Sec. 102. Temporary closures
519 words·~2 min read·
/bill/114/hr/4579/rh/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. Any temporary closure under subsection (a)— 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; shall not occur on a State or Federal holiday, unless notice is provided in accordance with subsection (c)(1)(B); shall not occur on a Friday, Saturday, or Sunday, unless notice is provided in accordance with subsection (c)(1)(B); and if practicable, shall be for not longer than a 3-hour period per day; shall only be for longer than a 3-hour period per day— for mission essential reasons; and as infrequently as practicable and in no case for more than 10 days per year; and shall in no case be for longer than a 6-hour period per day.
Except as provided in paragraph (2), the Secretary of the Air Force shall— keep appropriate warning notices posted before and during any temporary closure; and provide notice to the Secretary, public, and relevant stakeholders concerning the temporary closure— at least 30 days before the date on which the temporary closure goes into effect; 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 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. 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. The total cumulative hours of temporary closures authorized under this section with respect to the BLM land shall not exceed 100 hours annually. 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. 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. 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. Livestock shall be allowed to remain on the BLM land during a temporary closure of the BLM land under this section.