Sec. 3031. BARRY M. GOLDWATER RANGE, ARIZONA

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## SEC. 3031 BARRY M. GOLDWATER RANGE, ARIZONA ###

(a)Withdrawal and Reservation ####

(1)Withdrawal Subject to valid existing rights and except as otherwise provided in this title, all lands and interests in lands within the boundaries established at the Barry M. Goldwater Range, referred to in paragraph (3), are hereby withdrawn from all forms of appropriation under the general land laws, including the mining laws and the mineral leasing and geothermal leasing laws, and jurisdiction over such lands and interests in lands is hereby transferred to the Secretary of the Navy and the Secretary of the Air Force. ####

(2)Reservation The lands withdrawn by paragraph

(1)for the Barry M. Goldwater Range—East are reserved for use by the Secretary of the Air Force, and for the Barry M. Goldwater Range—West are reserved for use by the Secretary of the Navy, for— #####

(A)an armament and high-hazard testing area; #####

(B)training for aerial gunnery, rocketry, electronic warfare, and tactical maneuvering and air support; #####

(C)equipment and tactics development and testing; and #####

(D)other defense-related purposes consistent with the purposes specified in this paragraph. ####

(3)Land description The public lands and interests in lands withdrawn and reserved by this subsection comprise— #####

(A)approximately 1,656,491.94 acres of land in Maricopa, Pima, and Yuma Counties, Arizona, as generally depicted on the map entitled “Barry M. Goldwater Range Requested Withdrawal Extension Map”, dated June 13, 2022, and filed in accordance with section 3033; and #####

(B)approximately 2,365.89 acres of land in Maricopa County, Arizona, as generally depicted on the map entitled “Gila Bend Addition to Barry M. Goldwater Range”, dated July 5, 2022, and filed in accordance with section 3033. ####

(4)Relation to other withdrawals and reservations #####

(A)The prior withdrawals and reservations identified as Public Land Order Nos. 56 and 97, and Executive Orders 8892, 9104, and 9215, are hereby revoked in their entirety. #####

(B)Upon the date of the enactment of this paragraph, the patented mining claim known as the Legal Tender, Mineral Survey No. 3445, located in Section 26, Township 15 South, Range 10 West, Gila Salt River Meridian, Arizona, is hereby transferred from the Secretary of the Air Force to the Secretary of the Interior, at no cost and in “as-is” condition, and shall be managed by the United States Fish and Wildlife Service as a land parcel included within the Cabeza Prieta National Wildlife Refuge and in wilderness status as part of the Cabeza Prieta Wilderness. ####

(5)Termination of current withdrawal Except as otherwise provided in section 3032, as to the lands withdrawn by section 1(c) of the Military Lands Withdrawal Act of 1986 (Public Law 99-606), but not withdrawn for military purposes by this section, the withdrawal of such lands under that Act shall not terminate until after November 6, 2001, or until the relinquishment by the Secretary of the Air Force of such lands is accepted by the Secretary of the Interior, whichever is later. The withdrawal under that Act with respect to the Cabeza Prieta National Wildlife Refuge shall terminate on the date of the enactment of this Act. ####

(6)Changes in use The Secretary of the Navy and the Secretary of the Air Force shall consult with the Secretary of the Interior before using the lands withdrawn and reserved by this section for any purpose other than the purposes specified in paragraph (2). ####

(7)Indian tribes Nothing in this section shall be construed as altering any rights reserved for Indians by treaty or Federal law. ####

(8)Study #####

(A)The Secretary of the Interior, in coordination with the Secretary of Defense, shall conduct a study of the lands referred to in subparagraph

(C)that have important aboriginal, cultural, environmental, or archaeological significance in order to determine the appropriate method to manage and protect such lands following relinquishment of such lands by the Secretary of the Air Force. The study shall consider whether such lands can be better managed by the Federal Government or through conveyance of such lands to another appropriate entity. #####

(B)In carrying out the study required by subparagraph (A), the Secretary of the Interior shall work with the affected tribes and other Federal and State agencies having experience and knowledge of the matters covered by the study, including all applicable laws relating to the management of the resources referred to in subparagraph

