Sec. 2901. MILITARY LAND WITHDRAWAL FOR FALLON RANGE TRAINING COMPLEX

9,414 words·~43 min read·/statute-compilations/comps-17475/sec-2901

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 2901 MILITARY LAND WITHDRAWAL FOR FALLON RANGE TRAINING COMPLEX The Military Land Withdrawals Act of 2013 (Public Law 113-66; 127 Stat. 1025) is amended by adding at the end the following: > > ## “SEC. 2988 RESOLUTION OF WALKER RIVER PAIUTE TRIBE CLAIMS > > > ### “(a) Payment to Tribe > > Not later than 1 year after the date of enactment of this subtitle and subject to the availability of appropriations, the Secretary of the Navy shall transfer $20,000,000 of amounts appropriated to the Secretary of the Navy for operation and maintenance to an account designated by the Walker River Paiute Tribe (referred to in this section as the ‘Tribe’) to resolve the claims of the Tribe against the United States for the contamination, impairment, and loss of use of approximately 6,000 acres of land that is within the boundaries of the reservation of the Tribe. > > > ### “(b) Limitation on Use of Land Prior to Completion of Payment > > The Secretary of the Navy shall not make operational use of the expanded areas of the B-16, B-17, and B-20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until the date on which the amount is transferred under subsection (a). > > > ### “(c) Additional Trust Land > > > #### “(1) Environmental site assessment > > Not later than 1 year after the date of enactment of this subtitle and prior to taking the land described in paragraph

(4)into trust for the benefit of the Tribe under paragraph (3)(A), the Director of the Bureau of Indian Affairs (referred to in this subsection as the ‘Director’) shall complete an environmental site assessment to determine with respect to the land— > > > ##### “(A) > > the likelihood of the presence of hazardous substance-related or other environmental liability; and > > > ##### “(B) > > if the Director determines the presence of hazardous substance-related or other environmental liability is likely under subparagraph (A)— > > > ###### “(i) > > the extent of the contamination caused by such hazardous substance or other environmental liability; and > > > ###### “(ii) > > whether that liability can be remediated by the United States. > > > #### “(2) Contaminated land > > > ##### “(A) In general > > If the Director determines pursuant to the environmental site assessment completed under paragraph

(1)that there is a likelihood of the presence of hazardous substance-related or other environmental liability on the land described in paragraph (4), the Director shall consult with the Tribe on whether the land is still suitable for transfer into trust for the benefit of the Tribe. > > > ##### “(B) Determination > > If the Tribe determines land identified as contaminated under subparagraph

(A)is still suitable to take into trust for the benefit of the Tribe, the Director, notwithstanding any other provision of law, shall take the land into trust for the benefit of the Tribe in accordance with paragraph (3). > > > #### “(3) Land to be held in trust for the tribe; identification of alternative land > > > ##### “(A) In general > > If the Tribe determines pursuant to paragraph

(2)that the land described in paragraph

(4)should be taken into trust for the benefit of the Tribe (including if such land is determined to be contaminated), subject to valid existing rights, all right, title, and interest of the United States in and to the land shall be— > > > ###### “(i) > > held in trust by the United States for the benefit of the Tribe; and > > > ###### “(ii) > > made part of the existing reservation of the Tribe. > > > ##### “(B) Identification of suitable and comparable alternative land > > If the Tribe determines pursuant to paragraph (2), due to discovered environmental issues that the land described in paragraph

(4)is not suitable to be taken into trust for the benefit of the Tribe, not later than 1 year after the date on which the Tribe makes that determination, the Director and the Tribe shall enter into an agreement to identify suitable and comparable alternative land in relative distance and located in the same county as the land described in paragraph

(4)to be withdrawn from Federal use and taken into trust for the benefit of the Tribe. > > > ##### “(C) Environmental liability > > > ###### “(i) In general > > Notwithstanding any other provision of law, the United States shall not be liable for any soil, surface water, groundwater, or other contamination resulting from the disposal, release, or presence of any environmental contamination on any portion of the land described in paragraph

(4)that occurred on or before the date on which the land was taken into trust for the benefit of the Tribe. The United States shall not fund or take any action to remediate such land after such land has been so taken into trust. > > > ###### “(ii) Environmental contamination description > > An environmental contamination described in clause

(i)includes any oil or petroleum products, hazardous substances, hazardous materials, hazardous waste, pollutants, toxic substances, solid waste, or any other environmental contamination or hazard as defined in any Federal law or law of the State of Nevada. > > > #### “(4) Land described > > Subject to paragraph (5), the land to be held in trust for the benefit of the Tribe under paragraph (3)(A) is the approximately 8,170 acres of Bureau of Land Management and Bureau of Reclamation land located in Churchill and Mineral Counties, Nevada, as generally depicted on the map entitled ‘Walker River Paiute Trust Lands’ and dated April 19, 2022, and more particularly described as follows: > > > ##### “(A) Fernley east parcel > > The following land in Churchill County, Nevada: > > > ###### “(i) > > All land held by the Bureau of Reclamation in T. 20 N., R. 26 E., sec. 28, Mount Diablo Meridian. > > > ###### “(ii) > > All land held by the Bureau of Reclamation in T. 20 N., R. 26 E., sec. 36, Mount Diablo Meridian. > > > ##### “(B) Walker lake parcel > > The following land in Mineral County, Nevada: > > > ###### “(i) > > All land held by the Bureau of Land Management in T. 11 N., R. 29 E., secs. 35 and 36, Mount Diablo Meridian. > > > ###### “(ii) > > All land held by the Bureau of Reclamation in T. 10 N., R. 30 E., secs. 4, 5, 6, 8, 9, 16, 17, 20, 21, 28, 29, 32, and 33, Mount Diablo Meridian. > > > ###### “(iii) > > All land held by the Bureau of Land Management in T. 10.5 N., R. 30 E., secs. 31 and 32, Mount Diablo Meridian. > > > #### “(5) Administration > > > ##### “(A) Survey > > Not later than 180 days after the date of enactment of this subtitle, the Secretary of the Interior (referred to in this paragraph as the ‘Secretary’) shall complete a survey to fully describe, and adequately define the boundaries of, the land described in paragraph (4). > > > ##### “(B) Legal description > > > ###### “(i) In general > > Upon completion of the survey required under subparagraph (A), the Secretary shall publish in the Federal Register a legal description of the land described in paragraph (4). > > > ###### “(ii) Technical corrections > > Before the date of publication of the legal description under this subparagraph, the Secretary may correct any technical or clerical errors in the legal description as the Secretary determines appropriate. > > > ###### “(iii) Effect > > Effective beginning on the date of publication of the legal description under this subparagraph, the legal description shall be considered to be the official legal description of the land to be held in trust for the benefit of the Tribe under paragraph (3)(A). > > > #### “(6) Use of trust land > > The land taken into trust under paragraph (3)(A) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). > > > ### “(d) Eligibility for Federal and Federally Funded Programs > > Funds paid to the Tribe pursuant to this section, including any interest or investment income earned, may not be treated as income or resources or otherwise used as the basis for denying or reducing the basis for Federal financial assistance or other Federal benefit (including under the Social Security Act (42 U.S.C. 301 et seq.)) to which the Tribe, a member of the Tribe, or a household would otherwise be entitled. > > > ## “SEC. 2989 LAND TO BE HELD IN TRUST FOR THE FALLON PAIUTE SHOSHONE TRIBE > > > ### “(a) Land to Be Held in Trust > > > #### “(1) In general > > Subject to valid existing rights, all right, title, and interest of the United States in and to the land described in paragraph

(2)shall be— > > > ##### “(A) > > held in trust by the United States for the benefit of the Fallon Paiute Shoshone Tribe; and > > > ##### “(B) > > made part of the reservation of the Fallon Paiute Shoshone Tribe. > > > #### “(2) Description of land > > The land referred to in paragraph

(1)is the approximately 10,000 acres of land administered by the Bureau of Land Management and the Bureau of Reclamation, as generally depicted as ‘Reservation Expansion Land’ on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022. > > > #### “(3) Survey > > Not later than 180 days after the date of enactment of this subtitle, the Secretary of the Interior shall complete a survey of the boundary lines to establish the boundaries of the land taken into trust under paragraph (1). > > > #### “(4) Use of trust land > > The land taken into trust under this section shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703)). > > > #### “(5) Cooperative agreement > > On request by the Fallon Paiute Shoshone Tribe, the Secretary of the Interior shall enter into a cooperative agreement with the Fallon Paiute Shoshone Tribe to provide assistance in the management of the land taken into trust under this section for cultural protection and conservation management purposes. > > > ## “SEC. 2990 NUMU NEWE CULTURAL CENTER > > > ### “(a) In General > > Subject to the availability of appropriations from amounts appropriated to the Secretary of the Navy for operation and maintenance, the Secretary of the Navy shall provide financial assistance to a cultural center established and operated by the Fallon Paiute Shoshone Tribe and located on the Reservation of the Fallon Paiute Shoshone Tribe, the purpose of which is to help sustain Numu Newe knowledge, culture, language, and identity associated with aboriginal land and traditional ways of life for the Fallon Paiute Shoshone Tribe and other affected Indian tribes (referred to in this section as the ‘Center’). > > > ### “(b) Studies and Inventories > > The Center shall integrate information developed in the cultural resources inventories and ethnographic studies carried out under section 2987. > > > ### “(c) Transfer > > Not later than 1 year after the date of enactment of this subtitle and subject to the availability of appropriations, the Secretary of the Navy shall transfer to an account designated by the Fallon Paiute Shoshone Tribe— > > > #### “(1) > > $10,000,000 for the development and construction of the Center; and > > > #### “(2) > > $10,000,000 to endow operations of the Center. > > > ### “(d) Limitation on Use of Land Prior to Completion of Payment > > The Secretary of the Navy shall not make operational use of the expanded areas of the B-16, B-17, and B-20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until the date on which the amounts are transferred under subsection (c). > > > ## “SEC. 2991 ROAD RECONSTRUCTION AND TREATMENT OF EXISTING ROADS AND RIGHTS-OF-WAY > > > ### “(a) Road Reconstruction > > Subject to the availability of appropriations, the Secretary of the Navy shall be responsible for the timely— > > > #### “(1) > > reconstruction of— > > > ##### “(A) > > Lone Tree Road leading to the B-16 Range; and > > > ##### “(B) > > State Highway 361; and > > > #### “(2) > > relocation of— > > > ##### “(A) > > Sand Canyon and Red Mountain Roads, consistent with alternative 2A, as described in the Final FRTC Road Realignment Study dated March 14, 2022; and > > > ##### “(B) > > Pole Line Road, consistent with alternative 3B, as described in the Final FRTC Road Realignment Study dated March 14, 2022. > > > ### “(b) Limitation on Use of Land Prior to Completion of Requirements > > In accordance with section 2982(c)(1), the Secretary of the Navy shall not make operational use of the expanded areas of the B-16, B-17, and B-20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until the date on which the Secretary of the Navy determines that each of the requirements of subsection

(a)have been met. > > > ### “(c) Existing Roads and Rights-of-way; Access > > > #### “(1) In general > > The withdrawal and reservation of land made by section 2981 shall not be construed to affect the following roads and associated rights-of-way: > > > ##### “(A) > > United States Highways 50 and 95. > > > ##### “(B) > > State Routes 121 and 839. > > > ##### “(C) > > The Churchill County, Nevada, roads identified as Simpson Road, East County Road, Earthquake Fault Road, and Fairview Peak Road. > > > #### “(2) Access > > Any road identified on the map described in section 2981(b) as an existing minor county road shall be available for managed access consistent with the purposes of the withdrawal. > > > ### “(d) New Rights-of-way > > The Secretary of the Navy, in coordination with the Secretary of the Interior, shall be responsible for the timely grant of new rights-of-way for Sand Canyon and Red Mountain Road, Pole Line Road, and East County Road to the appropriate County. > > > ### “(e) I-11 Corridors > > The Secretary of the Interior shall manage the land located within the ‘Churchill County Preferred I-11 Corridor’ and ‘NDOT I-11 Corridor’ as depicted on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, in accordance with this section. > > > ### “(f) Public Availability of Map > > A copy of the map described in section 2981(b) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. > > > ### “(g) Withdrawal of Land > > Subject to any valid rights in existence on the date of enactment of this subtitle, the land located within the corridors depicted as ‘Utility and Infrastructure Corridors’ on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, is withdrawn from— > > > #### “(1) > > location and entry under the mining laws; and > > > #### “(2) > > disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. > > > ### “(h) Termination of Withdrawal > > A withdrawal under subsection

(g)shall terminate on the date on which— > > > #### “(1) > > the Secretary of the Interior, in coordination with Churchill County, Nevada, terminates the withdrawal; or > > > #### “(2) > > the applicable corridor or land is patented. > > > ### “(i) Revised Statutes Section 2477 Claims > > The withdrawal and reservation of land by section 2981 shall not affect the ability of Churchill County, Nevada, to seek adjudication of claims under section 2477 of the Revised Statutes (43 U.S.C. 932), as in effect prior to being repealed by section 706(a) of the Federal Land Policy and Management Act of 1976 (Public Law 94-579; 90 Stat. 2793). > > > ### “(j) Treatment of the West-wide Energy Corridor > > > #### “(1) In general > > Nothing in section 2981 shall be construed to restrict the development of high voltage electrical power utility lines within the portion of the designated West-Wide Energy Corridor that is located outside of the B-16 Range. > > > #### “(2) Transmission line > > The Secretary of the Navy shall allow 1 transmission line within that portion of the designated West-Wide Energy Corridor that is located within the B-16 Range nearest the existing transmission line adjacent to the western boundary of the B-16 Range. > > > #### “(3) Future transmission line > > If the Secretary of the Navy and the Secretary of the Interior determine that additional transmission lines cannot be accommodated outside of the B-16 Range, to the extent practicable, the Secretary of the Navy shall allow the construction of a new transmission line as close as practicable to the existing transmission line. > > > ## “SEC. 2992 SAGE GROUSE STUDY > > > ### “(a) In General > > The Secretary of the Navy, in consultation with the Secretary of the Interior and the State of Nevada, shall conduct a study to further assess greater sage grouse reactions to military overflights within the Fallon Range Training Complex. > > > ### “(b) Determination > > If the Secretary of the Navy determines under the study under subsection

(a)that greater sage grouse in the Fallon Range Training Complex are significantly impacted by aircraft overflights, the Secretary of the Navy shall implement adaptive management activities, in coordination with the State of Nevada and the United States Fish and Wildlife Service. > > > ## “SEC. 2993 TREATMENT OF LIVESTOCK GRAZING PERMITS > > > ### “(a) In General > > The Secretary of the Navy shall notify holders of grazing allotments impacted by the withdrawal and reservation of land by section 2981 and, if practicable, assist the holders of the grazing allotments in obtaining replacement forage. > > > ### “(b) Revisions to Allotment Plans > > The Secretary of the Navy shall reimburse the Secretary of the Interior for grazing program-related administrative costs reasonably incurred by the Bureau of Land Management due to the withdrawal and reservation of land by section 2981. > > > ### “(c) Alternative to Replacement Forage > > If replacement forage cannot be identified under subsection (a), the Secretary of the Navy shall make full and complete payments to Federal grazing permit holders for all losses suffered by the permit holders as a result of the withdrawal or other use of former Federal grazing land for national defense purposes pursuant to the Act of June 28, 1934 (commonly known as the ‘Taylor Grazing Act’) (48 Stat. 1269, chapter 865; 43 U.S.C. 315 et seq.). > > > ### “(d) Notification and Payment > > The Secretary of the Navy shall— > > > #### “(1) > > notify, by certified mail, holders of grazing allotments that are terminated; and > > > #### “(2) > > compensate the holders of grazing allotments described in paragraph

(1)for authorized permanent improvements associated with the allotments. > > > ### “(e) Payment > > For purposes of calculating and making a payment to a Federal grazing permit holder under this section (including the conduct of any appraisals required to calculate the amount of the payment)— > > > #### “(1) > > the Secretary of the Navy shall consider the permanent loss of the applicable Federal grazing permit; and > > > #### “(2) > > the amount of the payment shall not be limited to the remaining term of the existing Federal grazing permit. > > > ## “SEC. 2994 TRANSFER OF LAND UNDER THE ADMINISTRATIVE JURISDICTION OF THE DEPARTMENT OF THE NAVY > > > ### “(a) Transfer Required > > Subject to subsection (b), the Secretary of the Navy shall transfer to the Secretary of the Interior, at no cost, administrative jurisdiction of the approximately 86 acres of a noncontiguous parcel of land as depicted on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, acquired by the Department of the Navy in Churchill County, Nevada, for inclusion in the Sand Mountain Recreation Area. > > > ### “(b) Certification With Respect to Environmental Hazards > > Prior to transferring land under subsection (a), the Secretary of the Navy shall certify that the land to be transferred under that subsection is free from environmental hazards. > > > ## “SEC. 2995 REDUCTION OF IMPACT OF FALLON RANGE TRAINING COMPLEX MODERNIZATION > > > ### “(a) In General > > Consistent with the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020, the Secretary of the Navy shall carry out the following additional mitigations and other measures not otherwise included in other sections of this Act to reduce the impact of the modernization of the Fallon Range Training Complex by the Secretary of the Navy on the land and local community: > > > #### “(1) > > Develop Memoranda of Agreement or other binding protocols, in coordination with agencies, affected Indian tribes, and other stakeholders, for— > > > ##### “(A) > > management of that portion of Bureau of Reclamation infrastructure in the B-16 and B-20 Ranges that will be closed to public access but will continue to be managed for flood control; and > > > ##### “(B) > > access for research, resource management, and other activities within the B-16, B-17, B-19, and B-20 Ranges. > > > #### “(2) > > Establish wildlife-friendly configured four-wire fencing, on coordination with the Nevada Department of Wildlife, to restrict access to the smallest possible area necessary to ensure public safety and to minimize impacts on wildlife from fencing. > > > #### “(3) > > Subject to the availability of appropriations— > > > ##### “(A) > > purchase the impacted portion of the Great Basin Transmission Company (formerly named the ‘Paiute Pipeline Company’) pipeline within the B-17 Range; and > > > ##### “(B) > > pay for the relocation of the pipeline acquired under subparagraph

(A)to a location south of the B-17 Range. > > > #### “(4) > > Accommodate permitting and construction of additional utility and infrastructure projects within 3 corridors running parallel to the existing north-south power line in proximity to Nevada Route 121, existing east-west power line north of Highway 50, and the area immediately north of Highway 50 as shown on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, subject to the requirement that any project authorized under this paragraph shall complete appropriate Federal and State permitting requirements prior to the accommodation under this paragraph. > > > #### “(5) > > > #####

(A)> > Notify holders of mining claims impacted by the modernization by certified mail. > > > ##### “(B) > > Make payments to the holders of mining claims described in subparagraph (A), subject to the availability of appropriations. > > > #### “(6) > > Allow a right-of-way to accommodate I-11 (which could also include a transmission line) if a route is chosen by Churchill County, Nevada, or the State of Nevada that overlaps the northeast corner of the withdrawal area for the B-16 Range. > > > #### “(7) > > Revise the applicable range operations manual— > > > ##### “(A) > > to include Crescent Valley and Eureka as noise-sensitive areas; and > > > ##### “(B) > > to implement a 5-nautical-mile buffer around the towns of Crescent Valley and Eureka. > > > #### “(8) > > Implement a 3-nautical-mile airspace exclusion zone over the Gabbs, Eureka, and Crescent Valley airports. > > > #### “(9) > > Extend the Visual Flight Rules airspace corridor through the newly established Military Operations Areas on the east side of the Dixie Valley Training Area. > > > #### “(10) > > Notify affected water rights holders by certified mail and, if water rights are adversely affected by the modernization and cannot be otherwise mitigated, acquire existing and valid State water rights. > > > #### “(11) > > Allow Nevada Department of Wildlife access for spring and wildlife guzzler monitoring and maintenance. > > > #### “(12) > > Implement management practices and mitigation measures specifically designed to reduce or avoid potential impacts on surface water and groundwater, such as placing targets outside of washes. > > > #### “(13) > > Develop and implement a wildland fire management plan with the State of Nevada to ensure wildland fire prevention, suppression, and restoration activities are addressed, as appropriate, for the entire expanded range complex. > > > #### “(14) > > To the maximum extent practicable and if compatible with mission training requirements, avoid placing targets in biologically sensitive areas identified by the Nevada Department of Wildlife. > > > #### “(15) > > Fund 2 conservation law enforcement officer positions at Naval Air Station Fallon. > > > #### “(16) > > Post signs warning the public of any contamination, harm, or risk associated with entry into the withdrawal land. > > > #### “(17) > > Enter into an agreement for compensation from the Secretary of the Navy to Churchill County, Nevada, and the counties of Lyon, Nye, Mineral, and Pershing in the State of Nevada to offset any reductions made in payments in lieu of taxes. > > > #### “(18) > > Review, in consultation with affected Indian tribes, and disclose any impacts caused by the activities of the Secretary of the Navy at Fox Peak, Medicine Rock, and Fairview Mountain. > > > #### “(19) > > Consult with affected Indian tribes to mitigate, to the maximum extent practicable, any impacts disclosed under paragraph (18). > > > ### “(b) Limitation on Use of Land Prior to Completion of Requirements > > In accordance with section 2982(c)(1), the Secretary of the Navy shall not make operational use of the expanded areas of the B-16, B-17, and B-20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex and that are withdrawn and reserved by section 2981 until the date on which the Secretary of the Navy determines that each of the requirements of subsection

(a)have been met. > > > ## “SEC. 2996 DIXIE VALLEY WATER PROJECT > > > ### “(a) Continuation of Project > > The withdrawal of land authorized by section 2981(a)(2) shall not interfere with the Churchill County Dixie Valley Water Project. > > > ### “(b) Permitting > > On application by Churchill County, Nevada, the Secretary of the Navy shall concur with the Churchill County Dixie Valley Water Project and, in collaboration with the Secretary of the Interior, complete any permitting necessary for the Dixie Valley Water Project, subject to the public land laws and environmental review, including regulations. > > > ### “(c) Compensation > > Subject to the availability of appropriations, the Secretary of the Navy shall compensate Churchill County, Nevada, for any cost increases for the Dixie Valley Water Project that result from any design features required by the Secretary of the Navy to be included in the Dixie Valley Water Project. > > > ## “SEC. 2997 EXPANSION OF INTERGOVERNMENTAL EXECUTIVE COMMITTEE ON JOINT USE BY DEPARTMENT OF THE NAVY AND DEPARTMENT OF THE INTERIOR OF FALLON RANGE TRAINING COMPLEX > > “The Secretary of the Navy and the Secretary of the Interior shall expand the membership of the Fallon Range Training Complex Intergovernmental Executive Committee directed by section 3011(a)(5) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 885; 134 Stat. 4349) relating to the management of the natural and cultural resources of the withdrawal land to include representatives of Eureka County, Nevada, the Nevada Department of Agriculture, and the Nevada Division of Minerals. > > > ## “SEC. 2998 TRIBAL LIAISON OFFICE > > “The Secretary of the Navy shall establish and maintain a dedicated Tribal liaison position at Naval Air Station Fallon. > > > ## “SEC. 2999 TERMINATION OF PRIOR WITHDRAWAL > > “Notwithstanding section 2842 of the William M.

