[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2383 Reported in Senate (RS)]
<DOC>
Calendar No. 625
114th CONGRESS
2d Session
S. 2383
[Report No. 114-349]
To withdraw certain Bureau of Land Management land in the State of Utah
from all forms of public appropriation, to provide for the shared
management of the withdrawn land by the Secretary of the Interior and
the Secretary of the Air Force to facilitate enhanced weapons testing
and pilot training, enhance public safety, and provide for continued
public access to the withdrawn land, to provide for the exchange of
certain Federal land and State land, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 10, 2015
Mr. Hatch (for himself and Mr. Lee) introduced the following bill;
which was read twice and referred to the Committee on Energy and
Natural Resources
September 13, 2016
Reported by Ms. Murkowski, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To withdraw certain Bureau of Land Management land in the State of Utah
from all forms of public appropriation, to provide for the shared
management of the withdrawn land by the Secretary of the Interior and
the Secretary of the Air Force to facilitate enhanced weapons testing
and pilot training, enhance public safety, and provide for continued
public access to the withdrawn land, to provide for the exchange of
certain Federal land and State land, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Utah Test
and Training Range Encroachment Prevention and Temporary Closure
Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Definitions.
<DELETED>TITLE I--UTAH TEST AND TRAINING RANGE
<DELETED>Sec. 101. Management of BLM land.
<DELETED>Sec. 102. Temporary closures.
<DELETED>Sec. 103. Community resource group.
<DELETED>Sec. 104. Liability.
<DELETED>Sec. 105. Effects of title.
<DELETED>TITLE II--LAND EXCHANGE
<DELETED>Sec. 201. Findings and purpose.
<DELETED>Sec. 202. Definitions.
<DELETED>Sec. 203. Exchange of Federal land and non-Federal land.
<DELETED>Sec. 204. Status and management of non-Federal land after
exchange.
<DELETED>Sec. 205. Hazardous materials.
<DELETED>TITLE III--HIGHWAY RIGHTS-OF-WAY
<DELETED>Sec. 301. Recognition and transfer of certain highway rights-
of-way.
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) the testing and development of military
weapons systems and the training of military forces are
critical to ensuring the national security of the United
States;</DELETED>
<DELETED> (2) the Utah Test and Training Range is a unique
and irreplaceable national asset at the core of the test and
training mission of the Department of Defense;</DELETED>
<DELETED> (3) continued access to the special use airspace
and land that comprise the Utah Test and Training Range, under
the terms and conditions described in this Act is a national
security priority;</DELETED>
<DELETED> (4) multiple use of, sustained yield activities
on, and access to the BLM land are vital to the customs,
culture, economy, ranching, grazing, and transportation
interests of the counties in which the BLM land is situated;
and</DELETED>
<DELETED> (5) the limited use by the military of the BLM
land and airspace above the BLM land is vital to improving and
maintaining the readiness of the Armed Forces.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) BLM land.--The term ``BLM land'' means the
Bureau of Land Management land in the State comprising
approximately 625,643 acres, as generally depicted on the map
entitled ``Utah Test and Training Range Enhancement/West Desert
Land Exchange'' and dated October 28, 2015.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (3) State.--The term ``State'' means the State of
Utah.</DELETED>
<DELETED> (4) Utah test and training range.--</DELETED>
<DELETED> (A) In general.--The term ``Utah Test and
Training Range'' means the portions of the military
land and airspace operating area of the Utah Test and
Training Area that are located in the State.</DELETED>
<DELETED> (B) Inclusion.--The term ``Utah Test and
Training Range'' includes the Dugway Proving
Ground.</DELETED>
<DELETED>TITLE I--UTAH TEST AND TRAINING RANGE</DELETED>
<DELETED>SEC. 101. MANAGEMENT OF BLM LAND.</DELETED>
<DELETED> (a) Memorandum of Agreement.--</DELETED>
<DELETED> (1) Draft.--</DELETED>
<DELETED> (A) In general.--Not later than 90 days
after the date of enactment of this Act, the Secretary
and the Secretary of the Air Force shall complete a
draft of the memorandum of agreement required under
paragraph (2).</DELETED>
<DELETED> (B) Public comment period.--During the 30-
day period beginning on the date on which the draft
memorandum of agreement is completed under subparagraph
(A), there shall be an opportunity for public comment
on the draft memorandum of agreement, including an
opportunity for the Utah Test and Training Range
Community Resource Group established under section
103(a) to provide comments on the draft memorandum of
agreement.</DELETED>
<DELETED> (2) Requirement; deadline.--</DELETED>
<DELETED> (A) In general.--Not later than 180 days
after the date of enactment of this Act, the Secretary
and the Secretary of the Air Force shall enter into a
memorandum of agreement that provides for the continued
management of the BLM land by the Secretary, in a
manner that provides for the limited use of the BLM
land by the Secretary of the Air Force, consistent with
this Act.</DELETED>
<DELETED> (B) Signatures required.--The terms of the
memorandum of agreement, including a temporary closure
of the BLM land under the memorandum of agreement, may
not be carried out until the date on which all parties
to the memorandum of agreement have signed the
memorandum of agreement.</DELETED>
<DELETED> (3) Management by secretary.--The memorandum of
agreement under paragraph (2) shall provide that the Secretary
(acting through the Director of the Bureau of Land Management)
shall continue to manage the BLM land--</DELETED>
<DELETED> (A) as land described in section
6901(1)(B) of title 31, United States Code;</DELETED>
<DELETED> (B) for multiple use and sustained yield
goals and activities as required under sections
102(a)(7) and 202(c)(1) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701(a)(7),
1712(c)(1)) and defined in sections 103 of that Act (43
U.S.C. 1702), including all principal or major uses on
Federal land recognized pursuant to the definition of
the term in section 103 of that Act (43 U.S.C.
1702);</DELETED>
<DELETED> (C) in accordance with section 202 of the
Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712); and</DELETED>
<DELETED> (D) subject to use by the Secretary of the
Air Force provided under section 102 for--</DELETED>
<DELETED> (i) the preservation of the Utah
Test and Training Range against current and
future encroachments that the Secretary of the
Air Force finds to be incompatible with current
and future test and training
requirements;</DELETED>
<DELETED> (ii) the testing of--</DELETED>
<DELETED> (I) advanced weapon
systems, including current weapons
systems, 5th generation weapon systems,
and future weapon systems;
and</DELETED>
<DELETED> (II) the standoff distance
for weapons;</DELETED>
<DELETED> (iii) the testing and evaluation
of hypersonic weapons;</DELETED>
<DELETED> (iv) increased public safety for
civilians accessing the BLM land; and</DELETED>
<DELETED> (v) other purposes relating to
meeting national security needs.</DELETED>
<DELETED> (b) Map.--The Secretary may correct any minor errors in
the map described in section 3(1).</DELETED>
<DELETED> (c) Land Use Plans.--Any land use plan in existence on the
date of enactment of this Act that applies to the BLM land shall
continue to apply to the BLM land.</DELETED>
<DELETED> (d) Maintain Current Uses.--</DELETED>
<DELETED> (1) In general.--Notwithstanding subsection
(a)(3)(D), the memorandum of agreement entered into under
subsection (a) and the land use plans described in subsection
(c) shall not diminish any major or principle use that is
recognized pursuant to section 103(l) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1702(l)), except
to the extent authorized in subsection (a).</DELETED>
<DELETED> (2) Actions by secretary of the air force.--The
Secretary of the Air Force shall--</DELETED>
<DELETED> (A) if corrective action is necessary due
to an action of the Air Force, as determined by the
Secretary of the Air Force, render the BLM land safe
for public use; and</DELETED>
<DELETED> (B) appropriately communicate the safety
of the land to the Secretary once the BLM land is
rendered safe for public use.</DELETED>
<DELETED> (e) Grazing.--</DELETED>
<DELETED> (1) New grazing leases and permits.--</DELETED>
<DELETED> (A) In general.--The Secretary shall issue
and administer any new grazing lease or permit on the
BLM land, in accordance with applicable law (including
regulations) and other authorities applicable to
livestock grazing on Bureau of Land Management
land.</DELETED>
<DELETED> (B) Non-federal land levels.--The
Secretary (acting through the Director of the Bureau of
Land Management) shall continue to issue and administer
livestock grazing leases and permits on the non-Federal
land described in section 202(3), subject to the
requirements described in subparagraphs (A) through (C)
of paragraph (2).</DELETED>
<DELETED> (2) Existing grazing leases and permits.--Any
livestock grazing lease or permit applicable to the BLM land
that is in existence on the date of enactment of this Act shall
continue in effect--</DELETED>
<DELETED> (A) at the number of permitted animal unit
months authorized under current applicable land use
plans;</DELETED>
<DELETED> (B) if range conditions permit, at levels
greater than the level of active use; and</DELETED>
<DELETED> (C) subject to such reasonable increases
and decreases of active use of animal unit months and
other reasonable regulations, policies, and practices
as the Secretary may consider appropriate based on
rangeland conditions.</DELETED>
<DELETED> (f) Memorandum of Understanding on Emergency Access and
Response.--Nothing in this section precludes the continuation of the
memorandum of understanding that is between the Department of the
Interior and the Department of the Air Force with respect to emergency
access and response, as in existence as of the date of enactment of
this Act.</DELETED>
<DELETED> (g) Withdrawal.--Subject to valid existing rights, the BLM
land is withdrawn from all forms of appropriation under the public land
laws, including the mining laws, the mineral leasing laws, and the
geothermal leasing laws.</DELETED>
<DELETED> (h) Limitation on Future Rights-of-Way or Use Permits.--
The Secretary may not issue any new use permits or rights-of-way on the
BLM land for any purposes that the Secretary of the Air Force
determines to be incompatible with current or projected military
requirements, with consideration given to the rangeland improvements
under section 105(h).</DELETED>
<DELETED> (i) Grazing and Ranching.--Efforts described in this Act
to facilitate grazing and ranching on the BLM land and the non-Federal
land described in section 202(3) shall be considered to be compatible
with mission requirements of the Utah Test and Training
Range.</DELETED>
<DELETED>SEC. 102. TEMPORARY CLOSURES.</DELETED>
<DELETED> (a) In General.--If the Secretary of the Air Force
determines that military operations (including operations relating to
the fulfillment of the mission of the Utah Test and Training Range),
public safety, or national security require the temporary closure to
public use of any road, trail, or other portion of the BLM land, the
Secretary of the Air Force may take such action as the Secretary of the
Air Force determines necessary to carry out the temporary
closure.</DELETED>
<DELETED> (b) Limitations.--Any temporary closure under subsection
(a)--</DELETED>
<DELETED> (1) shall be limited to the minimum areas and
periods during which the Secretary of the Air Force determines
are required to carry out a closure under this
section;</DELETED>
<DELETED> (2) shall not occur on a State or Federal holiday,
unless notice is provided in accordance with subsection
(c)(1)(B);</DELETED>
<DELETED> (3) shall not occur on a Friday, Saturday, or
Sunday, unless notice is provided in accordance with subsection
(c)(1)(B); and</DELETED>
<DELETED> (4)(A) if practicable, shall be for not longer
than a 3-hour period per day;</DELETED>
<DELETED> (B) shall only be for longer than a 3-hour period
per day--</DELETED>
<DELETED> (i) for mission essential reasons;
and</DELETED>
<DELETED> (ii) as infrequently as practicable and in
no case for more than 10 days per year; and</DELETED>
<DELETED> (C) shall in no case be for longer than a 6-hour
period per day.</DELETED>
<DELETED> (c) Notice.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraph
(2), the Secretary of the Air Force shall--</DELETED>
<DELETED> (A) keep appropriate warning notices
posted before and during any temporary closure;
and</DELETED>
<DELETED> (B) provide notice to the Secretary,
public, and relevant stakeholders concerning the
temporary closure--</DELETED>
<DELETED> (i) at least 30 days before the
date on which the temporary closure goes into
effect;</DELETED>
<DELETED> (ii) in the case of a closure
during the period beginning on March 1 and
ending on May 31, at least 60 days before the
date on which the closure goes into effect;
or</DELETED>
<DELETED> (iii) in the case of a closure
described in paragraph (3) or (4) of subsection
(b), at least 90 days before the date on which
the closure goes into effect.</DELETED>
<DELETED> (2) Special notification procedures.--In each case
for which a mission-unique security requirement does not allow
for the notifications described in paragraph (1)(B), the
Secretary of the Air Force shall work with the Secretary to
achieve a mutually agreeable timeline for
notification.</DELETED>
<DELETED> (d) Maximum Annual Closures.--The total cumulative hours
of temporary closures authorized under this section with respect to the
BLM land shall not exceed 100 hours annually.</DELETED>
<DELETED> (e) Prohibition on Certain Temporary Closures.--The
northernmost area identified as ``Newfoundland's'' on the map described
in section 3(1) shall not be subject to any temporary closure between
August 21 and February 28, in accordance with the lawful hunting
methods and seasons of the State of Utah.</DELETED>
<DELETED> (f) Emergency Ground Response.--A temporary closure of a
portion of the BLM land shall not affect the conduct of emergency
response activities on the BLM land during the temporary
closure.</DELETED>
<DELETED> (g) Law Enforcement and Security.--The Secretary and the
Secretary of the Air Force may enter into cooperative agreements with
State and local law enforcement officials with respect to lawful
procedures and protocols to be used in promoting public safety and
operation security on or near the BLM land during noticed test and
training periods.</DELETED>
<DELETED> (h) Livestock.--Livestock shall be allowed to remain on
the BLM land during a temporary closure of the BLM land under this
section.</DELETED>
<DELETED>SEC. 103. COMMUNITY RESOURCE GROUP.</DELETED>
<DELETED> (a) Establishment.--Not later than 60 days after the date
of enactment of this Act, there shall be established the Utah Test and
Training Range Community Resource Group (referred to in this section as
the ``Community Group'') to provide regular and continuing input to the
Secretary and the Secretary of the Air Force on matters involving
public access to, use of, and overall management of the BLM
land.</DELETED>
<DELETED> (b) Membership.--</DELETED>
<DELETED> (1) In general.--The Secretary (acting through the
State Bureau of Land Management Office) shall appoint members
to the Community Group, including--</DELETED>
<DELETED> (A) operational and land management
personnel of the Air Force;</DELETED>
<DELETED> (B) 1 Indian representative, to be
nominated by a majority vote conducted among the Indian
tribes in the vicinity of the BLM land;</DELETED>
<DELETED> (C) not more than 2 county commissioners