(A)on the lands referred to in that subparagraph. #####

(C)The lands referred to in subparagraph

(A)are four tracts of land currently included within the military land withdrawal for the Barry M. Goldwater Air Force Range in the State of Arizona, but that have been identified by the Air Force as unnecessary for military purposes in the Air Force’s Draft Legislative Environmental Impact Statement, dated September 1998, and are depicted in figure 2-1 at page 2-7 of such statement, as amended by figure A at page 177 of volume 2 of the Air Force’s Final Legislative Environmental Impact Statement, dated March 1999, as the following: ######

(i)Area 1 (the Sand Tank Mountains) containing approximately 83,554 acres. ######

(ii)Area 9 (the Sentinel Plain) containing approximately 24,756 acres. ######

(iii)Area 13 (lands surrounding the Ajo Airport) containing approximately 2,779 acres. ######

(iv)Interstate 8 Vicinity Non-renewal Area containing approximately 1,090 acres. #####

(D)Not later than one year after the date of the enactment of this Act, the Secretary of the Interior shall submit to Congress a report containing the results of the study required by subparagraph (A). ###

(b)Management of Withdrawn and Reserved Lands ####

(1)General management authority #####

(A)During the period of the withdrawal and reservation of lands by this section, the Secretary of the Navy and the Secretary of the Air Force shall manage the lands withdrawn and reserved by this section for the military purposes specified in this section, and in accordance with the integrated natural resource management plan prepared pursuant to paragraph (3). #####

(B)Responsibility for the natural and cultural resources management of the lands referred to in subparagraph (A), and the enforcement of Federal laws related thereto, shall not transfer under that subparagraph before the earlier of— ######

(i)the date on which the integrated natural resources management plan required by paragraph

(3)is completed; or ######

(ii)November 6, 2001. #####

(C)The Secretary of the Interior may, if appropriate, transfer responsibility for the natural and cultural resources of the lands referred to in subparagraph

(A)to the Department of the Interior pursuant to paragraph (7). ####

(2)Access restrictions #####

(A)If the Secretary of the Navy or 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 lands withdrawn and reserved by this section, the Secretary of the Navy or the Secretary of the Air Force may take such action as the Secretary of the Navy or the Secretary of the Air Force determines necessary or desirable to effect and maintain such closure. #####

(B)Any closure under this paragraph shall be limited to the minimum areas and periods that the Secretary of the Navy or the Secretary of the Air Force determines are required for the purposes specified in subparagraph (A). #####

(C)Before any nonemergency closure under this paragraph not specified in the integrated natural resources management plan required by paragraph (3), the Secretary of the Navy or the Secretary of the Air Force shall consult with the Secretary of the Interior and, where such closure may affect tribal lands, treaty rights, or sacred sites, the Secretary of the Navy or the Secretary of the Air Force shall consult, at the earliest practicable time, with affected Indian tribes. #####

(D)Immediately before and during any closure under this paragraph, the Secretary of the Navy or the Secretary of the Air Force shall post appropriate warning notices and take other steps, as necessary, to notify the public of such closure. ####

(3)Integrated natural resources management plan #####

(A)Not later than two years after the date of the enactment of this Act, the Secretary of the Navy, the Secretary of the Air Force, and the Secretary of the Interior shall jointly prepare an integrated natural resources management plan for the lands withdrawn and reserved by this section. #####

(B)The Secretary of the Navy and the Secretary of the Interior may jointly prepare a separate plan pursuant to this paragraph. #####

(C)Any disagreement concerning the contents of a plan under this paragraph, or any subsequent amendments to the plan, shall be resolved by the Secretary of the Navy for the West Range and the Secretary of the Air Force for the East Range, after consultation with the Secretary of the Interior through the State Director, Bureau of Land Management and, as appropriate, the Regional Director, United States Fish and Wildlife Service. This authority may be delegated to the installation commanders. #####

(D)Any plan under this paragraph shall be prepared and implemented in accordance with the Sikes Act (16 U.S.C. 670 et seq.) and the requirements of this section. #####

(E)A plan under this paragraph for lands withdrawn and reserved by this section shall— ######

(i)include provisions for proper management and protection of the natural and cultural resources of such lands, and for sustainable use by the public of such resources to the extent consistent with the military purposes for which such lands are withdrawn and reserved by this section; ######

(ii)be developed in consultation with affected Indian tribes and include provisions that address how the Secretary of the Navy and the Secretary of the Air Force intend to— ######

