H. Rept. 113-122 - 113th Congress (2013-2014)
June 24, 2013, As Reported by the Natural Resources Committee

Report text available as:

Formatting necessary for an accurate reading of this legislative text may be shown by tags (e.g., <DELETED> or <BOLD>) or may be missing from this TXT display. For complete and accurate display of this text, see the PDF.




House Report 113-122 - NAVAL AIR WEAPONS STATION CHINA LAKE SECURITY ENHANCEMENT ACT




[House Report 113-122]
[From the U.S. Government Printing Office]


113th Congress                                            Rept. 113-122
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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



 
     NAVAL AIR WEAPONS STATION CHINA LAKE SECURITY ENHANCEMENT 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. 1673]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1673) to provide for the transfer of certain 
public land currently administered by the Bureau of Land 
Management to the administrative jurisdiction of the Secretary 
of the Navy for inclusion in Naval Air Weapons Station China 
Lake, California, 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 ``Naval Air Weapons Station China Lake 
Security Enhancement Act''.

SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION, NAVAL AIR WEAPONS 
                    STATION CHINA LAKE, CALIFORNIA.

  (a) Transfer Required.--Not later than September 30, 2014, the 
Secretary of the Interior shall transfer to the administrative 
jurisdiction of the Secretary of the Navy certain public land 
administered by the Bureau of Land Management in Inyo, Kern, and San 
Bernardino Counties, California, consisting of approximately 1,045,000 
acres in Inyo, Kern, and San Bernardino Counties, California, as 
generally depicted on the map titled ``Naval Air Weapons Station China 
Lake Withdrawal - Renewal'' and dated 2012.
  (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 Naval Air Weapons Station China Lake, 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 errors in the legal description and map.
  (d) Reimbursement of Costs.--The transfer required by subsection (a) 
shall be made without reimbursement, except that the Secretary of the 
Navy shall reimburse the Secretary of the Interior for any costs 
incurred by the Secretary of the Interior to prepare the legal 
description and map under subsection (c).

SEC. 3. 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.

SEC. 4. WITHDRAWAL.

  Subject to valid existing rights, the public land to be transferred 
under section 2 is withdrawn from all forms of appropriation under the 
public land laws, including the mining laws and geothermal leasing 
laws, so long as the lands remain under the administrative jurisdiction 
of the Secretary of the Army.

                          PURPOSE OF THE BILL

    The purpose of H.R. 1673, as ordered reported, is to 
provide for the transfer of certain public land currently 
administered by the Bureau of Land Management to the 
administrative jurisdiction of the Secretary of the Navy for 
inclusion in Naval Air Weapons Station China Lake, California.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1673 directs the Secretary of the Interior to transfer 
approximately 1,030,000 acres of Bureau of Land Management land 
in Inyo, Kern and San Bernardino Counties, California to the 
Secretary of the Navy for the Naval Air Weapons Station (NAWS) 
China Lake, California.
    Enacted in 1994, the California Desert Protection Act 
(CDPA) included the California Military Lands Withdrawal and 
Overflights Act of 1994. NAWS China Lake is one of several 
areas withdrawn for military use under the CDPA and scheduled 
to expire on October 31, 2014. Due to the Navy's need for 
continued research, development, acquisition, test, and 
evaluation and operational training activities for the 
withdrawn lands at NAWS China Lake, H.R. 1673 will permanently 
transfer the approximately 1,030,000 acres to meet those 
critical national security needs.

                            COMMITTEE ACTION

    H.R. 1673 was introduced on April 23, 2013, by Congressman 
Kevin McCarthy (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 in the nature of a 
substitute 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. 1673--Naval Air Weapons Station China Lake Security Enhancement 
        Act

    H.R. 1673 would require the Secretary of the Interior to 
transfer administrative jurisdiction over 1 million acres of 
land to the Secretary of the Navy. Those lands would be used by 
the Navy for military purposes. Based on information provided 
by the Bureau of Land Management, CBO estimates that 
implementing the legislation would have no significant impact 
on the federal budget. Enacting H.R. 1673 would not affect 
direct spending or revenues; therefore, pay-as-you-go 
procedures do not apply.
    Under current law, the affected lands are temporarily 
withdrawn for military use. H.R. 1673 would prohibit certain 
activities that could generate receipts on the affected lands 
in the future; however, because CBO expects that those lands 
would not generate any receipts over the next 10 years, we 
estimate that enacting the bill would not affect direct 
spending. In addition, because those lands are already managed 
by the federal government, we estimate that implementing the 
legislation would not affect the costs of managing the lands. 
Finally, CBO estimates that any additional costs to prepare the 
legal description of the affected lands, as required under the 
bill, would total less than $5,000.
    H.R. 1673 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 Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. Based on 
information provided by the Bureau of Land Management, CBO 
estimates that implementing the legislation would have no 
significant impact on the federal budget.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill, as ordered reported, is to provide for 
the transfer of certain public land currently administered by 
the Bureau of Land Management to the administrative 
jurisdiction of the Secretary of the Navy for inclusion in 
Naval Air Weapons Station China Lake, California.

                           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.

<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>