Sec. 3011. WITHDRAWALS
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## SEC. 3011 WITHDRAWALS ###
(a)Naval Air Station Fallon Ranges, Nevada ####
(1)Withdrawal and reservation #####
(A)Subject to valid existing rights and except as otherwise provided in this subtitle, the lands established at the B-16, B-17, B-19, and B-20 Ranges, as referred to in paragraph (2), and all other areas within the boundary of such lands as depicted on the map referred to in such paragraph which may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. #####
(B)The lands and interests in lands within the boundaries established at the Dixie Valley Training Area, as referred to in paragraph (2), are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and geothermal leasing laws, but not the mineral leasing laws. #####
(C)The lands withdrawn by subparagraphs
(A)and
(B)are reserved for use by the Secretary of the Navy for— ######
(i)testing and training for aerial bombing, missile firing, and tactical maneuvering and air support; and ######
(ii)other defense-related purposes consistent with the purposes specified in this subparagraph. ####
(2)Land description The public lands and interests in lands withdrawn and reserved by this subsection comprise approximately 204,953 acres of land in Churchill County, Nevada, as generally depicted as “Proposed Withdrawal Land” and “Existing Withdrawals” on the map entitled “Naval Air Station Fallon Ranges—Proposed Withdrawal of Public Lands for Range Safety and Training Purposes”, dated May 25, 1999, and filed in accordance with section 3012. ####
(3)Relationship to other reservations #####
(A)B-16 range To the extent the withdrawal and reservation made by paragraph
(1)for the B-16 Range withdraws lands currently withdrawn and reserved for use by the Bureau of Reclamation, the reservation made by that paragraph shall be the primary reservation for public safety management actions only, and the existing Bureau of Reclamation reservation shall be the primary reservation for all other management actions. #####
(B)Shoal site The Secretary of Energy shall remain responsible and liable for the subsurface estate and all its activities at the “Shoal Site” withdrawn and reserved by Public Land Order Number 2771, as amended by Public Land Order Number 2834. The Secretary of the Navy shall be responsible for the management and use of the surface estate at the “Shoal Site” pursuant to the withdrawal and reservation made by paragraph (1). ####
(4)Water rights Effective as of the date of the enactment of this Act, the Secretary of the Navy shall ensure that the Navy complies with the portion of the memorandum of understanding between the Department of the Navy and the United States Fish and Wildlife Service dated July 26, 1995, requiring the Navy to limit water rights to the maximum extent practicable, consistent with safety of operations, for Naval Air Station Fallon, Nevada, currently not more than 4,402 acre-feet of water per year. ####
(5)Intergovernmental executive committee #####
(A)Establishment The Secretary of the Navy and the Secretary of the Interior shall jointly establish, by memorandum of understanding, an intergovernmental executive committee (referred to in this paragraph as the ‘executive committee’), for the purpose of exchanging views, information, and advice relating to the management of the natural and cultural resources of the land described in paragraph (2). #####
(B)Memorandum of understanding The memorandum of understanding entered into under subparagraph
(A)shall include— ######
(i)a description of the officials and other individuals to be invited to participate as members in the executive committee under subparagraph (C); ######
(ii)a description of the duties of the Chairperson and Vice Chairperson of the executive committee; and ######
(iii)subject to subparagraphs
(D)and (E), a procedure for— ######
(I)creating a forum to carry out the purpose described in subparagraph (A); ######
(II)rotating the Chairperson of the executive committee; and ######
(III)scheduling regular meetings of the executive committee. #####
(C)Membership The executive committee shall be comprised of— ######
(i)1 representative of the Nevada Department of Wildlife; ######
(ii)1 representative of the Nevada Department of Conservation and Natural Resources; ######
(iii)1 county commissioner from each of Churchill, Lyon, Nye, Mineral, and Pershing Counties, Nevada; ######
(iv)1 representative of each Indian tribe in the vicinity of the land described in paragraph (2); and ######
(v)not more than 3 members that the Secretary of the Navy and the Secretary of the Interior jointly determine would advance the goals and objectives of the executive committee. #####
(D)Chairperson and vice chairperson The members of the executive committee shall elect from among the members— ######
(i)1 member to serve as Chairperson of the executive committee; and ######
(ii)1 member to serve as Vice Chairperson of the executive committee. #####
(E)Meetings ######
(i)Frequency The executive committee shall meet not less frequently than 3 times each calendar year. ######
(ii)Location The location of the meetings of the executive committee shall rotate to facilitate ease of access for all members of the executive committee. ######
(iii)Public accessibility The meetings of the executive committee shall— ######
(I)be open to the public; and ######
(II)serve as a forum for the public to provide comments regarding the natural and cultural resources of the land described in paragraph (2). #####
(F)Conditions and terms ######
(i)In general Each member of the executive committee shall serve voluntarily and without compensation. ######
(ii)Term of appointment ######
(I)In general Except as provided in subclause (II)(bb), each member of the executive committee shall be appointed for a term of 4 years. ######
(II)Original members Of the members initially appointed to the executive committee, the Secretary of the Navy and the Secretary of the Interior shall select— ######
(aa)½ to serve for a term of 4 years; and ######
(bb)½ to serve for a term of 2 years. ######
(iii)Reappointment and replacement The Secretary of the Navy and the Secretary of the Interior may reappoint or replace, as appropriate, a member of the executive committee if— ######
(I)the term of the member has expired; ######
(II)the member has resigned; or ######
(III)the position held by the member 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. #####
(G)Liaisons The Secretary of the Navy and the Secretary of the Interior shall each appoint appropriate operational and land management personnel of the Department of the Navy and the Department of the Interior, respectively, to serve as liaisons to the executive committee. ###
(b)Nellis Air Force Range, Nevada ####
(1)Department of air force Subject to valid existing rights and except as otherwise provided in this subtitle, the public lands described in paragraph
(4)are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. Such lands are reserved for use by the Secretary of the Air Force, subject to the conditions set forth in subsection
(a)of section 3014— #####
(A)as an armament and high hazard testing area; #####
(B)for training for aerial gunnery, rocketry, electronic warfare, and tactical maneuvering and air support; #####
(C)for equipment and tactics development and testing; #####
(D)for emergency response; #####
(E)for the establishment and use of existing or new electronic tracking and communications sites, including the construction of up to 15 equipment pads, no larger than 150-by-150 feet in size, along existing roads to allow placement and operation of threat emitters; #####
(F)for the use and maintenance of roads in existence as of January 1, 2024, to allow access to threat emitters and repeaters for installation, maintenance, and periodic relocation; and #####
(G)for other defense-related purposes consistent with the purposes specified in this paragraph. ####
(2)Department of energy #####
(A)Revocation Public Land Order Number 1662, published in the Federal Register on June 26, 1958, is hereby revoked in its entirety. #####
(B)Withdrawal Subject to valid existing rights, all lands within the boundary of the area labeled “Pahute Mesa” as generally depicted on the map referred to in paragraph
(4)are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. #####
(C)Reservation The lands withdrawn under subparagraph
(B)are reserved for use by the Secretary of Energy as an integral part of the Nevada Test Site. Other provisions of this subtitle do not apply to the land withdrawn and reserved under this paragraph, except as provided in section 3017. ####
(3)Department of interior Notwithstanding the Desert National Wildlife Refuge withdrawal and reservation made by Executive Order No. 7373, dated May 20, 1936, as amended by Public Land Order Number 4079, dated August 26, 1966, and Public Land Order Number 7070, dated August 4, 1994, the lands depicted as impact areas on the map referred to in paragraph
(4)are, upon completion of the transfers authorized in paragraph (5)(F)(ii), transferred to the primary jurisdiction of the Secretary of the Air Force, who shall manage the lands in accordance with the memorandum of understanding referred to in paragraph (5)(E). The Secretary of the Interior shall retain secondary jurisdiction over the lands for wildlife conservation purposes. ####
(4)Land description The public lands and interests in lands withdrawn and reserved by paragraphs
(1)and
(2)comprise— #####
(A)approximately 2,919,890 acres of land in Clark, Lincoln, and Nye Counties, Nevada, as generally depicted on the map entitled “Nevada Test and Training Range, Proposed Withdrawal Extension”, dated April 22, 1999, and filed in accordance with section 3012; #####
(B)approximately 710 acres of land in Clark County, Nevada, identified as “Addition to Nellis Air Force Base” on the map entitled “Nellis Dunes Off-Highway Vehicle Recreation Area” and dated June 26, 2012; and #####
(C)approximately 410 acres of land in Clark County, Nevada, identified as “Addition to Nellis Air Force Base” on the map entitled “North Las Vegas Valley Overview” and dated November 5, 2013. ####
(5)Desert national wildlife refuge #####
