the Secretary of the Interior and the 
Secretary of the Air Force regarding the administration and joint 
use of a portion of the Cabeza Prieta National Wildlife Refuge. The 
provisions of the memorandum of understanding between the Sec-
retary of the Interior and the Department of the Air Force regard-
ing Air Force operations on the Cabeza Prieta National Wildlife 
Refuge in effect on March 24, 1975, shall not be amended sooner 
than 90 days after the Secretary of the Interior has notified the 
Committee on Interior and Insular Affairs of the House of Rep-
resentatives, the Committee on Energy and Natural Resources of 
the Senate, the Committees on Armed Services of the Senate and 
the House of Representatives, the Committee on Merchant Marine 
and Fisheries of the House of Representatives, and the Committee 
on Environment and Public Works of the Senate of any proposed 
amendments to such provisions. 
SEC. 5. DURATION OF WITHDRAWALS. 
(a) DURATION.—The withdrawal and reservation established by 
this Act shall terminate 15 years after the date of enactment of this 
Act. 
(b) DRAFT ENVIRONMENTAL IMPACT STATEMENT.—(1) No later than 
12 years after the date of enactment of this Act, the Secretary of the 
military department concerned shall publish a draft environmental 
impact statement concerning continued or renewed withdrawal of 
any portion of the lands withdrawn by this Act for which that 
Secretary intends to seek such continued or renewed withdrawal. 
Such draft environmental impact statement shall be consistent with 
the requirements of the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) applicable to such a draft environmental 
PUBLIC LAW 99-606—NOV. 6, 1986 
100 STAT. 3463 
impact statement. Prior to the termination date specified in subsec-
tion (a), the Secretary of the military department concerned shall 
hold a public hearing on any draft environmental impact statement 
published pursuant to this subsection. Such hearing shall be held in 
the affected State or States in order to receive public comments on 
the alternatives and other matters included in such draft environ-
mental impact statement. 
(2)(A) For purposes of such draft environmental impact statement 
Nevada. 
published by the Secretary of the Navy, the term "lands withdrawn 
by this Act" shall be deemed to include lands withdrawn by public 
land orders 275, 788, 898, and 2635 and lands proposed for with-
drawal as specified in the draft environmental impact statement for 
the proposed master land withdrawal. Naval Air Station, Fallon, 
Nevada. 
(B) For purposes of this subsection, lands withdrawn by section 
1(b) shall be deemed to include lands withdrawn by Public Law 
98-485. 
98 Stat. 2261. 
(c) EXTENSIONS OR RENEWALS.—The withdrawals established by 
this Act may not be extended or renewed except by an Act or joint 
resolution. 
SEC. 6. NEVADA REPORT. 
(a) SPECIAL NEVADA REPORT.—No later than five years after the 
date of enactment of this Act, the Secretary of the Air Force, the 
Secretary of the Navy, and the Secretary of the Interior shall submit 
to Congress a joint report. In addition to the other matters required 
by this section, the report shall include an analysis and an evalua-
tion of the effects on public health and safety throughout Nevada 
of— 
(1) the operation of aircraft at subsonic and supersonic speeds; 
(2) the use of aerial and other gunnery, rockets, and missiles; 
and 
(3) the uses specified in section 1. 
(b) EVALUATION OF CUMULATIVE EFFECTS OF CONTINUED OR 
RENEWED WITHDRAWAL.—Each of the military departments con-
cerned and the Secretary of the Interior shall, in the report required 
by this section, evaluate the cumulative effects of continued or 
renewed withdrawal for military purposes of the military depart-
ment concerned of some or all of the lands withdrawn by sections 
1(a) and 1(b) on the environment and population of Nevada. In 
performing this evaluation, there shall be considered— 
(1) the actual and proposed withdrawal for military and 
related purposes of other lands in Nevada, including (but not 
limited to)— 
(A) lands withdrawn by sections 1(a) and 1(b) of this Act 
and by Public Law 98-485 (98 Stat. 2261); 
(B) lands withdrawn by Public Land Orders 275, 788, 898, 
and 2635; 
(C) lands proposed for withdrawal as specified in the draft 
environmental impact statement for the proposed master 
land withdrawal, Naval Air Station, Fallon, Nevada; and 
(D) lands withdrawn or being considered for withdrawal 
for use by the Department of Energy; and 
(2) the cumulative impacts on public and private property in 
Nevada and on the fish and wildlife, cultural, historic, scientific, 
recreational, wilderness, and other values of the public lands of 
Nevada resulting from military and defense related uses of the 
Health and 
medical care. 
