Federal
To provide for the indefinite duration of certain military land withdrawals, to improve the management of lands currently subject to such withdrawals, to make the management of such lands more transparent, and for other purposes.
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I
116TH CONGRESS
1ST SESSION H. R. 2945
To provide for the indefinite duration of certain military land withdrawals,
to improve the management of lands currently subject to such with-
drawals, to make the management of such lands more transparent, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 23, 2019
Mr. BISHOP of Utah introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committee on
Armed Services, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To provide for the indefinite duration of certain military
land withdrawals, to improve the management of lands
currently subject to such withdrawals, to make the man-
agement of such lands more transparent, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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•HR 2945 IH
SECTION 1. INDEFINITE DURATION OF CERTAIN MILITARY
1
LAND WITHDRAWALS AND RESERVATIONS
2
AND IMPROVED MANAGEMENT OF WITH-
3
DRAWN AND RESERVED LANDS.
4
(a) IMPROVING MANAGEMENT OF CURRENT STATU-
5
TORY LAND WITHDRAWALS
AND RESERVATIONS
AND
6
MAKING MANAGEMENT MORE TRANSPARENT.—
7
(1) ROLE OF SECRETARY OF THE INTERIOR.—
8
Section 101(a)(2) of the Sikes Act (16 U.S.C.
9
670a(a)(2)) is amended—
10
(A) by striking ‘‘, acting through the Di-
11
rector of the United States Fish and Wildlife
12
Service,’’; and
13
(B) by adding at the end the following new
14
sentence: ‘‘In the case of a military installation
15
or State-owned National Guard installation in
16
Alaska, cooperation with the Secretary of the
17
Interior under this paragraph shall be obtained
18
through the Director of the United States Fish
19
and Wildlife Service.’’.
20
(2) ADDITIONAL
ELEMENT
OF
INTEGRATED
21
NATURAL RESOURCES MANAGEMENT PLAN.—Section
22
101(b) of the Sikes Act (16 U.S.C. 670a(b)) is
23
amended—
24
(A) by striking ‘‘and’’ at the end of para-
25
graph (2);
26
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•HR 2945 IH
(B) by redesignating paragraph (3) as
1
paragraph (4); and
2
(C) by inserting after paragraph (2) the
3
following new paragraph:
4
‘‘(3) for purposes of paragraph (2), except in
5
the case of a military installation or State-owned
6
National Guard installation in Alaska, shall be re-
7
viewed—
8
‘‘(A) jointly by the Secretary of the mili-
9
tary department and the Secretary of the Inte-
10
rior; and
11
‘‘(B) in a manner that provides affected
12
States and Indian tribes and the public a mean-
13
ingful opportunity to comment on any signifi-
14
cant revisions to the plan that may be proposed;
15
and’’.
16
(b) EL CENTRO NAVAL AIR FACILITY RANGES.—
17
(1) ELIMINATION OF TERMINATION DATE AND
18
CONFORMING AMENDMENTS.—The El Centro Naval
19
Air Facility Ranges Withdrawal Act (subtitle B of
20
title XXIX of Public Law 104–201; 110 Stat. 2813)
21
is amended—
22
(A) in section 2921(b)(3), by striking ‘‘,
23
before the termination date specified in section
24
2925,’’;
25
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•HR 2945 IH
(B) in section 2924(a), by striking the
1
third sentence;
2
(C) by striking sections 2925 and 2927;
3
and
4
(D) in section 2928(a), by striking ‘‘speci-
5
fied in section 2925’’.
6
(2) DETERMINATION OF CONTINUING MILITARY
7
NEED
FOR
WITHDRAWAL
AND
RESERVATION
AND
8
PUBLIC REPORTS.—The El Centro Naval Air Facil-
9
ity Ranges Withdrawal Act (subtitle B of title XXIX
10
of Public Law 104–201; 110 Stat. 2813) is further
11
amended by inserting after section 2926 the fol-
12
lowing new section:
13
‘‘SEC. 2927. DETERMINATION OF CONTINUING MILITARY
14
NEED FOR WITHDRAWAL AND RESERVATION
15
AND PUBLIC REPORTS.
16
‘‘(a) PUBLIC REPORTS.—
17
‘‘(1) CHANGES
IN
LAND
CONDITIONS.—(A)
18
Concurrent with each review as to operation and ef-
19
fect of an integrated natural resources management
20
plan covering lands withdrawn and reserved under
21
this title, as required by section 101(b)(2) of the
22
Sikes Act (16 U.S.C. 670a(b)(2)), the Secretary of
23
the Navy and the Secretary of the Interior shall
24
jointly prepare and issue a report describing any
25
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•HR 2945 IH
changes in the condition of the lands withdrawn and
1
reserved under this subtitle since the later of the
2
date of any previous report under this paragraph or
3
the date of the environmental analysis prepared to
4
support the actions that changed the condition of
5
the lands.
