[House Report 113-123]
[From the U.S. Government Publishing Office]


113th Congress                                            Rept. 113-123
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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      JOHNSON VALLEY NATIONAL OFF-HIGHWAY VEHICLE RECREATION AREA 
                           ESTABLISHMENT 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. 1676]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1676) to designate the Johnson Valley National 
Off-Highway Vehicle Recreation Area in San Bernardino County, 
California, to authorize limited military use of the area, to 
provide for the transfer of the Southern Study Area to the 
administrative jurisdiction of the Secretary of the Navy for 
inclusion in the Marine Corps Air Ground Combat Center 
Twentynine Palms, and by recreational users, 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 ``Johnson Valley National Off-Highway 
Vehicle Recreation Area Establishment Act''.

SEC. 2. DESIGNATION OF JOHNSON VALLEY NATIONAL OFF-HIGHWAY VEHICLE 
                    RECREATION AREA.

  (a) Designation.--The approximately 188,000 acres of public land and 
interests in land administered by the Secretary of the Interior through 
the Bureau of Land Management in San Bernardino County, California, as 
generally depicted as the ``Johnson Valley Off-Highway Vehicle 
Recreation Area'' on the map titled ``Johnson Valley National Off-
Highway Vehicle Recreation Area and Transfer of the Southern Study 
Area'' and dated April 11, 2013, are hereby designated as the ``Johnson 
Valley National Off-Highway Vehicle Recreation Area''.
  (b) Recreational and Conservation Use.--The Johnson Valley National 
Off-Highway Vehicle Recreation Area is designated for the following 
purposes:
          (1) Public recreation (including off-highway vehicle use, 
        camping, and hiking) when the lands are not used for military 
        training as authorized by section 3.
          (2) Natural resources conservation.
  (c) Withdrawal.--The public land and interests in land included in 
the Johnson Valley National Off-Highway Vehicle Recreation Area 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.
  (d) Treatment of Existing Rights.--The designation of the Johnson 
Valley National Off-Highway Vehicle Recreation Area and the withdrawal 
of the public land and interests in land included in the Recreation 
Area are subject to valid existing rights.

SEC. 3. LIMITED BIANNUAL MARINE CORPS AIR GROUND COMBAT CENTER 
                    TWENTYNINE PALMS USE OF JOHNSON VALLEY NATIONAL 
                    OFF-HIGHWAY VEHICLE RECREATION AREA.

  (a) Use for Military Purposes Authorized.--Subject to subsection (b), 
the Secretary of the Interior shall authorize the Secretary of the Navy 
to utilize portions of Johnson Valley National Off-Highway Vehicle 
Recreation Area twice in each calendar year for up to a total of 60 
days per year for the following purposes:
          (1) Sustained, combined arms, live-fire, and maneuver field 
        training for large-scale Marine air-ground task forces.
          (2) Individual and unit live-fire training ranges.
          (3) Equipment and tactics development.
          (4) Other defense-related purposes consistent with the 
        purposes specified in the preceding paragraphs.
  (b) Conditions on Military Use.--
          (1) Consultation and public participation requirements.--
        Before the Secretary of the Navy requests the two time periods 
        for military use of the Johnson Valley National Off-Highway 
        Vehicle Recreation Area in a calendar year, the Secretary of 
        the Navy shall--
                  (A) consult with the Secretary of the Interior 
                regarding the best times for military use to reduce 
                interference with or interruption of nonmilitary 
                activities authorized by section 2(b); and
                  (B) provide for public awareness of and participation 
                in the selection process.
          (2) Public notice.--The Secretary of the Navy shall provide 
        advance, wide-spread notice before any closure of public lands 
        for military use under this section.
          (3) Public safety.--Military use of the Johnson Valley 
        National Off-Highway Vehicle Recreation Area during the 
        biannual periods authorized by subsection (a) shall be 
        conducted in the presence of sufficient range safety officers 
        to ensure the safety of military personnel and civilians.
          (4) Certain types of ordnance prohibited.--The Secretary of 
        the Navy shall prohibit the use of dud-producing ordnance in 
        any military training conducted under subsection (a).
  (c) Implementing Agreement.--
          (1) Agreement required; required terms.--The Secretary of the 
        Interior and the Secretary of the Navy shall enter into a 
        written agreement to implement this section. The agreement 
        shall include a provision for periodic review of the agreement 
        for its adequacy, effectiveness, and need for revision.
          (2) Additional terms.--The agreement may provide for--
                  (A) the integration of the management plans of the 
                Secretary of the Interior and the Secretary of the 
                Navy;
                  (B) delegation to civilian law enforcement personnel 
                of the Department of the Navy of the authority of the 
                Secretary of the Interior to enforce the laws relating 
                to protection of natural and cultural resources and of 
                fish and wildlife; and
                  (C) the sharing of resources in order to most 
                efficiently and effectively manage the lands.
  (d) Duration.--Any agreement for the military use of the Johnson 
Valley National Off-Highway Vehicle Recreation Area shall terminate not 
later than March 31, 2039.

SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION, SOUTHERN STUDY AREA, 
                    MARINE CORPS AIR GROUND COMBAT CENTER TWENTYNINE 
                    PALMS, CALIFORNIA.