Safety. 
Real property. 
Defense and 
national 
security. 
100 STAT. 3464 
PUBLIC LAW 99-606—NOV. 6, 1986 
lands withdrawn by sections 1(a) and 1(b) and the other lands 
described in paragraph (1) of this subsection. 
(c) MITIGATION MEASURES.—The report required by this subsection 
shall include an analysis and an evaluation of possible measures to 
mitigate the cumulative effect of the withdrawal of public lands in 
Nevada for military and defense-related purposes, and of use of the 
airspaces over public lands in Nevada for such purposes, on people 
B >5/5?'. ^j^jj property in Nevada and the fish and wildlife, cultural, historic, 
scientific, wilderness, and other resources and values of the public 
lands in Nevada (including recreation, mineral development, and 
agriculture). 
SEC. 7. ONGOING DECONTAMINATION. 
(a) PROGRAM.—Throughout the duration of the withdrawals made 
by this Act, the Secretary of the military department concerned, to 
the extent funds are made available, shall maintain a program of 
< '% .i«t 
decontamination of lands withdrawn by this Act at least at the level 
of cleanup achieved on such lands in fiscal year 1986. 
President of U.S. 
(b) REPORTS.—At the Same time as the President transmits to the 
Congress the President's proposed budget for the first fiscal year 
beginning after the date of enactment of this Act and for each 
subsequent fiscal year, each such Secretary shall transmit to the 
• • • Committees on Appropriations, Armed Services, and Energy and 
Natural Resources of the Senate and to the Committees on Appro-
priations, Armed Services, and Interior and Insular Affairs of the 
House of Representatives a description of the decontamination 
efforts undertaken during the previous fiscal year on such lands and 
the decontamination activities proposed for such lands during the 
next fiscal year including: 
(1) amounts appropriated and obligated or expended for 
decontamination of such lands; 
(2) the methods used to decontaminate such lands; 
(3) amount and types of contaminants removed from such 
i« 
lands; 
: •
* 
(4) estimated types and amounts of residual contamination on 
such lands; and 
(5) an estimate of the costs for full decontamination of such 
' 
lands and the estimate of the time to complete such decon-
tamination. 
SEC. 8. REQUIREMENTS FOR RENEWAL. 
(a) NOTICE AND FIUNG.—(1) No later than three years prior to the 
termination of the withdrawal and reservation established by this 
Act, the Secretary of the military department concerned shall 
advise the Secretary of the Interior as to whether or not the 
Secretary of the military department concerned will have a continu-
ing military need for any of the lands withdrawn under section 1 
after the termination date of such withdrawal and reservation. 
(2) If the Secretary of the military department concerned con-
cludes that there will be a continuing military need for any of such 
lands after the termination date, that Secretary shall file an 
application for extension of the withdrawal and reservation of such 
needed lands in accordance with the regulations and procedures of 
Y 
;' ' '^ 
the Department of the Interior applicable to the extension of 
'>'• 
withdrawals of lands for military uses. 
(3) If, during the period of withdrawal and reservation, the Sec-
retary of the military department concerned decides to relinquish 
PUBLIC LAW 99-606—NOV. 6, 1986 
100 STAT. 3465 
Hazardous 
materials. 
Federal 
Register, 
publication. 
all or any of the lands withdrawn and reserved by this Act, such 
Secretary shall file a notice of intention to relinquish with the 
Secretary of the Interior. 
(b) CONTAMINATION.—(1) Before transmitting a notice of intention 
to relinquish pursuant to subsection (a), the Secretary of Defense, 
acting through the military department concerned, shall prepare a 
written determination concerning whether and to what extent the 
lands that are to be relinquished are contaminated with explosive, 
toxic, or other hsizardous materials. 
(2) A copy of such determination shall be transmitted with the 
notice of intention to relinquish. 
(3) Copies of both the notice of intention to relinquish and the 
determination concerning the contaminated state of the lands shall 
be published in the Federal Register by the Secretary of the Interior. 
(c) DECONTAMINATION.—If any land which is the subject of a notice 
of intention to relinquish pursuant to subsection (a) is contaminated, 
and the Secretary of the Interior, in consultation with the Secretary 
of the military department concerned, determines that decon-
tamination is practicable and economically feasible (taking into 
consideration the potential future use and value of the land) and 
that upon decontamination, the land could be opened to operation of 
some or all of the public land laws, including the mining laws, the 
Secretary of the military department concerned shall decontami-
nate the land to the extent that funds are appropriated for such 
purpose. 
(d) ALTERNATIVES.—If the Secretary of the Interior, after consulta-
tion with the Secretary of the military department concerned, con-
cludes that decontamination of any land which is the subject of a 
notice of intention to relinquish pursuant to subsection (a) is not 
practicable or economically feasible, or that the land cannot be 
decontaminated sufficiently to be opened to operation of some or all 
of the public land laws, or if Congress does not appropriate a 
sufficient amount of funds for the decontamination of such land, the 
Secretary of the Interior shall not be required to accept the land 
proposed for relinquishment. 
(e) STATUS OF CONTAMINATED LANDS.—If, because of their contami-
nated state, the Secretary of the Interior declines to accept jurisdic-
tion over lands withdrawn by this Act which have been proposed for 
relinquishment, or if at the expiration of the withdrawal made by 
this Act the Secretary of the Interior determines that some of the 
lands withdrawn by this Act are contaminated to an extent which 
prevents opening such contaminated lands to operation of the public 
land laws— 
(1) the Secretary of the military department concerned shall 
take appropriate steps to warn the public of the contaminated 
^
'
* 
state of such lands and any risks associated with entry onto 
such lands; 
(2) after the expiration of the withdrawal, the Secretary of the 
military department concerned shall undertake no activities on 
such lands except in connection with decontamination of such 
lands; and 
(3) the Secretary of the military department concerned shall Reports 
report to the Secretary of the Interior and to the Congress 
concerning the status of such lands and all actions taken in 
furtherance of this subsection. 
(f) REVOCATION AUTHORITY.—Notwithstanding any other provi-
sions of law, the Secretary of the Interior, upon deciding that it is in 
Public 
information. 
100 STAT. 3466 
PUBLIC LAW 99-606—NOV. 6, 1986 
Federal 
Register, 
publication. 
Minerals and 
mining. 
National 
Wildlife Refuge 
System. 
-vio; 
Federal 
Register, 
publication. 
17 Stat. 91. 
30 u s e 181. 
30 u s e 351 note, 
1001 note. 
Federal 
Register, 
publication. 
National 
Wildlife Refuge 
System. 
the public interest to accept jurisdiction over lands proposed for 
relinquishment pursuant to subsection (a), is authorized to revoke 
the withdrawal and reservation established by this Act as it applies 
to such lands. Should the decision be made to revoke the withdrawal 
and reservation, the Secretary of the Interior shall publish in the 
Federal Register an appropriate order which shall— 
(1) terminate the withdrawal and reservation; 
(2) constitute official acceptance of full jurisdiction over the 
lands by the Secretary of the Interior; and 
(3) state the date upon which the lands will be opened to the 
operation of some or all of the public lands laws, including the 
mining laws. 
SEC. 9. DELEGABILITY. 
(a) DEFENSE.—The functions of the Secretary of Defense or of a 
military department under this title may be delegated. 
(b) INTERIOR.—The functions of the Secretary of the Interior under 
this title may be delegated, except that an order described in section 
7(f) may be approved and signed only by the Secretary of the 
Interior, the Under Secretary of the Interior, or an Assistant Sec-
retary of the Department of the Interior. 
