Library / Laws / 113th / s / S. 1169 / Reported in Senate
II
Calendar No. 377
113th CONGRESS
2d Session
S. 1169
[Report No. 113–160]
IN THE SENATE OF THE UNITED STATES
June 13, 2013Mr. Baucus (for himself and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
May 14, 2014Reported by Ms. Landrieu, with an amendmentStrike out all after the enacting clause and insert the part printed in italic
A BILL
To withdraw and reserve certain public land in the State of Montana for the Limestone Hills
Training Area, and for other purposes.
1.
Short
title
This Act may be cited as
the Limestone Hills Training Area Withdrawal Act of 2013.
2.
Withdrawal and
reservation of public lands for Limestone Hills Training Area, Montana
(a)
Withdrawal
Subject to valid existing rights and except
as provided in this Act, 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the operation of the public land laws, are hereby withdrawn from all forms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withdrawn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 active 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and interests in lands withdrawn and reserved by this section comprise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)
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
Of the lands
withdrawn by section 2, 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.
(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).
(3)
Opportunity to
cure
Notwithstanding the Act of May 10, 1872 (commonly known as
the General Mining Act of 1872) (20 U.S.C. 22 et seq.) and only
until the Secretary of the Interior publishes an opening order under
section
13, the Secretary of the Interior shall offer a notice and 60-day
opportunity
to cure discrepancies in the original location or the failure to maintain
mining claims within the land area subject to the approved plan of
operations.
(b)
Removal of
unexploded ordnance on lands To be mined
(1)
Removal
activities
Subject to the
availability of funds appropriated for such purpose, the Secretary of the
Army
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 duration of the agreement shall be the
same
as the period of the withdrawal under section 2, but may be amended from
time
to time. 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.
(3) Provisions addressing when military and
other authorized uses of the withdrawn lands will occur.
(4) Provisions
regarding when and where military use or training with explosive material
will
occur.
(5) Provisions
regarding the scheduling of training activities conducted within the
withdrawn
area that restrict mining activities and procedures for deconfliction with
mining operations, including parameters for notification and resolution of
anticipated changes to the schedule.
(6) Provisions
regarding liability and compensation for damages or injury caused by
mining or
military training activities.
(7) Provisions for
periodic review of the agreement for its adequacy, effectiveness, and need
for
revision.
(8) Procedures for
access through mining operations covered by this section to training areas
within the boundaries of the Limestone Hills Training Area.
(9) Procedures for
scheduling of the removal of unexploded ordnance.
(d)
Existing
memorandum of agreement
Until
such time as the agreement required under subsection (c) becomes
effective, the
compatible joint use of the lands withdrawn and reserved by section 2
shall be
governed, to the extent compatible, by the terms of the 2005 Memorandum of
Agreement among the Montana Army National Guard, Graymont Western US,
Inc., and
the Bureau of Land Management.
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.
7.
Payments in lieu
of taxes
The lands withdrawn
by section 2 shall remain eligible as entitlement land under section 6901
of
title 31, United States Code.
8.
Hunting, fishing
and trapping
All hunting,
fishing and trapping on the lands withdrawn by section 2 shall be
conducted in
accordance with section 2671 of title 10, United States Code.
9.
Water
rights
(a)
Water
rights
Nothing in this Act shall be construed—
(1) to establish a
reservation in favor of the United States with respect to any water or
water
right on lands withdrawn by section 2; or
(2) to authorize the
appropriation of water on lands withdrawn by section 2, except in
accordance
with applicable State law.
(b)
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 Act.
10.
Brush and range
fire prevention and suppression
(a)
Required
activities
The Secretary of
the Army shall, consistent with any applicable land management plan, take
necessary precautions to prevent, and actions to suppress, brush and range
fires occurring as a result of military activities on the lands withdrawn
and
reserved by section 2, including fires outside those lands that spread
from the
withdrawn land and which occurred as a result of such activities.
(b)
Cooperation of
secretary of the interior
At the request of the Secretary of the
Army, 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 Army. Notwithstanding section 2215 of title 10, United States Code,
the
Secretary of the Army may transfer to the Secretary of the Interior, in
advance, funds to reimburse the costs of the Department of the Interior in
providing such assistance.
11.