from each of Box Elder, Tooele, and Juab Counties,
Utah;</DELETED>
<DELETED> (D) 2 representatives of off-road and
highway use, hunting, and other recreational
groups;</DELETED>
<DELETED> (E) 2 representatives of livestock grazers
on any public land located within the BLM
land;</DELETED>
<DELETED> (F) 1 representative of the Utah
Department of Agriculture and Food; and</DELETED>
<DELETED> (G) not more than 3 representatives of
State or Federal offices or agencies, or private
groups, if the Secretary determines that such
representatives would further the goals and objectives
of the Community Group.</DELETED>
<DELETED> (2) Chairperson.--The members described in
paragraph (1) shall elect from among the members of the
Community Group--</DELETED>
<DELETED> (A) 1 member to serve as Chairperson of
the Community Group; and</DELETED>
<DELETED> (B) 1 member to serve as Vice-Chairperson
of the Community Group.</DELETED>
<DELETED> (c) Conditions and Terms of Appointment.--</DELETED>
<DELETED> (1) In general.--Each member of the Community
Group shall serve voluntarily and without
remuneration.</DELETED>
<DELETED> (2) Term of appointment.--</DELETED>
<DELETED> (A) In general.--Each member of the
Community Group shall be appointed for a term of 4
years.</DELETED>
<DELETED> (B) Original members.--Notwithstanding
subparagraph (A), the Chairperson shall select \1/2\ of
the original members of the Community Group to serve
for a term of 4 years and the \1/2\ to serve for a term
of 2 years to ensure the replacement of members shall
be staggered from year to year.</DELETED>
<DELETED> (C) Reappointment and replacement.--The
Secretary may reappoint or replace a member of the
Community Group appointed under subsection (b)(1), if--
</DELETED>
<DELETED> (i) the term of the member has
expired;</DELETED>
<DELETED> (ii) the member has retired;
or</DELETED>
<DELETED> (iii) the position held by the
member described in subparagraph (A) through
(G) of paragraph (1) has changed to the extent
that the ability of the member to represent the
group or entity that the member represents has
been significantly affected.</DELETED>
<DELETED> (d) Meetings.--</DELETED>
<DELETED> (1) In general.--The Community Group shall meet
not less than once per year, and at such other frequencies as
determined by five or more of the members of the Community
Group.</DELETED>
<DELETED> (2) Responsibilities of community group.--The
Community Group shall be responsible for determining
appropriate schedules for, details of, and actions for meetings
of the Community Group.</DELETED>
<DELETED> (3) Notice.--The Chairperson shall provide notice
to each member of the Community Group not less than 10 business
days before the date of a scheduled meeting.</DELETED>
<DELETED> (4) Exempt from federal advisory committee act.--
The Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to meetings of the Community Group.</DELETED>
<DELETED> (e) Coordination With Recommendations of Community
Group.--The Secretary and Secretary of the Air Force, consistent with
existing laws (including regulations), shall take under consideration
recommendations from the Community Group.</DELETED>
<DELETED> (f) Termination of Authority.--The Community Group shall
terminate on the date that is 10 years after the date of enactment of
this Act, unless the Secretary and the Community Group mutually elect
to terminate the Community Group before that date.</DELETED>
<DELETED> (g) Renewal.--The Community Group may elect, by simple
majority, to renew the term of the Community Group for 10 years, upon
or within 90 days of termination, with the option to renew every 10
years thereafter.</DELETED>
<DELETED>SEC. 104. LIABILITY.</DELETED>
<DELETED> The United States (including all departments, agencies,
officers, and employees of the United States) shall be held harmless
and shall not be liable for any injury or damage to any individual or
property suffered in the course of any mining, mineral, or geothermal
activity, or any other authorized nondefense-related activity,
conducted on the BLM land.</DELETED>
<DELETED>SEC. 105. EFFECTS OF TITLE.</DELETED>
<DELETED> (a) Effect on Weapon Impact Area.--Nothing in this title
expands the boundaries of the weapon impact area of the Utah Test and
Training Range.</DELETED>
<DELETED> (b) Effect on Special Use Airspace and Training Routes.--
Nothing in this title precludes--</DELETED>
<DELETED> (1) the designation of new units of special use
airspace; or</DELETED>
<DELETED> (2) the expansion of existing units of special use
airspace.</DELETED>
<DELETED> (c) Effect on Existing Rights and Agreements.--</DELETED>
<DELETED> (1) Knolls special recreation management area; blm
community pits central grayback and south grayback.--Except as
provided in section 102, nothing in this title limits or alters
any existing right or right of access to--</DELETED>
<DELETED> (A) the Knolls Special Recreation
Management Area; or</DELETED>
<DELETED> (B)(i) the Bureau of Land Management
Community Pits Central Grayback and South Grayback;
and</DELETED>
<DELETED> (ii) any other county or community pit
located within close proximity to the BLM
land.</DELETED>
<DELETED> (2) National historic trails and other historical
landmarks.--Except as provided in section 102, nothing in this
title limits or alters any existing right or right of access to
a component of the National Trails System or other Federal or
State historic landmarks within the BLM land, including the
California National Historic Trail, the Pony Express National
Historic Trail, or the GAPA Launch Site and
Blockhouse.</DELETED>
<DELETED> (3) Closure of interstate 80.--Nothing in this
title authorizes any additional authority or right to the
Secretary or the Secretary of the Air Force to temporarily
close Interstate 80.</DELETED>
<DELETED> (4) Effect on limitation on amendments to certain
individual resource management plans.--Nothing in this title
affects the limitation established under section 2815(d) of the
National Defense Authorization Act for Fiscal Year 2000 (Public
Law 106-65; 113 Stat. 852).</DELETED>
<DELETED> (5) Effect on memorandum of understanding.--
Nothing in this title affects the memorandum of understanding
entered into by the Air Force, the Bureau of Land Management,
the Utah Department of Natural Resources, and the Utah Division
of Wildlife Resources relating to the reestablishment of
bighorn sheep in the Newfoundland Mountains and signed by the
parties to the memorandum of understanding during the period
beginning on January 24, 2000, and ending on February 4,
2000.</DELETED>
<DELETED> (6) Effect on existing military special use
airspace agreement.--Nothing in this title limits or alters the
Military Operating Areas of Airspace Use Agreement between the
Federal Aviation Administration and the Air Force in effect on
the date of enactment of this Act.</DELETED>
<DELETED> (d) Effect on Water Rights.--</DELETED>
<DELETED> (1) No reservation created.--Nothing in this
title--</DELETED>
<DELETED> (A) establishes any reservation in favor
of the United States with respect to any water or water
right on the BLM land; or</DELETED>
<DELETED> (B) authorizes any appropriation of water
on the BLM land, except in accordance with applicable
State law.</DELETED>
<DELETED> (2) Previously acquired and reserved water
rights.--Nothing in this title affects--</DELETED>
<DELETED> (A) any water right acquired or reserved
by the United States before the date of enactment of
this Act; or</DELETED>
<DELETED> (B) the authority of the Secretary or the
Secretary of the Air Force, as applicable, to exercise
any water right described in subparagraph
(A).</DELETED>
<DELETED> (3) No effect on mccarran amendment.--Nothing in
this title diminishes, enhances, or otherwise affects in any
way the rights, duties, and obligations of the United States,
the State of Utah, the counties in which the BLM land is
situated, and the residents and stakeholders in those counties
under section 208 of the Act of July 10, 1952 (commonly known
as the ``McCarran Amendment'') (43 U.S.C. 666).</DELETED>
<DELETED> (e) Effect on Federally Recognized Indian Tribes.--
</DELETED>
<DELETED> (1) In general.--Nothing in this title alters any
right reserved by treaty or Federal law for a federally
recognized Indian tribe for tribal use.</DELETED>
<DELETED> (2) Consultation.--The Secretary of the Air Force
shall consult with any federally recognized Indian tribe in the
vicinity of the BLM land before taking any action that will
affect any tribal right or cultural resource protected by
treaty or Federal law.</DELETED>
<DELETED> (f) Effect on Payments in Lieu of Taxes.--</DELETED>
<DELETED> (1) Eligibility of blm land and non-federal
land.--The BLM land and the non-Federal land described in
section 202(3) shall remain eligible as entitlement land under
section 6901 of title 31, United States Code.</DELETED>
<DELETED> (2) No prejudice to county payment in lieu of
taxes rights.--Nothing in this title diminishes, enhances, or
otherwise affects any other right or entitlement of the
counties in which the BLM land is situated to payments in lieu
of taxes based on the BLM land, under section 6901 of title 31,
United States Code.</DELETED>
<DELETED> (g) Wildlife Guzzlers.--</DELETED>
<DELETED> (1) In general.--The Bureau of Land Management and
the Utah Division of Wildlife Resources shall continue the
management of wildlife guzzlers in existence as of the date of
enactment of this Act on the BLM land.</DELETED>
<DELETED> (2) New guzzlers.--Nothing in this title prevents
the Bureau of Land Management and the Utah Division of Wildlife
Resources from entering into agreements for new wildlife
guzzlers.</DELETED>
<DELETED> (3) Acquired guzzlers.--The Secretary shall
continue to manage existing wildlife guzzlers or wildlife
improvements on the non-Federal land conveyed to the Secretary
under section 203(a) that were in existence on the day before
the date of the conveyance.</DELETED>
<DELETED> (h) Rangeland Improvements.--The Secretary shall continue
to manage, in a manner that promotes and facilitates grazing--
</DELETED>
<DELETED> (1) rangeland improvements on the BLM land that
are in existence on the date of enactment of this Act;
and</DELETED>
<DELETED> (2) rangeland improvements on the non-Federal land
conveyed to the Secretary under section 203(a) that were in
existence on the day before the date of the
conveyance.</DELETED>
<DELETED> (i) New Rangeland Improvements.--Nothing in this title
prevents the Bureau of Land Management, the Utah Department of
Agriculture or other State entity, or a Federal land permittee from
entering into agreements for new rangeland improvements that promote
and facilitate grazing.</DELETED>
<DELETED> (j) School and Institutional Trust Lands Administration.--
The Bureau of Land Management shall maintain rangeland grazing
improvements in existence as of the date of enactment of this Act on
acquired land of the School and Institutional Trust Lands
Administration.</DELETED>
<DELETED>TITLE II--LAND EXCHANGE</DELETED>
<DELETED>SEC. 201. FINDINGS AND PURPOSE.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) the State owns approximately 68,057 acres of
land and approximately 10,280 acres of mineral interests
located within the Utah Test and Training Range in Box Elder,
Tooele, and Juab Counties, Utah;</DELETED>
<DELETED> (2) the State owns approximately 2,353 acres of
land and approximately 3,560 acres of mineral interests located
wholly or partially within the Cedar Mountains Wilderness in
Tooele County, Utah;</DELETED>
<DELETED> (3) the parcels of State land described in
paragraphs (1) and (2)--</DELETED>
<DELETED> (A) were granted by Congress to the State
pursuant to the Act of July 16, 1894 (28 Stat. 107,
chapter 138), to be held in trust for the benefit of
the public school system and other public institutions
of the State; and</DELETED>
<DELETED> (B) are largely scattered in checkerboard
fashion among Federal land;</DELETED>
<DELETED> (4) continued State ownership and development of
State trust land within the Utah Test and Training Range and
the Cedar Mountains Wilderness is incompatible with--</DELETED>
<DELETED> (A) the critical national defense uses of
the Utah Test and Training Range; and</DELETED>
<DELETED> (B) the Federal management of the Cedar
Mountains Wilderness; and</DELETED>
<DELETED> (5) it is in the public interest of the United
States to acquire in a timely manner all State trust land
within the Utah Test and Training Range and the Cedar Mountains
Wilderness, in exchange for the conveyance of the Federal land
to the State, in accordance with the terms and conditions
described in this title.</DELETED>
<DELETED> (b) Purpose.--It is the purpose of this title to direct,
facilitate, and expedite the exchange of certain Federal land and non-
Federal land between the United States and the State.</DELETED>
<DELETED>SEC. 202. DEFINITIONS.</DELETED>
<DELETED> In this title:</DELETED>
<DELETED> (1) Exchange map.--The term ``Exchange Map'' means
the map prepared by the Bureau of Land Management entitled
``Utah Test and Training Range Enhancement/West Desert Land
Exchange'' and dated October 28, 2015.</DELETED>
<DELETED> (2) Federal land.--The term ``Federal land'' means
the Bureau of Land Management land located in Box Elder,
Millard, Juab, Tooele, and Beaver Counties, Utah, that is
identified on the Exchange Map as ``BLM Lands Proposed for
Transfer to State Trust Lands''.</DELETED>
<DELETED> (3) Non-federal land.--The term ``non-Federal
land'' means the land owned by the State in Box Elder, Tooele,
and Juab Counties, Utah, that is identified on the Exchange Map
as--</DELETED>
<DELETED> (A) ``State Trust Land Proposed for
Transfer to BLM''; and</DELETED>
<DELETED> (B) ``State Trust Minerals Proposed for
Transfer to BLM''.</DELETED>
<DELETED> (4) State.--The term ``State'' means the State of
Utah, acting through the School and Institutional Trust Lands
Administration.</DELETED>
<DELETED>SEC. 203. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL
LAND.</DELETED>
<DELETED> (a) In General.--If the State offers to convey to the
United States title to the non-Federal land, the Secretary shall--
</DELETED>
<DELETED> (1) accept the offer; and</DELETED>
<DELETED> (2) on receipt of all right, title, and interest
in and to the non-Federal land, convey to the State (or a
designee) all right, title, and interest of the United States
in and to the Federal land.</DELETED>
<DELETED> (b) Valid Existing Rights.--The exchange authorized under
subsection (a) shall be subject to valid existing rights.</DELETED>
<DELETED> (c) Title Approval.--Title to the Federal land and non-
Federal land to be exchanged under this section shall be in a format
acceptable to the Secretary and the State.</DELETED>
<DELETED> (d) Appraisals.--</DELETED>
<DELETED> (1) In general.--The value of the Federal land and
the non-Federal land to be exchanged under this section shall
be determined by appraisals conducted by one or more
independent appraisers retained by the State, with the consent
of the Secretary.</DELETED>
<DELETED> (2) Applicable law.--The appraisals under
paragraph (1) shall be conducted in accordance with nationally
recognized appraisal standards, including, as appropriate, the
Uniform Appraisal Standards for Federal Land
Acquisitions.</DELETED>
<DELETED> (3) Mineral land.--</DELETED>
<DELETED> (A) Mineral reports.--The appraisals under
paragraph (1) shall take into account mineral and
technical reports provided by the Secretary and the
State in the evaluation of mineral deposits in the
Federal land and non-Federal land.</DELETED>
<DELETED> (B) Mining claims.--An appraisal of any
parcel of Federal land that is encumbered by a mining
or millsite claim located under sections 2318 through
2352 of the Revised Statutes (commonly known as the
``Mining Law of 1872'') (30 U.S.C. 21 et seq.) shall
take into account the encumbrance created by the claim
for purposes of determining the value of the parcel of
the Federal land.</DELETED>
<DELETED> (C) Validity examination.--Nothing in this
title requires the United States to conduct a mineral
examination for any mining claim on the Federal
land.</DELETED>
<DELETED> (4) Approval.--The appraisals conducted under
paragraph (1) shall be submitted to the Secretary and the State
for approval.</DELETED>
<DELETED> (5) Dispute resolution.--If, by the date that is
90 days after the date of submission of an appraisal for review
and approval under this subsection, the Secretary or State do
not agree to accept the findings of the appraisals with respect
to one or more parcels of Federal land or non-Federal land, the
dispute shall be resolved in accordance with section 206(d)(2)
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(d)(2)).</DELETED>
<DELETED> (6) Duration.--The appraisals conducted under
paragraph (1) shall remain valid until the date of the
completion of the exchange authorized under this
title.</DELETED>
<DELETED> (7) Reimbursement of state costs.--The Secretary
shall reimburse the State in an amount equal to 50 percent of
the costs incurred by the State in retaining independent
appraisers under paragraph (1).</DELETED>
<DELETED> (e) Conveyance of Title.--The land exchange authorized
under this title shall be completed by the later of--</DELETED>
<DELETED> (1) the date that is 1 year after the date of
final approval by the Secretary and the State of the appraisals
conducted under subsection (d); and</DELETED>
<DELETED> (2) the date that is 1 year after the date of
completion of the dispute resolution process authorized under
subsection (d)(5).</DELETED>
<DELETED> (f) Public Inspection and Notice.--</DELETED>
<DELETED> (1) Public inspection.--At least 30 days before
the date of conveyance of the Federal land and non-Federal
land, all final appraisals and appraisal reviews for land to be
exchanged under this section shall be available for public
review at the office of the State Director of the Bureau of
Land Management in the State of Utah.</DELETED>
<DELETED> (2) Notice.--The Secretary or the State, as
applicable, shall publish in a newspaper of general circulation
in Salt Lake County, Utah, a notice that the appraisals
conducted under subsection (d) are available for public
inspection.</DELETED>
<DELETED> (g) Equal Value Exchange.--</DELETED>
<DELETED> (1) In general.--The value of the Federal land and
non-Federal land to be exchanged under this section--</DELETED>
<DELETED> (A) shall be equal; or</DELETED>
<DELETED> (B) shall be made equal in accordance with
paragraph (2).</DELETED>
<DELETED> (2) Equalization.--</DELETED>
<DELETED> (A) Surplus of federal land.--</DELETED>
<DELETED> (i) In general.--If the value of
the Federal land exceeds the value of the non-
Federal land, the value of the Federal land and
non-Federal land shall be equalized by the
State conveying to the United States--
</DELETED>
<DELETED> (I) State trust land
parcel 1, as described in the
assessment entitled ``Bureau of Land
Management Environmental Assessment UT-
100-06-EA'', numbered UTU-82090, and
dated March 2008; or</DELETED>
<DELETED> (II) State trust land
located within any of the wilderness
areas or national conservation areas in
Washington County, Utah, established
under subtitle O of title I of the
Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat.