SEC. 10. WATER RIGHTS. 
Nothing in this Act shall be construed to establish a reservation to 
the United States with respect to any water or water right on the 
lands described in section 1 of this Act. No provision of this Act shall 
be construed as authorizing the appropriation of water on lands 
described in section 1 of this Act by the United States after the date 
of enactment of this Act except in accordance with the law of the 
relevant State in which lands described in section 1 are located. This 
section shall not be construed to affect water rights acquired by the 
United States before the date of enactment of this Act. 
SEC. 11. HUNTING, FISHING, AND TRAPPING. 
All hunting, fishing, and trapping on the lands withdrawn by this 
Act shall be conducted in accordance with the provisions of section 
2671 of title 10, United States Code, except that hunting, fishing, 
and trapping within the Desert National Wildlife Range and the 
Cabeza Prieta National Wildlife Refuge shall be conducted in 
accordance with the National Wildlife Refuge System Administra-
tion Act of 1966 (16 U.S.C. 668dd et seq.), the Recreation Use of 
Wildlife Areas Act of 1962 (16 U.S.C. 460k et seq.), and other laws 
applicable to the National Wildlife Refuge System. 
SEC. 12. MINING AND MINERAL LEASING. 
(a) DETERMINATION OF LANDS SUITABLE FOR OPENING.—As soon as 
possible after the enactment of this Act and at least every five years 
thereafter, the Secretary of the Interior shall determine, with the 
concurrence of the Secretary of the military department concerned, 
which public and acquired lands (except as provided in this subsec-
tion) described in subsections (a), (b), (d), (e), and (f) of section 1 of 
this Act the Secretary of the Interior considers suitable for opening 
to the operation of the Mining Law of 1872, the Mineral Lands 
Leasing Act of 1920, as amended, the Mineral Leasing Act for 
Acquired Lands of 1947, the Geothermal Steam Act of 1970, or any 
one or more of such Acts. The Secretary of the Interior shall publish 
a notice in the Federal Register listing the lands determined suit-
PUBLIC LAW 99-606—NOV. 6, 1986 
100 STAT. 3467 
able pursuant to this section and specifying the opening date, except 
that lands contained within the Desert National Wildlife Range in 
Nevada or within the Cabeza Prieta National Wildlife Refuge in 
Arizona shall not be determined to be suitable for opening pursuant 
to this section. 
(b) OPENING LANDS.—On the day specified by the Secretary of the 
Interior in a notice published in the Federal Register pursuant to 
subsection (a), the land identified under subsection (a) as suitable for 
opening to the operation of one or more of the laws specified in 
subsection (a) shall automatically be open to the operation of such 
laws without the necessity for further action by either the Secretary 
or the Congress. 
(c) EXCEPTION FOR COMMON VARIETIES.—NO deposit of minerals or 
materials of the types identified by section 3 of the Act of July 23, 
1955 (69 Stat. 367), whether or not included in the term "common 
varieties" in that Act, shall be subject to location under the Mining 
Law of 1872 on lands described in section 1. 
(d) REGULATIONS.—The Secretary of the Interior, with the advice 
and concurrence of the Secretary of the military department con-
cerned shall promulgate such regulations to implement this section 
as may be necessary to assure safe, uninterrupted, and unimpeded 
use of the lands described in section 1 for military purposes. Such 
regulations shall also contain guidelines to assist mining claimants 
in determining how much, if any, of the surface of any lands opened 
pursuant to this section may be used for purposes incident to 
mining. 
(e) CLOSURE OF MINING LANDS.—In the event of a national emer-
gency or for purposes of national defense or security, the Secretary 
of the Interior, at the request of the Secretary of the military 
department concerned, shall close any lands that have been opened 
to mining or to mineral or geothermal leasing pursuant to this 
section. 
(f) LAWS GOVERNING MINING ON LANDS WITHDRAWN UNDER THIS 
ACT.—(1) Except as otherwise provided in this Act, mining claims 
located pursuant to this Act shall be subject to the provisions of the 
mining laws. In the event of a conflict between those laws and this 
Act, this Act shall prevail. 