(I)meet the trust responsibilities of the United States with respect to Indian tribes, lands, and rights reserved by treaty or Federal law affected by the withdrawal and reservation; ######

(II)allow access to and ceremonial use of sacred sites to the extent consistent with the military purposes for which such lands are withdrawn and reserved; and ######

(III)provide for timely consultation with affected Indian tribes; ######

(iii)provide that any hunting, fishing, and trapping on such lands be conducted in accordance with the provisions of section 2671 of title 10, United States Code; ######

(iv)provide for continued livestock grazing and agricultural out-leasing where it currently exists in accordance with the provisions of section 2667 of title 10, United States Code, and at the discretion of the Secretary of the Navy or the Secretary of the Air Force, as the case may be; ######

(v)identify current test and target impact areas and related buffer or safety zones; ######

(vi)provide that the Secretary of the Navy and the Secretary of the Air Force— ######

(I)shall take necessary actions to prevent, suppress, and manage brush and range fires occurring within the boundaries of the Barry M. Goldwater Range, as well as brush and range fires occurring outside the boundaries of the Barry M. Goldwater Range resulting from military activities; and ######

(II)may obligate funds appropriated or otherwise available to the Secretaries to enter into memoranda of understanding, and cooperative agreements that shall reimburse the Secretary of the Interior for costs incurred under this clause; ######

(vii)provide that all gates, fences, and barriers constructed on such lands after the date of the enactment of this Act be designed and erected to allow wildlife access, to the extent practicable and consistent with military security, safety, and sound wildlife management use; ######

(viii)incorporate any existing management plans pertaining to such lands, to the extent that the Secretary of the Navy, the Secretary of the Air Force, and the Secretary of the Interior, upon reviewing such plans, mutually determine that incorporation of such plans into a plan under this paragraph is appropriate; ######

(ix)include procedures to ensure that the periodic reviews of the plan under the Sikes Act are conducted jointly by the Secretary of the Navy, the Secretary of the Air Force, and the Secretary of the Interior, and that affected States and Indian tribes, and the public, are provided a meaningful opportunity to comment upon any substantial revisions to the plan that may be proposed; and ######

(x)provide procedures to amend the plan as necessary. ####

(4)Memoranda of understanding and cooperative agreements #####

(A)The Secretary of the Navy and the Secretary of the Air Force may enter into memoranda of understanding or cooperative agreements with the Secretary of the Interior or other appropriate Federal, State, or local agencies, Indian tribes, or other public or private organizations or institutions for purposes of implementing an integrated natural resources management plan prepared under paragraph (3). #####

(B)Any memorandum of understanding or cooperative agreement under subparagraph

(A)affecting integrated natural resources management may be combined, where appropriate, with any other memorandum of understanding or cooperative agreement entered into under this subtitle, and shall not be subject to the provisions of chapter 63 of title 31, United States Code. ####

(5)Public reports #####

(A)######

(i)Concurrent with each review of the integrated natural resources management plan under paragraph

(3)pursuant to subparagraph (E)(ix) of that paragraph, the Secretary of the Navy, the Secretary of the Air Force, and the Secretary of the Interior shall jointly prepare and issue a report describing changes in the condition of the lands withdrawn and reserved by this section from the later of the date of any previous report under this paragraph or the date of the environmental impact statement prepared to support this section. ######

(ii)Any report under clause

(i)shall include a summary of current military use of the lands referred to in that clause, any changes in military use of the lands since the previous report, and efforts related to the management of natural and cultural resources and environmental remediation of the lands during the previous five years. ######

(iii)Any report under this subparagraph may be combined with any report required by the Sikes Act. ######

(iv)Any disagreements concerning the contents of a report under this subparagraph shall be resolved by the Secretary of the Navy and the Secretary of the Air Force. This authority may be delegated to the installation commanders. #####

(B)######

(i)Before the finalization of any report under this paragraph, the Secretary of the Navy, the Secretary of the Air Force, and the Secretary of the Interior shall invite interested members of the public to review and comment on the report, and shall hold at least one public meeting concerning the report in a location or locations reasonably accessible to persons who may be affected by management of the lands addressed by the report. ######

(ii)Each public meeting under clause

(i)shall be announced not less than 15 days before the date of the meeting by advertisements in local newspapers of general circulation, publication of an announcement in the Federal Register, and any other means considered necessary. #####