1075) that has an appraised value equal
to the difference between--</DELETED>
<DELETED> (aa) the value of
the Federal land; and</DELETED>
<DELETED> (bb) the value of
the non-Federal land.</DELETED>
<DELETED> (ii) Order of conveyances.--Any
non-Federal land required to be conveyed to the
United States under clause (i) shall be
conveyed until the value of the Federal land
and non-Federal land is equalized, in the
following order:</DELETED>
<DELETED> (I) The State trust land
parcel described in clause
(i)(I)</DELETED>
<DELETED> (II) State trust land
parcels located in the Red Cliffs
National Conservation Area.</DELETED>
<DELETED> (III) State trust land
parcels located in the Docs Pass
Wilderness.</DELETED>
<DELETED> (IV) State trust land
parcels located in the Beaver Dam Wash
National Conservation Area.</DELETED>
<DELETED> (B) Surplus of non-federal land.--If the
value of the non-Federal land exceeds the value of the
Federal land, the value of the Federal land and the
non-Federal land shall be equalized by the Secretary
making a cash equalization payment to the State, in
accordance with section 206(b) of the Federal Land
Policy Management (43 U.S.C. 1716(b)).</DELETED>
<DELETED> (h) Withdrawal of Federal Land From Mineral Entry Prior to
Exchange.--Subject to valid existing rights, the Federal land to be
conveyed to the State under this section is withdrawn from mineral
location, entry, and patent under the mining laws pending conveyance of
the Federal land to the State.</DELETED>
<DELETED>SEC. 204. STATUS AND MANAGEMENT OF NON-FEDERAL LAND AFTER
EXCHANGE.</DELETED>
<DELETED> (a) Non-Federal Land Within Utah Test and Training
Range.--On conveyance to the United States under this title, the non-
Federal land located within the Utah Test and Training Range shall be
managed in accordance with the memorandum of agreement entered into
under section 101(a).</DELETED>
<DELETED> (b) Non-Federal Land Within Cedar Mountains Wilderness.--
On conveyance to the United States under this title, the non-Federal
land located within the Cedar Mountains Wilderness shall, in accordance
with section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C.
1716(c)), be added to, and administered as part of, the Cedar Mountains
Wilderness.</DELETED>
<DELETED>SEC. 205. HAZARDOUS MATERIALS.</DELETED>
<DELETED> (a) Costs.--Except as provided in subsection (b), the
costs of remedial actions relating to hazardous materials on land
acquired under this title shall be paid by those entities responsible
for the costs under applicable law.</DELETED>
<DELETED> (b) Remediation of Prior Testing and Training Activity.--
The Department of Defense shall bear all costs of evaluation,
management, and remediation caused by the previous testing of military
weapons systems and the training of military forces on non-Federal land
to be conveyed to the United States under this title.</DELETED>
<DELETED>TITLE III--HIGHWAY RIGHTS-OF-WAY</DELETED>
<DELETED>SEC. 301. RECOGNITION AND TRANSFER OF CERTAIN HIGHWAY RIGHTS-
OF-WAY.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (1) Highway right-of-way.--The term ``highway
right-of-way'' means a right-of-way across Federal land for all
county roads in the Counties of Box Elder, Tooele, and Juab, in
the State of Utah, according to official transportation map and
centerline descriptions of each county in existence as of March
1, 2015.</DELETED>
<DELETED> (2) Map.--The term ``official transportation map
and centerline description'' means--</DELETED>
<DELETED> (A) the map entitled ``Official
Transportation Map of Box Elder County, Utah'' and
dated March 1, 2015, and accompanying centerline
description of each road on file with the Clerk of Box
Elder County as of March 1, 2015;</DELETED>
<DELETED> (B) the map entitled ``Official
Transportation Map of Tooele County'' and dated March
1, 2015, and accompanying centerline description of
each road on file with the Clerk of Tooele County as of
March 1, 2015; and</DELETED>
<DELETED> (C) the map entitled ``Official
Transportation Map of Juab County'' and dated March 1,
2015, and accompanying centerline description of each
road on file with the Clerk of Juab County as of March
1, 2015.</DELETED>
<DELETED> (3) Secretary.--The term ``Secretary'' means--
</DELETED>
<DELETED> (A) the Secretary of Agriculture, with
respect to land administered by the Chief of the Forest
Service; or</DELETED>
<DELETED> (B) the Secretary of the Interior, with
respect to land administered by the Director of the
Bureau of Land Management.</DELETED>
<DELETED> (b) Recognition of Existence and Validity of Rights-of-
Way.--Congress recognizes the existence and validity of each of the
highway rights-of-way identified on the official transportation maps
and centerline descriptions.</DELETED>
<DELETED> (c) Conveyance of an Easement Across Federal Land.--
</DELETED>
<DELETED> (1) Box elder county, utah.--The Secretary shall
convey, without consideration, to Box Elder County, Utah, and
the State of Utah as joint tenants with undivided interests,
easements for motorized travel rights of way across Federal
land for all highways shown and described in the official
transportation map and centerline description of the county
described in subsection (a)(2)(A).</DELETED>
<DELETED> (2) Juab county, utah.--The Secretary shall
convey, without consideration, to Juab County, Utah, and the
State of Utah as joint tenants with undivided interests,
easements for motorized travel rights of way across Federal
land for all highways shown and described in the official
transportation map and centerline description of the county
described in subsection (a)(2)(B).</DELETED>
<DELETED> (3) Tooele county, utah.--The Secretary shall
convey, without consideration, to Tooele County, Utah, and the
State of Utah as joint tenants with undivided interests,
easements for motorized travel rights of way across Federal
land for all highways shown and described in the official
transportation map and centerline description of the county
described in subsection (a)(2)(C).</DELETED>
<DELETED> (d) Description of Federal Land Subject to Easement.--
</DELETED>
<DELETED> (1) In general.--All easements under subsection
(c) shall include--</DELETED>
<DELETED> (A) the current disturbed width of each
subject highway as shown and described in the official
transportation maps and centerline descriptions;
and</DELETED>
<DELETED> (B) any additional acreage on either side
of the disturbed width that the respective county
transportation department determines is necessary for
the efficient maintenance, repair, signage,
administration, and use of the Federal land subject to
the easement.</DELETED>
<DELETED> (2) Description.--</DELETED>
<DELETED> (A) In general.--The exact acreage and
legal description of the Federal land subject to the
easements conveyed under subsection (c) shall be--
</DELETED>
<DELETED> (i) as described in the centerline
descriptions;</DELETED>
<DELETED> (ii) as referenced in the official
transportation maps; and</DELETED>
<DELETED> (iii) as described and referenced
according to the disturbed width of each
highway as of the date of conveyance for travel
purposes, plus any reasonable additional width
as may be necessary for surface maintenance,
repairs, and turnaround purposes.</DELETED>
<DELETED> (B) Survey not required.--Notwithstanding
any other provision of law, the conveyance of easements
under subsection (c) shall be effective without a
survey of the exact acreage and local description of
the Federal land subject to the easements.</DELETED>
<DELETED> (e) Retention of Maps and Centerline Descriptions.--The
maps and centerline descriptions referred to in clauses (i) and (ii) of
subsection (d)(2)(A) shall be on file in the appropriate office of the
Secretary.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Utah Test and
Training Range Encroachment Prevention and Temporary Closure Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--AUTHORIZATION FOR TEMPORARY CLOSURE OF CERTAIN PUBLIC LAND
ADJACENT TO THE UTAH TEST AND TRAINING RANGE.
