[House Report 113-123] [From the U.S. Government Publishing Office] 113th Congress Rept. 113-123 HOUSE OF REPRESENTATIVES 1st Session Part 1 ====================================================================== 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.![]()