(C)The final version of any report under this paragraph shall be made available to the public and submitted to appropriate committees of Congress. ####

(6)Intergovernmental executive committee #####

(A)Not later than two years after the date of the enactment of this Act, the Secretary of the Navy, the Secretary of the Air Force, and the Secretary of the Interior shall, by memorandum of understanding, establish an intergovernmental executive committee comprised of selected representatives from interested Federal agencies, as well as at least one elected officer (or other authorized representative) from State government and at least one elected officer (or other authorized representative) from each local and tribal government as may be designated at the discretion of the Secretary of the Navy, the Secretary of the Air Force, and the Secretary of the Interior. #####

(B)The intergovernmental executive committee shall be established solely for the purpose of exchanging views, information, and advice relating to the management of the natural and cultural resources of the lands withdrawn and reserved by this section. #####

(C)The intergovernmental executive committee shall operate in accordance with the terms set forth in the memorandum of understanding under subparagraph (A), which shall specify the Federal agencies and elected officers or representatives of State, local, and tribal governments to be invited to participate. #####

(D)The memorandum of understanding under subparagraph

(A)shall establish procedures for creating a forum for exchanging views, information, and advice relating to the management of natural and cultural resources on the lands concerned, procedures for rotating the chair of the intergovernmental executive committee, and procedures for scheduling regular meetings. #####

(E)The Secretary of the Navy and the Secretary of the Air Force shall, in consultation with the Secretary of the Interior, appoint an individual to serve as coordinator of the intergovernmental executive committee. The duties of the coordinator shall be included in the memorandum of understanding under subparagraph (A). The coordinator shall not be a member of the committee. ####

(7)Transfer of management responsibility #####

(A)######

(i)If the Secretary of the Interior determines that the Secretary of the Navy or the Secretary of the Air Force has failed to manage lands withdrawn and reserved by this section for military purposes in accordance with the integrated natural resource management plan for such lands under paragraph (3), and that failure to do so is resulting in significant and verifiable degradation of the natural or cultural resources of such lands, the Secretary of the Interior shall give the Secretary of the Navy or the Secretary of the Air Force, as the case may be, written notice of such determination, a description of the deficiencies in management practices by the Secretary of the Navy or the Secretary of the Air Force, as the case may be, and an explanation of the methodology employed in reaching the determination. ######

(ii)Not later than 60 days after the date a notification under clause

(i)is received, the Secretary of the Navy or the Secretary of the Air Force, as the case may be, shall submit a response to the Secretary of the Interior, which response may include a plan of action for addressing any deficiencies identified in the notice in the conduct of management responsibility and for preventing further significant degradation of the natural or cultural resources of the lands concerned. ######

(iii)If, not earlier than three months after the date a notification under clause

(i)is received, the Secretary of the Interior determines that deficiencies identified in the notice are not being corrected, and that significant and verifiable degradation of the natural or cultural resources of the lands concerned is continuing, the Secretary of the Interior may, not earlier than 90 days after the date on which the Secretary of the Interior submits to the committees referred to in section 3032(d)(3) notice and a report on the determination, transfer management responsibility for the natural and cultural resources of such lands from the Secretary of the Navy or the Secretary of the Air Force, as the case may be, to the Secretary of the Interior in accordance with a schedule for such transfer established by the Secretary of the Interior. #####

(B)After a transfer of management responsibility pursuant to subparagraph (A), the Secretary of the Interior may transfer management responsibility back to the Secretary of the Navy or the Secretary of the Air Force if the Secretary of the Interior determines that adequate procedures and plans have been established to ensure that the lands concerned will be adequately managed by the Secretary of the Navy or the Secretary of the Air Force, as the case may be, in accordance with the integrated natural resources management plan for such lands under paragraph (3). #####

(C)For any period during which the Secretary of the Interior has management responsibility under this paragraph for lands withdrawn and reserved by this section, the integrated natural resources management plan for such lands under paragraph (3), including any amendments to the plan, shall remain in effect, pending the development of a management plan prepared pursuant to the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), in cooperation with the Secretary of the Navy or the Secretary of the Air Force. #####

(D)Assumption by the Secretary of the Interior pursuant to this paragraph of management responsibility for the natural and cultural resources of lands shall not affect the use of such lands for military purposes, and the Secretary of the Navy or the Secretary of the Air Force, as the case may be, shall continue to direct military activities on such lands. ####

