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Code · BILL · 114th Congress · S. 2943 (Engrossed in Senate) — To authorize appropriations for fiscal year 2017 for military activities of the Department of Defense, for military c... · Sec. 2833

Sec. 2833. Memorandum of agreement

597 words·~3 min read·/bill/114/s/2943/es/section-2833·

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Not later than 1 year after the date of enactment of this Act, the Secretary and the Secretary of the Air Force shall enter into a memorandum of agreement to authorize the Secretary of the Air Force, in consultation with the Secretary, to impose limited closures of the BLM land for military operations and national security and public safety purposes, as provided in this part. Not later than 180 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 (1).
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 Advisory Group established under section 2836 to provide comments on the draft memorandum of agreement. The memorandum of agreement entered into under paragraph
(1)shall provide that the Secretary shall continue to manage the BLM land in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) and applicable land use plans, while allowing for the temporary closure of the BLM land in accordance with this part. The Secretary shall consult with the Secretary of the Air Force regarding Utah Test and Training Range mission requirements before issuing new use permits or rights-of-way on the BLM land. The Secretary and the Secretary of the Air Force shall establish within the memorandum of agreement entered into under paragraph
(1)a framework agreed to by the Secretary and the Secretary of the Air Force for resolving any disagreement on the issuance of permits or rights-of-way on the BLM land. The memorandum of agreement entered into under paragraph
(1)shall be for a term to be determined by the Secretary and the Secretary of the Air Force, not to exceed 25 years. The memorandum of agreement may be terminated before the date determined under subparagraph
(A)if the Secretary of the Air Force determines that the temporary closure of the BLM land is no longer necessary to fulfill Utah Test and Training Range mission requirements. The Secretary may correct any minor errors in the map described in section 2832(1). If corrective action is necessary on the BLM land due to an action of the Air Force, the Secretary of the Air Force shall— render the BLM land safe for public use; and appropriately communicate the safety of the land to the Secretary on the date on which the BLM land is rendered safe for public use under paragraph (1). The Secretary shall consult with any federally recognized Indian tribe in the vicinity of the BLM land before entering into any agreement under this part. Nothing in this part impacts the management of grazing on the BLM land. The Secretary shall continue grazing management on the BLM land pursuant to the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) and applicable resource management plans. Nothing in this section precludes the continuation of the memorandum of understanding between the Department of the Interior and the Department of the Air Force with respect to emergency access and response, as in existence on the date of enactment of this Act. 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.
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Sec. 2833
Memorandum of agreement
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