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114th Congress  }                                    {  Rept. 114-857
                        HOUSE OF REPRESENTATIVES
 2d Session     }                                    {         Part 1

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



 
  UTAH TEST AND TRAINING RANGE ENCROACHMENT PREVENTION AND TEMPORARY 
                              CLOSURE ACT

                                _______
                                

December 8, 2016.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 4579]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4579) 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withdrawn land by the Secretary of the Interior and the 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for continued public access to the withdrawn land, to provide 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, 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; 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.
Sec. 2. Findings.
Sec. 3. Definitions.

                 TITLE I--UTAH TEST AND TRAINING RANGE

Sec. 101. Management of BLM land.
Sec. 102. Temporary closures.
Sec. 103. Community resource group.
Sec. 104. Liability.
Sec. 105. Effects of title.

                        TITLE II--LAND EXCHANGE

Sec. 201. Findings and purpose.
Sec. 202. Definitions.
Sec. 203. Exchange of Federal land and non-Federal land.
Sec. 204. Status and management of non-Federal land after exchange.
Sec. 205. Hazardous materials.

                    TITLE III--HIGHWAY RIGHTS-OF-WAY

Sec. 301. Recognition and transfer of certain highway rights-of-way.

SEC. 2. FINDINGS.

  Congress finds that--
          (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;
          (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;
          (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;
          (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
          (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.

SEC. 3. DEFINITIONS.

  In this Act:
          (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 February 12, 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.--
                  (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.
                  (B) Inclusion.--The term ``Utah Test and Training 
                Range'' includes the Dugway Proving Ground.

                 TITLE I--UTAH TEST AND TRAINING RANGE

SEC. 101. MANAGEMENT OF BLM LAND.

  (a) Memorandum of Agreement.--
          (1) Draft.--
                  (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).
                  (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.
          (2) Requirement; deadline.--
                  (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.
                  (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.
          (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--
                  (A) as land described in section 6901(1)(B) of title 
                31, United States Code;
                  (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 section 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);
                  (C) in accordance with section 202 of the Federal 
                Land Policy and Management Act of 1976 (43 U.S.C. 
                1712); and
                  (D) subject to use by the Secretary of the Air Force 
                provided under section 102 for--
                          (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;
                          (ii) the testing of--
                                  (I) advanced weapon systems, 
                                including current weapons systems, 5th 
                                generation weapon systems, and future 
                                weapon systems; and
                                  (II) the standoff distance for 
                                weapons;
                          (iii) the testing and evaluation of 
                        hypersonic weapons;
                          (iv) increased public safety for civilians 
                        accessing the BLM land; and
                          (v) other purposes relating to meeting 
                        national security needs.
  (b) Map.--The Secretary may correct any minor errors in the map 
described in section 3(1).
  (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.
  (d) Maintain Current Uses.--
          (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).
          (2) Actions by secretary of the air force.--The Secretary of 
        the Air Force shall--
                  (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
                  (B) appropriately communicate the safety of the land 
                to the Secretary once the BLM land is rendered safe for 
                public use.
  (e) Grazing.--
          (1) New grazing leases and permits.--
                  (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.
                  (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).
          (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--
                  (A) at the number of permitted animal unit months 
                authorized under current applicable land use plans;
                  (B) if range conditions permit, at levels greater 
                than the level of active use; and
                  (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.
  (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.
  (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.
  (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).
  (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.

SEC. 102. 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 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 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.
  (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) 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.
  (h) Livestock.--Livestock shall be allowed to remain on the BLM land 
during a temporary closure of the BLM land under this section.

SEC. 103. COMMUNITY RESOURCE GROUP.