(8)Payment for services The Secretary of the Navy and the Secretary of the Air Force shall assume all costs for implementation of an integrated natural resources management plan under paragraph (3), including payment to the Secretary of the Interior under section 1535 of title 31, United States Code, for any costs the Secretary of the Interior incurs in providing goods or services to assist the Secretary of the Navy or the Secretary of the Air Force, as the case may be, in the implementation of the integrated natural resources management plan. ####

(9)Definitions In this subsection: #####

(A)The term “**Indian tribe**” means an Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479 et seq.). #####

(B)The term “**sacred site**” means any specific, discrete, narrowly delineated location on Federal land that is identified by an Indian tribe, or its designee, as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion, but only to the extent that the tribe or its designee, has informed the Secretary of the Navy or the Secretary of the Air Force of the existence of such site. Neither the Secretary of the Department of Defense, the Secretary of the Navy, the Secretary of the Air Force, nor the Secretary of the Interior shall be required under section 552 of title 5, United States Code, to make available to the public any information concerning the location, character, or use of any traditional Indian religious or sacred site located on lands withdrawn and reserved by this subsection. ###

(c)Environmental Requirements ####

(1)During withdrawal and reservation Throughout the duration of the withdrawal and reservation of lands by this section, including the duration of any renewal or extension, and with respect both to the activities undertaken by the Secretary of the Navy and the Secretary of the Air Force on such lands and to all activities occurring on such lands during such times as the Secretary of the Navy and the Secretary of the Air Force may exercise management jurisdiction over such lands, the Secretary of the Navy and the Secretary of the Air Force shall— #####

(A)be responsible for and pay all costs related to the compliance of the Department of the Navy or the Department of the Air Force, as the case may be, with applicable Federal, State, and local environmental laws, regulations, rules, and standards; #####

(B)carry out and maintain in accordance with the requirements of all regulations, rules, and standards issued by the Department of Defense pursuant to chapter 160 of title 10, United States Code, relating to the Defense Environmental Restoration Program, the joint board on ammunition storage established under section 172 of that title, and Executive Order No. 12580, a program to address— ######

(i)any release or substantial threat of release attributable to military munitions (including unex-ploded ordnance) and other constituents; and ######

(ii)any release or substantial threat of release, regardless of its source, occurring on or emanating from such lands during the period of withdrawal and reservation; and #####

(C)provide to the Secretary of the Interior a copy of any report prepared by the Secretary of the Navy or the Secretary of the Air Force, as the case may be, pursuant to any Federal, State, or local environmental law, regulation, rule, or standard. ####

(2)Before relinquishment or termination #####

(A)Environmental review ######

(i)Upon notifying the Secretary of the Interior that the Secretary of the Navy or the Secretary of the Air Force intends, pursuant to subsection (f), to relinquish jurisdiction over lands withdrawn and reserved by this section, the Secretary of the Navy or the Secretary of the Air Force shall provide to the Secretary of the Interior an environmental baseline survey, military range assessment, or other environmental review characterizing the environmental condition of the land, air, and water resources affected by the activities undertaken by the Secretary of the Navy or the Secretary of the Air Force, as the case may be, on and over such lands. ######

(ii)If hazardous substances were stored for one year or more, known to have been released or disposed of, or if a substantial threat of release exists, on lands referred to in clause (i), any environmental review under that clause shall include notice of the type and quantity of such hazardous substances and notice of the time during which such storage, release, substantial threat of release, or disposal took place. #####

(B)Memorandum of understanding ######

(i)In addition to any other requirements under this section, the Secretary of the Navy, the Secretary of the Air Force, and the Secretary of the Interior may enter into a memorandum of understanding to implement the environmental remediation requirements of this section. ######

(ii)The memorandum of understanding under clause

(i)may include appropriate, technically feasible, and mutually acceptable cleanup standards that the concerned Secretaries believe environmental remediation activities shall achieve and a schedule for completing cleanup activities to meet such standards. ######

(iii)Cleanup standards under clause

(ii)shall be consistent with any legally applicable or relevant and appropriate standard, requirement, criteria, or limitation otherwise required by law. #####

