[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1672 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1672
To withdraw and reserve certain public lands administered by the Bureau
of Land Management for exclusive military use as part of the Limestone
Hills Training Area, Montana, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 23, 2013
Mr. Daines (for himself and Mr. Bishop of Utah) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Armed Services, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To withdraw and reserve certain public lands administered by the Bureau
of Land Management for exclusive military use as part of the Limestone
Hills Training Area, Montana, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Limestone Hills Training Area
Withdrawal Act''.
SEC. 2. WITHDRAWAL AND RESERVATION OF PUBLIC LANDS FOR LIMESTONE HILLS
TRAINING AREA, MONTANA.
(a) Withdrawal.--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withdrawn from all forms of appropriation under the public land laws,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.
(b) 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restrictions contained in section 4, the public lands withdrawn by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:
(1) The conduct of training for regular and reserve
components of the Armed Forces.
(2) The construction, operation, and maintenance of
organizational support and maintenance facilities for component
units conducting training.
(3) 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).
(4) 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.
(5) Other defense-related purposes consistent with the
purposes specified in the preceding paragraphs.
(c) 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.
(d) Legal Description and Map.--
(1) 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.
(2) 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.
(3) 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.
(e) Valid Existing Rights.--The withdrawal and reservation of
public land under subsection (a) shall be subject to valid existing
rights.
(f) 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. 3. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.
During the period of the withdrawal and reservation specified in
section 6, the Secretary of the Army shall manage the public lands
withdrawn by section 2 for the purposes specified in subsection (b) of
such section, subject to the limitations and restrictions contained in
section 4.
SEC. 4. SPECIAL RULES GOVERNING MINERALS MANAGEMENT.
(a) Indian Creek Mine.--
(1) In general.--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 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.
(2) 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).
(b) Removal of Unexploded Ordnance on Lands To Be Mined.--
(1) Removal activities.--The Secretary of the Army shall
request funding for and, subject to the availability of such
funds, 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).
(2) 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--
(A) the amounts of funding expended for unexploded
ordnance removal on the lands withdrawn by section 2;
and
(B) the identification of the lands cleared of
unexploded ordnance and approved for mining activities
by the Secretary of the Interior.
(c) 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 agreement shall provide the following:
(1) 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.
(2) Provisions regarding the day-to-day joint-use of the
Limestone Hills Training Area, which shall include the
following limitations and restrictions:
(A) 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.
(B) 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'').
(C) 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.
(D) 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.
(3) Procedures for access through mining operations covered
by this section to training areas within the boundaries of the
Limestone Hills Training Area.
(4) Procedures for scheduling of the removal of unexploded
ordnance.
SEC. 5. GRAZING.
(a) Issuance and Administration of Permits and Leases.--The
issuance and administration of grazing permits and leases, including
their renewal, on the public lands withdrawn by section 2 shall be
managed by the Secretary of the Interior consistent with all applicable
laws, regulations, and policies of the Secretary of the Interior
relating to such permits and leases.
(b) Safety Requirements.--With respect to any grazing permit or
lease issued after the date of the enactment of this Act for lands
withdrawn by section 2, the Secretary of the Interior and the Secretary
of the Army shall jointly establish procedures that are consistent with
Department of the Army explosive and range safety standards and that
provide for the safe use of any such lands.
(c) Assignment.--The Secretary of the Interior may, with the
agreement of the Secretary of the Army, assign the authority to issue
and to administer grazing permits and leases to the Secretary of the
Army, except that such an assignment may not include the authority to
discontinue grazing on the lands withdrawn by section 2.
SEC. 6. DURATION OF WITHDRAWAL AND RESERVATION.
The military land withdrawal made by section 2 shall terminate on
March 31, 2039.
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