  (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.
  (b) Membership.--
          (1) In general.--The Secretary (acting through the State 
        Bureau of Land Management Office) shall appoint members to the 
        Community Group, including--
                  (A) operational and land management personnel of the 
                Air Force;
                  (B) 1 Indian representative, to be nominated by a 
                majority vote conducted among the Indian tribes in the 
                vicinity of the BLM land;
                  (C) not more than 2 county commissioners from each of 
                Box Elder, Tooele, and Juab Counties, Utah;
                  (D) 2 representatives of off-road and highway use, 
                hunting, and other recreational groups;
                  (E) 2 representatives of livestock grazers on any 
                public land located within the BLM land;
                  (F) 1 representative of the Utah Department of 
                Agriculture and Food; and
                  (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.
          (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.
  (c) Conditions and Terms of Appointment.--
          (1) In general.--Each member of the Community Group shall 
        serve voluntarily and without remuneration.
          (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 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.
                  (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 subparagraphs (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.
  (d) Meetings.--
          (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.
          (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) Coordination With Recommendations of Community Group.--The 
Secretary and the 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 7 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.
  (g) Renewal.--The Community Group may elect, by simple majority, to 
renew the term of the Community Group for 7 years, upon or within 90 
days of termination, with the option to renew every 7 years thereafter.

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. EFFECTS OF TITLE.

  (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 Rights and Agreements.--
          (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--
                  (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.
          (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.
          (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.
          (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).
          (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.
          (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.
  (d) Effect on Water Rights.--
          (1) No reservation created.--Nothing in this title--
                  (A) establishes any reservation in favor of the 
                United States with respect to any water or water right 
                on the BLM land; or
                  (B) authorizes any appropriation of water on the BLM 
                land, except in accordance with applicable State law.
          (2) Previously acquired and reserved water rights.--Nothing 
        in this title affects--
                  (A) any water right acquired or reserved by the 
                United States before the date of enactment of this Act; 
                or
                  (B) the authority of the Secretary or the Secretary 
                of the Air Force, as applicable, to exercise any water 
                right described in subparagraph (A).
          (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).
  (e) Effect on Federally Recognized Indian Tribes.--
          (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.
          (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.
  (f) Effect on Payments in Lieu of Taxes.--
          (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.
          (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.
  (g) Wildlife Guzzlers.--
          (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.
          (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.
          (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.
  (h) Rangeland Improvements.--The Secretary shall continue to manage, 
in a manner that promotes and facilitates grazing--
          (1) rangeland improvements on the BLM land that are in 
        existence on the date of enactment of this Act; and
          (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.
  (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.
