Sec. 2842. Bureau of Land Management withdrawn military lands efficiency and savings

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Subsection

(a)of section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65 ; 113 Stat. 892) is amended to read as follows: The withdrawal and reservation of lands by section 3011 shall terminate only as follows: Upon an election by the Secretary of the military department concerned to relinquish any or all of the land withdrawn and reserved by section 3011. Upon a transfer by the Secretary of the Interior, under section 3016 and upon request by the Secretary of the military department concerned, of administrative jurisdiction over the land to the Secretary of the military department concerned. Such a transfer may consist of a portion of the land, in which case the termination of the withdrawal and reservation applies only with respect to the land so transferred. . The Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65 ) is further amended— by redesignating sections 3022 and 3023 as sections 3027 and 3028, respectively; and by striking sections 3016 through 3021 and inserting the following new sections: The Secretary of the Interior shall, upon the request of the Secretary concerned, transfer to the Secretary concerned administrative jurisdiction over the land withdrawn and reserved by section 3011, or a portion of the land as the Secretary concerned may request. The transfer of administrative jurisdiction under subsection

(a)shall be subject to any valid existing rights. The transfer of administrative jurisdiction under subsection

(a)shall occur pursuant to a schedule agreed upon by the Secretary of the Interior and the Secretary concerned. The Secretary of the Interior shall publish in the Federal Register a legal description of the public land to be transferred under subsection (a). 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 copy of the legal description prepared under paragraph (1); and the map referred to in subsection (a). Copies of the legal description and map filed under paragraph

(2)shall be available for public inspection in the appropriate offices of— the Bureau of Land Management; the commanding officer of the installation; and the Secretary concerned. 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. Any transfer entered into pursuant to subsection

(a)shall be made without reimbursement, except that the Secretary concerned 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. Upon the transfer of administrative jurisdiction of land under section 3016— the land shall be treated as property (as defined in section 102(9) of title 40, United States Code) under the administrative jurisdiction of the Secretary concerned; and the Secretary concerned shall administer the land for military purposes. Subject to valid existing rights, land for which the administrative jurisdiction is transferred under section 3016 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, for as long as the land is under the administrative jurisdiction of the Secretary concerned. Not later than one year after the transfer of land under section 3016, the Secretary concerned, 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. Sections 3018 through 3026 do not apply to lands transferred under section 3016 or to the management of such land. Nothing in this subtitle shall be construed as limiting the authority to transfer administrative jurisdiction over the land transferred under section 3016 to another armed force pursuant to section 2696 of title 10, United States Code, and the provisions of this section shall continue to apply to any such lands. Sections 3014 through 3028 apply to the lands withdrawn and reserved by section 3011 except— to the B-16 Range referred to in section 3011(a)(3)(A), for which only section 3019 applies; to the Shoal Site referred to in section 3011(a)(3)(B), for which sections 3014 through 3028 apply only to the surface estate; to the Pahute Mesa area referred to in section 3011(b)(2); and to the Desert National Wildlife Refuge referred to in section 3011(b)(5)— except for section 3024(b); and for which sections 3014 through 3028 shall only apply to the authorities and responsibilities of the Secretary of the Air Force under section 3011(b)(5). Nothing in this subtitle assigns management of real property under the administrative jurisdiction of the Secretary concerned to the Secretary of the Interior. In this subtitle: The term Indian tribe has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a ). The terms manage and management include the authority to exercise jurisdiction, custody, and control over the lands withdrawn and reserved by section 3011. Such terms do not include authority for disposal of the lands withdrawn and reserved by section 3011. The term Secretary concerned has the meaning given the term in section 101(a) of title 10, United States Code. If the Secretary concerned determines that military operations, public safety, or national security require the closure to the public of any road, trail, or other portion of land withdrawn and reserved by section 3011, the Secretary may take such action as the Secretary determines to be necessary to implement and maintain the closure. Any closure under subsection

(a)shall be limited to the minimum area and duration that the Secretary concerned determines are required for the purposes of the closure. Subject to paragraph (3), before a closure is implemented under this section, the Secretary concerned shall consult with the Secretary of the Interior. Subject to paragraph (3), if a closure proposed under this section may affect access to or use of sacred sites or resources considered to be important by an Indian tribe, the Secretary concerned shall consult, at the earliest practicable date, with the affected Indian tribe. No consultation shall be required under paragraph

(1)or (2)— if the closure is provided for in an integrated natural resources management plan, an installation cultural resources management plan, or a land use management plan; or in the case of an emergency, as determined by the Secretary concerned. Immediately preceding and during any closure implemented under subsection (a), the Secretary concerned shall post appropriate warning notices and take other appropriate actions to notify the public of the closure. In addition to the purposes described in section 3011, the Secretary concerned may authorize the use of land withdrawn and reserved by section 3011 for defense-related purposes. The Secretary concerned shall promptly notify the Secretary of the Interior if the land withdrawn and reserved by section 3011 is used for additional defense-related purposes. A notification under paragraph

