,,ib ,union ,calendar ,no4 #hf #aacth ,,congress #ast ,session ,h4 ,r4 #afgb ,report ,no4 #aac-aba1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,april #bc1 #bjac ,mr4 ,daines 7for himself and ,mr4 ,bishop of ,utah7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committee on ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,june #bd1 #bjac ,additional sponsor3 ,mr4 ,amodei ,june #bd1 #bjac ,reported from the ,committee on ,natural ,resources with an amendment ,strike out all after the enacting clause and insert the part printed in italic ,june #bd1 #bjac ,the ,committee on ,armed ,services discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed ,for text of introduced bill1 see copy of bill as introduced on ,april #bc1 #bjac ,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 ,area1 ,montana1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,limestone ,hills ,training ,area ,withdrawal ,act4 #b4 ,withdrawal and reservation of public lands for ,limestone ,hills ,training ,area1 ,montana 7a7 ,withdrawal ,subject to valid existing rights and except as provided in this ,act1 the public lands and interests in lands described in subsection 7c71 and all other areas within the boundaries of such lands as depicted on the map provided for by subsection 7d7 that may become subject to the operation of the public land laws1 are hereby withdrawn from all forms of appropriation under the public land laws1 including the mining laws and the mineral leasing and geothermal leasing laws4 7b7 ,reservation2 purpose ,subject to the limitations and restrictions contained in section #d1 the public lands withdrawn by subsection 7a7 are reserved for use by the ,secretary of the ,army for the following purposes3 7#a7 ,the conduct of training for active and reserve components of the ,armed ,forces4 7#b7 ,the construction1 operation1 and maintenance of organizational support and maintenance facilities for component units conducting training4 7#c7 ,the conduct of training by the ,montana ,department of ,military ,affairs1 except that any such use may not interfere with purposes specified in paragraphs 7#a7 and 7#b74 7#d7 ,the conduct of training by ,state and local law enforcement agencies1 civil defense organizations1 and public education institutions1 except that any such use may not interfere with military training activities4 7#e7 ,other defense-related purposes consistent with the purposes specified in the preceding paragraphs4 7c7 ,land ,description ,the public lands and interests in lands withdrawn and reserved by this section comprise approximately #ah1fdd acres in ,broadwater ,county1 ,montana1 as generally depicted as ,proposed ,land ,withdrawal on the map titled ,limestone ,hills ,training ,area ,land ,withdrawal1 dated ,april #aj1 #bjac4 7d7 ,legal description and map 7#a7 ,in general ,as soon as practicable after the date of the enactment of this ,act1 the ,secretary of the ,interior shall publish in the ,federal ,register a legal description of the public land withdrawn under subsection 7a7 and a copy of a map depicting the legal description of the withdrawn land4 7#b7 ,force of law ,the legal description and map published under paragraph 7#a7 shall have the same force and effect as if included in this ,act1 except that the ,secretary of the ,interior may correct errors in the legal description4 7#c7 ,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 subsection4 7e7 ,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 law4 ,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 law4 #c4 ,management of withdrawn and reserved lands ,during the period of the withdrawal and reservation specified in section #f1 the ,secretary of the ,army shall manage the public lands withdrawn by section #b for the purposes specified in subsection 7b7 of such section1 subject to the limitations and restrictions contained in section #d4 #d4 ,special rules governing minerals management 7a7 ,indian ,creek ,mine 7#a7 ,in general ,of the lands withdrawn by section #b1 locatable mineral activities in the approved ,indian ,creek ,mine plan of operations1 ,,mtm-#ghcjj1 shall be regulated pursuant to subparts #cgae and #chji of title #dc1 ,code of ,federal ,regulations4 ,of the lands withdrawn by section #b1 the land area subject to the approved plan of operations shall permanently remain open to the amendment or relocation of mining claims 7or both7 under the ,act of ,may #aj1 #ahgb 7commonly known as the ,general ,mining ,act of #ahgb2 #cj ,u4,s4,c4 #bb et seq47 to the extent necessary to preserve the mining operations described in the approved plan of operations4 7#b7 ,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 withdrawal4 ,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 7c74 7b7 ,removal of unexploded ordnance on lands ,to be mined 7#a7 ,removal activities ,subject to the availability of funds appropriated for such purpose1 the ,secretary of the ,army shall remove unexploded ordnance on lands withdrawn by section #b that are subject to mining under subsection 7a71 consistent with applicable ,federal and ,state law4 ,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 7a74 7#b7 ,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 subsection4 ,the report shall include-- 7,a7 the amounts of funding expended for unexploded ordnance removal on the lands withdrawn by section #b2 and 7,b7 the identification of the lands cleared of unexploded