  (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.

                        TITLE II--LAND EXCHANGE

SEC. 201. FINDINGS AND PURPOSE.

  (a) Findings.--Congress finds that--
          (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;
          (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;
          (3) the parcels of State land described in paragraphs (1) and 
        (2)--
                  (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
                  (B) are largely scattered in checkerboard fashion 
                among Federal land;
          (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--
                  (A) the critical national defense uses of the Utah 
                Test and Training Range; and
                  (B) the Federal management of the Cedar Mountains 
                Wilderness; and
          (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.
  (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.

SEC. 202. 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 February 12, 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) State.--The term ``State'' means the State of Utah, 
        acting through the School and Institutional Trust Lands 
        Administration.

SEC. 203. 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) Valid Existing Rights.--The exchange authorized under subsection 
(a) shall be subject to valid existing rights.
  (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.
  (d) Appraisals.--
          (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.
          (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.
          (3) Mineral land.--
                  (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.
                  (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.
                  (C) Validity examination.--Nothing in this title 
                requires the United States to conduct a mineral 
                examination for any mining claim on the Federal land.
          (4) Approval.--The appraisals conducted under paragraph (1) 
        shall be submitted to the Secretary and the State for approval.
          (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 the 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)).
          (6) Duration.--The appraisals conducted under paragraph (1) 
        shall remain valid until the date of the completion of the 
        exchange authorized under this title.
          (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).
  (e) Conveyance of Title.--The land exchange authorized under this 
title shall be completed by the later of--
          (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
          (2) the date that is 1 year after the date of completion of 
        the dispute resolution process authorized under subsection 
        (d)(5).
  (f) 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 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.
          (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.
  (g) Equal Value Exchange.--
          (1) In general.--The value of the Federal land and non-
        Federal land to be exchanged under this section--
                  (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 United States--
                                  (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) 
                                that has an appraised value equal to 
                                the difference between--
                                          (aa) the value of the Federal 
                                        land; and
                                          (bb) the value of the non-
                                        Federal land.
                          (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:
                                  (I) The State trust land parcel 
                                described in clause (i)(I).
                                  (II) State trust land parcels located 
                                in the Red Cliffs National Conservation 
                                Area.
                                  (III) State trust land parcels 
                                located in the Docs Pass Wilderness.
                                  (IV) State trust land parcels located 
                                in the Beaver Dam Wash National 
                                Conservation Area.
                  (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)).
  (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.

