[House Report 113-506]
[From the U.S. Government Publishing Office]
113th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 113-506
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NAVAL AIR WEAPONS STATION CHINA LAKE SECURITY ENHANCEMENT ACT
_______
June 30, 2014.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 4458]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4458) to make permanent the withdrawal and
reservation of public land previously withdrawn and reserved to
support the operations of Naval Air Weapons Station China Lake,
California, and to provide for the withdrawal and reservation
of additional public land, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Naval Air Weapons Station China Lake
Security Enhancement Act''.
SEC. 2. WITHDRAWAL AND RESERVATION OF PUBLIC LAND FOR NAVAL AIR WEAPONS
STATION CHINA LAKE, CALIFORNIA.
(a) Permanent Withdrawal and Reservation.--Section 2979 of the
Military Construction Authorization Act for Fiscal Year 2014 (division
B of Public Law 113-66; 127 Stat. 1047) is amended to read as follows:
``SEC. 2979. PERMANENT WITHDRAWAL AND RESERVATION.
``The withdrawal and reservation of public land made by section 2971
shall not terminate, except pursuant to--
``(1) an election and determination by the Secretary of the
Navy to relinquish the land under section 2922; or
``(2) a transfer by the Secretary of the Interior of
permanent administrative jurisdiction over the land to the
Secretary of the Navy.''.
(b) Withdrawal and Reservation of Additional Public Land.--Section
2971(b) of the Military Construction Authorization Act for Fiscal Year
2014 (division B of Public Law 113-66; 127 Stat. 1044) is amended--
(1) by striking ``The public land'' and inserting the
following:
``(1) Initial withdrawal.--The public land''; and
(2) by adding at the end the following new paragraph:
``(2) Additional withdrawal.--Subject to valid existing
rights, the public land (including interests in land) referred
to in subsection (a) also includes the approximately 26,313
acres of public land (including interests in land) known as the
Cuddeback Lake Air Force Range, as described in section 2 of
Public Law 88-46 (77 Stat. 70), and an additional approximately
18,933 acres of public land in San Bernardino County,
California, identified as `Proposed Navy Acquisition Area' (but
excluding the parcel identified as `AF Fee Simple') on the map
entitled `Cuddeback Land Area' and dated April 1, 2014, and
filed in accordance with section 2912, except that the
withdrawal area specifically excludes any public land included
within the Grass Valley Wilderness and all private lands
otherwise located within the boundaries of the withdrawal area.
The Secretary of the Navy shall ensure that the owners of the
excluded private land continue to have reasonable access to
their private land.''.
(c) Management of Additional Public Land.--Section 2973 of the
Military Construction Authorization Act for Fiscal Year 2014 (division
B of Public Law 113-66; 127 Stat. 1045) is amended by adding at the end
the following new subsection:
``(d) Additional Management Considerations for Certain Lands.--
Subject to existing laws and to the extent possible without
compromising mission readiness, the Secretary of the Navy shall manage
the additional lands withdrawn by section 2971(b)(2) to protect
existing historic, economic, cultural, recreational, hunting, and
scientific features and uses, including access to existing roadways and
trails.''.
Purpose of the Bill
The purpose of H.R. 4458 is to make permanent the
withdrawal and reservation of public land previously withdrawn
and reserved to support the operations of Naval Air Weapons
Station China Lake, California, and to provide for the
withdrawal and reservation of additional public land.
Background and Need for Legislation
Enacted in 1994, the California Desert Protection Act
(CDPA) included the California Military Lands Withdrawal and
Overflights Act of 1994. Naval Air Weapons Station (NAWS) China
Lake is one of several Bureau of Land Management (BLM) areas
withdrawn for military use under the CDPA and this withdrawal
is scheduled to expire on October 31, 2014. Due to the Navy's
need for continued research, development, acquisition, test,
and evaluation (RDAT&E) and operational training activities at
NAWS China Lake, earlier in the 113th Congress, Congressman
Kevin McCarthy introduced H.R. 1673 to permanently transfer the
approximately 1,030,000 acres to meet those critical national
security needs. However, the National Defense Authorization Act
for fiscal year 2014 (Public Law 113-66) only withdrew and
reserved the approximately 1,030,000 of BLM land at NAWS China
Lake for a period of 25 years.
