Union Calendar No. 36

103D CONGRESS

1ST SESSION H. R. 194

[Report No. 103–56 Parts I and II]

A BILL

To withdraw and reserve certain public lands and

tary uses, and for other purposes.minerals within the State of Colorado for miliMAY 6, 1993

Reported from the Committee on Armed Services with an

House and ordered to be printedamendment, committed to the Committee of the Whole
IB

Union Calendar No. 36

103D CONGRESS

1ST SESSION H. R. 194

[Report No. 103–56 Parts I and II]

To withdraw and reserve certain public lands and minerals within the State

of Colorado for military uses, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. HEFLEY introduced the following bill; which was referred jointly to the

Committees on Natural Resources and Armed Services

APRIL 19, 1993

Reported from the Committee on Natural Resources with amendments

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

MAY 6, 1993

Reported from the Committee on Armed Services with an amendment,

committed to the Committee of the Whole House and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in boldface roman]

[For text of introduced bill, see copy of bill as introduced on January 5, 1993]

A BILL

To withdraw and reserve certain public lands and minerals

within the State of Colorado for military uses, 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,
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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Fort Carson-Pinon Canyon Military Lands Withdrawal

4 Act’’.

5 (b) TABLE OF CONTENTS.—The table of contents for

6 this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Withdrawal and reservation of lands at Fort Carson Military Reservation.

Sec. 3. Withdrawal and reservation of lands at Pinon Canyon Maneuver Site.

Sec. 4. Maps and legal descriptions.

Sec. 5. Management of withdrawn lands.

Sec. 6. Management of withdrawn and acquired mineral resources.

Sec. 7. Hunting, fishing, and trapping.

Sec. 8. Termination of withdrawal and reservation and effect of contamination.

Sec. 9. Delegation.

Sec. 10. Hold harmless.

Sec. 11. Amendment to military lands withdrawal act of 1986.

Sec. 12. