II 

109TH CONGRESS 

1ST SESSION S. 320 

To require the Secretary of the Army to carry out a pilot project on compatible use buffers on real property bordering Fort Carson, Colorado, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2005 

Mr. ALLARD introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To require the Secretary of the Army to carry out a pilot 

project on compatible use buffers on real property bordering Fort Carson, Colorado, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fort Carson Conserva5 tion Act of 2005’’. 
2 

•S 320 IS 

1 SEC. 2. PILOT PROJECT ON COMPATIBLE USE BUFFERS ON 

2 REAL PROPERTY BORDERING FORT CARSON, 

3 COLORADO. 

4 (a) IN GENERAL.—The Secretary of the Army shall 

5 carry out a pilot project at Fort Carson, Colorado, for pur6 poses of evaluating the feasibility and effectiveness of uti7 lizing conservation easements and leases granted by one 

8 or more willing sources to limit development and preserve 

9 habitat on real property in the vicinity of or ecologically 

10 related to military installations in the United States. 

11 (b) PROCEDURES.— 

12 (1) PHASES.—The Secretary shall carry out the 

13 pilot project in four phases, as specified in the Fort 

14 Carson Army Compatible Use Buffer Project. 

15 (2) LEASE AND EASEMENT AGREEMENTS.— 

16 Under the pilot project, the Secretary shall enter 

17 into agreements with one or more eligible entities 

18 who are willing to do so to purchase from the entity 

19 or entities one or more conservation easements, or to 

20 lease from the entity or entities one or more con21 servation leases, on real property in the vicinity of 

22 or ecologically related to Fort Carson for the pur23 poses of— 

24 (A) limiting any development or use of the 

25 property that would be incompatible with the 
3 

•S 320 IS 

1 current and anticipated future missions of Fort 

2 Carson; or 

3 (B) preserving habitat on the property in 

4 a manner that— 

5 (i) is compatible with environmental 

6 requirements; and 

7 (ii) may eliminate or reduce current 

8 or anticipated environmental restrictions 

9 that would or might otherwise restrict, im10 pede, or otherwise interfere, whether di11 rectly or indirectly, with current or antici12 pated military training, testing, or oper13 ations on Fort Carson. 

14 (3) ENCROACHMENTS AND OTHER CON15 STRAINTS ON USE.—In entering into agreements 

16 under the pilot project, the Secretary may, subject 

17 to the provisions of this section, utilize the authority 

18 for agreements under this subsection to limit en19 croachments and other constraints on military train20 ing, testing, and operations under section 2684a of 

21 title 10, United States Code. 

22 (4) RELATIONSHIP TO CURRENT USE PLAN.— 

23 Any agreement entered into under the pilot project 

24 shall be compatible with the Fort Carson Army 

25 Compatible Use Buffer Project. 
4 

•S 320 IS 

1 (c) EXPIRATION.—The authority of the Secretary to 

2 enter into agreements under the pilot project shall expire 

3 on the earlier of— 

4 (1) the date of the completion of phase IV of 

5 the Fort Carson Army Compatible Use Buffer 

6 Project; or 

7 (2) the date that is five years after the date of 

8 the enactment of this Act. 

9 (d) DEFINITIONS.—In this section: 

10 (1) The term ‘‘Fort Carson Army Compatible 

11 Use Buffer Project’’ means the Fort Carson Army 

12 Compatible Use Buffer Project, a plan to use con13 servation easements and leases on property in the vi14 cinity of or ecologically related to Fort Carson to 

15 create a land buffer to accommodate current and fu16 ture missions at Fort Carson while conserving sen17 sitive natural resources. 

18 (2) The term ‘‘eligible entity’’ means any of the 

19 following: 

20 (A) A State or political subdivision of a 

21 State. 

22 (B) A private entity that has as its stated 

23 principal organizational purpose or goal the 

24 conservation, restoration, or preservation of 
5 

•S 320 IS 

1 land and natural resources, or a similar purpose 

2 or goal, as determined by the Secretary. 

3 (e) FUNDING.— 

4 (1) AUTHORIZATION OF APPROPRIATIONS.— 

5 Funds are hereby authorized to be appropriated to 

6 the Department of Defense for fiscal year 2006 for 

7 the Department of Defense, for expenses not other8 wise provided for, for operation and maintenance for 

9 Defense-wide activities in the amount of 

10 $30,000,000, to be available for the pilot project. 

11 (2) AVAILABILITY WITHOUT FISCAL YEAR LIMI12 TATION.—Funds authorized to be appropriated by 

13 paragraph (1) shall be available without fiscal year 

14 limitation. 

Æ