(2) All mining claims located under the terms of this Act shall be 
subject to the provisions of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.). 
(g) PATENTS.—(1) Patents issued pursuant to this Act for locatable 
minerals shall convey title to locatable minerals only, together with 
the right to use so much of the surface as may be necessary for 
purposes incident to mining under the guidelines for such use 
established by the Secretary of the Interior by regulation. 
(2) All such patents shall contain a reservation to the United 
States of the surface of all lands patented and of all nonlocatable 
minerals on those lands. 
(3) For the purposes of this section, all minerals subject to location 
under the Mining Law of 1872 are referred to as "locatable 
minerals". 
(h) REVOCATION.—Notwithstanding any other provision of law, the 
Secretary of the Interior, if the Secretary determines it necessary 
and appropriate for the purpose of consummating an exchange of 
lands or interests therein under applicable law, is hereby authorized 
and directed to revoke the Small Tract Act Classification S.T.049794 
in Clark County, Nevada. 
Federal 
Register, 
publication. 
30 u s e 611. 
17 Stat. 91. 
Defense and 
national 
security. 
Nevada. 
100 STAT. 3468 
PUBLIC LAW 99-606—NOV. 6, 1986 
Military Lands 
Withdrawal Act 
of 1986. 
Arizona. 
16 use 460ff-l. 
U. 
State and local 
governments. 
SEC. 13. IMMUNITY OF UNITED STATES. 
The United States and all departments or agencies thereof shall 
be held harmless and shall not be liable for any injuries or damages 
to persons or property suffered in the course of any mining or 
mineral or geothermal leasing activity conducted on lands described 
in section 1 of this Act. 
SEC. 14. SHORT TITLE. 
Sections 1 through 15 of this Act may be cited as the "Military 
Lands Withdrawal Act of 1986". 
SEC. 15. REDESIGNATION. 
H 
The Luke Air Force Range in Arizona is hereby redesignated as 
the "Barry M. Groldwater Air Force Range". Any reference in any 
law, regulation, document, record, map, or other paper of the United 
States to the Luke Air Force Range shall be deemed to be a 
reference to the "Barry M. Goldwater Air Force Range". 
SEC. 16. BOUNDARY ADJUSTMENT TO CUYAHOGA VALLEY NATIONAL 
RECREATION AREA. 
Section 2 of the Act entitled "An Act to provide for the establish-
ment of the Cuyahoga Valley National Recreational Recreation 
Area", approved December 27, 1974 (16 U.S.C. 460ff et seq.), is 
amended as follows: 
(1) In subsection (a), strike out "numbered 655-90,001-A and 
* 
dated May 1978" and insert "numbered 644-80,054 and dated 
July 1986". 
(2) At the end of subsection (a), insert the following: 
"The recreation area shall also comprise any lands designated as 
'City of Akron Lands' on the map referred to in the first sentence 
which are offered as donations to the Department of the Interior or 
which become privately owned. The Secretary shall revise such map 
to depict such lands as part of the recreation area.". 
(3) In subsection fl)), after the first sentence, insert the 
following: 
"The Secretary may not acquire fee title to any lands included 
within the recreation area in 1986 which are designated on the map 
referred to in subsection (a) as 'Scenic Easement Acquisition Areas'. 
The Secretary may acquire only scenic easements in such des-
ignated lands. Unless consented to by the owner from which the 
easement is acquired, any such scenic easement may not prohibit 
' 
i - ^ 
r 
,i.,:y'.i 
I f 
PUBLIC LAW 99-606—NOV. 6, 1986 
100 STAT. 3469 
any activity, the subdivision of any land, or the construction of any 
building or other facility if such activity, subdivision, or construc-
tion would have been permitted under laws and ordinances of the 
unit of local government in which such land was located on April 1, 
1986, as such laws and ordinances were in effect on such date.". 
^ ,..j j 
Approved November 6, 1986. 
^ 
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LEGISLATIVE HISTORY—H.R. 1790: 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Oct. 17, considered and passed House. 
Oct. 18, considered and passed Senate.