[House Report 113-121]
[From the U.S. Government Publishing Office]


113th Congress                                            Rept. 113-121
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
              LIMESTONE HILLS TRAINING AREA WITHDRAWAL ACT

                                _______
                                

 June 24, 2013.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1672]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1672) 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, having considered the 
same, report favorably thereon with an amendment and recommend 
that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Limestone Hills Training Area 
Withdrawal Act''.

SEC. 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withdrawn from all forms of appropriation under the public land laws, 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restrictions contained in section 4, the public lands withdrawn by 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.

SEC. 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.

SEC. 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. Of the lands withdrawn by section 2, 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.--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 sanction 
        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.

SEC. 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.

SEC. 6. DURATION OF WITHDRAWAL AND RESERVATION.

  The military land withdrawal made by section 2 shall terminate on 
March 31, 2039.

SEC. 7. PAYMENTS IN LIEU OF TAXES.

  The lands withdrawn by section 2 shall remain eligible as entitlement 
land under 31 U.S.C. 6901.

SEC. 8. HUNTING, FISHING AND TRAPPING.

  All hunting, fishing and trapping on the lands withdrawn by section 2 
shall be conducted in accordance with the provisions of 10 U.S.C. 2671.

SEC. 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.

SEC. 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 10 U.S.C. 
2215, 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.

SEC. 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 10 U.S.C. 2711.

SEC. 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.

SEC. 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.

SEC. 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) 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) 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) 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1672, as ordered reported, is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1672 withdraws, for 25 years, approximately 18,644 
acres of Bureau of Land Management (BLM) land in Broadwater 
County, Montana, for continued use as part of the Montana Army 
Reserve National Guard (MRARNG) Limestone Hills Training Area 
(LHTA), Montana. The bill requires a three-party agreement 
between the Secretary of the Interior, the Secretary of the 
Army and Graymont Western US, Inc., to ensure the continued 
compatible joint-use of this area. Grazing will also continue 
in the withdrawn area when it is not in use by the MTARNG. The 
land affected by the withdrawal will also remain eligible for 
Payments In Lieu of Taxes program, 31 U.S.C. 6901.
    The LHTA is a maneuver and live-fire military training area 
and the primary training area for the MTARNG. The LHTA is 
collocated with an active limestone mine and seasonal grazing 
allotments. In 1984, the MTARNG was inappropriately issued a 
30-year right-of-way (ROW) for the LHTA, which the Bureau of 
Land Management (BLM) in 1993 said would need to be converted 
to a withdrawal. In the interim, a three-party Memorandum of 
Agreement between the MTARNG, BLM and Graymont was devised to 
ensure the collaborative joint-use of the area. To date, all 
parties have successfully operated within the approximately 
18,644 acres to be withdrawn. Should the ROW expire, the MTARNG 
would no longer be able to utilize LHTA for training purposes. 
H.R. 1672 will extend the withdrawal, allowing the MTARNG to 
remain and ensure the continued, collaborative and successful 
joint-use of the LHTA.

                            COMMITTEE ACTION

    H.R. 1672 was introduced on April 23, 2013, by Congressman 
Steve Daines (R-MT). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the 
Subcommittees on Public Lands and Environmental Regulation and 
Energy and Mineral Resources. The bill was also referred to the 
Committee on Armed Services. On April 26, 2013, the 
Subcommittee on Public Lands and Environmental Regulation held 
a hearing on the bill. On May 15, 2013, the Full Natural 
Resources Committee met to consider the bill. The Subcommittees 
on Public Lands and Environmental Regulation and Energy and 
Mineral Resources were discharged by unanimous consent. 
Congressman Rob Bishop (R-UT) offered an amendment designated 
#1 to the bill; the amendment was adopted by unanimous consent. 
No further amendments were offered, and the bill, as amended, 
was then adopted and ordered favorably reported to the House of 
Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 1672--Limestone Hills Training Area Withdrawal Act

    H.R. 1672 would withdraw about 19,000 acres of federal 
lands in Montana from programs to develop geothermal and 
mineral resources. The Army would manage the withdrawn lands 
and use them for military training purposes. Based on 
information provided by the Bureau of Land Management (BLM), 
CBO estimates that implementing the bill would have no 
significant impact on the federal budget. Enacting H.R. 1672 
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures do not apply.
    Under current law, the affected lands are subject to a 
temporary right-of-way that allows the Army to use those lands 
for military training purposes. H.R. 1672 would prohibit 
certain activities that could generate receipts on the affected 
lands in the future (such receipts are accounted for in the 
budget as decreases in direct spending); however, because CBO 
expects that those lands would not generate any receipts over 
the next 10 years, we estimate that enacting the bill would not 
affect direct spending.
    In addition, because the affected lands are already managed 
by the federal government, we estimate that implementing the 
legislation would not affect the costs of managing those lands. 
Finally, CBO estimates that any additional costs to prepare the 
legal description of the affected lands, as required under the 
bill, would total less than $5,000, subject to the availability 
of appropriated funds.
    H.R. 1672 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. Based on 
information provided by the Bureau of Land Management, CBO 
estimates that implementing the bill would have no significant 
impact on the federal budget.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is 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.

                           EARMARK STATEMENT

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                       COMPLIANCE WITH H. RES. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.