(Mac)Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116-283) and section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65), the withdrawal and reservation under section 3011(a) of that Act is terminated. > > > ## “SEC. 2999A DURATION OF WITHDRAWAL AND RESERVATION > > “The withdrawal and reservation of public land by section 2981 shall terminate on November 6, 2047.” > . > > ## “Subtitle G Fallon Range Training Complex, Nevada > > > ## “SEC. 2981 WITHDRAWAL AND RESERVATION OF PUBLIC LAND > > > ### “(a) Withdrawal > > > #### “(1) Bombing ranges > > Subject to valid rights in existence on the date of enactment of this subtitle, and except as otherwise provided in this subtitle, the land established as the B-16, B-17, B-19, and B-20 Ranges, as referred to in subsection (b), and all other areas within the boundary of such land as depicted on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, which may become subject to the operation of the public land laws, are withdrawn from all forms of— > > > ##### “(A) > > entry, appropriation, or disposal under the public land laws; > > > ##### “(B) > > location, entry, and patent under the mining laws; and > > > ##### “(C) > > disposition under all laws relating to mineral and geothermal leasing or mineral materials. > > > #### “(2) Dixie valley training area > > The land and interests in land within the boundaries established at the Dixie Valley Training Area, as referred to in subsection (b), are withdrawn from all forms of— > > > ##### “(A) > > entry, appropriation, or disposal under the public land laws; and > > > ##### “(B) > > location, entry, and patent under the mining laws. > > > ### “(b) Description of Land > > The public land and interests in land withdrawn and reserved by this section comprise approximately 790,825 acres of land in Churchill County, Lyon County, Mineral County, Pershing County, and Nye County, Nevada, as generally depicted as ‘Proposed FRTC Modernization’ and ‘Existing Navy Withdrawal Areas’ on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’, dated November 30, 2022, and filed in accordance with section 2912. The ranges in the Fallon Range Training Complex described in this subsection are identified as B-16, B-17, B-19, B-20, Dixie Valley Training Area and the Shoal Site. > > > ### “(c) Purpose of Withdrawal and Reservation > > > #### “(1) Bombing ranges > > The land withdrawn by subsection (a)(1) is reserved for use by the Secretary of the Navy for— > > > ##### “(A) > > aerial testing and training, bombing, missile firing, electronic warfare, tactical combat maneuvering, and air support; > > > ##### “(B) > > ground combat tactical maneuvering and firing; and > > > ##### “(C) > > other defense-related purposes that are— > > > ###### “(i) > > consistent with the purposes specified in the preceding paragraphs; and > > > ###### “(ii) > > authorized under section 2914. > > > #### “(2) Dixie valley training area > > The land withdrawn by subsection (a)(2) is reserved for use by the Secretary of the Navy for— > > > ##### “(A) > > aerial testing and training, electronic warfare, tactical combat maneuvering, and air support; and > > > ##### “(B) > > ground combat tactical maneuvering. > > > ### “(d) Inapplicability of General Provisions > > Notwithstanding section 2911(a) and except as otherwise provided in this subtitle, sections 2913 and 2914 shall not apply to the land withdrawn by subsection (a)(2). > > > ## “SEC. 2982 MANAGEMENT OF WITHDRAWN AND RESERVED LAND > > > ### “(a) Management by the Secretary of the Navy > > During the duration of the withdrawal under section 2981, the Secretary of the Navy shall manage the land withdrawn and reserved comprising the B-16, B-17, B-19, and B-20 Ranges for the purposes described in section 2981(c)— > > > #### “(1) > > in accordance with— > > > ##### “(A) > > an integrated natural resources management plan prepared and implemented under title I of the Sikes Act (16 U.S.C. 670a et seq.); > > > ##### “(B) > > a written agreement between the Secretary of the Navy and the Governor of Nevada that provides for a minimum of 15 days annually for big game hunting on portions of the B-17 Range consistent with military training requirements; > > > ##### “(C) > > a programmatic agreement between the Secretary of the Navy and the Nevada State Historic Preservation Officer and other parties, as appropriate, regarding management of historic properties as the properties relate to operation, maintenance, training, and construction at the Fallon Range Training Complex; > > > ##### “(D) > > written agreements between the Secretary of the Navy and affected Indian tribes and other stakeholders to accommodate access by Indian tribes and State and local governments to the B-16, B-17, B-19, and B-20 Ranges consistent with military training requirements and public safety; > > > ##### “(E) > > a written agreement entered into by the Secretary of the Navy and affected Indian tribes that provides for regular, guaranteed access, consisting of a minimum of 4 days per month, for affected Indian tribes; and > > > ##### “(F) > > any other applicable law; and > > > #### “(2) > > in a manner that— > > > ##### “(A) > > provides that any portion of the land withdrawn by section 2981(a) that is located outside of the Weapons Danger Zone, as determined by the Secretary of the Navy, shall be relinquished to the Secretary of the Interior and managed under all applicable public land laws; > > > ##### “(B) > > ensures that the Secretary of the Navy avoids target placement and training within— > > > ###### “(i) > > biologically sensitive areas, as mapped in the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020; and > > > ###### “(ii) > > to the maximum extent practicable, areas that have cultural, religious, and archaeological resources of importance to affected Indian tribes; > > > ##### “(C) > > ensures that access is provided for special events, administrative, cultural, educational, wildlife management, and emergency management purposes; and > > > ##### “(D) > > provides that within the B-17 Range the placement of air to ground ordnance targets shall be prohibited throughout the entirety of the withdrawal in the areas identified as the ‘Monte Cristo Range Protection Area’ on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022. > > > ### “(b) Management by the Secretary of the Interior > > > #### “(1) In general > > During the duration of the withdrawal under section 2981, the Secretary of the Interior shall manage the land withdrawn and reserved comprising the Dixie Valley Training Area and the Shoal Site for the applicable purposes described in section 2981(c) in accordance with— > > > ##### “(A) > > the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); > > > ##### “(B) > > the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020; > > > ##### “(C) > > this subtitle; and > > > ##### “(D) > > any other applicable law. > > > #### “(2) Consultation with secretary of the navy > > Prior to authorizing any use of the land comprising the Dixie Valley Training Area or Shoal Site withdrawn and reserved by section 2981, the Secretary of the Interior shall consult with the Secretary of the Navy. Such consultation shall include— > > > ##### “(A) > > informing the Secretary of the Navy of the pending authorization request so that the Secretary of the Navy and the Secretary of the Interior may work together to preserve the training environment; and > > > ##### “(B) > > prior to authorizing any installation or use of mobile or stationary equipment used to transmit and receive radio signals, obtaining permission from the Secretary of the Navy to authorize the use of such equipment. > > > #### “(3) Agreement > > The Secretary of the Navy and the Secretary of the Interior shall enter into an agreement describing the roles and responsibilities of each Secretary with respect to the management and use of the Dixie Valley Training Area and Shoal Site to ensure no closure of an existing county road and no restrictions or curtailment on public access for the duration of the withdrawal while preserving the training environment and in accordance with this subsection. > > > #### “(4) Access > > The land comprising the Dixie Valley Training Area withdrawn and reserved by section 2981(a)(2) shall remain open for public access for the duration of the withdrawal. > > > #### “(5) Authorized uses > > Subject to applicable laws and policy, the following uses are permitted in the Dixie Valley Training Area for the duration of the withdrawal: > > > ##### “(A) > > Livestock grazing. > > > ##### “(B) > > Geothermal exploration and development west of State Route 121, as managed by the Bureau of Land Management in coordination with the Secretary of the Navy. > > > ##### “(C) > > Exploration and development of salable minerals or other fluid or leasable minerals, as managed by the Bureau of Land Management in coordination with the Secretary of the Navy. > > > #### “(6) Infrastructure > > The Secretary of the Navy and the Secretary of the Interior shall allow water and utility infrastructure within the Dixie Valley Training Area withdrawn by section 2981(a)(2) as described in sections 2995(a)(4) and 2996. > > > ### “(c) Limitation on Use of Land Prior to Completion of Commitments > > > #### “(1) In general > > The Secretary of the Navy shall not make operational use of the expanded area of the B-16, B-17, or B-20 Ranges, as depicted on the map entitled ‘Churchill County Proposed Fallon Range Training Complex Modernization and Lands Bill’ and dated November 30, 2022, that were not subject to previous withdrawals comprising the Fallon Range Training Complex which are withdrawn and reserved by section 2981 until the Secretary of the Navy and the Secretary of the Interior certify in writing to the Committee on Armed Services, the Committee on Energy and Natural Resources, and the Committee on Indian Affairs of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives on the completion of the commitments pertaining to each range from the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020, and the provisions of this subtitle. The Secretary of the Navy and the Secretary of the Interior may submit certifications for individual ranges to allow operational use of a specific range prior to completion of commitments related to other ranges. > > > #### “(2) Public access > > Public access to the existing Pole Line Road shall be maintained until completion of construction of an alternate route as specified by section 2991(a)(2)(B). > > > #### “(3) Payment > > Not later than 1 year after the date of enactment of this subtitle, subject to the availability of appropriations, from amounts appropriated to the Secretary of the Navy for operation and maintenance, the Secretary of the Navy shall transfer to Churchill County, Nevada, $20,000,000 for deposit in an account designated by Churchill County, Nevada, to resolve the loss of public access and multiple use within Churchill County, Nevada. > > > ## “SEC. 2983 ORDNANCE LANDING OUTSIDE TARGET AREAS > > “The Secretary of the Navy, in the administration of an Operational Range Clearance program, shall ensure that tracked ordnance (bombs, missiles, and rockets) known to have landed outside a target area in the B-17 and B-20 Ranges is removed within 180 days of the event and, to the extent practicable, tracked ordnance known to have landed within the Monte Cristo Range Protection Area described in section 2982(a)(2)(D) shall be removed within 45 days of the event. The Secretary of the Navy shall report to the Fallon Range Training Complex Intergovernmental Executive Committee directed by section 3011(a)(5) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 885; 134 Stat. 4349) not less frequently than annually, instances in which ordnance land outside target areas and the status of efforts to clear such ordnance. > > > ## “SEC. 2984 RELATIONSHIP TO OTHER RESERVATIONS > > > ### “(a) B-16 and B-20 Ranges > > To the extent the withdrawal and reservation made by section 2981 for the B-16 and B-20 Ranges withdraws land currently withdrawn and reserved for use by the Bureau of Reclamation, the reservation made by section 2981 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. The Secretary of the Navy shall enter into an agreement with the Secretary of the Interior to ensure continued access to the B-16 and B-20 Ranges by the Bureau of Reclamation to conduct management activities consistent with the purposes for which the Bureau of Reclamation withdrawal was established. > > > ### “(b) Shoal Site > > The Secretary of Energy shall remain responsible and liable for the subsurface estate and all activities of the Secretary of Energy at the Shoal Site withdrawn and reserved by Public Land Order Number 2771, as amended by Public Land Order Number 2834. > > > ## “SEC. 2985 INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN > > > ### “(a) Preparation Required > > > #### “(1) Preparation; deadline > > Within 2 years after the date of enactment of this subtitle, the Secretary of the Navy shall update the current integrated natural resources management plan for the land withdrawn and reserved by section 2981. > > > #### “(2) Coordination > > The Secretary of the Navy shall prepare the integrated natural resources management plan in coordination with the Secretary of the Interior, the State of Nevada, Churchill County, Nevada, other impacted counties in the State of Nevada, and affected Indian tribes. > > > ### “(b) Resolution of Conflicts > > > #### “(1) In general > > Any disagreement among the parties referred to in subsection

(a)concerning the contents or implementation of the integrated natural resources management plan prepared under that subsection or an amendment to the management plan shall be resolved by the Secretary of the Navy, the Secretary of the Interior, and the State of Nevada, acting through— > > > ##### “(A) > > the State Director of the Nevada State Office of the Bureau of Land Management; > > > ##### “(B) > > the Commanding Officer of Naval Air Station Fallon, Nevada; > > > ##### “(C) > > the State Director of the Nevada Department of Wildlife; > > > ##### “(D) > > if appropriate, the Regional Director of the Pacific Southwest Region of the United States Fish and Wildlife Service; and > > > ##### “(E) > > if appropriate, the Regional Director of the Western Region of the Bureau of Indian Affairs. > > > #### “(2) Consultation > > Prior to the resolution of any conflict under paragraph (1), the Secretary of the Navy shall consult with the Intergovernmental Executive Committee in accordance with section 3011(a)(5) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 885; 134 Stat. 4349). > > > ### “(c) Elements of Plan > > Subject to subsection (b), the integrated natural resources management plan under subsection (a)— > > > #### “(1) > > shall be prepared and implemented in accordance with the Sikes Act (16 U.S.C. 670 et seq.); > > > #### “(2) > > shall include provisions for— > > > ##### “(A) > > proper management and protection of the natural resources of the land; and > > > ##### “(B) > > sustainable use by the public of such resources to the extent consistent with the military purposes for which the land is withdrawn and reserved; > > > #### “(3) > > shall coordinate access with the Nevada Department of Wildlife to manage hunting, fishing, and trapping on the land where compatible with the military mission; > > > #### “(4) > > shall provide for livestock grazing and agricultural out-leasing on the land, if appropriate— > > > ##### “(A) > > in accordance with section 2667 of title 10, United States Code; and > > > ##### “(B) > > at the discretion of the Secretary of the Navy; > > > #### “(5) > > shall identify current test and target impact areas and related buffer or safety zones on the land; > > > #### “(6) > > shall provide that the Secretary of the Navy— > > > ##### “(A) > > shall take necessary actions to prevent, suppress, manage, and rehabilitate brush and range fires occurring on land withdrawn or owned within the Fallon Range Training Complex and fires resulting from military activities outside the withdrawn or owned land of the Fallon Range Training Complex; and > > > ##### “(B) > > notwithstanding section 2465 of title 10, United States Code— > > > ###### “(i) > > may obligate funds appropriated or otherwise available to the Secretary of the Navy to enter into memoranda of understanding, cooperative agreements, and contracts for fire management; and > > > ###### “(ii) > > shall reimburse the Secretary of the Interior for costs incurred under this paragraph; > > > #### “(7) > > shall provide that all gates, fences, and barriers constructed after the date of enactment of this subtitle shall be designed and erected, to the maximum extent practicable and consistent with military security, safety, and sound wildlife management use, to allow for wildlife access; > > > #### “(8) > > if determined appropriate by the Secretary of the Navy, the Secretary of the Interior, and the State of Nevada after review of any existing management plans applicable to the land, shall incorporate the existing management plans; > > > #### “(9) > > shall include procedures to ensure that— > > > ##### “(A) > > the periodic reviews of the integrated natural resources management plan required by the Sikes Act (16 U.S.C. 670 et seq.) are conducted jointly by the Secretary of the Navy, the Secretary of the Interior, and the State of Nevada; and > > > ##### “(B) > > affected counties and affected Indian tribes and the public are provided a meaningful opportunity to comment on any substantial revisions to the plan that may be proposed pursuant to such a review; > > > #### “(10) > > shall provide procedures to amend the integrated natural resources management plan as necessary; > > > #### “(11) > > shall allow access to, and ceremonial use of, Tribal sacred sites to the extent consistent with the military purposes for which the land is withdrawn and reserved by section 2981(a); and > > > #### “(12) > > shall provide for timely consultation with affected Indian tribes. > > > ## “SEC. 2986 USE OF MINERAL MATERIALS > > “Notwithstanding any other provision of this subtitle or of the Act of July 31, 1947 (commonly known as the Materials Act of 1947; 30 U.S.C. 601 et seq.), the Secretary of the Navy may use sand, gravel, or similar mineral materials resources of the type subject to disposition under that Act from land withdrawn and reserved by this subtitle if use of such resources is required for construction needs on the land. > > > ## “SEC. 2987 TRIBAL ACCESS AGREEMENT AND CULTURAL RESOURCES SURVEY > > > ### “(a) Tribal Access Agreement > > > #### “(1) In general > > Not later than 120 days after the date of enactment of this subtitle, the Secretary of the Navy and the Secretary of the Interior shall enter into an agreement with each affected Indian tribe for the purpose of establishing continued, regular, and timely access to the land withdrawn and reserved by section 2981, including all land subject to previous withdrawals under section 3011(a) of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113 Stat. 885), for cultural, religious, gathering and ceremonial uses by affected Indian tribes. > > > #### “(2) Access > > The Secretary of the Navy shall— > > > ##### “(A) > > provide access in accordance with the agreement entered into under paragraph (1); and > > > ##### “(B) > > to the extent practicable and consistent with operational, safety, and security needs, seek to minimize notice from the affected Indian tribe and chaperoning requirements for Tribal access. > > > #### “(3) Resolution of conflicts > > If an affected Indian tribe provides written comments to the Secretary of the Navy or the Secretary of the Interior proposing changes or additions to the agreement entered into under paragraph

