To require a report on encroachment issues affecting Utah Test and Training Range, Utah.
What it does: Adds TITLE XXIX--UTAH TEST AND TRAINING RANGE at the end of division B
Sen. Robert F. Bennett (R-UT)What it changes
1 change to S. 2400 · shown in the bill's text
Adds TITLE XXIX--UTAH TEST AND TRAINING RANGE at the end of division B
Adds a titleIn S. 2400 · Placed on Calendar Senate
(f) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the agreement authorized by subsection (a) as the Secretary considers appropriate to protect the interests of the United States.
Inserted: TITLE XXIX--UTAH TEST AND TRAINING RANGE
Inserted: SEC. 2901. SHORT TITLE.
Inserted: This title may be cited as the "Utah Test and Training Range Protection Act".
Inserted: SEC. 2902. DEFINITIONS.
Inserted: In this title:
Inserted: (1) The term "covered wilderness study areas" means the wilderness study areas located near lands withdrawn for military use and beneath special use airspace critical to the support of military test and training missions at the Utah Test and Training Range, including the Deep Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch Peak, King Top, Wah Wah Mountain, and Conger Mountain units identified by the Department of the Interior pursuant to section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782).
Inserted: (2) The term "Utah Test and Training Range" means those portions of the military operating area of the Utah Test and Training Area located solely in the State of Utah. The term includes the Dugway Proving Ground.
Inserted: SEC. 2903. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND TRAINING RANGE.
Inserted: (a) Findings.--Congress makes the following findings:
Inserted: (1) The testing and development of military weapons systems and the training of military forces are critical to ensuring the national security of the United States.
Inserted: (2) The Utah Test and Training Range in the State of Utah is a unique and irreplaceable national asset at the core of the test and training mission of the Department of Defense.
Inserted: (3) The Utah Test and Training Range and special use airspace withdrawn for military uses create unique management circumstances for the covered wilderness study areas in this title, such use would not impair the suitability of such areas for designation by Congress as wilderness in the future, and it is not the intent of Congress that passage of this title shall be construed as establishing a precedent with respect to any future national conservation area or wilderness designation.
Show 11 more inserted paragraphsShow less
Inserted: (4) Continued access to the special use airspace and lands that comprise the Utah Test and Training Range, under the terms and conditions described in this section, is a national security priority and is not incompatible with the protection and proper management of the natural, environmental, cultural, and other resources of such lands.
Inserted: (b) Overflights.--Nothing in this title or the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) shall preclude the military from conducting low-level overflights and operations of military aircraft, helicopters, missiles, or unmanned aerial vehicles over the covered wilderness study areas, including military overflights and operations that can be seen or heard within the covered wilderness study areas.
Inserted: (c) Special Use Airspace and Training Routes.--Nothing in this title or the Federal Land Policy and Management Act of 1976 shall preclude the designation of new units of special use airspace, the expansion of existing units of special use airspace, or the use or establishment of military training routes over the covered wilderness study areas.
Inserted: (d) Communications and Tracking Systems.--Nothing in this title shall prevent any required maintenance of existing communications, instrumentation, or electronic tracking systems (or infrastructure supporting such systems) or prevent the installation of new communication, instrumentation, or other equipment necessary for effective testing and training to meet military requirements in the covered wilderness study areas, so long as the Secretary of the Interior, after consultation with the Secretary of the Air Force, determines that the installation and maintenance of such systems complies with section 603 of the Federal Land Policy and Management Act of 1976.
Inserted: (e) Emergency Access and Response.--Nothing in this title or the Federal Land Policy and Management Act of 1976 shall preclude the continuation of the memorandum of understanding in existence as of the date of the enactment of this Act between the Department of the Interior and the Department of the Air Force with respect to emergency access and response.
Inserted: (f) Prohibition on Ground Military Operations.--Except as provided in subsections (d) and (e), nothing in this section shall be construed to permit a military operation to be conducted on the ground in a covered wilderness study area in the Utah Test and Training Range unless such ground operation is otherwise authorized under Federal law and consistent with the Federal Land Policy and Management Act of 1976.
Inserted: SEC. 2904. PLANNING PROCESS FOR FEDERAL LANDS IN UTAH TEST AND TRAINING RANGE.
Inserted: The Secretary of the Interior shall develop, maintain, and revise land use plans pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S. C. 1712) for Federal lands located in the Utah Test and Training Range in consultation with the Secretary of Defense. As part of the required consultation in connection with a proposed revision of a land use plan, the Secretary of Defense shall prepare and transmit to the Secretary of the Interior an analysis of the military readiness and operational impacts of the proposed revision within six months of a request from the Secretary of Interior.
Inserted: SEC. 2905. RELATION TO OTHER LANDS AND LAWS.
Inserted: (a) Other Lands.--Nothing in this title shall be construed to affect any Federal lands located outside of the covered wilderness study areas or the management of such lands.
Inserted: (b) Conforming Repeal.--Section 2815 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852) is amended by striking subsection (d).
Original wording
At the end of division B, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3373. Mr. BENNETT (for himself and Mr. Hatch) submitted an amendment intended to be proposed by him to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; which was ordered to lie on the table; as follows:
At the end of division B, add the following:
TITLE XXIX--UTAH TEST AND TRAINING RANGE
SEC. 2901. SHORT TITLE.
This title may be cited as the “Utah Test and Training Range Protection Act”.
SEC. 2902. DEFINITIONS.
In this title:
(1) The term “covered wilderness study areas” means the wilderness study areas located near lands withdrawn for military use and beneath special use airspace critical to the support of military test and training missions at the Utah Test and Training Range, including the Deep Creek, Fish Springs, Swasey Mountain, Howell Peak, Notch Peak, King Top, Wah Wah Mountain, and Conger Mountain units identified by the Department of the Interior pursuant to section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782).
(2) The term “Utah Test and Training Range” means those portions of the military operating area of the Utah Test and Training Area located solely in the State of Utah. The term includes the Dugway Proving Ground.
SEC. 2903. MILITARY OPERATIONS AND OVERFLIGHTS, UTAH TEST AND TRAINING RANGE.
(a) Findings.--Congress makes the following findings:
(1) The testing and development of military weapons systems and the training of military forces are critical to ensuring the national security of the United States.
(2) The Utah Test and Training Range in the State of Utah is a unique and irreplaceable national asset at the core of the test and training mission of the Department of Defense.
(3) The Utah Test and Training Range and special use airspace withdrawn for military uses create unique management circumstances for the covered wilderness study areas in this title, such use would not impair the suitability of such areas for designation by Congress as wilderness in the future, and it is not the intent of Congress that passage of this title shall be construed as establishing a precedent with respect to any future national conservation area or wilderness designation.
(4) Continued access to the special use airspace and lands that comprise the Utah Test and Training Range, under the terms and conditions described in this section, is a national security priority and is not incompatible with the protection and proper management of the natural, environmental, cultural, and other resources of such lands.
(b) Overflights.--Nothing in this title or the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) shall preclude the military from conducting low-level overflights and operations of military aircraft, helicopters, missiles, or unmanned aerial vehicles over the covered wilderness study areas, including military overflights and operations that can be seen or heard within the covered wilderness study areas.
(c) Special Use Airspace and Training Routes.--Nothing in this title or the Federal Land Policy and Management Act of 1976 shall preclude the designation of new units of special use airspace, the expansion of existing units of special use airspace, or the use or establishment of military training routes over the covered wilderness study areas.
(d) Communications and Tracking Systems.--Nothing in this title shall prevent any required maintenance of existing communications, instrumentation, or electronic tracking systems (or infrastructure supporting such systems) or prevent the installation of new communication, instrumentation, or other equipment necessary for effective testing and training to meet military requirements in the covered wilderness study areas, so long as the Secretary of the Interior, after consultation with the Secretary of the Air Force, determines that the installation and maintenance of such systems complies with section 603 of the Federal Land Policy and Management Act of 1976.
(e) Emergency Access and Response.--Nothing in this title or the Federal Land Policy and Management Act of 1976 shall preclude the continuation of the memorandum of understanding in existence as of the date of the enactment of this Act between the Department of the Interior and the Department of the Air Force with respect to emergency access and response.
(f) Prohibition on Ground Military Operations.--Except as provided in subsections (d) and (e), nothing in this section shall be construed to permit a military operation to be conducted on the ground in a covered wilderness study area in the Utah Test and Training Range unless such ground operation is otherwise authorized under Federal law and consistent with the Federal Land Policy and Management Act of 1976.
SEC. 2904. PLANNING PROCESS FOR FEDERAL LANDS IN UTAH TEST AND TRAINING RANGE.
The Secretary of the Interior shall develop, maintain, and revise land use plans pursuant to section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S. C. 1712) for Federal lands located in the Utah Test and Training Range in consultation with the Secretary of Defense. As part of the required consultation in connection with a proposed revision of a land use plan, the Secretary of Defense shall prepare and transmit to the Secretary of the Interior an analysis of the military readiness and operational impacts of the proposed revision within six months of a request from the Secretary of Interior.
SEC. 2905. RELATION TO OTHER LANDS AND LAWS.
(a) Other Lands.--Nothing in this title shall be construed to affect any Federal lands located outside of the covered wilderness study areas or the management of such lands.
(b) Conforming Repeal.--Section 2815 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65; 113 Stat. 852) is amended by striking subsection (d).
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Senate amendment agreed to: Amendment SA 3373 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S7271)
June 23, 2004
View full timeline
Senate amendment agreed to: Amendment SA 3373 as modified agreed to in Senate by Unanimous Consent.(text as modified: CR S7271)
June 23, 2004
Considered by Senate. (consideration: CR S7204, S7270-7274)
June 23, 2004
Amendment SA 3373 as modified agreed to in Senate by Unanimous Consent. (text as modified: CR S7271)
June 23, 2004
Senate amendment proposed (on the floor): Amendment SA 3373 proposed by Senator Warner for Senator Bennett.(consideration: CR S7152-7160)
June 22, 2004
Amendment SA 3373 proposed by Senator Warner for Senator Bennett. (consideration: CR S7152-7160) To require a report on encroachment issues affecting Utah Test and Training Range, Utah.
June 22, 2004
Senate amendment submitted
June 7, 2004