Calendar No. 372

103D CONGRESS

2D SESSION H. R. 1134

[Report No. 103–228]

AN ACT

To provide for the transfer of certain public lands

F

of Colorado, and for other purposes.rado, and certain local governments in the StateUnited States Forest Service, the State of Cololocated in Clear Creek County, Colorado, to the

EBRUARY 23 (legislative day, FEBRUARY 22), 1994

Reported with amendments and an amendment to the

title
II

Calendar No. 372

103D CONGRESS

2D SESSION H. R. 1134

[Report No. 103–228]

IN THE SENATE OF THE UNITED STATES

JUNE 22, 1993

Received; read twice and referred to the Committee on Energy and Natural

Resources

FEBRUARY 23 (legislative day, FEBRUARY 22), 1994

Reported by Mr. JOHNSTON, with amendments and an amendment to the title

[Omit the part struck through and insert the part printed in italic]

AN ACT

To provide for the transfer of certain public lands located

in Clear Creek County, Colorado, to the United States

Forest Service, the State of Colorado, and certain local

governments 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 ‘‘Clear Creek County,

5 Colorado, Public Lands Transfer Act of 1993’’.
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1 SEC. 2. TRANSFER OF PUBLIC LANDS.

2 The Secretary of the Interior (hereinafter in this Act

3 referred to as the ‘‘Secretary’’) shall transfer in accord4 ance with this Act the approximately 14,000 acres of pub5 lic lands generally depicted on a map entitled ‘‘Clear Creek

6 County, Colorado, Public Lands Transfer—Proposed’’,

7 and dated May 1993, to the Secretary of Agriculture, the

8 State of Colorado, and certain political subdivisions of the

9 State of Colorado, as indicated in sections 3, 4, and 5.

10 Conveyances made pursuant to this Act shall be made

11 without conducting new surveys.

12 SEC. 3. LAND TRANSFER TO FOREST SERVICE.

13 (a) TRANSFER.—Subject to valid existing rights, ad14 ministrative jurisdiction to the approximately 3,400 acres

15 of the public lands described as ‘‘Part I Lands’’ on the

16 map referred to in section 2 is hereby transferred to the

17 Secretary of Agriculture. Such lands are added to and

18 shall be administered as part of the Arapaho National

19 Forest in accordance with the laws and regulations per20 taining to the National Forest System and the Arapaho

21 National Forest.

22 (b) ADMINISTRATIVE PROVISIONS.—(1) (1) The

23 boundaries of the Arapaho National Forest are hereby

24 modified as shown on the map referred to in section 2. For

25 the purpose of section 7 of the Land and Water Conserva26 tion Fund Act of 1965 (78 Stat. 903, as amended; 16
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1 U.S.C. 4601–9) the boundaries of the Arapaho National

2 Forest as modified by this section shall be treated as if

3 they were the boundaries of such forest on January 1,

4 1965.

5 (2) Nothing in this section shall affect valid existing

6 rights, or interests in existing land use authorizations, ex7 cept that any such right or authorization shall be adminis8 tered by the Forest Service in accordance with this section

9 and other applicable laws. Reissuance of any such author10 ization shall be in accordance with laws applicable to the

11 National Forest System and regulations of the Secretary

12 of Agriculture, except that the change in administrative

13 jurisdiction shall not constitute in itself a ground to deny

14 renewal or reissuance of any such authorization.

15 SEC. 4. LAND TRANSFERS TO STATE OF COLORADO AND TO

16 CLEAR CREEK COUNTY AND TOWNS OF SIL17 VER PLUME AND GEORGETOWN, COLORADO.

18 (a) TRANSFER.—Subject to section 6 and valid exist19 ing rights, the Secretary shall transfer, without consider20 ation, all right, title, and interest, both surface and sub21 surface, of the United States in and to the approximately

22 3,200 acres of public lands described as ‘‘Part II Lands’’

23 on the map referred to in section 2, excluding any such

24 lands within the corporate boundaries of the towns of
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1 Georgetown or Silver Plume, Colorado, as of January 1,

2 1993, as follows:

3 (1) Approximately 600 acres of such lands to

4 the town of Silver Plume, Colorado, as so indicated

5 on such map.

6 (2) Approximately 800 acres of such lands to

7 the town of Georgetown, Colorado, as so indicated

8 on such map.

9 (3) Approximately 600 acres of such lands to

10 the County of Clear Creek, Colorado, as so indicated

11 on such map.

12 (4) Approximately 1,200 acres of such lands to

13 the State of Colorado, as so indicated on such map.

14 (b) MANAGEMENT AND REVERSION.—

15 (1) The lands transferred under this section

16 shall be managed in accordance with the cooperative

17 management agreement among the Colorado Divi18 sion of Wildlife, the Colorado State Historical Soci19 ety, the town of Silver Plume, the town of George20 town, and the County of Clear Creek, which is dated

21 January 1989; the stipulations related to the preser22 vation of artifacts contained in the Bureau of Land

23 Management’s cultural resource survey pertaining to

24 such lands; and the terms of the applications filed

25 with the Secretary for the disposal of such lands
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1 under the Act of June 14, 1926 (43 U.S.C. 869 et

2 seq.; hereafter in this Act referred to as the ‘‘Recre3 ation and Public Purposes Act’’), except that other

4 uses of the lands may be made with the approval of

5 the Secretary.

6 (2)(A) Title to lands conveyed by the Secretary

7 under this section may not be transferred by the

8 grantee or its successor except, with the consent of

9 the Secretary, to a transferee which would be a

10 qualified grantee under section 2(a) or (c) of the

11 Recreation and Public Purposes Act (43 U.S.C.

12 869–1(a), (c)).

13 (B) The provisions of paragraph (3) of this

14 subsection shall apply if at any time after such con15 veyance—

16 (i) the grantee or its successor attempts to

17 transfer to any other party title to or control

18 over any portion of the lands conveyed to such

19 grantee under this section, except as provided

20 in subparagraph (A), or

21 (ii) such lands or any portion thereof are

22 devoted to a use inconsistent with this sub23 section.

24 (3) In case of occurrence of an event described

25 in paragraph (2)(B) of this subsection, the grantee
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1 of the relevant lands shall be liable to pay to the

2 Secretary of the Interior, on behalf of the United

3 States, the fair market value of all lands conveyed

4 to such grantee under this section, together with any

5 improvements thereon, as of the date of such occur6 rence. All sums paid to the Secretary of the Interior

7 under this paragraph shall be retained by the Sec8 retary and subject to appropriation, used for man9 agement of the public lands pursuant to the Federal

10 Land Policy and Management Act of 1976.

11 SEC. 5. LAND TRANSFER TO CLEAR CREEK COUNTY,

12 COLORADO.

13 (a) IN GENERAL.—Subject to subsection (b), section

14 6, and valid existing rights, the Secretary shall transfer,

15 without consideration, all right, title, and interest, both

16 surface and subsurface, of the United States in and to

17 the approximately 7,400 acres of public lands described

18 as ‘‘Parts III Lands’’ on the map referred to in section

19 202, section 2, along with any public lands on that map

20 within the corporate boundaries of the towns of George21 town or Silver Plume, Colorado as of January 1, 1993

22 to Clear Creek County, Colorado (hereinafter in this sec23 tion referred to as the ‘‘County’’).
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1 (b) TERMS AND CONDITIONS.—The lands referred to

2 in subsection (a) may not be transferred to the County

3 until—

4 (1) it is shown to the satisfaction of the Sec5 retary that the county has adopted comprehensive

6 land use plans and zoning regulations applicable to

7 the area in which the lands are located;

8 (2) the Secretary finds that such plans and reg9 ulations are consistent with proper management of

10 any adjacent lands owned by the United States; and

11 (3)(A) the Secretary and the County have

12 reached an agreement—

13 (i) concerning the steps, including but not

14 limited to the use of appraisals (and the meth15 odology thereof) and the use of competitive bids

16 or other sales methods, that the County will

17 take to ensure that so far as possible any sales

18 of the lands by the County will be for fair mar19 ket value; and

20 (ii) under which the County will provide

21 the Secretary with an annual accounting of all

22 receipts and expenditures with regard to such

23 lands after their transfer to the County, and

24 that on the date that is 10 years after the date

25 of enactment of this Act, or at such earlier date
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1 as the County may elect, the County will pay to

2 the United States an amount the Secretary de3 termines to be equal to the County’s total net

4 receipts from the sale of some or all of such

5 lands;

6 and, in addition,

7 (B) the Secretary has also agreed that in deter8 mining the amounts to be paid by the County pursu9 ant to this paragraph, the Secretary will allow the

10 County to deduct from the gross receipts from the

11 sale of the lands all ordinary and necessary costs in12 curred by the County, including—

13 (i) expenses for necessary surveying, map14 ping, and other site characterization, and ap15 praisals;

16 (ii) historical preservation and environ17 mental protection; and

18 (iii) reasonable overhead, including staffing

19 and administrative costs.

20 (c) UNSOLD LANDS.—(1) The County may transfer

21 some or all of the lands referred to in subsection (a) to

22 an entity that would be a qualified grantee under section

23 2(a) or 2(c) of the Recreation and Public Purposes Act

24 (43 U.S.C. 869–1 (a), (c)). Any lands so transferred shall

25 after such transfer be held by the recipient thereof under
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1 the same terms and conditions as if transferred to such

2 recipient by the United States under such Act, Any lands

3 so transferred shall be held by the recipient thereof under

4 the same terms and conditions as if transferred by the Unit5 ed States under such Act, except that such terms and con6 ditions shall also apply to the mineral estate in such lands.

7 (2) Any of the lands referred to in subsection (a)

8 which remain in County ownership on the date 10 years

9 after the date of enactment of this Act, or regarding which

10 the County has prior to such date notified the Secretary

11 that the County intends to retain ownership, shall be re12 tained by the County under the same terms and conditions

13 as if transferred to the County on such date or on the

14 date of such notification (whichever first occurs) by the

15 United States under the Recreation and Public Purposes

16 Act, except that such terms and conditions shall also apply

17 to the mineral estate in such lands.

18 SEC. 6. MINERALS.

19 (a) WITHDRAWAL FROM MINING MINERAL ENTRY.—

20 Subject to valid existing rights, the public lands referred

21 to in sections 4 and 5 are hereby withdrawn from all forms

22 of entry under the general mining laws and mineral leas23 ing laws of the United States and shall not be—
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1 (1) open to the location of mining and mill site

2 claims under the general mining laws of the United

3 States;

4 (2) subject to any lease under the Mineral

5 Leasing Act (30 U.S.C. 181 and following) or the

6 Geothermal Steam Act of 1970 (30 U.S.C. 100 and

7 following); or

8 (3) available for disposal of mineral materials

9 under the Act of July 31, 1947, commonly know as

10 the Materials Act of 1947 (30 U.S.C. 601 and

11 following).

12 (b) VALID EXISTING RIGHTS.—As used in this sec13 tion, the term ‘‘valid existing rights’’ in reference to the

14 general mining laws means that a mining claim was prop15 erly located and maintained under the general mining laws

16 prior to the date of enactment of this Act, was supported

17 by a discovery of a valuable mineral deposit within the

18 meaning of the general mining law on the date of enact19 ment of this Act, and that such claim continues to be

20 valid.

21 (c) LIMITATION ON PATENT ISSUANCE.—

22 (1) No patent shall be issued by the United

23 States for any mining or mill site claim located

24 under the general mining laws within the public

25 lands referred to in sections 4 and 5 unless an appli-
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1 cation for such patent was filed with the Secretary

2 of the Interior on or before the date of enactment

3 of this Act and such application has been prosecuted

4 with due diligence after its filing.

5 (2) Except as provided in paragraph (1), noth6 ing in this Act shall be construed as precluding issu7 ance of a patent to the holder of any mining or mill

8 site claim if such holder would have been entitled for

9 such issuance but for enactment of this Act.

10 (b) LIMITATION ON PATENT ISSUANCE.—Subject to

11 valid existing rights, no patent shall be issued after the date

12 of enactment of this Act for any mining or mill site claim

13 located under the general mining laws within the public

14 lands referred to in sections 4 and 5.

15 SEC. 7. MISCELLANEOUS PROVISIONS.

16 (a) INSPECTIONS.—Notwithstanding any other provi17 sion of law, neither the Secretary nor any other officer

18 or agent of the United States shall be required to inspect

19 any of the public lands described in this title Act or to

20 inform Clear Creek County or any member of the public

21 regarding the condition of such lands with regard to the

22 presence or absence of any hazardous substances or other23 wise.

24 (b) LIABILITY.—Notwithstanding any other provision

25 of law, the United States shall have no responsibility or
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1 liability with respect to any hazardous wastes or other sub2 stances placed on any of the lands covered by this title

3 Act after their transfer to the ownership of another party,

4 but nothing in this title Act shall be construed as either

5 diminishing or increasing any responsibility or liability of

6 the United States based on the condition of such lands

7 on the date of enactment of this Act. of such lands on the

8 date of their transfer to the ownership of another party.

9 (c) BOUNDARIES.—The boundaries of the Arapaho

10 National Forest are hereby modified as shown on the map

11 referred to in section 2. For the purpose of section 7 of

12 the Land and Water Conservation Fund Act of 1965 (16

13 U.S.C. 460l–9), the boundaries of such National Forest,

14 as so modified, shall be considered to be the boundaries

15 of such National Forest as of January 1, 1965.

16 (d) (c) ACCOUNTING.—For purposes of the distribu17 tion of receipts, any funds paid to the United States by

18 the County pursuant to an agreement described in section

19 5(b)(3) shall be deemed to be receipts from the sale of

20 public lands, but shall be specifically accounted for in doc21 uments submitted to justify proposed appropriations for

22 the Bureau of Land Management.

Amend the title so as to read: ‘‘An Act to provide

for the transfer of certain public lands located in Clear

Creek County, Colorado, to the Forest Service, the State
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of Colorado, and certain local governments in the State

of Colorado, and for other purposes.’’.

Passed the House of Representatives June 21, 1993.

Attest: DONNALD K. ANDERSON,

Clerk.