Sec. 101. Definitions.
Sec. 102. Memorandum of agreement.
Sec. 103. Temporary closures.
Sec. 104. Liability.
Sec. 105. Community Resource Advisory Group.
Sec. 106. Savings clauses.
TITLE II--BUREAU OF LAND MANAGEMENT LAND EXCHANGE WITH STATE OF UTAH
Sec. 201. Definitions.
Sec. 202. Exchange of Federal land and non-Federal land.
Sec. 203. Status and management of non-Federal land acquired by the
United States.
Sec. 204. Hazardous materials.
TITLE I--AUTHORIZATION FOR TEMPORARY CLOSURE OF CERTAIN PUBLIC LAND
ADJACENT TO THE UTAH TEST AND TRAINING RANGE.
SEC. 101. DEFINITIONS.
In this Act:
(1) Blm land.--The term ``BLM land'' means certain public
land administered by the Bureau of Land Management land in the
State comprising approximately 703,621 acres, as generally
depicted on the map entitled ``Utah Test and Training Range
Enhancement/West Desert Land Exchange'' and dated May 7, 2016.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means the State of Utah.
(4) Utah test and training range.--The term ``Utah Test and
Training Range'' means the portions of the military land and
airspace operating area of the Utah Test and Training Area that
are located in the State, including the Dugway Proving Ground.
SEC. 102. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary and the Secretary of the
Air Force shall enter into a memorandum of agreement to
authorize the Secretary of the Air Force, in consultation with
the Secretary, to impose limited closures of the BLM land for
military operations and national security and public safety
purposes, as provided in this title.
(2) Draft.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary and the
Secretary of the Air Force shall complete a draft of
the memorandum of agreement required under paragraph
(1).
(B) Public comment period.--During the 30-day
period beginning on the date on which the draft
memorandum of agreement is completed under subparagraph
(A), there shall be an opportunity for public comment
on the draft memorandum of agreement, including an
opportunity for the Utah Test and Training Range
Community Resource Advisory Group established under
section 105(a) to provide comments on the draft
memorandum of agreement.
(3) Management by secretary.--The memorandum of agreement
entered into under paragraph (1) shall provide that the
Secretary shall continue to manage the BLM land in accordance
with the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and applicable land use plans, while
allowing for the temporary closure of the BLM land in
accordance with this title.
(4) Permits and rights-of-way.--
(A) In general.--The Secretary shall consult with
the Secretary of the Air Force regarding Utah Test and
Training Range mission requirements before issuing new
use permits or rights-of-way on the BLM land.
(B) Framework.--The Secretary and the Secretary of
the Air Force shall establish within the memorandum of
agreement entered into under paragraph (1) a framework
agreed to by the Secretary and the Secretary of the Air
Force for resolving any disagreement on the issuance of
permits or rights-of-way on the BLM land.
(5) Termination.--
(A) In general.--The memorandum of agreement
entered into under paragraph (1) shall be for a term to
be determined by the Secretary and the Secretary of the
Air Force, not to exceed 25 years.
(B) Early termination.--The memorandum of agreement
may be terminated before the date determined under
subparagraph (A) if the Secretary of the Air Force
determines that the temporary closure of the BLM land
is no longer necessary to fulfill Utah Test and
Training Range mission requirements.
(b) Map.--The Secretary may correct any minor errors in the map
described in section 101(1).
(c) Land Safety.--If corrective action is necessary on the BLM land
due to an action of the Air Force, the Secretary of the Air Force
shall--
(1) render the BLM land safe for public use; and
(2) appropriately communicate the safety of the land to the
Secretary on the date on which the BLM land is rendered safe
for public use under paragraph (1).
(d) Consultation.--The Secretary shall consult with any federally
recognized Indian tribe in the vicinity of the BLM land before entering
into any agreement under this title.
(e) Grazing.--
(1) Effect.--Nothing in this title impacts the management
of grazing on the BLM land.
(2) Continuation of grazing management.--The Secretary
shall continue grazing management on the BLM land pursuant to
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1701 et seq.) and applicable resource management plans.
(f) Memorandum of Understanding on Emergency Access and Response.--
Nothing in this section precludes the continuation of the memorandum of
understanding between the Department of the Interior and the Department
of the Air Force with respect to emergency access and response, as in
existence on the date of enactment of this Act.
(g) Withdrawal.--Subject to valid existing rights, the BLM land is
withdrawn from all forms of appropriation under the public land laws,
including the mining laws, the mineral leasing laws, and the geothermal
leasing laws.
SEC. 103. TEMPORARY CLOSURES.
(a) In General.--If the Secretary of the Air Force determines that
military operations (including operations relating to the fulfillment
of the mission of the Utah Test and Training Range), public safety, or
national security require the temporary closure to public use of any
road, trail, or other portion of the BLM land, the Secretary of the Air
Force may take such action as the Secretary of the Air Force, in
consultation with the Secretary, determines necessary to carry out the
temporary closure.
(b) Limitations.--Any temporary closure under subsection (a)--
(1) shall be limited to the minimum areas and periods
during which the Secretary of the Air Force determines are
required to carry out a closure under this section;
(2) shall not occur on a State or Federal holiday, unless
notice is provided in accordance with subsection (c)(1)(B);
(3) shall not occur on a Friday, Saturday, or Sunday,
unless notice is provided in accordance with subsection
(c)(1)(B); and
(4)(A) if practicable, shall be for not longer than a 3-
hour period per day;
(B) shall only be for longer than a 3-hour period
per day--
(i) for mission essential reasons; and
(ii) as infrequently as practicable and in
no case for more than 10 days per year; and
(C) shall in no case be for longer than a 6-hour
period per day.
(c) Notice.--
(1) In general.--Except as provided in paragraph (2), the
Secretary of the Air Force shall--
(A) keep appropriate warning notices posted before
and during any temporary closure; and
(B) provide notice to the Secretary, public, and
relevant stakeholders concerning the temporary
closure--
(i) at least 30 days before the date on
which the temporary closure goes into effect;
(ii) in the case of a closure during the
period beginning on March 1 and ending on May
31, at least 60 days before the date on which
the closure goes into effect; or
(iii) in the case of a closure described in
paragraph (3) or (4) of subsection (b), at
least 90 days before the date on which the
closure goes into effect.
(2) Special notification procedures.--In each case for
which a mission-unique security requirement does not allow for
the notifications described in paragraph (1)(B), the Secretary
of the Air Force shall work with the Secretary to achieve a
mutually agreeable timeline for notification.
(d) Maximum Annual Closures.--The total cumulative hours of
temporary closures authorized under this section with respect to the
BLM land shall not exceed 100 hours annually.
(e) Prohibition on Certain Temporary Closures.--The northernmost
area identified as ``Newfoundland's'' on the map described in section
101(1) shall not be subject to any temporary closure between August 21
and February 28, in accordance with the lawful hunting seasons of the
State of Utah.
(f) Emergency Ground Response.--A temporary closure of a portion of
the BLM land shall not affect the conduct of emergency response
activities on the BLM land during the temporary closure.
(g) Livestock.--Livestock authorized by a Federal grazing permit
shall be allowed to remain on the BLM land during a temporary closure
of the BLM land under this section.
(h) Law Enforcement and Security.--The Secretary and the Secretary
of the Air Force may enter into cooperative agreements with State and
local law enforcement officials with respect to lawful procedures and
protocols to be used in promoting public safety and operation security
on or near the BLM land during noticed test and training periods.