6
‘‘(B) A report under subparagraph (A) shall in-
7
clude a summary of current military use of the lands
8
withdrawn and reserved under this subtitle, any
9
changes in military use of the lands since the pre-
10
vious report, and efforts related to the management
11
of natural and cultural resources and environmental
12
remediation of the lands during the previous five
13
years.
14
‘‘(2) COMBINATION WITH OTHER REPORTS.—A
15
report under this subsection may be combined with,
16
or incorporate by reference, any contemporary report
17
required by any other provision of law regarding the
18
lands withdrawn and reserved under this subtitle.
19
‘‘(3) PUBLIC REVIEW AND COMMENT.—(A) Be-
20
fore the finalization of a report under this sub-
21
section, the Secretary of the Navy and the Secretary
22
of the Interior shall invite interested members of the
23
public to review and comment on the report, and
24
shall hold at least one public meeting concerning the
25
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•HR 2945 IH
report in a location or locations reasonably accessible
1
to persons who may be affected by management of
2
the lands withdrawn and reserved under this sub-
3
title.
4
‘‘(B) Each public meeting under subparagraph
5
(A) shall be announced not less than 15 days before
6
the date of the meeting by advertisements in local
7
newspapers of general circulation, notices on the
8
internet, including the website of El Centro, and any
9
other means considered necessary or desirable by the
10
Secretaries.
11
‘‘(4) DISTRIBUTION
OF
REPORT.—The Sec-
12
retary of the Navy shall make the final version of a
13
report under this subsection available to the public
14
and shall submit the final version of such a report
15
to the Committees on Armed Services and Energy
16
and Natural Resources of the Senate and the Com-
17
mittees on Armed Services and Natural Resources of
18
the House of Representatives.
19
‘‘(b) DETERMINATION
OF CONTINUING MILITARY
20
NEED.—With each report prepared pursuant to sub-
21
section (a), the Secretary of the Navy shall attach the Sec-
22
retary’s determination regarding whether there will be a
23
continuing military need for any or all the withdrawn and
24
reserved lands for the following 5 years.’’.
25
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•HR 2945 IH
(c) JUNIPER BUTTE RANGE.—
1
(1) ELIMINATION OF TERMINATION DATE AND
2
CONFORMING
AMENDMENTS.—The Juniper Butte
3
Range Withdrawal Act (title XXIX of Public Law
4
105–261; 112 Stat. 2226) is amended—
5
(A) in section 2915—
6
(i) in the section heading, by striking
7
‘‘Duration’’
and
inserting
‘‘Relin-
8
quishment’’;
9
(ii) in subsection (a), by striking
10
‘‘TERMINATION.—’’ and all that follows
11
through ‘‘At the time of termination’’ and
12
inserting ‘‘EFFECT OF RELINQUISHMENT
13
ON
OPERATION
OF
GENERAL
LAND
14
LAWS.—Upon relinquishment of Depart-
15
ment of the Air Force jurisdiction over
16
lands withdrawn and reserved by this
17
title’’;
18
(iii) in subsection (b)—
19
(I) in the subsection heading, by
20
inserting ‘‘PROCESS’’ after ‘‘RELIN-
21
QUISHMENT’’;
22
(II) in paragraph (1), by striking
23
‘‘under subsection (c)’’; and
24
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•HR 2945 IH
(III) in paragraph (3), by strik-
1
ing ‘‘before the date of termination,
2
as provided for in subsection (a)(1)’’;
3
and
4
(iv) by striking subsection (c); and
5
(B) in section 2916—
6
(i) in the section heading, by striking
7
‘‘or upon termination of with-
8
drawal’’;
9
(ii) in subsection (a)(1), by striking
10
‘‘and in all cases not later than 2 years be-
11
fore the date of termination of withdrawal
12
and reservation,’’;
13
(iii) in subsection (b), by striking ‘‘en-
14
vironmental remediation’’ and all that fol-
15
lows through the end of the subsection and
16
inserting ‘‘environmental remediation be-
17
fore relinquishing, to the Secretary of the
18
Interior, jurisdiction over any lands identi-
19
fied in a notice of intent to relinquish
20
under section 2915(b).’’; and
21
(iv) in subsection (d)—
22
(I) in the subsection heading, by
23
striking ‘‘TERMINATES’’ and inserting
24
‘‘RELINQUISHED’’;
25
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•HR 2945 IH
(II) by striking ‘‘termination
1
date’’ both places it appears and in-
2
serting ‘‘relinquishment date’’; and
3
(III) in paragraph (2), by strik-
4
ing ‘‘termination’’ and inserting ‘‘re-
5
linquishment’’.
6
(2) DETERMINATIONS
OF
CONTINUING
MILI-
7
TARY NEED FOR WITHDRAWAL AND RESERVATION
8
AND PUBLIC REPORTS.—Section 2909 of the Juni-
9
per Butte Range Withdrawal Act (title XXIX of
10
Public Law 105–261; 112 Stat. 2230) is amended
11
by adding at the end the following new subsection:
12
‘‘(d) PUBLIC REPORTS.—
13
‘‘(1) CHANGES
IN
LAND
CONDITIONS.—(A)
14
Concurrent with each review of an integrated nat-
15
ural resources management plan developed under
16
this section, the Secretary of the Air Force and the
17
Secretary of the Interior shall jointly prepare and
18
issue a report describing any changes in the condi-
19
tion of the lands withdrawn and reserved by this
20
title since the later of the date of any previous re-
21
port under this paragraph or the date of the envi-
22
ronmental analysis prepared to support the actions
23
that changed the condition of the lands.
24
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‘‘(B) A report under subparagraph (A) shall in-
1
clude a summary of current military use of the lands
2
withdrawn and reserved by this title, any changes in
3
military use of the lands since the previous report,
4
and efforts related to the management of natural
5
and cultural resources and environmental remedi-
6
ation of the lands during the previous 5 years.
7
‘‘(2) COMBINATION WITH OTHER REPORTS.—A
8
report under this subsection may be combined with,
9
or incorporate by reference, any contemporary report
10
required by any other provision of law regarding the
11
lands withdrawn and reserved by this title.
12
‘‘(3) PUBLIC REVIEW AND COMMENT.—(A) Be-
13
fore the finalization of a report under this sub-
14
section, the Secretary of the Air Force and the Sec-
15
retary of the Interior shall invite interested members
16
of the public to review and comment on the report,
17
and shall hold at least one public meeting concerning
18
the report in a location or locations reasonably ac-
19
cessible to persons who may be affected by manage-
20
ment of the lands withdrawn and reserved by this
21
title.
22
‘‘(B) Each public meeting under subparagraph
23
(A) shall be announced not less than 15 days before
24
the date of the meeting by advertisements in local
25
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•HR 2945 IH
newspapers of general circulation, notices on the
1
internet, including the website of the Juniper Butte
2
Range (if one exists), and any other means consid-
3
ered necessary or desirable by the Secretaries.
4
‘‘(4) DETERMINATION
OF
CONTINUING
MILI-
5
TARY NEED.—With each report prepared pursuant
6
to this subsection, the Secretary of the Air Force
7
shall attach the Secretary’s determination regarding
8
whether there will be a continuing military need for
9
any or all the withdrawn and reserved lands for the
10
following 5 years.
11
‘‘(5) DISTRIBUTION
OF
REPORT.—The Sec-
12
retary of the Air Force shall make the final version
13
of a report under this subsection available to the
14
public and shall submit the final version of such a
15
report to the Committees on Armed Services and
16
Energy and Natural Resources of the Senate and
17
the Committees on Armed Services and Natural Re-
18
sources of the House of Representatives.’’.
19
(d) RANGES COVERED BY SUBTITLE A OF MILITARY
20
LANDS WITHDRAWAL ACT OF 1999.—
21
(1) ELIMINATION OF TERMINATION DATE AND
22
CONFORMING
AMENDMENTS.—The Military Lands
23
Withdrawal Act of 1999 (title XXX of Public Law
24
106–65; 113 Stat. 885) is amended—
25
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•HR 2945 IH
(A) in section 3015—
1
(i) by striking subsection (a) and in-
2
serting the following new subsection:
3
‘‘(a) TERMINATION OF FORT GREELY AND FORT
4
WAINWRIGHT WITHDRAWAL
AND RESERVATION.—The
5
withdrawal and reservation of lands by section 3011(c)
6
shall terminate on November 6, 2026.’’;
7
(B) in section 3016—
8
(i) by striking ‘‘this subtitle’’ each
9
place it appears (other than the second
10
place it appears in subsection (c)) and in-
11
serting ‘‘section 3011(c)’’;
12
(ii) in subsection (c), by striking ‘‘this
13
subtitle’’ the second place it appears and
14
inserting ‘‘section 3015’’; and
15
(iii) in subsection (d), by striking ‘‘by
16
section 3011’’ and inserting ‘‘under such
17
section’’;
18
(C) by adding at the end the following new
19
section:
20
‘‘SEC. 3024. RELINQUISHMENT OF CERTAIN LANDS.
21
‘‘(a) NOTICE OF INTENT REGARDING RELINQUISH-
22
MENT.—
23
‘‘(1) GENERAL RULE.—Except as provided in
24
paragraph (2), if the Secretary of the military de-
25
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