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113th Congress                                            Rept. 113-124
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

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



 
      CHOCOLATE MOUNTAIN AERIAL GUNNERY RANGE TRANSFER ACT OF 2013

                                _______
                                

 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. 1691]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resource, to whom was referred the 
bill (H.R. 1691) 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 the Chocolate Mountain Aerial Gunnery Range, 
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 ``Chocolate Mountain Aerial Gunnery 
Range Transfer Act of 2013''.

SEC. 2. TRANSFER OF ADMINISTRATIVE JURISDICTION, CHOCOLATE MOUNTAIN 
                    AERIAL GUNNERY RANGE, CALIFORNIA.

  (a) Transfer Required.--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 Imperial 
and Riverside Counties, California, consisting of approximately 226,711 
acres, as generally depicted on the map titled ``Chocolate Mountain 
Aerial Gunnery Range Proposed-Withdrawal'' dated 1987 (revised July 
1993), and identified as WESTDIV Drawing No. C-102370, which was 
prepared by the Naval Facilities Engineering Command of the Department 
of the Navy and is on file with the California State Office of the 
Bureau of Land Management.
  (b) Valid Existing Rights.--The transfer of administrative 
jurisdiction under subsection (a) shall be subject to any valid 
existing rights, including any property, easements, or improvements 
held by the Bureau of Reclamation and appurtenant to the Coachella 
Canal. The Secretary of the Navy shall provide for reasonable access by 
the Bureau of Reclamation for inspection and maintenance purposes not 
inconsistent with military training.
  (c) Time for Conveyance.--The transfer of administrative jurisdiction 
under subsection (a) shall occur pursuant to a schedule agreed to by 
the Secretary of the Interior and the Secretary of the Navy, but in no 
case later than the date of the completion of the boundary realignment 
required by section 4.
  (d) Map and Legal Description.--
          (1) Preparation and publication.--The Secretary of the 
        Interior shall publish in the Federal Register a legal 
        description of the public land to be transferred under 
        subsection (a).
          (2) Submission to congress.--The Secretary of the Interior 
        shall file with the Committee on Energy and Natural Resources 
        of the Senate and the Committee on Natural Resources of the 
        House of Representatives--
                  (A) a copy of the legal description prepared under 
                paragraph (1); and
                  (B) a map depicting the legal description of the 
                transferred public land.
          (3) Availability for public inspection.--Copies of the legal 
        description and map filed under paragraph (2) shall be 
        available for public inspection in the appropriate offices of--
                  (A) the Bureau of Land Management;
                  (B) the Office of the Commanding Officer, Marine 
                Corps Air Station Yuma, Arizona;
                  (C) the Office of the Commander, Navy Region 
                Southwest; and
                  (D) the Office of the Secretary of the Navy.
          (4) Force of law.--The legal description and map filed under 
        paragraph (2) 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 or map.
          (5) 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 this 
        subsection.

SEC. 3. MANAGEMENT AND USE OF TRANSFERRED LAND.

  (a) Use of Transferred Land.--Upon the receipt of the land under 
section 2, the Secretary of the Navy shall administer the land as the 
Chocolate Mountain Aerial Gunnery Range, California, and continue to 
authorize use of the land for military purposes.
  (b) Protection of Desert Tortoise.--Nothing in the transfer required 
by section 2 shall affect the prior designation of certain lands within 
the Chocolate Mountain Aerial Gunnery Range as critical habitat for the 
desert tortoise (Gopherus Agassizii).
  (c) Withdrawal of Mineral Estate.--Subject to valid existing rights, 
the mineral estate of the land to be transferred under section 2 are 
withdrawn from all forms of appropriation under the public land laws, 
including the mining laws and the mineral and geothermal leasing laws, 
for as long as the land is under the administrative jurisdiction of the 
Secretary of the Navy.
  (d) Integrated Natural Resources Management Plan.--Not later than one 
year after the transfer of the land under section 2, the Secretary of 
the Navy, in cooperation with the Secretary of the Interior, shall 
prepare an integrated natural resources management plan pursuant to the 
Sikes Act (16 U.S.C. 670a et seq.) for the transferred land and for 
land that, as of the date of the enactment of this Act, is under the 
jurisdiction of the Secretary of the Navy underlying the Chocolate 
Mountain Aerial Gunnery Range.

SEC. 4. REALIGNMENT OF RANGE BOUNDARY AND RELATED TRANSFER OF TITLE.