ordnance and approved for mining activities by the ,secretary of the ,interior4 7c7 ,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 ordnance4 ,the duration of the agreement shall be the same as the period of the withdrawal under section #b1 but may be amended from time to time4 ,the agreement shall provide the following3 7#a7 ,that ,graymont ,western ,,us1 ,inc41 or any successor or assign of the approved ,indian ,creek ,mine mining plan of operations1 ,,mtm-#ghcjj1 is invited to be a party to the agreement4 7#b7 ,provisions regarding the day-to-day joint-use of the ,limestone ,hills ,training ,area4 7#c7 ,provisions addressing when military and other authorized uses of the withdrawn lands will occur4 7#d7 ,provisions regarding when and where military use or training with explosive material will occur4 7#e7 ,provisions regarding the scheduling of training activities conducted within the withdrawn area that restrict mining activities and procedures for deconfliction with mining operations1 including parameters for notification and sanction of anticipated changes to the schedule4 7#f7 ,provisions regarding liability and compensation for damages or injury caused by mining or military training activities4 7#g7 ,provisions for periodic review of the agreement for its adequacy1 effectiveness1 and need for revision4 7#h7 ,procedures for access through mining operations covered by this section to training areas within the boundaries of the ,limestone ,hills ,training ,area4 7#i7 ,procedures for scheduling of the removal of unexploded ordnance4 7d7 ,existing memorandum of agreement ,until such time as the agreement required under subsection 7c7 becomes effective1 the compatible joint use of the lands withdrawn and reserved by section #b shall be governed1 to the extent compatible1 by the terms of the #bjje ,memorandum of ,agreement among the ,montana ,army ,national ,guard1 ,graymont ,western ,,us ,inc4 and the ,bureau of ,land ,management4 #e4 ,grazing 7a7 ,issuance and administration of permits and leases ,the issuance and administration of grazing permits and leases1 including their renewal1 on the public lands withdrawn by section #b shall be managed by the ,secretary of the ,interior consistent with all applicable laws1 regulations1 and policies of the ,secretary of the ,interior relating to such permits and leases4 7b7 ,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 #b1 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 lands4 7c7 ,assignment ,the ,secretary of the ,interior may1 with the agreement of the ,secretary of the ,army1 assign the authority to issue and to administer grazing permits and leases to the ,secretary of the ,army1 except that such an assignment may not include the authority to discontinue grazing on the lands withdrawn by section #b4 #f4 ,duration of withdrawal and reservation ,the military land withdrawal made by section #b shall terminate on ,march #ca1 #bjci4 #g4 ,payments in lieu of taxes ,the lands withdrawn by section #b shall remain eligible as entitlement land under #ca ,u4,s4,c4 #fija4 #h4 ,hunting1 fishing and trapping ,all hunting1 fishing and trapping on the lands withdrawn by section #b shall be conducted in accordance with the provisions of #aj ,u4,s4,c4 #bfga4 #i4 ,water rights 7a7 ,water rights ,nothing in this ,act shall be construed-- 7#a7 to establish a reservation in favor of the ,united ,states with respect to any water or water right on lands withdrawn by section #b2 or 7#b7 to authorize the appropriation of water on lands withdrawn by section #b except in accordance with applicable ,state law4 7b7 ,effect on previously acquired or reserved water rights ,this section shall not be construed to affect any water rights acquired or reserved by the ,united ,states before the date of the enactment of this ,act4 #aj4 ,brush and range fire prevention and suppression 7a7 ,required activities ,the ,secretary of the ,army shall1 consistent with any applicable land management plan1 take necessary precautions to prevent1 and actions to suppress1 brush and range fires occurring as a result of military activities on the lands withdrawn and reserved by section #b1 including fires outside those lands that spread from the withdrawn land and which occurred as a result of such activities4 7b7 ,cooperation of ,secretary of the ,interior ,at the request of the ,secretary of the ,army1 the ,secretary of the ,interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the ,secretary of the ,army4 ,notwithstanding #aj ,u4,s4,c4 #bbae1 the ,secretary of the ,army may transfer to the ,secretary of the ,interior1 in advance1 funds to reimburse the costs of the ,department of the ,interior in providing such assistance4 #aa4 ,on-going decontamination ,during the withdrawal and reservation authorized by section #b1 the ,secretary of the ,army shall maintain1 to the extent funds are available for such purpose1 a program of decontamination of contamination caused by defense-related uses on such lands consistent with applicable ,federal and ,state law4 ,the ,secretary of ,defense shall include a description of such decontamination activities in the annual report required by section #aj ,u4,s4,c4 #bgaa4 #ab4 ,application for renewal of a withdrawal and reservation 7a7 ,notice ,to the extent practicable1 no later than five years before the termination of the withdrawal and reservation made by section #b1 the ,secretary