SEC. 104. LIABILITY.
The United States (including all departments, agencies, officers,
and employees of the United States) shall be held harmless and shall
not be liable for any injury or damage to any individual or property
suffered in the course of any mining, mineral, or geothermal activity,
or any other authorized nondefense-related activity, conducted on the
BLM land.
SEC. 105. COMMUNITY RESOURCE ADVISORY GROUP.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, there shall be established the Utah Test and
Training Range Community Resource Advisory Group (referred to in this
section as the ``Community Group'') to provide regular and continuing
input to the Secretary and the Secretary of the Air Force on matters
involving public access to, use of, and overall management of the BLM
land.
(b) Membership.--
(1) In general.--The Secretary shall appoint members to the
Community Group, including--
(A) 1 representative of Indian tribes in the
vicinity of the BLM land, to be nominated by a majority
vote conducted among the Indian tribes in the vicinity
of the BLM land;
(B) not more than 1 county commissioner from each
of Box Elder, Tooele, and Juab Counties, Utah;
(C) 2 representatives of off-road and highway use,
hunting, or other recreational users of the BLM land;
(D) 2 representatives of livestock permitees on
public land located within the BLM land;
(E) 1 representative of the Utah Department of
Agriculture and Food; and
(F) not more than 3 representatives of State or
Federal offices or agencies, or private groups or
individuals, if the Secretary determines that such
representatives would further the goals and objectives
of the Community Group.
(2) Chairperson.--The members described in paragraph (1)
shall elect from among the members of the Community Group--
(A) 1 member to serve as Chairperson of the
Community Group; and
(B) 1 member to serve as Vice-Chairperson of the
Community Group.
(3) Air force personnel.--The Secretary of the Air Force
shall appoint appropriate operational and land management
personnel of the Air Force to serve as a liaison to the
Community Group.
(c) Conditions and Terms of Appointment.--
(1) In general.--Each member of the Community Group shall
serve voluntarily and without compensation.
(2) Term of appointment.--
(A) In general.--Each member of the Community Group
shall be appointed for a term of 4 years.
(B) Original members.--Notwithstanding subparagraph
(A), the Secretary shall select \1/2\ of the original
members of the Community Group to serve for a term of 4
years and the \1/2\ to serve for a term of 2 years to
ensure the replacement of members shall be staggered
from year to year.
(C) Reappointment and replacement.--The Secretary
may reappoint or replace a member of the Community
Group appointed under subsection (b)(1), if--
(i) the term of the member has expired;
(ii) the member has retired; or
(iii) the position held by the member
described in subparagraph (A) through (F) of
paragraph (1) has changed to the extent that
the ability of the member to represent the
group or entity that the member represents has
been significantly affected.
(d) Meetings.--
(1) In general.--The Community Group shall meet not less
than once per year, and at such other frequencies as determined
by 5 or more of the members of the Community Group.
(2) Responsibilities of community group.--The Community
Group shall be responsible for determining appropriate
schedules for, details of, and actions for meetings of the
Community Group.
(3) Notice.--The Chairperson shall provide notice to each
member of the Community Group not less than 10 business days
before the date of a scheduled meeting.
(4) Exempt from federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to meetings of the Community Group.
(e) Recommendations of Community Group.--The Secretary and
Secretary of the Air Force, consistent with existing laws (including
regulations), shall take under consideration recommendations from the
Community Group.
(f) Termination of Authority.--The Community Group shall terminate
on the date that is 10 years after the date of enactment of this Act.
SEC. 106. SAVINGS CLAUSES.
(a) Effect on Weapon Impact Area.--Nothing in this title expands
the boundaries of the weapon impact area of the Utah Test and Training
Range.
(b) Effect on Special Use Airspace and Training Routes.--Nothing in
this title precludes--
(1) the designation of new units of special use airspace;
or
(2) the expansion of existing units of special use
airspace.
(c) Effect on Existing Military Special Use Airspace Agreement.--
Nothing in this title limits or alters the Military Operating Areas of
Airspace Use Agreement between the Federal Aviation Administration and
the Air Force in effect on the date of enactment of this Act.
(d) Effect on Existing Rights and Agreements.--
(1) Knolls special recreation management area; blm
community pits.--Except as otherwise provided in section 103,
nothing in this title limits or alters any existing right or
right of access to--
(A) the Knolls Special Recreation Management Area;
or
(B)(i) the Bureau of Land Management Community Pits
Central Grayback and South Grayback; and
(ii) any other county or community pit
located within close proximity to the BLM land.
(e) Interstate 80.--Nothing in this title authorizes any additional
authority or right to the Secretary or the Secretary of the Air Force
to temporarily close Interstate 80.
(f) Effect on Limitation on Amendments to Certain Individual
Resource Management Plans.--Nothing in this title affects the
limitation established under section 2815(d) of the National Defense
Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat.
852).
(g) Effect on Previous Memorandum of Understanding.--Nothing in
this title affects the memorandum of understanding entered into by the
Air Force, the Bureau of Land Management, the Utah Department of
Natural Resources, and the Utah Division of Wildlife Resources relating
to the reestablishment of bighorn sheep in the Newfoundland Mountains
and signed by the parties to the memorandum of understanding during the
period beginning on January 24, 2000, and ending on February 4, 2000.
(h) Effect on Federally Recognized Indian Tribes.--Nothing in this
title alters any right reserved by treaty or Federal law for a
Federally recognized Indian tribe for tribal use.
(i) Payments in Lieu of Taxes.--Nothing in this title diminishes,
enhances, or otherwise affects any other right or entitlement of the
counties in which the BLM land is situated to payments in lieu of taxes
based on the BLM land, under section 6901 of title 31, United States
Code.
(j) Wildlife Improvements.--The Secretary and the Utah Division of
Wildlife Resources shall continue the management of wildlife
improvements, including guzzlers, in existence as of the date of
enactment of this Act on the BLM land.
TITLE II--BUREAU OF LAND MANAGEMENT LAND EXCHANGE WITH STATE OF UTAH
SEC. 201. DEFINITIONS.
In this title:
(1) Exchange map.--The term ``Exchange Map'' means the map
prepared by the Bureau of Land Management entitled ``Utah Test
and Training Range Enhancement/West Desert Land Exchange'' and
dated May 7, 2016.
(2) Federal land.--The term ``Federal land'' means the
Bureau of Land Management land located in Box Elder, Millard,
Juab, Tooele, and Beaver Counties, Utah, that is identified on
the Exchange Map as ``BLM Lands Proposed for Transfer to State
Trust Lands''.
(3) Non-federal land.--The term ``non-Federal land'' means
the land owned by the State in Box Elder, Tooele, and Juab
Counties, Utah, that is identified on the Exchange Map as--
(A) ``State Trust Land Proposed for Transfer to
BLM''; and
(B) ``State Trust Minerals Proposed for Transfer to
BLM''.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Utah,
acting through the School and Institutional Trust Lands
Administration.
SEC. 202. EXCHANGE OF FEDERAL LAND AND NON-FEDERAL LAND.
(a) In General.--If the State offers to convey to the United States
title to the non-Federal land, the Secretary shall--
(1) accept the offer; and
(2) on receipt of all right, title, and interest in and to
the non-Federal land, convey to the State (or a designee) all
right, title, and interest of the United States in and to the
Federal land.
(b) Applicable Law.--
(1) In general.--The land exchange shall be subject to
section 206 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1716) and other applicable law.
(2) Effect of study.--The Secretary shall carry out the
land exchange under this title notwithstanding section 2815(d)
of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 113 Stat. 852).
(3) Land use planning.--The Secretary shall not be required
to undertake any additional land use planning under section 202
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712) before the conveyance of the Federal land under
this title.
(c) Valid Existing Rights.--The exchange authorized under
subsection (a) shall be subject to valid existing rights.
