II 

113TH CONGRESS 

1ST SESSION S. 651 

To provide for the withdrawal and protection of certain Federal land in 

the State of Colorado, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2013 

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

to the Committee on Energy and Natural Resources 

A BILL 

To provide for the withdrawal and protection of certain Federal land in the State of 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 ‘‘Thompson Divide 

5 Withdrawal and Protection Act of 2013’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) the Thompson Divide in western Colorado is 

9 an area comprised of Federal and non-Federal land 

10 that provides important watershed, scenic, recreaVerDate Mar 15 2010 15:57 Mar 29, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S651.IS S651

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1 tional, wildlife, and other benefits to the general 

2 public and local communities; 

3 (2) the Thompson Divide provides rural char4 acter, a robust agriculture-based economy, and out5 standing recreational and sporting opportunities to 

6 many surrounding communities; and 

7 (3) the Thompson Divide provides important 

8 spring and summer grazing land for historical 

9 ranching operations. 

10 (b) PURPOSES.—The purposes of this Act are— 

11 (1) subject to valid existing rights, to withdraw 

12 certain Federal land and mineral rights in the 

13 Thompson Divide Withdrawal and Protection Area 

14 from— 

15 (A) disposition under the mineral and geo16 thermal leasing laws of the United States; 

17 (B) location, patent, and entry under min18 ing laws of the United States; and 

19 (C) all forms of appropriation or disposal 

20 under the public land laws; and 

21 (2) to allow for the retirement, purchase, dona22 tion, voluntary exchange, or other acquisition of 

23 mineral and other interests in land from willing sell24 ers within the Thompson Divide Withdrawal and 

25 Protection Area. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) MAP.—The term ‘‘map’’ means the map en4 titled ‘‘Thompson Creek Divide Proposed With5 drawal’’ and dated May 31, 2012. 

6 (2) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Interior. 

8 (3) THOMPSON DIVIDE WITHDRAWAL AND PRO9 TECTION AREA.—The term ‘‘Thompson Divide With10 drawal and Protection Area’’ means the Federal 

11 land consisting of the approximately 183,000 acres 

12 depicted on the map as ‘‘Thompson Creek Divide 

13 Proposed Withdrawal’’. 

14 SEC. 4. THOMPSON DIVIDE WITHDRAWAL AND PROTEC15 TION AREA. 

16 (a) IN GENERAL.—Subject to valid existing rights, 

17 the Thompson Divide Withdrawal and Protection Area is 

18 withdrawn from all forms of— 

19 (1) entry, appropriation, and disposal under the 

20 public land laws; 

21 (2) location, entry, and patent under mining 

22 laws; and 

23 (3) operation of the mineral leasing, mineral 

24 materials, and geothermal leasing laws. 

25 (b) SURVEYS.—The exact acreage and legal descrip26 tion of the Thompson Divide Withdrawal and Protection 


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1 Area shall be determined by surveys approved by the Sec2 retary, in consultation with the Secretary of Agriculture. 

3 (c) ACQUISITION OF MINERAL RIGHTS.— 

4 (1) NOTIFICATION.— 

5 (A) IN GENERAL.—Not later than 180 

6 days after the date of enactment of this Act, 

7 the Secretary, in consultation with the Sec8 retary of Agriculture, shall provide written no9 tice to holders of valid existing mineral leases 

10 or other mineral interests within the Thompson 

11 Divide Withdrawal and Protection Area of the 

12 potential opportunity for donation, voluntary 

13 exchange, or other relinquishment of those 

14 rights for retirement under this Act. 

15 (B) NOTIFICATION TO SECRETARY.—On 

16 receipt of the notification under subparagraph 

17 (A), a holder of a valid mineral lease or other 

18 mineral interest within the Thompson Divide 

19 Withdrawal and Protection Area may submit a 

20 written notice to the Secretary of the interest of 

21 the holder in the retirement or other convey22 ance of that right for withdrawal and protection 

23 purposes. 

24 (C) LIST OF INTERESTED HOLDERS.—The 

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1 ers under subparagraph (A) and make the list 

2 available to— 

3 (i) the Secretary of Agriculture; 

4 (ii) any non-Federal nonprofit organi5 zation described in section 170(h) of the 

6 Internal Revenue Code of 1986; or 

7 (iii) any person interested in acquiring 

8 a right for retirement under this Act. 

9 (2) WITHDRAWAL AND RETIREMENT.—If any 

10 mineral lease or other mineral interest is relin11 quished, donated to, exchanged, or otherwise ac12 quired by the United States wholly or partially with13 in the Thompson Divide Withdrawal and Protection 

14 Area under this Act or under the authority of the 

15 Secretary or the Secretary of Agriculture, respec16 tively the land shall, without further action by the 

17 Secretary concerned, be automatically withdrawn 

18 from all forms of— 

19 (A) entry, appropriation, and disposal 

20 under the public land laws; 

21 (B) location, entry, and patent under min22 ing laws; and 

23 (C) operation of the mineral leasing, min24 eral materials, and geothermal leasing laws. 


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1 (3) PROHIBITION.—The Secretary and the Sec2 retary of Agriculture shall not use Federal funds to 

3 repurchase any valid Federal mineral lease or other 

4 mineral interest within the Thompson Divide With5 drawal and Protection Area. 

6 (4) APPLICABILITY.— 

7 (A) EXISTING RIGHTS.—Nothing in this 

8 Act expands, diminishes, impairs, or otherwise 

9 affects any valid existing mineral leases, min10 eral interest, or other private property rights 

11 wholly or partially within the Thompson Divide 

12 Withdrawal and Protection Area, including ac13 cess to the leases, rights, or land in accordance 

14 with applicable Federal, State, and local laws 

15 (including regulations). 

16 (B) PRIOR LEASE SALES.—Nothing in this 

17 Act prohibits the Secretary from taking any ac18 tion necessary to issue, deny, remove the sus19 pension of, or cancel a lease or any sold lease 

20 parcel that has not been issued pursuant to any 

21 lease sale carried out prior to the date of enact22 ment of this Act, including the completion of 

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1 mental Policy Act of 1969 (42 U.S.C. 4321 et 

2 seq.). 

Æ 


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