H.R. 4458 directs the Secretary of the Interior to
permanently withdraw and reserve the approximately 1,056,313
acres of BLM land in Inyo, Kern and San Bernardino Counties,
California, to support the operations of NAWS China Lake. In
addition to the lands that are currently withdrawn and to meet
expanded Navy training needs, H.R. 4458 withdraws an additional
26,313 acres near the southwest corner of the South Range at
NAWS China Lake, which includes the currently inactive
Cuddeback Lake Air Force Range (approximately 7,379 acres). The
Cuddeback Lake Air Force Range was used by the Air Force from
the early 1960s to 1983 for test piloting, aerial gunnery,
bombing and strafing. H.R. 4458 provides a logical extension of
NAWS China Lake to meet expanding and evolving RDAT&E
capabilities, especially anticipated RDAT&E requirements like
the testing of Unmanned Aerial Vehicles and other unmanned
systems.
Committee Action
H.R. 4458 was introduced on April 10, 2014, by Congressman
Kevin McCarthy (R-CA). The bill was referred to the Committee
on Natural Resources, and within the Committee to the
Subcommittee on Public Lands and Environmental Regulation. On
April 29, 2014, the Subcommittee held a hearing on the bill. On
May 8, 2014, the Natural Resources Committee met to consider
the bill. The Subcommittee on Public Lands and Environmental
Regulation was discharged by unanimous consent. Congressman Rob
Bishop (R-UT) offered an amendment designated #1 to the bill;
the amendment was adopted by voice vote. No further amendments
were offered, and the bill, as amended, was then adopted and
ordered favorably reported to the House of Representatives by a
bipartisan roll call vote of 24 to 13, as follows:
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance with House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 4458--Naval Air Weapons Station China Lake Security Enhancement
Act
H.R. 4458 would make permanent the withdrawal of roughly 1
million acres of federal land that make up the National Air
Weapons Station (NAWS) China Lake. The bill also would
permanently withdraw an additional 26,000 acres of federal
lands for military purposes.
Because, under current law, the federal lands that make up
NAWS China Lake are withdrawn through fiscal year 2039 for
military purposes and the other affected lands are not expected
to generate receipts over the next 10 years, CBO estimates that
enacting H.R. 4458 would have no significant effect on the
federal budget. Enacting H.R. 4458 would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
H.R. 4458 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Because, under
current law, the federal lands that make up NAWS China Lake are
withdrawn through fiscal year 2039 for military purposes and
the other affected lands are not expected to generate receipts
over the next 10 years, CBO estimates that enacting H.R. 4458
would have no significant effect on the federal budget.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to make permanent the withdrawal and
reservation of public land previously withdrawn and reserved to
support the operations of Naval Air Weapons Station China Lake,
California, and to provide for the withdrawal and reservation
of additional public land.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
MILITARY CONSTRUCTION AUTHORIZATION ACT FOR FISCAL YEAR 2014
* * * * * * *
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
* * * * * * *
TITLE XXIX--WITHDRAWAL, RESERVATION, AND TRANSFER OF PUBLIC LANDS TO
SUPPORT MILITARY READINESS AND SECURITY
* * * * * * *
Subtitle F--Naval Air Weapons Station China Lake, California
SEC. 2971. WITHDRAWAL AND RESERVATION OF PUBLIC LAND.
(a) Withdrawal.--Subject to valid existing rights and except
as otherwise provided in this subtitle, the public land
(including interests in land) described in subsection (b), and
all other areas within the boundary of the land depicted on the
map described in that subsection that may become subject to the
operation of the public land laws, is withdrawn from all forms
of appropriation under the public land laws, including the
mining laws, the mineral leasing laws, and the geothermal
leasing laws.
(b) Description of Land.--[The public land]
(1) Initial withdrawal._The public land (including
interests in land) referred to in subsection (a) is the
Federal land located within the boundaries of the Naval
Air Weapons Station China Lake, California, comprising
approximately 1,045,000 acres in Inyo, Kern, and San
Bernardino Counties, California, as generally depicted
on the maps entitled ``Naval Air Weapons Station China
Lake Withdrawal--Renewal'', ``North Range'', and
``South Range'', dated March 18, 2013, and filed in
accordance with section 2912.