(d) Title Approval.--Title to the Federal land and non-Federal land
to be exchanged under this title shall be in a format acceptable to the
Secretary and the State.
(e) Appraisals.--
(1) In general.--The value of the Federal land and the non-
Federal land to be exchanged under this title shall be
determined by appraisals conducted by 1 or more independent and
qualified appraisers.
(2) State appraiser.--The Secretary and the State may agree
to use an independent and qualified appraiser retained by the
State, with the consent of the Secretary.
(3) Applicable law.--The appraisals under paragraph (1)
shall be conducted in accordance with nationally recognized
appraisal standards, including, as appropriate, the Uniform
Appraisal Standards for Federal Land Acquisitions and the
Uniform Standards of Professional Appraisal Practice.
(4) Minerals.--
(A) Mineral reports.--The appraisals under
paragraph (1) may take into account mineral and
technical reports provided by the Secretary and the
State in the evaluation of minerals in the Federal land
and non-Federal land.
(B) Mining claims.--Federal land that is encumbered
by a mining or millsite claim located under sections
2318 through 2352 of the Revised Statutes (commonly
known as the ``Mining Law of 1872'') (30 U.S.C. 21 et
seq.) shall be appraised in accordance with standard
appraisal practices, including, as appropriate, the
Uniform Appraisal Standards for Federal Land
Acquisition.
(C) Validity examination.--Nothing in this title
requires the Secretary to conduct a mineral examination
for any mining claim on the Federal land.
(5) Approval.--An appraisal conducted under paragraph (1)
shall be submitted to the Secretary and the State for approval.
(6) Duration.--An appraisal conducted under paragraph (1)
shall remain valid for 3 years after the date on which the
appraisal is approved by the Secretary and the State.
(7) Cost of appraisal.--
(A) In general.--The cost of an appraisal conducted
under paragraph (1) shall be paid equally by the
Secretary and the State.
(B) Reimbursement by secretary.--If the State
retains an appraiser in accordance with paragraph (2),
the Secretary shall reimburse the State in an amount
equal to 50 percent of the costs incurred by the State.
(f) Conveyance of Title.--It is the intent of Congress that the
land exchange authorized under this title shall be completed not later
than 1 year after the date of final approval by the Secretary and the
State of the appraisals conducted under subsection (e).
(g) Public Inspection and Notice.--
(1) Public inspection.--At least 30 days before the date of
conveyance of the Federal land and non-Federal land, all final
appraisals and appraisal reviews for the Federal land and non-
Federal land to be exchanged under this title shall be
available for public review at the office of the State Director
of the Bureau of Land Management in the State.
(2) Notice.--The Secretary or the State, as applicable,
shall publish in a newspaper of general circulation in Salt
Lake County, Utah, a notice that the appraisals conducted under
subsection (e) are available for public inspection.
(h) Consultation With Indian Tribes.--The Secretary shall consult
with any federally recognized Indian tribe in the vicinity of the
Federal land and non-Federal land to be exchanged under this title
before the completion of the land exchange.
(i) Equal Value Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under this title--
(A) shall be equal; or
(B) shall be made equal in accordance with
paragraph (2).
(2) Equalization.--
(A) Surplus of federal land.--
(i) In general.--If the value of the
Federal land exceeds the value of the non-
Federal land, the value of the Federal land and
non-Federal land shall be equalized by the
State conveying to the Secretary, as necessary
to equalize the value of the Federal land and
non-Federal land--
(I) State trust land parcel 1, as
described in the assessment entitled
``Bureau of Land Management
Environmental Assessment UT-100-06-
EA'', numbered UTU-82090, and dated
March 2008; or
(II) State trust land located
within any of the wilderness areas or
national conservation areas in
Washington County, Utah, established
under subtitle O of title I of the
Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat.
1075).
(ii) Order of conveyances.--Any non-Federal
land required to be conveyed to the Secretary
under clause (i) shall be conveyed until the
value of the Federal land and non-Federal land
is equalized.
(B) Surplus of non-federal land.--If the value of
the non-Federal land exceeds the value of the Federal
land, the value of the Federal land and the non-Federal
land shall be equalized--
(i) by the Secretary making a cash
equalization payment to the State, in
accordance with section 206(b) of the Federal
Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)); or
(ii) by removing non-Federal land from the
exchange.
(j) Grazing Permits.--
(1) In general.--If the Federal land or non-Federal land
exchanged under this title is subject to a lease, permit, or
contract for the grazing of domestic livestock in effect on the
date of acquisition, the Secretary and the State shall allow
the grazing to continue for the remainder of the term of the
lease, permit, or contract, subject to the related terms and
conditions of user agreements, including permitted stocking
rates, grazing fee levels, access rights, and ownership and use
of range improvements.
(2) Renewal.--To the extent allowed by Federal or State
law, on expiration of any grazing lease, permit, or contract
described in paragraph (1), the holder of the lease, permit, or
contract shall be entitled to a preference right to renew the
lease, permit, or contract.
(3) Cancellation.--
(A) In general.--Nothing in this title prevents the
Secretary or the State from canceling or modifying a
grazing permit, lease, or contract if the Federal land
or non-Federal land subject to the permit, lease, or
contract is sold, conveyed, transferred, or leased for
non-grazing purposes by the Secretary or the State.
(B) Limitation.--Except to the extent reasonably
necessary to accommodate surface operations in support
of mineral development, the Secretary or the State
shall not cancel or modify a grazing permit, lease, or
contract because the land subject to the permit, lease,
or contract has been leased for mineral development.
(4) Base properties.--If non-Federal land conveyed by the
State under this title is used by a grazing permittee or lessee
to meet the base property requirements for a Federal grazing
permit or lease, the land shall continue to qualify as a base
property for--
(A) the remaining term of the lease or permit; and
(B) the term of any renewal or extension of the
lease or permit.
(k) Withdrawal of Federal Land From Mineral Entry Prior to
Exchange.--Subject to valid existing rights, the Federal land to be
conveyed to the State under this title is withdrawn from mineral
location, entry, and patent under the mining laws pending conveyance of
the Federal land to the State.
SEC. 203. STATUS AND MANAGEMENT OF NON-FEDERAL LAND ACQUIRED BY THE
UNITED STATES.
(a) In General.--On conveyance to the United States under this
title, the non-Federal land shall be managed by the Secretary in
accordance with the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and applicable land use plans.
(b) Non-federal Land Within Cedar Mountains Wilderness.--On
conveyance to the Secretary under this title, the non-Federal land
located within the Cedar Mountains Wilderness shall, in accordance with
section 206(c) of the Federal Land Policy Act of 1976 (43 U.S.C.
1716(c)), be added to, and administered as part of, the Cedar Mountains
Wilderness.
(c) Non-federal Land Within Wilderness Areas or National
Conservation Areas.--On conveyance to the Secretary under this title,
non-Federal land located in a national wilderness area or national
conservation area shall be managed in accordance with the applicable
provisions of subtitle O of title I of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11).
SEC. 204. HAZARDOUS MATERIALS.
(a) Costs.--Except as provided in subsection (b), the costs of
remedial actions relating to hazardous materials on land acquired under
this title shall be paid by those entities responsible for the costs
under applicable law.
(b) Remediation of Prior Testing and Training Activity.--The
Secretary of the Air Force shall bear all costs of evaluation,
management, and remediation caused by the previous testing of military
weapons systems and the training of military forces on non-Federal land
to be conveyed to the United States under this title.
Calendar No. 625
114th CONGRESS
2d Session
S. 2383
[Report No. 114-349]
_______________________________________________________________________
A BILL
To withdraw certain Bureau of Land Management land in the State of Utah
from all forms of public appropriation, to provide for the shared
management of the withdrawn land by the Secretary of the Interior and
the Secretary of the Air Force to facilitate enhanced weapons testing
and pilot training, enhance public safety, and provide for continued
public access to the withdrawn land, to provide for the exchange of
certain Federal land and State land, and for other purposes.
_______________________________________________________________________
September 13, 2016
Reported with an amendment