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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2017 · Sec. 3002

Sec. 3002. MEMORANDUM OF AGREEMENT

686 words·~3 min read·/statute-compilations/comps-13740/sec-3002

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## SEC. 3002 MEMORANDUM OF AGREEMENT ###
(a)Memorandum of Agreement ####
(1)In general 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 subtitle. ####
(2)Draft #####
(A)In general 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). #####
(B)Public comment period 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 3005 to provide comments on the draft memorandum of agreement. ####
(3)Management by secretary 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 subtitle. ####
(4)Permits and rights-of-way #####
(A)In general 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. #####
(B)Framework 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. ####
(5)Termination #####
(A)In general 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. #####
(B)Early termination 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. ###
(b)Map The Secretary may correct any minor errors in the map described in section 3001(1). ###
(c)Land Safety If decontamination of the BLM land is necessary due to an action of the Air Force, the Secretary of the Air Force shall— ####
(1)render the BLM land safe for public use; and ####
(2)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). ###
(d)Consultation The Secretary shall consult with any federally recognized Indian tribe in the vicinity of the BLM land before entering into any agreement under this subtitle. ###
(e)Grazing ####
(1)Effect Nothing in this subtitle affects the management of grazing on the BLM land. ####
(2)Continuation of grazing management 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. ###
(f)Memorandum of Understanding on Emergency Access and Response 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. ###
(g)Withdrawal 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. 3002
MEMORANDUM OF AGREEMENT
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