(A)Management During the period of withdrawal and reservation of lands by this subtitle, the Secretary of the Interior shall exercise administrative jurisdiction over the Desert National Wildlife Refuge (except for the lands referred to in this subsection ) through the United States Fish and Wildlife Service in accordance with the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), this subtitle, and other laws applicable to the National Wildlife Refuge System. #####
(B)Use of mineral materials Notwithstanding any other provision of this subtitle or the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.), no mineral material resources may be obtained from the parts of the Desert National Wildlife Refuge that are not depicted as impact areas on the map referred to in paragraph (4), except in accordance with the procedures set forth in the memorandum of understanding referred to in subparagraph (E). #####
(C)Access restrictions If the Secretary of the Air Force determines that military operations, public safety, or national security require the closure to the public of any road, trail, or other portion of the Desert National Wildlife Refuge that is withdrawn by this subtitle, the Secretary of the Interior shall take action to effect and maintain such closure, including agreeing to amend the memorandum of understanding referred to in subparagraph
(E)to establish new or enhanced surface safety zones. #####
(D)Effect of subtitle Neither the withdrawal under paragraph
(1)nor any other provision of this subtitle, except this subsection and subsections
(a)and
(b)of section 3014, shall be construed to effect the following: ######
(i)The National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) or any other law related to management of the National Wildlife Refuge System. ######
(ii)Any Executive order or public land order in effect on the date of the enactment of this Act with respect to the Desert National Wildlife Refuge. ######
(iii)Any memorandum of understanding between the Secretary of the Interior and the Secretary of the Air Force concerning the joint use of lands withdrawn for use by the Air Force within the external boundaries of the Desert National Wildlife Refuge, except to the extent the provisions of such memorandum of understanding are inconsistent with the provisions of this subtitle, in which case such memorandum of understanding shall be reviewed and amended to conform to the provisions of this title not later than 120 days after the date of the enactment of this Act. #####
(E)Memorandum of understanding ######
(i)The Secretary of the Interior, in coordination with the Secretary of the Air Force, shall manage the portion of the Desert National Wildlife Refuge withdrawn by this subtitle, except for the lands referred to in paragraph (3), for the purposes for which the refuge was established, and to support current and future military aviation training needs consistent with the current memorandum of understanding between the Department of the Air Force and the Department of the Interior, including any extension or other amendment of such memorandum of understanding as provided under this subparagraph. ######
(ii)As part of the review of the existing memorandum of understanding provided for in this paragraph, the Secretary of the Interior and the Secretary of the Air Force shall extend the memorandum of understanding for a period that coincides with the duration of the withdrawal of the lands constituting Nellis Air Force Range under this subtitle. ######
(iii)Nothing in this paragraph shall be construed as prohibiting the Secretary of the Interior and the Secretary of the Air Force from revising the memorandum of understanding at any future time should they mutually agree to do so. ######
(iv)Amendments to the memorandum of understanding shall take effect 90 days after the date on which the Secretary of the Interior submits notice of such amendments to the Committees on Environment and Public Works, Energy and Natural Resources, and Armed Services of the Senate and the Committees on Resources and Armed Services of the House of Representatives. #####
(F)Acquisition of replacement property ######
(i)In addition to any other amounts authorized to be appropriated by section 3041, there are hereby authorized to be appropriated to the Secretary of the Air Force such sums as may be necessary for the replacement of National Wildlife Refuge System lands in Nevada covered by this subsection. ######
(ii)The Secretary of the Air Force may, using funds appropriated pursuant to the authorization of appropriations in clause
(i)to— ######
(I)acquire lands, waters, or interests in lands or waters in Nevada pursuant to clause
(i)which are acceptable to the Secretary of the Interior, and transfer such lands to the Secretary of the Interior; or ######
(II)transfer such funds to the Secretary of the Interior for the purpose of acquiring such lands. ######
(iii)The transfers authorized by clause
(ii)shall be deemed complete upon written notification from the Secretary of the Interior to the Secretary of the Air Force that lands, or funds, equal to the amount appropriated pursuant to the authorization of appropriations in clause
