H.R. 4579 — what changed
Utah Test and Training Range Encroachment Prevention and Temporary Closure Act
From Introduced in House to Reported in House. 2 sections amended between Introduced in House and Reported in House.
Sec. 103 Community resource group
Establishment— Not later than 60 days after the date of enactment of this Act, there shall be established the Utah Test and Training Range Community Resource Group (referred to in this section as the “Community Group”) to provide regular and continuing input to the Secretary and the Secretary of the Air Force on matters involving public access to, use of, and overall management of the BLM land.
Membership—
In general— The Secretary (acting through the State Bureau of Land Management Office) shall appoint members to the Community Group, including—
operational and land management personnel of the Air Force;
1 Indian representative, to be nominated by a majority vote conducted among the Indian tribes in the vicinity of the BLM land;
not more than 2 county commissioners from each of Box Elder, Tooele, and Juab Counties, Utah;
2 representatives of off-road and highway use, hunting, and other recreational groups;
2 representatives of livestock grazers on any public land located within the BLM land;
1 representative of the Utah Department of Agriculture and Food; and
not more than 3 representatives of State or Federal offices or agencies, or private groups, if the Secretary determines that such representatives would further the goals and objectives of the Community Group.
Chairperson— The members described in paragraph (1) shall elect from among the members of the Community Group—
1 member to serve as Chairperson of the Community Group; and
1 member to serve as Vice-Chairperson of the Community Group.
Conditions and terms of appointment—
In general— Each member of the Community Group shall serve voluntarily and without remuneration.
Term of appointment—
In general— Each member of the Community Group shall be appointed for a term of 4 years.
Original members— Notwithstanding subparagraph (A), the Chairperson shall select 1/2 of the original members of the Community Group to serve for a term of 4 years and the 1/2 to serve for a term of 2 years to ensure the replacement of members shall be staggered from year to year.
Reappointment and replacement— The Secretary may reappoint or replace a member of the Community Group appointed under subsection (b)(1), if—
the term of the member has expired;
the member has retired; or
the position held by the member described in subparagraphs (A) through (G) of paragraph (1) has changed to the extent that the ability of the member to represent the group or entity that the member represents has been significantly affected.
Meetings—
In general— The Community Group shall meet not less than once per year, and at such other frequencies as determined by five or more of the members of the Community Group.
Responsibilities of community group— The Community Group shall be responsible for determining appropriate schedules for, details of, and actions for meetings of the Community Group.
Notice— The Chairperson shall provide notice to each member of the Community Group not less than 10 business days before the date of a scheduled meeting.
Exempt from Federal Advisory Committee Act— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to meetings of the Community Group.
Coordination with recommendations of Community Group— The Secretary and the Secretary of the Air Force, consistent with existing laws (including regulations), shall take under consideration recommendations from the Community Group.
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Termination of authority— The Community Group shall terminate on the date that is 10 7 years after the date of enactment of this Act, unless the Secretary and the Community Group mutually elect to terminate the Community Group before that date.
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Renewal— The Community Group may elect, by simple majority, to renew the term of the Community Group for 10 7 years, upon or within 90 days of termination, with the option to renew every 10 7 years thereafter.
Sec. 301 Recognition and transfer of certain highway rights-of-way
Definitions— In this section:
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Highway right-of-way— The term highway right-of-way means a right-of-way across Federal land for all county Class B and Class D R.S. 2477 roads in the Counties of Box Elder, Tooele, and Juab, in the State of Utah, according to official the transportation map and centerline descriptions of each county in existence as of March 1, 2015.
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Map— The term official transportation “transportation map and centerline description description” means—
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the map entitled “Official Transportation Map of Box titled “Box Elder County, Utah” and dated March 1, 2015, County R.S. 2477 Rights-of-Way” and accompanying GPS centerline description of each road on file with data kept and maintained by the Clerk Utah Public Lands Policy Coordinating Office showing the locations and routes of all county claimed roads across Bureau of Land Management lands in Box Elder County as of March 1, 2015;County, Utah;
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the map entitled “Official Transportation Map of Tooele County” and dated March 1, 2015, titled “Tooele County R.S. 2477 Roads” and accompanying GPS centerline description of each road on file with data kept and maintained by the Clerk Utah Public Lands Policy Coordinating Office showing the locations and routes of Tooele County as all county claimed roads across Bureau of March 1, 2015; Land Management lands in Tooele County, Utah; and
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the map entitled “Official Transportation Map of Juab County” and dated March 1, 2015, titled “Juab County R.S. 2477 Rights-of-Way” and accompanying GPS centerline description of each road on file with data kept and maintained by the Clerk Utah Public Lands Policy Coordinating Office showing the locations and routes of Juab County as all county claimed roads across Bureau of March 1, 2015.Land Management lands in Juab County, Utah.
Secretary— The term Secretary means—
the Secretary of Agriculture, with respect to land administered by the Chief of the Forest Service; or
the Secretary of the Interior, with respect to land administered by the Director of the Bureau of Land Management.
Recognition of existence and validity of rights-of-Way— Congress recognizes the existence and validity of each of the highway rights-of-way identified on the official transportation maps and centerline descriptions.
Conveyance of an easement across Federal land—
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Box Elder County, Utah— The Secretary shall convey, without consideration, to Box Elder County, Utah, and the State of Utah as joint tenants with undivided interests, easements for motorized travel rights-of-way across Federal land for all highways Class B and Class D R.S. 2477 roads shown and described in the official transportation map and centerline description of the county described in subsection (a)(2)(A).
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Juab Tooele County, Utah— The Secretary shall convey, without consideration, to Juab Tooele County, Utah, and the State of Utah as joint tenants with undivided interests, easements for motorized travel rights-of-way across Federal land for all highways Class B and Class D R.S. 2477 roads shown and described in the official transportation map and centerline description of the county described in subsection (a)(2)(B).
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Tooele Juab County, Utah— The Secretary shall convey, without consideration, to Tooele Juab County, Utah, and the State of Utah as joint tenants with undivided interests, easements for motorized travel rights-of-way across Federal land for all highways Class B and Class D R.S. 2477 roads shown and described in the official transportation map and centerline description of the county described in subsection (a)(2)(C).
Description of Federal land subject to easement—
In general— All easements under subsection (c) shall include—
the current disturbed width of each subject highway as shown and described in the official transportation maps and centerline descriptions; and
any additional acreage on either side of the disturbed width that the respective county transportation department determines is necessary for the efficient maintenance, repair, signage, administration, and use of the Federal land subject to the easement.
Description—
In general— The exact acreage and legal description of the Federal land subject to the easements conveyed under subsection (c) shall be—
as described in the centerline descriptions;
as referenced in the official transportation maps; and
as described and referenced according to the disturbed width of each highway as of the date of conveyance for travel purposes, plus any reasonable additional width as may be necessary for surface maintenance, repairs, and turnaround purposes.
Survey not required— Notwithstanding any other provision of law, the conveyance of easements under subsection (c) shall be effective without a survey of the exact acreage and local description of the Federal land subject to the easements.
Retention of maps and centerline descriptions— The maps and centerline descriptions referred to in clauses (i) and (ii) of subsection (d)(2)(A) shall be on file in the appropriate office of the Secretary.