  (a) Transfer Required.--Not later than September 30, 2014, the 
Secretary of the Interior shall transfer, without reimbursement, to the 
administrative jurisdiction of the Secretary of the Navy certain public 
land administered by the Bureau of Land Management consisting of 
approximately 20,000 acres in San Bernardino County, California, as 
generally depicted as the ``Southern Study Area'' on the map referred 
to in section 2.
  (b) Use of Transferred Land.--Upon the receipt of the land under 
subsection (a), the Secretary of the Navy shall include the land as 
part of the Marine Corps Air Ground Combat Center Twentynine Palms, 
California, and authorize use of the land for military purposes.
  (c) Legal Description and Map.--
          (1) Preparation and publication.--The Secretary of the 
        Interior shall publish in the Federal Register a legal 
        description and map of the public land to be transferred under 
        subsection (a).
          (2) Force of law.--The legal description and map filed 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 clerical and typographical errors in the legal 
        description and map.
  (d) Reimbursement of Costs.--The Secretary of the Navy shall 
reimburse the Secretary of the Interior for any costs incurred by the 
Secretary of the Interior to carry out this section.

SEC. 5. 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 transferred 
        by this Act; or
          (2) to authorize the appropriation of water on lands 
        transferred by this Act 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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1676, as ordered reported, is to 
designate the Johnson Valley National Off-Highway Vehicle 
Recreation Area in San Bernardino County, California, to 
authorize limited military use of the area, and to provide for 
the transfer of the Southern Study Area to the administrative 
jurisdiction of the Secretary of the Navy for inclusion in the 
Marine Corps Air Ground Combat Center Twentynine Palms, and by 
recreational users.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1676 withdraws, subject to valid existing rights, and 
designates approximately 188,000 acres of Bureau of Land 
Management (BLM) land in San Bernardino County, California, as 
the Johnson Valley National Off-Highway Vehicle (OHV) 
Recreation Area. In addition to public recreation, the bill 
allows for limited biannual military training by the U.S. 
Marine Corps (USMC) for up to 60 days per year. The bill also 
directs the Secretary of the Interior to transfer approximately 
20,000 acres of BLM land in San Bernardino County, California, 
to the Secretary of the Navy for inclusion as part of the 
Marine Corps Air Ground Combat Center Twentynine Palms, 
California.
    Designated as an OHV area under the 1980 Desert 
Conservation Plan, Johnson Valley is the largest OHV recreation 
area in the U.S. and is managed by the BLM. The open area is 
used year-round by OHV enthusiasts and a myriad of other 
recreationists. It is home to popular King of the Hammers race 
and numerous events that draw thousands of motorized recreation 
competitors and spectators to the area every year, injecting 
millions of dollars into the local economy.
    In 2004, the USMC identified the need to train a brigade-
level expeditionary force of about 15,000 troops during two 
months of the year and focused on the Twentynine Palms Land 
Acquisition and Airspace Establishment to Support Large-Scale 
Marine Air Ground Task Force Live-Fire and Maneuver Training at 
the Marine Corps Air Ground Combat Center, in California. 
Funding for the expansion of the area was included in the 
appropriations laws for fiscal years 2011 and 2012. In 2008, 
the USMC embarked on a four-year environmental impact study 
which ended in February 2013 with a formal request to Congress 
to withdraw for the USMC's use approximately 165,000 of the 
188,000 acres of the Johnson Valley OHV Recreation Area. The 
preferred alternative called for an approximately 40,000 acre 
shared-use area, allowing the USMC to train using non-dud 
producing ordinance for two months of the year. The shared-use 
area would remain open for OHV and multiple-use for the 
remaining 10 months. However, this proposal was found to be 
untenable, contentious and opposed by the OHV community. H.R. 
1676 ensures a balanced approach to meet the future training 
needs of the USMC and the continued demand for OHV and other 
recreation in the area, with its subsequent economic benefits.

                            COMMITTEE ACTION

    H.R. 1676 was introduced on April 23, 2013, by Congressman 
Paul Cook (R-CA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Public Lands and Environmental Regulation. 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 Subcommittee 
on Public Lands and Environmental Regulation was discharged by 
unanimous consent. Congressman Rob Bishop (R-UT) offered an 
amendment designated #1 to the bill; the amendment was adopted 
by voice vote. Congressman Raul Grijalva (D-AZ) offered an 
amendment designated .001 to the bill; the amendment was not 
adopted by voice vote. No further amendments were offered, and 
the bill, as amended, was then adopted and ordered favorably 
reported to the House of Representatives by voice vote.

            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. 1676--Johnson Valley National Off-Highway Vehicle Recreation Area 
        Establishment Act

    H.R. 1676 would establish the Johnson Valley National Off-
Highway Vehicle Recreation Area on approximately 188,000 acres 
of public land in San Bernardino County, California. The 
legislation also would authorize up to two military exercises 
to be held in the recreation area that would not exceed a total 
of 42 days each year. H.R. 1676 also would transfer the 
administrative jurisdiction for about 20,000 acres from the 
Bureau of Land Management (BLM) to the Navy.
    Based on information provided by BLM, CBO estimates that 
implementing the legislation would have no significant impact 
on the federal budget. BLM currently allows off-highway 
vehicles to use this property, and CBO estimates that 
implementing the legislation would not significantly affect 
BLM's operating costs. Enacting H.R. 1676 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    H.R. 1676 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Martin von 
Gnechten. 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 BLM, CBO estimates that implementing 
the legislation would have no significant impact on the federal 
budget. BLM currently allows off-highway vehicles to use this 
property, and CBO estimates that implementing the legislation 
would not significantly affect BLM's operating costs.
    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 designate 
the Johnson Valley National Off-Highway Vehicle Recreation Area 
in San Bernardino County, California, to authorize limited 
military use of the area, and to provide for the transfer of 
the Southern Study Area to the administrative jurisdiction of 
the Secretary of the Navy for inclusion in the Marine Corps Air 
Ground Combat Center Twentynine Palms, and by recreational 
users.

                           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.