(i)have been received by the Secretary of the Interior from the Secretary of the Air Force. #####
(G)Interagency committee ######
(i)In general The Secretary of the Interior and the Secretary of the Air Force shall jointly establish an interagency committee (referred to in this subparagraph as the “interagency committee”) to— ######
(I)facilitate coordination, manage public access needs and requirements, and minimize potential conflict between the Department of the Interior and the Department of the Air Force with respect to joint operating areas within the Desert National Wildlife Refuge; and ######
(II)discuss the activities authorized in paragraph
(1)and provide input to the United States Fish and Wildlife Service and the Department of the Air Force when assessing whether these activities may be conducted on the joint operating areas within the Desert National Wildlife Refuge that are under the primary jurisdiction of the Secretary of the Interior in a manner that is consistent with the National Wildlife Refuge System Administration Act (16 U.S.C. 668dd et seq.) and other applicable law. ######
(ii)Membership The interagency committee shall include only the following members: ######
(I)Representatives from the United States Fish and Wildlife Service, including a designee of the Director of the United States Fish and Wildlife Service. ######
(II)Representatives from the Department of the Air Force, including a designee of the Assistant Secretary of the Air Force for Energy, Installations, and Environment. ######
(III)The Project Leader of the Desert National Wildlife Refuge Complex. ######
(IV)The Commander of the Nevada Test and Training Range, Nellis Air Force Base. ######
(iii)Report to congress The interagency committee shall biannually submit to the Committees on Armed Services, Environment and Public Works, and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives, and make available publicly online, a report on the activities of the interagency committee. #####
(H)Intergovernmental executive committee ######
(i)Establishment The Secretary of the Interior and the Secretary of the Air Force shall jointly establish, by memorandum of understanding, an intergovernmental executive committee (referred to in this subparagraph as the ‘executive committee’) in accordance with this subparagraph. ######
(ii)Purpose The executive committee shall be established for the purposes of— ######
(I)exchanging views, information, and advice relating to the management of the natural and cultural resources of the lands withdrawn and reserved by this section; ######
(II)discussing and making recommendations to the interagency committee established under subparagraph
(G)with respect to public access needs and requirements; and ######
(III)discussing and making recommendations to the interagency committee established under subparagraph
(G)with respect to any proposal by the Secretary of the Air Force to undertake any of the activities authorized in paragraph
(1)on the joint operating areas within the Desert National Wildlife Refuge. ######
(iii)Composition The executive committee shall comprise the following members: ######
(I)Federal agencies The Secretary of the Interior and the Secretary of the Air Force shall each appoint 1 representative from an interested Federal agency. ######
(II)State government The Secretary of the Interior and the Secretary of the Air Force shall jointly invite 1 representative of the Nevada Department of Wildlife. ######
(III)Local governments The Secretary of the Interior and the Secretary of the Air Force shall jointly invite 1 county commissioner of each of Clark, Nye, and Lincoln Counties, Nevada. ######
(IV)Tribal governments The Secretary of the Interior and the Secretary of the Air Force shall jointly invite 1 representative of each Indian tribe in the vicinity of the portions of the joint use area of the Desert National Wildlife Refuge where the Secretary of the Interior exercises primary jurisdiction. ######
(V)Public The Secretary of the Interior and the Secretary of the Air Force shall jointly invite not more than 3 private individuals who the Secretary of the Interior and the Secretary of the Air Force jointly determine would further the goals and objectives of the executive committee. ######
(VI)Additional members The Secretary of the Interior and the Secretary of the Air Force may designate such additional members as the Secretary of the Interior and the Secretary of the Air Force jointly determine to be appropriate. ######
(iv)Operation The executive committee shall operate in accordance with the terms set forth in the memorandum of understanding under clause (i), which shall specify the officials or other individuals to be invited to participate in the executive committee in accordance with clause (iii). ######
(v)Procedures Subject to clauses
(vi)and (vii), the memorandum of understanding under clause
(i)shall establish procedures for— ######
(I)creating a forum for carrying out the purpose described in clause (ii); ######
(II)rotating the Chairperson of the executive committee; and ######
(III)scheduling regular meetings. ######