  (a) Realignment; Purpose.--The Secretary of the Interior and the 
Secretary of the Navy shall realign the boundary of the Chocolate 
Mountain Aerial Gunnery Range, as in effect on the date of the 
enactment of this Act, to improve public safety and management of the 
Range, consistent with the following:
          (1) The northwestern boundary of the Chocolate Mountain 
        Aerial Gunnery Range shall be realigned to the edge of the 
        Bradshaw Trail so that the Trail is entirely on public land 
        under the jurisdiction of the Department of the Interior.
          (2) The centerline of the Bradshaw Trail shall be delineated 
        by the Secretary of the Interior in consultation with the 
        Secretary of the Navy, beginning at its western terminus at 
        Township 8 South, Range 12 East, Section 6 eastward to Township 
        8 South, Range 17 East, Section 32 where it leaves the 
        Chocolate Mountain Aerial Gunnery Range.
  (b) Transfers Related to Realignment.--The Secretary of the Interior 
and the Secretary of the Navy shall make such transfers of 
administrative jurisdiction as may be necessary to reflect the results 
of the boundary realignment carried out pursuant to subsection (a).
  (c) Applicability of National Environmental Policy Act of 1969.--The 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
shall not apply to any transfer of land made under subsection (b) or 
any decontamination actions undertaken in connection with such a 
transfer.
  (d) Decontamination.--The Secretary of the Navy shall maintain, to 
the extent funds are available for such purpose and consistent with 
applicable Federal and State law, a program of decontamination of any 
contamination caused by defense-related uses on land transferred under 
subsection (b). The Secretary of Defense shall include a description of 
such decontamination activities in the annual report required by 
section 2711 of title 10, United States Code.
  (e) Timeline.--The delineation of the Bradshaw Trail under subsection 
(a) and any transfer of land under subsection (b) shall occur pursuant 
to a schedule agreed to by the Secretary of the Interior and the 
Secretary of the Navy, but in no case later than two years after the 
date of the enactment of this Act.

SEC. 5. EFFECT OF TERMINATION OF MILITARY USE.

  (a) Notice and Effect.--Upon a determination by the Secretary of the 
Navy that there is no longer a military need for all or portions of the 
land transferred under section 2, the Secretary of the Navy shall 
notify the Secretary of the Interior of such determination. Subject to 
subsections (b), (c), and (d), the Secretary of the Navy shall transfer 
the land subject to such a notice back to the administrative 
jurisdiction of the Secretary of the Interior.
  (b) Contamination.--Before transmitting a notice under subsection 
(a), the Secretary of the Navy shall prepare a written determination 
concerning whether and to what extent the land to be transferred are 
contaminated with explosive, toxic, or other hazardous materials. A 
copy of the determination shall be transmitted with the notice. Copies 
of the notice and the determination shall be published in the Federal 
Register.
  (c) Decontamination.--The Secretary of the Navy shall decontaminate 
any contaminated land that is the subject of a notice under subsection 
(a) if--
          (1) the Secretary of the Interior, in consultation with the 
        Secretary of the Navy, determines that--
                  (A) decontamination is practicable and economically 
                feasible (taking into consideration the potential 
                future use and value of the land); and
                  (B) upon decontamination, the land could be opened to 
                operation of some or all of the public land laws, 
                including the mining laws; and
          (2) funds are appropriated for such decontamination.
  (d) Alternative.--The Secretary of the Interior is not required to 
accept land proposed for transfer under subsection (a) if the Secretary 
of the Interior is unable to make the determinations under subsection 
(c)(1) or if Congress does not appropriate a sufficient amount of funds 
for the decontamination of the land.

SEC. 6. TEMPORARY EXTENSION OF EXISTING WITHDRAWAL PERIOD.

  Notwithstanding subsection (a) of section 806 of the California 
Military Lands Withdrawal and Overflights Act of 1994 (title VIII of 
Public Law 103-433; 108 Stat. 4505), the withdrawal and reservation of 
the land transferred under section 2 of this Act shall not terminate 
until the date on which the land transfer required by section 2 is 
executed.

SEC. 7. 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. 1691, 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 the Chocolate Mountain Aerial Gunnery Range, 
California.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 1691 directs the Secretary of the Interior to transfer 
approximately 226,711 acres of Bureau of Land Management land 
in Imperial and Riverside Counties, California, to the 
Secretary of the Navy for the Chocolate Mountain Ariel Gunnery 
Range (CMAGR). The bill also requires the realignment of the 
CMAGR boundary to exclude a current overlap with the Bradshaw 
Trail and retain desert tortoise critical habitat.
    Enacted in 1994, the California Desert Protection Act 
(CDPA) included the California Military Lands Withdrawal and 
Overflights Act of 1994. CMAGR is one of several areas 
withdrawn for military use under the CDPA and scheduled to 
expire on October 31, 2014. CMAGR is a live-fire training range 
that is used for developing and maintaining the readiness of 
Marine Corps and Navy aviators. The range is also used for 
training select Marine Corps and Navy land combat forces, 
including Naval Special Warfare forces. H.R. 1691 will 
permanently transfer the approximately 226,711 acres for the 
Navy's continued need for the critical national security 
benefits of the CMAGR.

                            COMMITTEE ACTION

    H.R. 1691 was introduced on April 23, 2013, by Congressman 
Juan Vargas (D-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 unanimous consent. No further amendments were offered, and 
the bill, as amended, was then adopted and ordered favorably 
reported to the House of Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

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

                    COMPLIANCE WITH HOUSE RULE XIII

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

H.R. 1691--Chocolate Mountain Aerial Gunnery Range Transfer Act of 2013

    H.R. 1691 would require the Secretary of the Interior to 
transfer administrative jurisdiction over 227,000 acres of land 
to the Secretary of the Navy. Those lands would be used by the 
Navy as a gunnery range. 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. 1691 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. 1691 would prohibit certain 
new activities that could generate receipts on the affected 
lands in the future; however, because CBO expects that those 
lands would not generate any new 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 $10,000.
    H.R. 1691 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Jeff LaFave. The 
estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures. Based on 
information provided by the Bureau of Land Management, CBO 
estimates that implementing the 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 the 
Chocolate Mountain Aerial Gunnery Range, 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.