On-going
decontamination
During the
withdrawal and reservation authorized by section 2, the Secretary of the
Army
shall maintain, to the extent funds are available for such purpose, a
program
of decontamination of contamination caused by defense-related uses on such
lands consistent with applicable Federal and State law. The Secretary of
Defense shall include a description of such decontamination activities in
the
annual report required by section 2711 of title 10, United States Code.
12.
Application for
renewal of a withdrawal and reservation
(a)
Notice
To
the extent practicable, no later than five years before the termination of
the
withdrawal and reservation made by section 2, 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 2 after the termination date of such withdrawal and
reservation. 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 Representatives.
(b)
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 date, 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
reservations.
13.
Limitation on
subsequent availability of lands for appropriation
At
the time of termination of a withdrawal and reservation made by section 2,
the
previously withdrawn lands shall not be open to any form of appropriation
under
the public land laws, including the mining laws and the mineral leasing
and
geothermal leasing laws, 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 purposes.
14.
Relinquishment
(a)
Notice of
intention To relinquish
If, during the period of withdrawal and
reservation under section 2, the Secretary of the Army decides to
relinquish
any or all of the lands withdrawn and reserved, the Secretary of the Army
shall
file a notice of intention to relinquish with the Secretary of the
Interior.
(b)
Determination of
contamination
As a part of the notice under subsection (a), 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 substances.
(c)
Public
notice
The Secretary of the Interior shall publish in the Federal
Register the notice of intention to relinquish, including the
determination
concerning the contaminated state of the lands.
(d)
Decontamination
of lands To be relinquished
(1)
Conditions
requiring decontamination
If land 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 Army,
determines that decontamination 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 and the mineral
leasing
and geothermal leasing laws, the Secretary of the Army shall decontaminate
the
land to the extent that funds are appropriated for such purpose.
(2)
Discretion if
conditions not met
If the Secretary of the Interior, after
consultation with the Secretary of the Army, concludes that
decontamination of
land 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 sufficient funds for
the
decontamination of such land, the Secretary of the Interior shall not be
required to accept the land proposed for relinquishment.
(3)
Response
If the Secretary of the Interior declines
to accept the lands that have been proposed for relinquishment because of
their
contaminated state, or if at the expiration of the withdrawal and
reservation
made by section 2 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—
(A) 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 lands;
(B) after the
expiration of the withdrawal and reservation, the Secretary of the Army
shall
undertake no activities on such lands except in connection with
decontamination
of such lands; and
(C) 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 paragraph.
(e)
Revocation
authority
Upon deciding that it is in the public interest to
accept the lands proposed for relinquishment pursuant to subsection (a),
the
Secretary of the Interior may order the revocation of the withdrawal and
reservation made by section 2 as it applies to such lands. The Secretary
of the
Interior shall publish in the Federal Register the revocation order, which
shall—
(1) terminate the
withdrawal and reservation;
(2) constitute
official acceptance of 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 land laws, including the mining laws.
(f)
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 domain. If the Secretary makes such a
determination,
the Secretary shall provide notice of the determination to Congress.
1.
Short
title
This Act may be cited as
the Limestone Hills Training Area Withdrawal Act of 2014.
2.
Withdrawal and
reservation of public lands for Limestone Hills Training Area, Montana
(a)
Withdrawal
Subject to valid existing rights and except
as provided in this Act, 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 active 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)
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
Of the lands
withdrawn by section 2, 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.
(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
Subject to the
availability of funds appropriated for such purpose, the Secretary of the
Army
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 duration of the agreement shall be the
same
as the period of the withdrawal under section 2, but may be amended from
time
to time. 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.
(3) Provisions addressing when military and
other authorized uses of the withdrawn lands will occur.
(4) Provisions
regarding when and where military use or training with explosive material
will
occur.
(5) Provisions
regarding the scheduling of training activities conducted within the
withdrawn
area that restrict mining activities and procedures for deconfliction with
mining operations, including parameters for notification and resolution of
anticipated changes to the schedule.
(6) Procedures for
access through mining operations covered by this section to training areas
within the boundaries of the Limestone Hills Training Area.
(7) Procedures for
scheduling of the removal of unexploded ordnance.
(d)
Existing
memorandum of agreement
Until
such time as the agreement required under subsection (c) becomes
effective, the
compatible joint use of the lands withdrawn and reserved by section 2
shall be
governed, to the extent compatible, by the terms of the 2005 Memorandum of
Agreement among the Montana Army National Guard, Graymont Western US,
Inc., and
the Bureau of Land Management.
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.
7.
Hunting, fishing
and trapping
All hunting,
fishing and trapping on the lands withdrawn by section 2 shall be
conducted in
accordance with section 2671 of title 10, United States Code.
8.
Water
rights
(a)
Water
rights
Nothing in this Act shall be construed—
(1) to establish a
reservation in favor of the United States with respect to any water or
water
right on lands withdrawn by section 2; or
(2) to authorize the
appropriation of water on lands withdrawn by section 2, except in
accordance
with applicable State law.
(b)
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 Act.
9.
Brush and range
fire prevention and suppression
(a)
Required
activities
The Secretary of
the Army shall, consistent with any applicable land management plan, take
necessary precautions to prevent, and actions to suppress, brush and range
fires occurring as a result of military activities on the lands withdrawn
and
reserved by section 2, including fires outside those lands that spread
from the
withdrawn land and which occurred as a result of such activities.
(b)
Cooperation of
secretary of the interior
At the request of the Secretary of the
Army, 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 Army. Notwithstanding section 2215 of title 10, United States Code,
the
Secretary of the Army may transfer to the Secretary of the Interior, in
advance, funds to reimburse the costs of the Department of the Interior in
providing such assistance.
10.
On-going
decontamination
During the
withdrawal and reservation authorized by section 2, the Secretary of the
Army
shall maintain, to the extent funds are available for such purpose, a
program
of decontamination of contamination caused by defense-related uses on such
lands consistent with applicable Federal and State law. The Secretary of
Defense shall include a description of such decontamination activities in
the
annual report required by section 2711 of title 10, United States Code.
11.
Application for
renewal of a withdrawal and reservation
(a)
Notice
To
the extent practicable, no later than five years before the termination of
the
withdrawal and reservation made by section 2, 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 2 after the termination date of such withdrawal and
reservation. 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 Representatives.
(b)
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 date, 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
reservations.
12.
Limitation on
subsequent availability of lands for appropriation
At
the time of termination of a withdrawal and reservation made by section 2,
the
previously withdrawn lands shall not be open to any form of appropriation
under
the public land laws, including the mining laws and the mineral leasing
and
geothermal leasing laws, 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 purposes.
13.
Relinquishment
(a)
Notice of
intention To relinquish
If, during the period of withdrawal and
reservation under section 2, the Secretary of the Army decides to
relinquish
any or all of the lands withdrawn and reserved, the Secretary of the Army
shall
file a notice of intention to relinquish with the Secretary of the
Interior.
(b)
Determination of
contamination
As a part of the notice under subsection (a), 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 substances.
(c)
Public
notice
The Secretary of the Interior shall publish in the Federal
Register the notice of intention to relinquish, including the
determination
concerning the contaminated state of the lands.
(d)
Decontamination
of lands To be relinquished
(1)
Conditions
requiring decontamination
If land 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 Army,
determines that decontamination 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 and the mineral
leasing
and geothermal leasing laws, the Secretary of the Army shall decontaminate
the
land to the extent that funds are appropriated for such purpose.
(2)
Discretion if
conditions not met
If the Secretary of the Interior, after
consultation with the Secretary of the Army, concludes that
decontamination of
land 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 sufficient funds for
the
decontamination of such land, the Secretary of the Interior shall not be
required to accept the land proposed for relinquishment.
(3)
Response
If the Secretary of the Interior declines
to accept the lands that have been proposed for relinquishment because of
their
contaminated state, or if at the expiration of the withdrawal and
reservation
made by section 2 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—
(A) 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 lands;
(B) after the
expiration of the withdrawal and reservation, the Secretary of the Army
shall
undertake no activities on such lands except in connection with
decontamination
of such lands; and
(C) 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 paragraph.
(e)
Revocation
authority
Upon deciding that it is in the public interest to
accept the lands proposed for relinquishment pursuant to subsection (a),
the
Secretary of the Interior may order the revocation of the withdrawal and
reservation made by section 2 as it applies to such lands. The Secretary
of the
Interior shall publish in the Federal Register the revocation order, which
shall—
(1) terminate the
withdrawal and reservation;
(2) constitute
official acceptance of 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 land laws, including the mining laws.
(f)
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 domain. If the Secretary makes such a
determination,
the Secretary shall provide notice of the determination to Congress.
May 14, 2014Reported with an amendment