(vi)Chairperson and vice chairperson ######
(I)In general The members of the executive committee shall elect from among the members— ######
(aa)1 member to serve as the Chairperson of the executive committee; and ######
(bb)1 member to serve as the Vice Chairperson of the executive committee. ######
(II)Duties The duties of each of the Chairperson and the Vice Chairperson shall be included in the memorandum of understanding under clause (i). ######
(vii)Meetings ######
(I)Frequency The executive committee shall meet not less frequently than 3 times each calendar year. ######
(II)Meeting locations Locations of meetings of the executive committee shall rotate to facilitate ease of access for all executive committee members. ######
(III)Public accessibility Meetings of the executive committee shall— ######
(aa)be open to the public; and ######
(bb)provide a forum for the public to provide comment regarding the management of, and public access to, the Nevada Test and Training Range and the Desert National Wildlife Refuge. ######
(viii)Conditions and terms of appointment ######
(I)In general Each member of the executive committee shall serve voluntarily and without compensation. ######
(II)Term of appointment ######
(aa)In general Each member of the executive committee shall be appointed for a term of 4 years. ######
(bb)Original members Notwithstanding item (aa), the Secretary of the Interior and the Secretary of the Air Force shall select— ######
(AA)½ of the original members of the executive committee to serve for a term of 4 years; and ######
(BB)½ of the original members of the executive committee to serve for a term of 2 years. ######
(III)Reappointment and replacement The Secretary of the Interior and the Secretary of the Air Force may reappoint or replace a member of the executive committee if— ######
(aa)the term of the member has expired; ######
(bb)the member has resigned; or ######
(cc)the position held by the member 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. ######
(ix)Liaisons The Secretary of the Air Force and the Secretary of the Interior shall each appoint appropriate operational and land management personnel of the Department of the Air Force and the Department of the Interior, respectively, to participate in, and serve as liaisons to, the executive committee. ####
(6)Existing mineral materials contracts #####
(A)Applicability Section 3022 shall not apply to any mineral material resource authorized for sale by the Secretary of the Interior under a valid contract for the duration of the contract. #####
(B)Access Notwithstanding any other provision of this subtitle, the Secretary of the Air Force shall allow adequate and reasonable access to mineral material resources authorized for sale by the Secretary of the Interior under a valid contract for the duration of the contract. ###
(c)Fort Greely and Fort Wainwright Training Ranges, Alaska ####
(1)Withdrawal and reservation Subject to valid existing rights and except as otherwise provided in this subtitle, all lands and interests in lands within the boundaries established at the Fort Greely East and West Training Ranges and the Yukon Training Range of Fort Wainwright, as referred to in paragraph (2), are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. Such lands are reserved for use by the Secretary of the Army for— #####
(A)military maneuvering, training, and equipment development and testing; #####
(B)training for aerial gunnery, rocketry, electronic warfare, and tactical maneuvering and air support; and #####
(C)other defense-related purposes consistent with the purposes specified in this paragraph. ####
(2)Land description The public lands and interests in lands withdrawn and reserved by this subsection comprise approximately 869,862 acres of land in the Fairbanks North Star Borough and the Unorganized Borough, Alaska, as generally depicted on the map entitled “Fort Wainwright and Fort Greely Regional Context Map”, dated June 3, 1987, and filed in accordance with section 3012. ###
(d)McGregor Range, Fort Bliss, New Mexico ####
(1)Withdrawal and reservation Subject to valid existing rights and except as otherwise provided in this subtitle, all lands and interests in lands within the boundaries established at the McGregor Range of Fort Bliss, as referred to in paragraph (2), are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws. Such lands are reserved for use by the Secretary of the Army for— #####
(A)military maneuvering, training, and equipment development and testing; #####
(B)training for aerial gunnery, rocketry, electronic warfare, and tactical maneuvering and air support associated with the Air Force Tactical Target Complex; and #####
(C)other defense-related purposes consistent with the purposes specified in this paragraph. ####
(2)Land description The public lands and interests in lands withdrawn and reserved by this subsection comprise approximately 605,401 acres of land in Otero County, New Mexico, as generally depicted on the map entitled “McGregor Range Withdrawal”, dated June 3, 1999, and filed in accordance with section 3012.
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