S.Amdt. 4388

SA 4388. Mr. UDALL (for himself and Mr. Heinrich) submitted an
amendment intended to be proposed by him to the bill S. 2943, to
authorize appropriations for fiscal year 2017 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of subtitle I of title X, add the following:

SEC. 1097. USE OF FILLMORE CANYON FOR RECREATIONAL ACTIVITIES
AND MILITARY TRAINING.

(a) In General.--The Secretary of the Army (referred to in
this section as the ``Secretary'') shall allow for the
conduct of certain recreational activities on the
approximately 2,050 acres of land generally depicted as
``Parcel D'' on the map entitled ``Organ Mountains Area'' and
dated April 19, 2016 (referred to in this section as the
``parcel''), which is a portion of the public land withdrawn
and reserved for military purposes by Public Land Order 833
dated May 21, 1952 (17 Fed. Reg. 4822).
(b) Outdoor Recreation Plan.--
(1) In general.--The Secretary shall develop a plan for
public outdoor recreation on the parcel that is consistent
with the primary military mission of the parcel.
(2) Requirement.--In developing the plan under paragraph
(1), the Secretary shall ensure, to the maximum extent
practicable, that outdoor recreation activities may be
conducted on the parcel, including, hunting, hiking, wildlife
viewing, and camping.
(c) Closures.--The Secretary may close the parcel or any
portion of the parcel to the public as the Secretary
determines to be necessary to protect--
(1) public safety; or
(2) the safety of the military members training on the
parcel.
(d) Transfer of Administrative Jurisdiction; Withdrawal.--
(1) In general.--On a determination by the Secretary that
military training capabilities, personnel safety, and
installation security would not be hindered as a result of
the transfer to the Secretary of the Interior of
administrative jurisdiction over the parcel, the Secretary
shall transfer to the Secretary of the Interior
administrative jurisdiction over the parcel.
(2) Withdrawal.--On transfer of the parcel under paragraph
(1), the parcel shall be--
(A) under the jurisdiction of the Director of the Bureau of
Land Management; and
(B) withdrawn from--
(i) entry, appropriation, or disposal under the public land
laws;
(ii) location, entry, and patent under the mining laws; and
(iii) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(3) Reservation.--On transfer under paragraph (1), the
parcel shall be reserved for management of the resources of,
and military training conducted on, the parcel in accordance
with a memorandum of understanding entered into under
subsection (e).
(e) Memorandum of Understanding Relating to Military
Training.--
(1) In general.--If, after the transfer of the parcel under
subsection (d)(1), the Secretary requests that the Secretary
of the Interior enter into a memorandum of understanding, the
Secretary of the Interior shall enter into a memorandum of
understanding with the Secretary providing for the conduct of
military training on the parcel.
(2) Requirements.--The memorandum of understanding entered
into under paragraph (1) shall--
(A) address the location, frequency, and type of training
activities to be conducted on the parcel;
(B) provide to the Secretary access to the parcel for the
conduct of military training;
(C) authorize the Secretary of the Interior or the
Secretary to close the parcel or a portion of the parcel to
the public as the Secretary of the Interior or the Secretary
determines to be necessary to protect--
(i) public safety; or
(ii) the safety of the military members training; and
(D) to the maximum extent practicable, provide for the
protection of natural, historic, and cultural resources in
the area of the parcel.
(f) Military Overflights.--Nothing in this section
restricts or precludes--
(1) low-level overflights of military aircraft over the
parcel, including military overflights that can be seen or
heard within the parcel;
(2) the designation of new units of special airspace over
the parcel; or
(3) the use or establishment of military flight training
routes over the parcel.
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