of the ,army shall notify the ,secretary of the ,interior whether the ,secretary of the ,army will have a continuing defense-related need for any of the lands withdrawn and reserved by section #b after the termination date of such withdrawal and reservation4 ,the ,secretary of the ,army shall provide a copy of the notice to the ,committee on ,armed ,services and the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,armed ,services and the ,committee on ,natural ,resources of the ,house of ,representatives4 7b7 ,filing for extension ,if the ,secretary of the ,army concludes that there will be a continuing defense-related need for any of the withdrawn and reserved lands after the termination date1 the ,secretary of the ,army shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the ,department of the ,interior applicable to the extension of withdrawals and reservations4 #ac4 ,limitation on subsequent availability of lands for appropriation ,at the time of termination of a withdrawal and reservation made by section #b1 the previously withdrawn lands shall not be open to any form of appropriation under the public land laws1 including the mining laws and the mineral leasing and geothermal leasing laws1 until the ,secretary of the ,interior publishes in the ,federal ,register an appropriate order specifying the date upon which such lands shall be restored to the public domain and opened for such purposes4 #ad4 ,relinquishment 7a7 ,notice of intention to relinquish ,if1 during the period of withdrawal and reservation under section #b1 the ,secretary of the ,army decides to relinquish any or all of the lands withdrawn and reserved1 the ,secretary of the ,army shall file a notice of intention to relinquish with the ,secretary of the ,interior4 7b7 ,determination of contamination ,as a part of the notice under subsection 7a71 the ,secretary of the ,army shall include a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive materials or toxic or hazardous substances4 7c7 ,public notice ,the ,secretary of the ,interior shall publish in the ,federal ,register the notice of intention to relinquish1 including the determination concerning the contaminated state of the lands4 7d7 ,decontamination of lands to be relinquished 7#a7 ,if land subject of a notice of intention to relinquish pursuant to subsection 7a7 is contaminated1 and the ,secretary of the ,interior1 in consultation with the ,secretary of the ,army1 determines that decontamination is practicable and economically feasible 7taking into consideration the potential future use and value of the land7 and that1 upon decontamination1 the land could be opened to operation of some or all of the public land laws1 including the mining laws and the mineral leasing and geothermal leasing laws1 the ,secretary of the ,army shall decontaminate the land to the extent that funds are appropriated for such purpose4 7#b7 ,if the ,secretary of the ,interior1 after consultation with the ,secretary of the ,army1 concludes that decontamination of land subject of a notice of intention to relinquish pursuant to subsection 7a7 is not practicable or economically feasible1 or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws1 or if ,congress does not appropriate sufficient funds for the decontamination of such land1 the ,secretary of the ,interior shall not be required to accept the land proposed for relinquishment4 7#c7 ,if the ,secretary of the ,interior declines to accept the lands that have been proposed for relinquishment because of their contaminated state1 or if at the expiration of the withdrawal and reservation made by section #b the ,secretary of the ,interior determines that some of the lands withdrawn and reserved are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws-- 7,a7 the ,secretary of the ,army shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands2 7,b7 after the expiration of the withdrawal and reservation1 the ,secretary of the ,army shall undertake no activities on such lands except in connection with decontamination of such lands2 and 7,c7 the ,secretary of the ,army shall 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 paragraph4 7e7 ,revocation authority ,upon deciding that it is in the public interest to accept the lands proposed for relinquishment pursuant to subsection 7a71 the ,secretary of the ,interior may order the revocation of the withdrawal and reservation made by section #b as it applies to such lands4 ,the ,secretary of the ,interior shall publish in the ,federal ,register the revocation order1 which shall-- 7#a7 terminate the withdrawal and reservation2 7#b7 constitute official acceptance of the lands by the ,secretary of the ,interior2 and 7#c7 state the date upon which the lands will be opened to the operation of some or all of the public land laws1 including the mining laws4 7f7 ,acceptance by ,secretary of the ,interior ,nothing in this section shall be construed to require the ,secretary of the ,interior to accept the lands proposed for relinquishment if the ,secretary determines that such lands are not suitable for return to the public domain4 ,if the ,secretary makes such a determination1 the ,secretary shall provide notice of the determination to ,congress4 ,june #bd1 #bjac ,reported from the ,committee on ,natural ,resources with an amendment ,june #bd1 #bjac ,the ,committee on ,armed ,services discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed