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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1134 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1134

 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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1993

  Mr. Skaggs introduced the following bill; which was referred to the 
                     Committee on Natural Resources

_______________________________________________________________________

                                 A BILL

 
 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clear Creek County, Colorado, Public 
Lands Transfer Act of 1993''.

SEC. 2. TRANSFER OF PUBLIC LANDS.

    The Secretary of the Interior (hereinafter in this Act referred to 
as the ``Secretary'') shall transfer in accordance with this Act the 
approximately 14,000 acres of public lands generally depicted on a map 
entitled ``Clear Creek County, Colorado, Public Lands Transfer--
Proposed'', and dated September 1991, to the Secretary of Agriculture, 
the State of Colorado, and certain political subdivisions of the State 
of Colorado, as indicated in sections 3, 4, and 5. Conveyances made 
pursuant to this Act shall be made without conducting new surveys.

SEC. 3. LAND TRANSFER TO FOREST SERVICE.

    (a) Transfer.--Subject to valid existing rights, administrative 
jurisdiction to the approximately 3,500 acres of the public lands 
described as ``Part I Lands'' on the map referred to in section 2 is 
hereby transferred to the Secretary of Agriculture. Such lands are 
added to and shall be administered as part of the Arapaho National 
Forest in accordance with the laws and regulations pertaining to the 
National Forest System and the Arapaho National Forest.
    (b) Administrative Provisions.--(1) For the purpose of section 7 of 
the Land and Water Conservation Fund Act of 1965 (78 Stat. 903, as 
amended; 16 U.S.C. 4601-9) the boundaries of the Arapaho National 
Forest as modified by this section shall be treated as if they were the 
boundaries of such forest on January 1, 1965.
    (2) Nothing in this section shall affect valid existing rights, or 
interests in existing land use authorizations, except that any such 
right or authorization shall be administered by the Forest Service in 
accordance with this section and other applicable laws. Reissuance of 
any such authorization shall be in accordance with laws applicable to 
the National Forest System and regulations of the Secretary of 
Agriculture, except that the change in administrative jurisdiction 
shall not constitute in itself a ground to deny renewal or reissuance 
of any such authorization.

SEC. 4. LAND TRANSFERS TO STATE OF COLORADO AND TO CLEAR CREEK COUNTY 
              AND TOWNS OF SILVER PLUME AND GEORGETOWN, COLORADO.

    (a) Transfer.--Subject to section 6 and valid existing rights, the 
Secretary shall transfer, without consideration, all right, title, and 
interest, both surface and subsurface, of the United States in and to 
the approximately 3,200 acres of public lands described as ``Part II 
Lands'' on the map referred to in section 2, excluding any such lands 
within the corporate boundaries of the towns of Georgetown or Silver 
Plume, Colorado, as of January 1, 1993, as follows:
            (1) Approximately 500 acres of such lands to the town of 
        Silver Plume, Colorado, as so indicated on such map.
            (2) Approximately 800 acres of such lands to the town of 
        Georgetown, Colorado, as so indicated on such map.
            (3) Approximately 600 acres of such lands to the County of 
        Clear Creek, Colorado, as so indicated on such map.
            (4) Approximately 1,300 acres of such lands to the State of 
        Colorado, as so indicated on such map.
    (b) Management and Reversion.--
            (1) The lands transferred under this section shall be 
        managed in accordance with the cooperative management agreement 
        among the Colorado Division of Wildlife, the Colorado State 
        Historical Society, the town of Silver Plume, the town of 
        Georgetown, and the County of Clear Creek, which is dated 
        January 1989; the stipulations related to the preservation of 
        artifacts contained in the Bureau of Land Management's cultural 
        resource survey pertaining to such lands; and the terms of the 
        applications filed with the Secretary for the disposal of such 
        lands under the Act of June 14, 1926 (43 U.S.C. 869 et seq.; 
        hereafter in this title referred to as the ``Recreation and 
        Public Purposes Act''), except that other uses of the lands may 
        be made with the approval of the Secretary.
            (2)(A) Title to lands conveyed by the Secretary under this 
        section may not be transferred by the grantee or its successor 
        except, with the consent of the Secretary, to a transferee 
        which would be a qualified grantee under section 2(a) or (c) of 
        the Recreation and Public Purposes Act (43 U.S.C. 869-1(a), 
        (c)).
            (B) The provisions of paragraph (3) of this subsection 
        shall apply if at any time after such conveyance--
                    (i) the grantee or its successor attempts to 
                transfer to any other party title to or control over 
                any portion of the lands conveyed to such grantee under 
                this section, except as provided in subparagraph (A), 
                or
                    (ii) such lands or any portion thereof are devoted 
                to a use inconsistent with this subsection.
            (3) In case of occurrence of an event described in 
        paragraph (2)(B) of this subsection, the grantee of the 
        relevant lands shall be liable to pay to the Secretary of the 
        Interior, on behalf of the United States, the fair market value 
        of all lands conveyed to such grantee under this section, 
        together with any improvements thereon, as of the date of such 
        occurrence. All sums paid to the Secretary of the Interior 
        under this paragraph shall be retained by the Secretary and 
        subject to appropriation, used for management of the public 
        lands pursuant to the Federal Land Policy and Management Act of 
        1976.

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

    (a) In General.--Subject to subsection (b), section 6, and valid 
existing rights, the Secretary shall transfer, without consideration, 
all right, title, and interest, both surface and subsurface, of the 
United States in and to the approximately 7,300 acres of public lands 
described as ``Parts III Lands'' on the map referred to in section 202, 
along with any public lands on that map within the corporate boundaries 
of the towns of Georgetown or Silver Plume, Colorado as of January 1, 
1993 to Clear Creek County, Colorado (hereinafter in this section 
referred to as the ``County'').
    (b) Terms and Conditions.--The lands referred to in subsection (a) 
may not be transferred to the County until--
            (1) it is shown to the satisfaction of the Secretary that 
        the county has adopted comprehensive land use plans and zoning 
        regulations applicable to the area in which the lands are 
        located;
            (2) the Secretary finds that such plans and regulations are 
        consistent with proper management of any adjacent lands owned 
        by the United States; and
            (3) the Secretary and the County have reached an agreement 
        as to what activities must be undertaken by the County in order 
        to facilitate sale of any portion of such lands and in which 
        the County commits to pay to the United States one-half of the 
        net monetary compensation received by the County (after 
        allowing for the reasonable costs to the County of such 
        activities) from the sale of any such lands and to use one-half 
        of such net compensation solely for--
                    (A) acquisition or maintenance of parks;
                    (B) acquisition or maintenance of open space;
                    (C) historical preservation;
                    (D) historical interpretation; or
                    (E) environmental education.

SEC. 6. MINERALS.

    (a) Withdrawal From Mining Entry.--Subject to valid existing 
rights, the public lands referred to in sections 4 and 5 are hereby 
withdrawn from all forms of entry under the general mining laws and 
mineral leasing laws of the United States and shall not be--
            (1) open to the location of mining and mill site claims 
        under the general mining laws of the United States;
            (2) subject to any lease under the Mineral Leasing Act (30 
        U.S.C. 181 and following) or the Geothermal Steam Act of 1970 
        (30 U.S.C. 100 and following); or
            (3) available for disposal of mineral materials under the 
        Act of July 31, 1947, commonly know as the Materials Act of 
        1947 (30 U.S.C. 601 and following).
    (b) Valid Existing Rights.--As used in this section, the term 
``valid existing rights'' in reference to the general mining laws means 
that a mining claim was properly located and maintained under the 
general mining laws prior to the date of enactment of this Act, was 
supported by a discovery of a valuable mineral deposit within the 
meaning of the general mining law on the date of enactment of this Act, 
and that such claim continues to be valid.
    (c) Limitation on Patent Issuance.--
            (1)(A) After the date of enactment of this Act, no patent 
        shall be issued by the United States for any mining claim 
        located under the general mining laws within the public lands 
        referred to in sections 4 and 5 unless the Secretary determines 
        that, for the claim concerned--
                    (i) a patent application was filed with the 
                Secretary on or before such date; and
                    (ii) all requirements established under sections 
                2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 
                30) for vein or lode claims and sections 2329, 2330, 
                2331, and 2333 of the Revised Statutes (30 U.S.C. 35, 
                36, 37) for placer claims were fully complied with by 
                that date.
            (B) If the Secretary makes the determinations referred to 
        in subparagraph (A) for any mining claim, the holder of the 
        claim shall be entitled to the issuance of a patent in the same 
        manner and degree to which such claim holder would have been 
        entitled to prior to the enactment of this Act, unless and 
        until such determinations are withdrawn or invalidated by the 
        Secretary or by a court of the United States.
            (2)(A) After the date of enactment of this Act, no patent 
        shall be issued by the United States for any mill site claim 
        located under the general mining laws within the public lands 
        referred to in sections 4 and 5 unless the Secretary determines 
        that, for the claim concerned--
                    (i) a patent application was filed with the 
                Secretary on or before such date; and
                    (ii) all requirements applicable to such patent 
                application were fully complied with by that date.
            (B) If the Secretary makes the determinations referred to 
        in subparagraph (A) for any mill site claim, the holder of the 
        claim shall be entitled to the issuance of a patent in the same 
        manner and degree to which such claim holder would have been 
        entitled to prior to the enactment of this Act, unless and 
        until such determinations are withdrawn or invalidated by the 
        Secretary or by a court of the United States.

SEC. 7. MISCELLANEOUS PROVISIONS.

    (a) Inspections.--Notwithstanding any other provision of law, 
neither the Secretary nor any other officer or agent of the United 
States shall be required to inspect any of the public lands described 
in this title or to inform Clear Creek County or any member of the 
public regarding the condition of such lands with regard to the 
presence or absence of any hazardous substances or otherwise.
    (b) Liability.--Notwithstanding any other provision of law, the 
United States shall have no responsibility or liability with respect to 
any hazardous wastes or other substances placed on any of the lands 
covered by this title after their transfer to the ownership of another 
party, but nothing in this title shall be construed as either 
diminishing or increasing any responsibility or liability of the United 
States based on the condition of such lands on the date of enactment of 
this Act.

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