H.R. 1672 — Introduced in House

I 113th CONGRESS 1st Session H. R. 1672 IN THE HOUSE OF REPRESENTATIVES April 23, 2013 Mr. Daines (for himself and 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 Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To withdraw and reserve certain public lands administered by the Bureau of Land Management for exclusive military use as part of the Limestone Hills Training Area, Montana, and for other purposes. 1. Short title This Act may be cited as the Limestone Hills Training Area Withdrawal Act. 2. Withdrawal and reservation of public lands for Limestone Hills Training Area, Montana (a) Withdrawal The public lands and interests in lands described in subsection (c), and all other areas within the boundaries of such lands as depicted on the map provided for by subsection (d) that may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. (b) Reservation; purpose Subject to the limitations and restrictions contained in section 4, the public lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes: (1) The conduct of training for regular and reserve components of the Armed Forces. (2) The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training. (3) The conduct of training by the Montana Department of Military Affairs, except that any such use may not interfere with purposes specified in paragraphs (1) and (2). (4) The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions, except that any such use may not interfere with military training activities. (5) Other defense-related purposes consistent with the purposes specified in the preceding paragraphs. (c) Land Description The public lands and interests in lands withdrawn and reserved by this section comprise approximately 18,644 acres in Broadwater County, Montana, as generally depicted as Proposed Land Withdrawal on the map titled Limestone Hills Training Area Land Withdrawal, dated April 10, 2013. (d) Legal description and map (1) In general As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall publish in the Federal Register a legal description of the public land withdrawn under subsection (a) and a copy of a map depicting the legal description of the withdrawn land. (2) Force of law The legal description and map published under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the legal description. (3) Reimbursement of costs The Secretary of the Army shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior in implementing this subsection. (e) Valid existing rights The withdrawal and reservation of public land under subsection (a) shall be subject to valid existing rights. (f) Indian tribes Nothing in this Act shall be construed as altering any rights reserved for an Indian tribe for tribal use of lands within the military land withdrawal by treaty or Federal law. The Secretary of the Army shall consult with any Indian tribes in the vicinity of the military land withdrawal before taking action within the military land withdrawal affecting tribal rights or cultural resources protected by treaty or Federal law. 3. Management of withdrawn and reserved lands During the period of the withdrawal and reservation specified in section 6, the Secretary of the Army shall manage the public lands withdrawn by section 2 for the purposes specified in subsection (b) of such section, subject to the limitations and restrictions contained in section 4. 4. Special rules governing minerals management (a) Indian Creek Mine (1) In general Locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM–78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. The land area subject to the approved plan of operations shall permanently remain open to the amendment or relocation of mining claims (or both) under the Act of May 10, 1872 (commonly known as the General Mining Act of 1872; 30 U.S.C. 22 et seq.) to the extent necessary to preserve the mining operations described in the approved plan of operations. (2) Restrictions on Secretary of the Army The Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the defense-related uses of the lands covered by the military land withdrawal. The coordination of such disposition of and exploration for minerals with defense-related uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (c). (b) Removal of unexploded ordnance on lands To be mined (1) Removal activities The Secretary of the Army shall request funding for and, subject to the availability of such funds, shall remove unexploded ordnance on lands withdrawn by section 2 that are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a). (2) Report on removal activities The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to this subsection. The report shall include— (A) the amounts of funding expended for unexploded ordnance removal on the lands withdrawn by section 2; and (B) the identification of the lands cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior. (c) Implementation agreement for mining activities The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The agreement shall provide the following: (1) That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM–78300, is invited to be a party to the agreement. (2) Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area, which shall include the following limitations and restrictions: (A) Military and other authorized uses of the withdrawn lands shall only occur between the second Monday in April and November 30 unless otherwise authorized by the Secretary of the Interior. (B) Military use for mortar target practice or training with respect to other weapons systems containing explosive material shall be limited to the area described on the map referred to in section 2(c) as the high explosive active impact area and shall not include any lands within the approved Indian Creek Mine plan of operations. Immediately after any exercise during which live rounds are fired the military unit or other organization utilizing the area will take all reasonable action to locate and remove or destroy any undetonated rounds impacting any of the withdrawn land (other than withdrawn land in the high explosive active impact area). (C) Training activities conducted within the withdrawn area that restrict mining activities will be scheduled for no more than 16 weeks in any year and for no longer than three successive weeks without a recess of two weeks. In order to schedule annual mining operations prior to February 1st each year the Secretary of the Army shall provide the Secretary of the Interior and Graymont Western US, Inc. with an annual schedule of training activities to take place within the withdrawn area during the year. The annual schedule shall specify the weapons systems to be used and the surface danger zone applicable to the weapon system identified in the schedule. Any proposed changes to the schedule shall be provided to Graymont Western US, Inc. at least 90 days prior to the anticipated change and shall be subject to the approval of Graymont Western US, Inc. if the proposed change could impact mining operations. (D) The military unit or other organization utilizing lands within the approved Indian Creek Mine plan of operations for training activities will bear full liability to the extent of the law for any injury caused to employees and guests of Graymont Western US, Inc., or a member of the public or for damage to any mining equipment or facility of Graymont Western US, Inc., it successors and assigns, caused by the training activity. (3) Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area. (4) Procedures for scheduling of the removal of unexploded ordnance. 5. Grazing (a) Issuance and administration of permits and leases The issuance and administration of grazing permits and leases, including their renewal, on the public lands withdrawn by section 2 shall be managed by the Secretary of the Interior consistent with all applicable laws, regulations, and policies of the Secretary of the Interior relating to such permits and leases. (b) Safety requirements With respect to any grazing permit or lease issued after the date of the enactment of this Act for lands withdrawn by section 2, the Secretary of the Interior and the Secretary of the Army shall jointly establish procedures that are consistent with Department of the Army explosive and range safety standards and that provide for the safe use of any such lands. (c) Assignment The Secretary of the Interior may, with the agreement of the Secretary of the Army, assign the authority to issue and to administer grazing permits and leases to the Secretary of the Army, except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn by section 2. 6. Duration of withdrawal and reservation The military land withdrawal made by section 2 shall terminate on March 31, 2039.