SEC. 204. STATUS AND MANAGEMENT OF NON-FEDERAL LAND AFTER EXCHANGE.

  (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).
  (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.

SEC. 205. 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 
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.

                    TITLE III--HIGHWAY RIGHTS-OF-WAY

SEC. 301. RECOGNITION AND TRANSFER OF CERTAIN HIGHWAY RIGHTS-OF-WAY.

  (a) Definitions.--In this section:
          (1) Highway right-of-way.--The term ``highway right-of-way'' 
        means a right-of-way across Federal land for all Class B and 
        Class D R.S. 2477 roads in the Counties of Box Elder, Tooele, 
        and Juab, in the State of Utah, according to the transportation 
        map and centerline descriptions of each county in existence as 
        of March 1, 2015.
          (2) Map.--The term ``transportation map and centerline 
        description'' means--
                  (A) the map titled ``Box Elder County R.S. 2477 
                Rights-of-Way'' and accompanying GPS centerline data 
                kept and maintained by the Utah Public Lands Policy 
                Coordinating Office showing the locations and routes of 
                all county claimed roads across Bureau of Land 
                Management lands in Box Elder County, Utah;
                  (B) the map titled ``Tooele County R.S. 2477 Roads'' 
                and accompanying GPS centerline data kept and 
                maintained by the Utah Public Lands Policy Coordinating 
                Office showing the locations and routes of all county 
                claimed roads across Bureau of Land Management lands in 
                Tooele County, Utah; and
                  (C) the map titled ``Juab County R.S. 2477 Rights-of-
                Way'' and accompanying GPS centerline data kept and 
                maintained by the Utah Public Lands Policy Coordinating 
                Office showing the locations and routes of all county 
                claimed roads across Bureau of Land Management lands in 
                Juab County, Utah.
          (3) Secretary.--The term ``Secretary'' means--
                  (A) the Secretary of Agriculture, with respect to 
                land administered by the Chief of the Forest Service; 
                or
                  (B) the Secretary of the Interior, with respect to 
                land administered by the Director of the Bureau of Land 
                Management.
  (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.
  (c) Conveyance of an Easement Across Federal Land.--
          (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 
        Class B and Class D R.S. 2477 roads shown and described in the 
        map and centerline description of the county described in 
        subsection (a)(2)(A).
          (2) 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 Class B and 
        Class D R.S. 2477 roads shown and described in the 
        transportation map and centerline description of the county 
        described in subsection (a)(2)(B).
          (3) 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 Class B and 
        Class D R.S. 2477 roads shown and described in the map and 
        centerline description of the county described in subsection 
        (a)(2)(C).
  (d) Description of Federal Land Subject to Easement.--
          (1) In general.--All easements under subsection (c) shall 
        include--
                  (A) the current disturbed width of each subject 
                highway as shown and described in the official 
                transportation maps and centerline descriptions; and
                  (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.
          (2) Description.--
                  (A) In general.--The exact acreage and legal 
                description of the Federal land subject to the 
                easements conveyed under subsection (c) shall be--
                          (i) as described in the centerline 
                        descriptions;
                          (ii) as referenced in the official 
                        transportation maps; and
                          (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.
                  (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.
  (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.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4579 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Utah Test and Training Range (UTTR), located in the 
western Utah desert, is the largest Department of Defense (DOD) 
overland airspace test and training range and is used by the 
United States Air Force (USAF), United States Army, and United 
States Marine Corps. The UTTR is home to ground and operational 
training and the testing of explosive ordnance, weapons and 
other military equipment.
    UTTR airspace is used to test fifth generation weapons, 
including the F-22 Raptor, F-35 Joint Strike Fighter, and Long 
Range Strike Bomber, and train aircrews to operate them. In its 
2015 Report to Congress on Sustainable Ranges, DOD listed 
several factors that may limit the long-term sustainability of 
the UTTR, including the inability to accommodate more advanced 
aircraft and weapons. The flight speeds of these aircraft and 
other fifth generation weapons require a significant amount of 
airspace. The current size of the UTTR airspace is, however, 
not large enough to accommodate training and testing maneuvers 
for these aircraft and other hypersonic weapons.
    H.R. 4579 would designate 625,643 acres of federally-owned 
Bureau of Land Management (BLM) land as eight separate `buffer 
zones' around the UTTR and allow USAF to temporarily close 
those zones for brief periods to accommodate overflights 
associated with the testing and training of fifth generation 
and other weapons. The bill does not expand the UTTR or 
withdraw additional federal land for military use and does not 
dispose of federal land within the buffer zones. Under the 
bill, BLM and USAF would be required to enter into a memorandum 
of agreement stipulating when temporary closures would take 
place and the parameters and restrictions associated with those 
closures. The bill specifies that temporary closures only occur 
during off-peak visitation times, including holidays and 
weekends, and would be limited to a few hours a year. The bill 
also requires USAF to notify the public 30 days prior to 
temporary closures and post written warnings regarding 
closures. Temporary closures are limited to public visitation 
only; BLM will continue to manage the buffer zones based on 
existing uses, including recreation, grazing, and other 
multiple uses.
    The buffer areas will also serve as a buffer against 
encroachment on the range. The bill prohibits ordnance from 
being dropped in the buffer zones, does not designate new 
wilderness, and grants no additional authority to DOD to close 
Interstate 80. The bill does not impact, alter, or change any 
of the following: continuation of livestock grazing permits and 
leases; access for off-highway vehicle use in the Knolls 
Recreation Area, aside from temporary closures; existing 
agreements between state and federal agencies that specify 
bighorn sheep management, including hunting opportunities in 
the Newfoundland Mountains; existing emergency access or 
response efforts by local, state, or federal agencies; access 
to National Historic Trails or other Federal or State historic 
landmarks; existing airspace regulations, traffic patterns, and 
airspace management in western Utah; existing water rights or 
uses in the West Desert; the ``Hansen Moratorium'' which 
prevents certain development in lands surrounding the UTTR, 
including the storage of high-level nuclear waste; and any 
right or treaty with the Goshute Indian tribe.
    Title I of the bill establishes a ``Community Resource 
Group'' charged with providing input to BLM and USAF on issues 
related to public access and the overall management of the 
affected BLM land. This group will be comprised of USAF; BLM; 
County Commissioners from Box Elder, Tooele, and Juab Counties; 
representatives from Utah recreational, hunting, and ranching 
groups; a representative from local Indian tribes; and others.
    Title II of H.R. 4579 would provide BLM and the State of 
Utah an opportunity to exchange certain State land within the 
buffer areas around UTTR for federal parcels in other areas of 
the State. Specifically, the bill would authorize the 
conveyance of all School and Institutional Trust Lands 
Administration (SITLA) lands within the buffer areas (84,609 
acres) to the BLM in exchange for the conveyance of 97,073 
acres of federal land in other areas of the State to the State 
of Utah to be designated as SITLA lands. In addition, SITLA 
would convey to BLM approximately 2,353 acres of land and 
approximately 3,560 acres of mineral interests located wholly 
or partially within the Cedar Mountain Wilderness Area. The 
exchange is intended to be equal value. However, if appraisals 
indicate that the lands to be exchanged are not of equal value, 
adjustments must be made to the total size of acreage exchanged 
to match the value of the exchanged land. In addition, SITLA 
must present any exchange proposal to the Utah legislature for 
approval prior to initiating the exchange, in accordance with 
Utah law.
    Consolidating land within the buffer zones into contiguous 
federally-owned blocks is intended to alleviate checkerboard 
ownership patterns within the buffer zones and improve BLM 
management. Revenue generated from resource development on 
SITLA lands represents a significant part of funding for Utah's 
public education system. Since the SITLA parcels located within 
the proposed buffer areas are not currently generating 
substantial revenues, acquiring new SITLA parcels in other 
areas of the State would likely increase revenue for Utah's 
public and charter school system.
    Title III of H.R. 4579 requires the Secretaries of the 
Interior and Agriculture to convey to Box Elder, Juab, and 
Toole Counties, with the State of Utah as a joint tenant with 
undivided interest, certain easements for motorized travel 
rights-of-way (ROW) across federal land, known as R.S. 2477 
roads. The bill also states that Congress recognizes the 
existence and validity of each ROW across federal land for all 
county roads within these counties. Many local officials and 
stakeholders feel that these ROWs, which cross federal land, 
should not be subject to closure or other management decisions 
by the federal government and are owned outright by the 
relevant county.
    During markup, Chairman Rob Bishop (R-UT) offered an 
amendment, which passed by voice vote, that reduces the 
authorization and renewal period of the Community Resource 
Group from ten to seven years in compliance with House 
protocols, provides a clearer description of affected road 
easements being conveyed by referencing different maps, and 
makes technical changes regarding map descriptions.