(1)and the proposals are not incorporated in the final agreement, the Secretary concerned shall— > > > ##### “(A) > > respond in writing to the affected Indian tribe explaining a clear, identifiable rationale why the proposed change was not incorporated; and > > > ##### “(B) > > share the written responses under subparagraph

(A)with the Committee on Armed Services of the House of Representatives, the Committee on Natural Resources of the House of Representatives, the Committee on Armed Services of the Senate, and the Committee on Indian Affairs of the Senate. > > > ### “(b) Ethnographic Study > > The Secretary of the Navy, in consultation with the State of Nevada and appropriate Tribal governments, shall conduct an ethnographic study of the expanded Fallon Range Training Complex to assess the importance of that area to Indian tribes and the religious and cultural practices of those Indian tribes. > > > ### “(c) Cultural Resources Survey > > > #### “(1) Survey > > The Secretary of the Navy, after consultation with affected Indian tribes and review of data, studies, and reports in the possession of such Indian tribes, shall conduct a cultural resources survey of the land withdrawn and reserved by section 2981 for each of the expanded areas of the B-16, B-17, and B-20 Ranges that were not subject to previous surveys in support of the Record of Decision for the Fallon Range Training Complex Modernization Final Environmental Impact Statement dated March 12, 2020, and previous withdrawals comprising the Fallon Range Training Complex that includes pedestrian field surveys and the inventory and identification of specific sites containing cultural, religious, and archaeological resources of importance to affected Indian tribes. > > > #### “(2) Results > > Not later than 2 years after the date of enactment of this subtitle, the Secretary of the Navy shall provide the results of the survey conducted under paragraph

(1)to affected Indian tribes for review and comment prior to concluding survey activities. > > > #### “(3) Inclusion in agreement > > The agreement under subsection

(a)shall include access to the specific sites identified by the survey conducted under paragraph

(1)by affected Indian tribes, including proper disposition or protection of, and any requested access to, any identified burial sites, in accordance with the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.). > > > #### “(4) Limitation on use of land prior to completion of survey > > The Secretary of the Navy shall not make operational use of the expanded areas of the B-16, B-17, and B-20 Ranges that were not subject to previous withdrawals comprising the Fallon Range Training Complex until the date of completion of the survey required by paragraph (1). > > > ### “(d) Participation of Affected Indian Tribes > > In conducting an ethnographic study or cultural resources survey under subsection

(b)or (c), the Secretary of the Navy shall coordinate with, and provide for the participation of, each applicable affected Indian tribe. > > > ### “(e) Agreement to Mitigate Adverse Effects > > The Secretary of the Navy, the Secretary of the Interior, and affected Indian tribes shall enter into an agreement consistent with section 306108 of title 54, United States Code, that identifies actions to avoid, minimize, or mitigate adverse effects to sites identified in subsection (c), including adverse effects from noise. Using the results of surveys conducted under subsection (c), the Navy shall, in coordination with affected Indian tribes and to the extent practicable, avoid placing targets or other range infrastructure in culturally sensitive areas. The Navy shall avoid placement of targets in known sensitive habitat, cultural, or historic areas within the Monte Cristo Mountains. > > > ### “(f) Report > > Not later than 1 year after the date on which each of the agreements required under this section have been entered into and the survey and study required under this section have been completed, the Secretary of the Navy and the Secretary of the Interior shall jointly submit to Congress a report describing— > > > #### “(1) > > the access protocols established by the agreement under subsection (a); > > > #### “(2) > > the results of the ethnographic study conducted under subsection (b); > > > #### “(3) > > the results of the cultural resources survey under subsection (c); and > > > #### “(4) > > actions to be taken to avoid, minimize, or mitigate adverse effects to sites on the land withdrawn and reserved by section 2981. > > > ### “(g) Public Availability > > Information concerning the nature and specific location of a cultural resource shall be exempt from disclosure under section 552 of title 5 and any other law unless the Secretary of the Navy, in consultation with affected Indian tribes, determines that disclosure would— > > > #### “(1) > > further the purposes of this section; > > > #### “(2) > > not create risk of harm to or theft or destruction of the cultural resource or the site containing the cultural resource; and > > > #### “(3) > > be in accordance with other applicable laws.” > .

Connectionstraces to 12

Traces to 12 documents

public-private-law

U.S. Code