(C)Environmental remediation With respect to lands to be relinquished pursuant to subsection (f), the Secretary of the Navy or the Secretary of the Air Force shall take all actions necessary to address any release or substantial threat of release, regardless of its source, occurring on or emanating from such lands during the period of withdrawal and reservation under this section. To the extent practicable, all such response actions shall be taken before the termination of the withdrawal and reservation of such lands under this section. #####

(D)Consultation If the Secretary of the Interior accepts the relinquishment of jurisdiction over any lands withdrawn and reserved by this section before all necessary response actions under this section have been completed, the Secretary of the Interior shall consult with the Secretary of the Navy or the Secretary of the Air Force, as the case may be, before undertaking or authorizing any activities on such lands that may affect existing releases, interfere with the installation, maintenance, or operation of any response action, or expose any person to a safety or health risk associated with either the releases or the response action being undertaken. ####

(3)Responsibility and liability #####

(A)The Secretary of the Navy and the Secretary of the Air Force, and not the Secretary of the Interior, shall be responsible for and conduct the necessary remediation of all releases or substantial threats of release, whether located on or emanating from lands withdrawn and reserved by this section, and whether known at the time of relinquishment or termination or subsequently discovered, attributable to management of the lands withdrawn and reserved by this section by the Secretary of the Navy or the Secretary of the Air Force, as the case may be, or the use, management, storage, release, treatment, or disposal of hazardous materials, hazardous substances, hazardous wastes, pollutants, contaminants, petroleum products and their derivatives, military munitions, or other constituents on such lands by the Secretary of the Navy or the Secretary of the Air Force, as the case may be. #####

(B)Responsibility under subparagraph

(A)shall include liability for any costs or claims asserted against the United States for activities referred to in that subparagraph. #####

(C)Nothing in this paragraph is intended to prevent the United States from bringing a cost recovery, contribution, or other action against third persons or parties the Secretary of the Navy or the Secretary of the Air Force reasonably believes may have contributed to a release or substantial threat of release. ####

(4)Other federal agencies If the Secretary of the Navy or the Secretary of the Air Force delegates responsibility or jurisdiction to another Federal agency over, or permits another Federal agency to operate on, lands withdrawn and reserved by this section, the agency shall assume all responsibility and liability described in paragraph

(3)for their activities with respect to such lands. ####

(5)Definitions In this subsection: #####

(A)######

(i)The term “**military munitions**”— ######

(I)means all ammunition products and components produced or used by or for the Department of Defense or the Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the Coast Guard, the Department of Energy, and National Guard personnel; ######

(II)includes confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by and for Department of Defense components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof; and ######

(III)includes nonnuclear components of nuclear devices managed under the nuclear weapons program of the Department of Energy after all required sanitization operations under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been completed. ######

(ii)The term does not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. #####

(B)The term “**unexploded ordnance**” means military munitions that have been primed, fused, armed, or otherwise prepared for action, and have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard or potential hazard, to operations, installation, personnel, or material, and remain unexploded either by malfunction, design, or other cause. #####

(C)The term “**other constituents**” means potentially hazardous compounds, mixtures, or elements that are released from military munitions or unexploded ordnance or result from other activities on military ranges. ###

(d)Duration of Withdrawal and Reservations ####

(1)In general Unless extended pursuant to subsection (e), the withdrawal and reservation of lands by this section shall terminate on October 5, 2049, except as otherwise provided in subsection (f)(4). ####

(2)Opening On the date of the termination of the withdrawal and reservation of lands by this section, such lands shall not be open to any form of appropriation under the general land laws, including the mining laws and the mineral leasing and geothermal leasing laws, until the Secretary of the Interior publishes in the Federal Register an appropriate order stating the date upon which such lands shall be restored to the public domain and opened. ###

(e)Extension of Withdrawal and Reservation ####

(1)In general Not later than three years before the termination date of the withdrawal and reservation of lands by this section, the Secretary of the Navy and the Secretary of the Air Force shall notify Congress and the Secretary of the Interior concerning whether the Navy or Air Force, as the case may be, will have a continuing military need, after such termination date, for all or any portion of such lands. ####

(2)Duties regarding continuing military need #####

(A)If the Secretary of the Navy or the Secretary of the Air Force determines that there will be a continuing military need for any lands withdrawn by this section, the Secretary of the Navy or the Secretary of the Air Force, as the case may be, shall— ######

(i)consult with the Secretary of the Interior concerning any adjustments to be made to the extent of, or to the allocation of management responsibility for, such lands; and ######

(ii)file with the Secretary of the Interior, not later than one year after the notice required by paragraph (1), an application for extension of the withdrawal and reservation of such lands. #####

(B)The general procedures of the Department of the Interior for processing Federal Land withdrawals notwithstanding, any application for extension under this paragraph shall be considered complete if it includes the following: ######

(i)The information required by section 3 of the Engle Act (43 U.S.C. 157), except that no information shall be required concerning the use or development of mineral, timber, or grazing resources unless, and to the extent, the Secretary of the Navy or the Secretary of the Air Force proposes to use or develop such resources during the period of extension. ######

(ii)A copy of the most recent public report prepared in accordance with subsection (b)(5). ####

(3)Legislative proposals The Secretary of the Interior, the Secretary of the Navy, and the Secretary of the Air Force shall ensure that any legislative proposal for the extension of the withdrawal and reservation of lands under this section is submitted to Congress not later than May 1 of the year preceding the year in which the existing withdrawal and reservation would otherwise terminate under this section. ###

(f)Termination and Relinquishment ####

(1)Notice of intent to relinquish At any time during the withdrawal and reservation of lands under this section, but not later than three years before the termination of the withdrawal and reservation, if the Secretary of the Navy or the Secretary of the Air Force determines that there is no continuing military need for lands withdrawn and reserved by this section, or any portion of such lands, the Secretary of the Navy or the Secretary of the Air Force, as the case may be, shall notify the Secretary of the Interior of an intent to relinquish jurisdiction over such lands, which notice shall specify the proposed date of relinquishment. ####

(2)Authority to accept relinquishment The Secretary of the Interior may accept jurisdiction over any lands covered by a notice of intent to relinquish jurisdiction under this subsection if the Secretary of the Interior determines that the Secretary of the Navy or the Secretary of the Air Force has taken the environmental response actions required under this section. ####

(3)Order If the Secretary of the Interior accepts jurisdiction over lands covered by a notice of intent to relinquish jurisdiction under this subsection before the termination date of the withdrawal and reservation of such lands under this section, the Secretary of the Interior shall publish in the Federal Register an appropriate order that shall— #####

(A)terminate the withdrawal and reservation of such lands under this section; #####

(B)constitute official acceptance of administrative jurisdiction over such lands by the Secretary of the Interior; and #####

(C)state the date upon which such lands shall be opened to the operation of the general land laws, including the mining laws and the mineral leasing and geothermal leasing laws, if appropriate. ####

(4)Jurisdiction pending relinquishment #####

(A)Notwithstanding the termination date, unless and until the Secretary of the Interior accepts jurisdiction of land proposed for relinquishment under this subsection, or until the Administrator of General Services accepts jurisdiction of such lands under the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 251 et seq.), such lands shall remain under the jurisdiction of the Secretary of the Navy or the Secretary of the Air Force, as the case may be, for the limited purposes of— ######

(i)environmental response actions under this section; and ######

(ii)continued land management responsibilities pursuant to the integrated natural resources management plan for such lands under subsection (b)(3). #####

(B)For any land that the Secretary of the Interior determines to be suitable for return to the public domain, but does not agree with the Secretary of the Navy or the Secretary of the Air Force that all necessary environmental response actions under this section have been taken, the Secretary of the Navy or the Secretary of the Air Force, as the case may be, and the Secretary of the Interior shall resolve the dispute in accordance with any applicable dispute resolution process. #####

(C)For any land that the Secretary of the Interior determines to be unsuitable for return to the public domain, the Secretary of the Interior shall immediately notify the Administrator of General Services. ####

(5)Scope of functions All functions described under this subsection, including transfers, relinquishes, extensions, and other determinations, may be made on a parcel-by-parcel basis. ###

(g)Delegations of Functions The functions of the Secretary of the Interior under this section may be delegated, except that the following determinations and decisions may be approved and signed only by the Secretary of the Interior, the Deputy Secretary of the Interior, an Assistant Secretary of the Interior, or the Director, Bureau of Land Management: ####

(1)Decisions to accept transfer, relinquishment, or jurisdiction of lands under this section and to open such lands to operation of the public land laws. ####

(2)Decisions to transfer management responsibility from or to a military department pursuant to subsection (b)(7).

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