(2) Additional withdrawal.--Subject to valid existing
rights, the public land (including interests in land)
referred to in subsection (a) also includes the
approximately 26,313 acres of public land (including
interests in land) known as the Cuddeback Lake Air
Force Range, as described in section 2 of Public Law
88-46 (77 Stat. 70), and an additional approximately
18,933 acres of public land in San Bernardino County,
California, identified as ``Proposed Navy Acquisition
Area'' (but excluding the parcel identified as ``AF Fee
Simple'') on the map entitled ``Cuddeback Land Area''
and dated April 1, 2014, and filed in accordance with
section 2912, except that the withdrawal area
specifically excludes any public land included within
the Grass Valley Wilderness and all private lands
otherwise located within the boundaries of the
withdrawal area. The Secretary of the Navy shall ensure
that the owners of the excluded private land continue
to have reasonable access to their private land.
(c) Reservation.--The land withdrawn by subsection (a) is
reserved for use by the Secretary of the Navy for the following
purposes:
(1) Use as a research, development, test, and
evaluation laboratory.
(2) Use as a range for air warfare weapons and weapon
systems.
(3) Use as a high-hazard testing and training area
for aerial gunnery, rocketry, electronic warfare and
countermeasures, tactical maneuvering and air support,
and directed energy and unmanned aerial systems.
(4) Geothermal leasing, development, and related
power production activities.
(5) Other defense-related purposes that are--
(A) consistent with the purposes described in
the preceding paragraphs; and
(B) authorized under section 2914.
* * * * * * *
SEC. 2973. ASSIGNMENT OF MANAGEMENT RESPONSIBILITY TO SECRETARY OF THE
NAVY.
(a) Authority To Assign Management Responsibility.--The
Secretary of the Interior may assign the management
responsibility, in whole or in part, for the land withdrawn and
reserved by section 2971 to the Secretary of the Navy.
(b) Applicable Law.--On assignment of the management
responsibility under subsection (a), the Secretary of the Navy
shall manage the land in accordance with--
(1) subtitle A and this subtitle;
(2) title I of the Sikes Act (16 U.S.C. 670a et
seq.);
(3) the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1701 et seq.);
(4) cooperative management arrangements entered into
by the Secretary of the Interior and the Secretary of
the Navy; and
(5) any other applicable law.
(d) Additional Management Considerations for Certain Lands.--
Subject to existing laws and to the extent possible without
compromising mission readiness, the Secretary of the Navy shall
manage the additional lands withdrawn by section 2971(b)(2) to
protect existing historic, economic, cultural, recreational,
hunting, and scientific features and uses, including access to
existing roadways and trails.
* * * * * * *
[SEC. 2979. DURATION OF WITHDRAWAL AND RESERVATION.
[The withdrawal and reservation of public land made by
section 2971 shall terminate on March 31, 2039.]
SEC. 2979. PERMANENT WITHDRAWAL AND RESERVATION.
The withdrawal and reservation of public land made by section
2971 shall not terminate, except pursuant to--
(1) an election and determination by the Secretary of
the Navy to relinquish the land under section 2922; or
(2) a transfer by the Secretary of the Interior of
permanent administrative jurisdiction over the land to
the Secretary of the Navy.
* * * * * * *
DISSENTING VIEWS
H.R. 4458 makes permanent the withdrawal and reservation of
public land associated with Naval Air Weapons Station China
Lake in Southern California. This land was already withdrawn
for military use by National Defense Authorization Act for
Fiscal Year 2014. The current withdrawal, which was approved
last year by Congress, extended the reservation until 2039.
In addition to making permanent the withdrawal, H.R 4458
adds 26,349 acres to China Lake, over half of which the Navy
testified that it does not want to manage. Forcing the
Department of Defense to manage land that it doesn't need will
divert critical resources that should be used to make sure our
men and women in uniform have what they need to keep our
country safe, not managing grazing permits or wild horses.
Democrats support the ongoing use of public lands by our
nation's military. In fact, Congress passed the Engle Act in
1958 to ensure proper oversight of the military's use of public
lands. Thanks to that oversight and periodic review,
approximately 16 million acres of public lands are currently
withdrawn and reserved for military purposes in joint
cooperation with the public land agencies and the military.
This cooperation ensures that the military mission is
prioritized as long as needed, but allows for discussion of the
long-term protection and potential uses of the lands in the
future. While used by the military, the land still belongs to
the American public.
The Department of Defense has made suggestions about how to
improve the way it accesses and uses public lands. These
suggestions are ignored by this bill. There may be specific
instances where a permanent transfer to the Defense Department
makes sense, but this is not one of them.
Peter DeFazio,
Ranking Member, Committee on
Natural Resources.
Raul Grijalva,
Ranking Member, Subcommittee on
Public Lands and Environmental
Regulation.
APPENDIX I: MAP