                            COMMITTEE ACTION

    H.R. 4579 was introduced on February 12, 2016, by 
Congressman Chris Stewart (R-UT). The bill was referred to the 
Committee on Natural Resources, and within the Committee, to 
the Subcommittee on Federal Lands. The bill was additionally 
referred to the Committee on Armed Services. On February 25, 
2016, the Subcommittee on Federal Lands held a hearing on the 
bill. On March 15, 2016, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Congressman Rob Bishop (R-UT) offered an amendment 
designated 039; it was adopted by voice vote. Congressman Alan 
Lowenthal (D-CA) offered an amendment designated 058; it was 
not adopted by a roll call vote of 14 ayes to 20 nays, as 
follows:
 
 [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

            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 and Congressional Budget Act of 
1974. With respect to the requirements of clause 3(c)(2) and 
(3) of rule XIII of the Rules of the House of Representatives 
and sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the enclosed cost estimate for 
the bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 16, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4579, the Utah 
Test and Training Range Encroachment Prevention and Temporary 
Closure Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 4579--Utah Test and Training Range Encroachment Prevention and 
        Temporary Closure Act

    H.R. 4579 would require the Bureau of Land Management (BLM) 
to exchange 98,000 acres of federal lands in Utah for at least 
84,000 acres of land and mineral estate administered by Utah's 
School and Institutional Trust Lands Administration (SITLA). 
The bill also would impose certain requirements on how BLM 
would manage 700,000 acres of federal lands near a military 
training range operated by the U.S. Air Force. Finally, the 
bill would require BLM and the Forest Service to convey, 
without consideration, rights-of-way on federal lands 
underneath and adjacent to certain roads in several counties in 
Utah.
    Because H.R. 4579 could affect direct spending, pay-as-you-
go procedures apply. However, we estimate that any net change 
in direct spending would not be significant over the 2017-2026 
period. Enacting the bill would not affect revenues.
    CBO estimates that enacting H.R. 4579 would not increase 
net direct spending or on-budget deficits in any of the four 
consecutive 10-year periods beginning in 2027.
    The bill would require BLM to convey 98,000 acres of 
federal land in western Utah to SITLA in exchange for at least 
84,000 acres of state lands. CBO expects that the value of the 
federal lands would equal or exceed the value of the state 
lands. If the value of the state lands is less than the value 
of the federal lands, the state would be required to convey 
additional lands in order to equalize values of the exchange. 
The federal lands that would be conveyed to SITLA are not 
located near mineral resources that are expected to generate 
receipts for the federal government under current law. 
Conveying those lands would reduce offsetting receipts from 
grazing on the affected lands and could reduce receipts from 
the development of geothermal resources; however, CBO estimates 
that the amount of lost receipts would not be significant and 
could be partially offset by proceeds from grazing on the state 
lands that BLM would acquire in the exchange.
    H.R. 4579 also would prohibit mineral development on 
700,000 acres of federal land located adjacent to the Utah Test 
and Training Range and would prohibit BLM from granting any new 
use permits or rights-of-way on those lands. Prohibiting those 
activities in the future could reduce offsetting receipts over 
the next 10 years; however, based on information from BLM, CBO 
estimates that any loss of receipts would be negligible.
    Finally, the bill would require BLM and the Forest Service 
to convey rights-of-way for roads and lands adjacent to those 
roads to the State of Utah. Because the bill does not limit the 
amount of federal lands that the state can claim rights over, 
CBO cannot identify all of the lands that may be affected. 
However, based on information regarding the land uses 
prevailing in the areas likely to be affected, CBO estimates 
that any effect on offsetting receipts would be negligible.
    H.R. 4579 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act. The land exchange 
authorized in the bill would benefit the State of Utah and 
local governments in the state. The land exchange also could 
increase revenue from resource development on state trust lands 
that is used to fund public schools in Utah. Any costs incurred 
by the State of Utah or local governments associated with the 
land exchange or with agreements with federal agencies would 
result from voluntary commitments.
    The bill would impose a private-sector mandate, as defined 
in UMRA, by eliminating an individual's existing right to seek 
compensation from the federal government for damages occurring 
in the course of any authorized nondefense-related activity 
conducted on BLM land. Under current law private entities may 
seek compensation from the United States in a federal court for 
damages committed by persons acting on behalf of the United 
States. The cost of the mandate would be the forgone value of 
awards and settlements in such claims. Information from the 
Department of the Interior indicates that few, if any, of those 
types of claims related to activities on BLM land are brought 
against the United States. Because such claims would probably 
continue to be uncommon, CBO estimates that the cost of the 
mandate would be small and thus would fall below the annual 
threshold established in UMRA for private-sector mandates ($154 
million in 2016, adjusted annually for inflation).
    The CBO staff contacts for this estimate are Jeff LaFave 
(for federal costs), Jon Sperl (for intergovernmental 
mandates), and Paige Piper/Bach (for private-sector mandates). 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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.

                           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.

                            DISSENTING VIEWS

    We oppose H.R. 4579; a bill purportedly developed to 
enhance the Air Force's access to public land and increase the 
training capacity of the Utah Test and Training Range (UTTR), 
because it deviates from established standards and contains 
several provisions unrelated to military readiness or national 
security. Rather than introduce a bill that simply responds to 
the military's genuine needs, the bill's sponsors are 
attempting to use the importance of national security as an 
excuse to undermine federal management of public lands.
    The Department of Interior (DOI) and Department of Defense 
(DOD) have a longstanding track record of successful 
partnership. Our nation's military uses over 30 million acres 
of public land for training and other purposes. Public land is 
typically withdrawn for military use for periods ranging from 
20 to 50 years, which provides DOD with the longevity it needs 
to plan and implement its activities, while allowing periodic 
review to ensure that the withdrawal complies with federal land 
management obligations and still serves its stated purpose.
    Title I of H.R. 4579 requires DOI to develop a memorandum 
of agreement with DOD, acting through the Air Force, to provide 
permanent access to approximately 625,000 acres of land 
administered by Bureau of Land Management (BLM). The land would 
continue to be managed by the BLM under the multiple use 
mandate outlined in the Federal Land Policy and Management Act 
of 1976 (FLPMA), the statute that guides BLM's administration 
of public land. However, in written testimony, BLM expressed 
concerns with several provisions in Title I, including the 
permanence of the withdrawal and a provision that restricts 
modifications to its planning documents; these flaws were not 
addressed at markup. We fully support the military's use of 
public lands, but any expansion of that use should follow 
standard procedures and foster further cooperation between the 
two agencies.
    While it's important to facilitate DOD use of public lands 
in Utah, we are particularly concerned with the language in 
Titles II and III, both of which have tenuous connections to 
the Air Force and the UTTR; the Air Force did not mention 
Titles II or III in written testimony.
    Title II authorizes a land exchange aimed at consolidating 
state-owned trust land and removing certain parcels from within 
the boundaries of the proposed UTTR expansion. Many state trust 
lands are isolated parcels, scattered among federal, private, 
and other state land in a checkerboard pattern of land 
ownership that can make it difficult to manage. We support the 
concept of land exchanges to consolidate both state and federal 
land holdings, so long as those land exchanges follow the 
standard guidelines and comply with federal law. Unfortunately, 
as outlined in the bill, this land exchange does not meet those 
criteria. According to BLM testimony, the land identified for 
exchange contains significant natural and cultural resources, 
including general habitat for the Greater Sage-Grouse, historic 
sites eligible for listing on the National Register of Historic 
Places, active ELM grazing allotments, and off-highway vehicle 
trails popular with recreational users.
    Furthermore, the bill contains non-standard appraisal 
language that could undervalue public land holdings and lead to 
an inequitable exchange. At markup, Energy and Minerals 
Subcommittee Ranking Member Lowenthal offered an amendment to 
ensure the application of FLPMA and standard appraisal language 
to the land exchange. The amendment would also have provided 
DOI with the discretion to evaluate individual parcels and 
determine whether or not their disposal is in the national 
interest. Although it would not have impeded the land exchange, 
the majority rejected the amendment.
    Title III, arguably the most problematic section of the 
bill, authorizes issuance of transportation rights-of-way 
across federal land to three Utah counties. Each of these 
counties--Box Elder, Tooele, and Juab Counties--filed claims to 
these routes under RS-2477, an antiquated 19th Century law that 
Congress repealed in 1976. Some western counties are using this 
old law to claim rights-of-way that predate the repeal in order 
to break up federal conservation areas and undermine federal 
management of public land. In the case of this bill, the routes 
identified by the maps cross 13 miles of congressionally-
designated wilderness, 38 miles of wilderness study areas, and 
61 miles of lands with wilderness characteristics. Furthermore, 
requiring BLM to recognize the validity of these claims would 
transfer approximately 6,000 miles of roads across federal land 
without proper review or oversight, ignoring the existing 
administration process to validate RS-2477 claims and the fact 
that many of the claimed routes are part of active litigation 
initiated by the counties.
    In response to questions submitted for the record, the Air 
Force stated that it ``has no equity'' in Title III of the 
legislation. Title III has nothing to do with UTTR, military 
readiness, or national security, and should be removed from the 
bill. An amendment to strike this title from the bill, also 
sponsored by Representative Lowenthal, was rejected by the 
majority.
    We support the military's continued use of public land. 
This bill, however, blends that stated purpose with an attempt 
to undermine federal management of public land, unnecessarily 
complicating what should be a bi-partisan proposal to expand 
the Air Force's training capability.
                                  Raul Grijalva,
                                          Ranking Member, Committee on 
                                              Natural Resources.
                                  Niki Tsongas,
                                          Ranking Member, Subcommittee 
                                              on Federal Lands.
                                  Alan Lowenthal,
                                          Ranking Member, Subcommittee 
                                              on Energy and Mineral 
                                              Resources.

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