H.R. 1672 — what changed
Limestone Hills Training Area Withdrawal Act
From Introduced in House to Reported in House. 2 sections amended and 8 added between Introduced in House and Reported in House.
Sec. 2 Withdrawal and reservation of public lands for Limestone Hills Training Area, Montana
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Withdrawal— The Subject to valid existing rights and except as provided in this Act, the public lands and interests in lands described in subsection (c), and all other areas within the boundaries of such lands as depicted on the map provided for by subsection (d) that may become subject to the operation of the public land laws, are hereby withdrawn from all forms of appropriation under the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws.
Reservation; purpose— Subject to the limitations and restrictions contained in section 4, the public lands withdrawn by subsection (a) are reserved for use by the Secretary of the Army for the following purposes:
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The conduct of training for regular active and reserve components of the Armed Forces.
The construction, operation, and maintenance of organizational support and maintenance facilities for component units conducting training.
The conduct of training by the Montana Department of Military Affairs, except that any such use may not interfere with purposes specified in paragraphs (1) and (2).
The conduct of training by State and local law enforcement agencies, civil defense organizations, and public education institutions, except that any such use may not interfere with military training activities.
Other defense-related purposes consistent with the purposes specified in the preceding paragraphs.
Land Description— The public lands and interests in lands withdrawn and reserved by this section comprise approximately 18,644 acres in Broadwater County, Montana, as generally depicted as “Proposed Land Withdrawal” on the map titled “Limestone Hills Training Area Land Withdrawal”, dated April 10, 2013.
Legal description and map—
In general— As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall publish in the Federal Register a legal description of the public land withdrawn under subsection (a) and a copy of a map depicting the legal description of the withdrawn land.
Force of law— The legal description and map published under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary of the Interior may correct errors in the legal description.
Reimbursement of costs— The Secretary of the Army shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior in implementing this subsection.
removed
Valid existing rights— The withdrawal and reservation of public land under subsection (a) shall be subject to valid existing rights.
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was (7)
Indian tribes— Nothing in this Act shall be construed as altering any rights reserved for an Indian tribe for tribal use of lands within the military land withdrawal by treaty or Federal law. The Secretary of the Army shall consult with any Indian tribes in the vicinity of the military land withdrawal before taking action within the military land withdrawal affecting tribal rights or cultural resources protected by treaty or Federal law.
Sec. 4 Special rules governing minerals management
Indian Creek Mine—
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In general— Locatable Of the lands withdrawn by section 2, locatable mineral activities in the approved Indian Creek Mine plan of operations, MTM–78300, shall be regulated pursuant to subparts 3715 and 3809 of title 43, Code of Federal Regulations. The Of the lands withdrawn by section 2, the land area subject to the approved plan of operations shall permanently remain open to the amendment or relocation of mining claims (or both) under the Act of May 10, 1872 (commonly known as the General Mining Act of 1872; 30 U.S.C. 22 et seq.) to the extent necessary to preserve the mining operations described in the approved plan of operations.
Restrictions on Secretary of the Army— The Secretary of the Army shall make no determination that the disposition of or exploration for minerals as provided for in the approved plan of operations is inconsistent with the defense-related uses of the lands covered by the military land withdrawal. The coordination of such disposition of and exploration for minerals with defense-related uses of such lands shall be determined pursuant to procedures in an agreement provided for under subsection (c).
Removal of unexploded ordnance on lands To be mined—
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Removal activities— The Secretary of the Army shall request funding for and, subject Subject to the availability of funds appropriated for such funds, purpose, the Secretary of the Army shall remove unexploded ordnance on lands withdrawn by section 2 that are subject to mining under subsection (a), consistent with applicable Federal and State law. The Secretary of the Army may engage in such removal of unexploded ordnance in phases to accommodate the development of the Indian Creek Mine pursuant to subsection (a).
Report on removal activities— The Secretary of the Army shall annually submit to the Secretary of the Interior a report regarding the unexploded ordnance removal activities for the previous fiscal year performed pursuant to this subsection. The report shall include—
the amounts of funding expended for unexploded ordnance removal on the lands withdrawn by section 2; and
the identification of the lands cleared of unexploded ordnance and approved for mining activities by the Secretary of the Interior.
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Implementation agreement for mining activities— The Secretary of the Interior and the Secretary of the Army shall enter into an agreement to implement this section with regard to coordination of defense-related uses and mining and the ongoing removal of unexploded ordnance. The duration of the agreement shall be the same as the period of the withdrawal under section 2, but may be amended from time to time. The agreement shall provide the following:
That Graymont Western US, Inc., or any successor or assign of the approved Indian Creek Mine mining plan of operations, MTM–78300, is invited to be a party to the agreement.
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Provisions regarding the day-to-day joint-use of the Limestone Hills Training Area, which shall include the following limitations and restrictions:Area.
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Provisions addressing when military and other authorized uses of the withdrawn lands will occur.
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Provisions regarding when and where military use or training with explosive material will occur.
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Provisions regarding the scheduling of training activities conducted within the withdrawn area that restrict mining activities and procedures for deconfliction with mining operations, including parameters for notification and sanction of anticipated changes to the schedule.
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Provisions regarding liability and compensation for damages or injury caused by mining or military training activities.
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Provisions for periodic review of the agreement for its adequacy, effectiveness, and need for revision.
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Military and other authorized uses of the withdrawn lands shall only occur between the second Monday in April and November 30 unless otherwise authorized by the Secretary of the Interior.
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Military use for mortar target practice or training with respect to other weapons systems containing explosive material shall be limited to the area described on the map referred to in section 2(c) as the “high explosive active impact area” and shall not include any lands within the approved Indian Creek Mine plan of operations. Immediately after any exercise during which live rounds are fired the military unit or other organization utilizing the area will take all reasonable action to locate and remove or destroy any undetonated rounds impacting any of the withdrawn land (other than withdrawn land in the “high explosive active impact area”).
removed
Training activities conducted within the withdrawn area that restrict mining activities will be scheduled for no more than 16 weeks in any year and for no longer than three successive weeks without a recess of two weeks. In order to schedule annual mining operations prior to February 1st each year the Secretary of the Army shall provide the Secretary of the Interior and Graymont Western US, Inc. with an annual schedule of training activities to take place within the withdrawn area during the year. The annual schedule shall specify the weapons systems to be used and the “surface danger zone” applicable to the weapon system identified in the schedule. Any proposed changes to the schedule shall be provided to Graymont Western US, Inc. at least 90 days prior to the anticipated change and shall be subject to the approval of Graymont Western US, Inc. if the proposed change could impact mining operations.
removed
The military unit or other organization utilizing lands within the approved Indian Creek Mine plan of operations for training activities will bear full liability to the extent of the law for any injury caused to employees and guests of Graymont Western US, Inc., or a member of the public or for damage to any mining equipment or facility of Graymont Western US, Inc., it successors and assigns, caused by the training activity.
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was (4)(5)
Procedures for access through mining operations covered by this section to training areas within the boundaries of the Limestone Hills Training Area.
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was (4)(6)
Procedures for scheduling of the removal of unexploded ordnance.
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Existing memorandum of agreement— Until such time as the agreement required under subsection (c) becomes effective, the compatible joint use of the lands withdrawn and reserved by section 2 shall be governed, to the extent compatible, by the terms of the 2005 Memorandum of Agreement among the Montana Army National Guard, Graymont Western US Inc. and the Bureau of Land Management.
Sec. 7 Payments in lieu of taxes
addedadded The lands withdrawn by section 2 shall remain eligible as entitlement land under 31 U.S.C. 6901.
Sec. 8 Hunting, fishing and trapping
addedadded All hunting, fishing and trapping on the lands withdrawn by section 2 shall be conducted in accordance with the provisions of 10 U.S.C. 2671.
Sec. 9 Water rights
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Water rights— Nothing in this Act shall be construed—
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to establish a reservation in favor of the United States with respect to any water or water right on lands withdrawn by section 2; or
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to authorize the appropriation of water on lands withdrawn by section 2 except in accordance with applicable State law.
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Effect on previously acquired or reserved water rights— This section shall not be construed to affect any water rights acquired or reserved by the United States before the date of the enactment of this Act.
Sec. 10 Brush and range fire prevention and suppression
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Required activities— The Secretary of the Army shall, consistent with any applicable land management plan, take necessary precautions to prevent, and actions to suppress, brush and range fires occurring as a result of military activities on the lands withdrawn and reserved by section 2, including fires outside those lands that spread from the withdrawn land and which occurred as a result of such activities.
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Cooperation of Secretary of the Interior— At the request of the Secretary of the Army, the Secretary of the Interior shall provide assistance in the suppression of such fires and shall be reimbursed for such assistance by the Secretary of the Army. Notwithstanding 10 U.S.C. 2215, the Secretary of the Army may transfer to the Secretary of the Interior, in advance, funds to reimburse the costs of the Department of the Interior in providing such assistance.
Sec. 11 On-going decontamination
addedadded During the withdrawal and reservation authorized by section 2, the Secretary of the Army shall maintain, to the extent funds are available for such purpose, a program of decontamination of contamination caused by defense-related uses on such lands consistent with applicable Federal and State law. The Secretary of Defense shall include a description of such decontamination activities in the annual report required by section 10 U.S.C. 2711.
Sec. 12 Application for renewal of a withdrawal and reservation
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Notice— To the extent practicable, no later than five years before the termination of the withdrawal and reservation made by section 2, the Secretary of the Army shall notify the Secretary of the Interior whether the Secretary of the Army will have a continuing defense-related need for any of the lands withdrawn and reserved by section 2 after the termination date of such withdrawal and reservation. The Secretary of the Army shall provide a copy of the notice to the Committee on Armed Services and the Committee on Energy and Natural Resources of the Senate and the Committee on Armed Services and the Committee on Natural Resources of the House of Representatives.
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Filing for extension— If the Secretary of the Army concludes that there will be a continuing defense-related need for any of the withdrawn and reserved lands after the termination date, the Secretary of the Army shall file an application for extension of the withdrawal and reservation of such needed lands in accordance with the regulations and procedures of the Department of the Interior applicable to the extension of withdrawals and reservations.
Sec. 13 Limitation on subsequent availability of lands for appropriation
addedadded At the time of termination of a withdrawal and reservation made by section 2, the previously withdrawn lands shall not be open to any form of appropriation under the public 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 specifying the date upon which such lands shall be restored to the public domain and opened for such purposes.
Sec. 14 Relinquishment
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Notice of intention to relinquish— If, during the period of withdrawal and reservation under section 2, the Secretary of the Army decides to relinquish any or all of the lands withdrawn and reserved, the Secretary of the Army shall file a notice of intention to relinquish with the Secretary of the Interior.
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Determination of contamination— As a part of the notice under subsection (a), the Secretary of the Army shall include a written determination concerning whether and to what extent the lands that are to be relinquished are contaminated with explosive materials or toxic or hazardous substances.
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Public notice— The Secretary of the Interior shall publish in the Federal Register the notice of intention to relinquish, including the determination concerning the contaminated state of the lands.
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Decontamination of lands to be relinquished—
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If land subject of a notice of intention to relinquish pursuant to subsection (a) is contaminated, and the Secretary of the Interior, in consultation with the Secretary of the Army, determines that decontamination is practicable and economically feasible (taking into consideration the potential future use and value of the land) and that, upon decontamination, the land could be opened to operation of some or all of the public land laws, including the mining laws and the mineral leasing and geothermal leasing laws, the Secretary of the Army shall decontaminate the land to the extent that funds are appropriated for such purpose.
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If the Secretary of the Interior, after consultation with the Secretary of the Army, concludes that decontamination of land subject of a notice of intention to relinquish pursuant to subsection (a) is not practicable or economically feasible, or that the land cannot be decontaminated sufficiently to be opened to operation of some or all of the public land laws, or if Congress does not appropriate sufficient funds for the decontamination of such land, the Secretary of the Interior shall not be required to accept the land proposed for relinquishment.
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If the Secretary of the Interior declines to accept the lands that have been proposed for relinquishment because of their contaminated state, or if at the expiration of the withdrawal and reservation made by section 2 the Secretary of the Interior determines that some of the lands withdrawn and reserved are contaminated to an extent which prevents opening such contaminated lands to operation of the public land laws—
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the Secretary of the Army shall take appropriate steps to warn the public of the contaminated state of such lands and any risks associated with entry onto such lands;
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after the expiration of the withdrawal and reservation, the Secretary of the Army shall undertake no activities on such lands except in connection with decontamination of such lands; and
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the Secretary of the Army shall report to the Secretary of the Interior and to the Congress concerning the status of such lands and all actions taken in furtherance of this paragraph.
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Revocation authority— Upon deciding that it is in the public interest to accept the lands proposed for relinquishment pursuant to subsection (a), the Secretary of the Interior may order the revocation of the withdrawal and reservation made by section 2 as it applies to such lands. The Secretary of the Interior shall publish in the Federal Register the revocation order, which shall—
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terminate the withdrawal and reservation;
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constitute official acceptance of the lands by the Secretary of the Interior; and
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state the date upon which the lands will be opened to the operation of some or all of the public land laws, including the mining laws.
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Acceptance by Secretary of the Interior— Nothing in this section shall be construed to require the Secretary of the Interior to accept the lands proposed for relinquishment if the Secretary determines that such lands are not suitable for return to the public domain. If the Secretary makes such a determination, the Secretary shall provide notice of the determination to Congress.