(1)shall specify— each additional use; the planned duration of each additional use; and the extent to which each additional use would require that additional or more stringent conditions or restrictions be imposed on otherwise-permitted nondefense-related uses of the withdrawn and reserved land or portions of withdrawn and reserved land. Consistent with any applicable land management plan, the Secretary concerned shall take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the land withdrawn and reserved by section 3011, including fires that occur on other land that spread from the withdrawn and reserved land. At the request of the Secretary concerned, the Secretary of the Interior shall provide assistance in the suppression of fires under subsection (a). The Secretary concerned shall reimburse the Secretary of the Interior for the costs incurred by the Secretary of the Interior in providing such assistance. Notwithstanding section 2215 of title 10, United States Code, the Secretary concerned may transfer to the Secretary of the Interior, in advance, funds to be used to reimburse the costs of the Department of the Interior in providing assistance under this subsection. During the period of a withdrawal and reservation of land by section 3011, the Secretary concerned shall maintain, to the extent funds are available to carry out this subsection, a program of decontamination of contamination caused by defense-related uses on the withdrawn land. The decontamination program shall be carried out consistent with applicable Federal and State law. The Secretary of Defense shall include in the annual report required by section 2711 of title 10, United States Code, a description of decontamination activities conducted under subsection (a). Nothing in this subtitle— establishes a reservation in favor of the United States with respect to any water or water right on the land withdrawn and reserved by section 3011; or authorizes the appropriation of water on the land withdrawn and reserved by section 3011, except in accordance with applicable State law. Nothing in this section affects any water rights acquired or reserved by the United States before October 5, 1999, on the land withdrawn and reserved by section 3011. The Secretary concerned may exercise any water rights described in paragraph (1). Section 2671 of title 10, United States Code, shall apply to all hunting, fishing, and trapping on the land— that is withdrawn and reserved by section 3011; and for which management of the land has been assigned to the Secretary concerned. Hunting, fishing, and trapping within the Desert National Wildlife Refuge shall be conducted in accordance with the National Wildlife Refuge System Administration Act of 1966 ( 16 U.S.C. 668dd et seq. ), the Recreation Use of Wildlife Areas Act of 1969 ( 16 U.S.C. 460k et seq. ), and other laws applicable to the National Wildlife Refuge System. If, during the period of withdrawal and reservation made by section 3011, the Secretary concerned decides to relinquish any or all of the land withdrawn and reserved by section 3011, the Secretary concerned shall submit to the Secretary of the Interior notice of the intention to relinquish the land. The Secretary concerned shall include in the notice submitted under subsection

(a)a written determination concerning whether and to what extent the land that is to be relinquished is contaminated with explosive materials or toxic or hazardous substances. The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish the land under this section, including the determination concerning the contaminated state of the land. The Secretary concerned shall decontaminate land subject to a notice of intention under subsection

(a)to the extent that funds are appropriated for that purpose, if— the land subject to the notice of intention is contaminated, as determined by the Secretary concerned; and the Secretary of the Interior, in consultation with the Secretary concerned, determines that— decontamination is practicable and economically feasible, after taking into consideration the potential future use and value of the contaminated land; and on decontamination of the land, the land could be opened to operation of some or all of the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws. The Secretary of the Interior shall not be required to accept the land proposed for relinquishment under subsection (a), if— the Secretary of the Interior, after consultation with the Secretary concerned, determines that— decontamination of the land is not practicable or economically feasible; or the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws; or sufficient funds are not appropriated for the decontamination of the land. If, because of the contaminated state of the land, the Secretary of the Interior declines to accept land withdrawn and reserved by section 3011 that has been proposed for relinquishment— the Secretary concerned shall take appropriate steps to warn the public of— the contaminated state of the land; and any risks associated with entry onto the land; the Secretary concerned shall submit to the Secretary of the Interior and Congress a report describing— the status of the land; and any actions taken under this paragraph. If the Secretary of the Interior determines that it is in the public interest to accept the land proposed for relinquishment under subsection (a), the Secretary of the Interior may order the revocation of a withdrawal and reservation made by section 3011. To carry out a revocation under paragraph (1), the Secretary of the Interior shall publish in the Federal Register a revocation order that— terminates the withdrawal and reservation; constitutes official acceptance of the land by the Secretary of the Interior; and specifies the date on which the land will be opened to the operation of some or all of the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws. Nothing in this section requires the Secretary of the Interior to accept the land proposed for relinquishment if the Secretary determines that the land is not suitable for return to the public domain. If the Secretary makes a determination that the land is not suitable for return to the public domain, the Secretary shall provide notice of the determination to Congress. Upon a determination by the Secretary concerned that there is no longer a military need for all or portions of the land for which administrative jurisdiction was transferred under section 3016, the Secretary concerned shall notify the Secretary of the Interior of such determination. Subject to subsections (b), (c), and (d), the Secretary concerned shall transfer administrative jurisdiction over the land subject to such a notice back to the administrative jurisdiction of the Secretary of the Interior. Before transmitting a notice under subsection (a), the Secretary concerned shall prepare a written determination concerning whether and to what extent the land to be transferred is contaminated with explosive materials or toxic or hazardous substances. 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. The Secretary concerned shall decontaminate any contaminated land that is the subject of a notice under subsection

(a)if— the Secretary of the Interior, in consultation with the Secretary concerned, determines that— decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land); and upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws; and funds are appropriated for such decontamination. 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. If the Secretary of the Interior declines to accept land proposed for transfer under subsection (a), the Secretary concerned shall dispose of the land in accordance with property disposal procedures established by law. . Section 3014 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65 ; 113 Stat. 890) is amended by striking subsections (b), (d), and (f). The table of sections at the beginning of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65 ; 113 Stat. 885) is amended by striking the items relating to sections 3016 through 3023 and inserting the following new items: Sec. 3016. Transfer process. Sec. 3017. Administration of transferred land. Sec. 3018. General applicability; definitions. Sec. 3019. Access restrictions. Sec. 3020. Changes in use. Sec. 3021. Brush and range fire prevention and suppression. Sec. 3022. Ongoing decontamination. Sec. 3023. Water rights. Sec. 3024. Hunting, fishing, and trapping. Sec. 3025. Relinquishment. Sec. 3026. Effect of termination of military use. Sec. 3027. Use of mineral materials. Sec. 3028. Immunity of United States. .

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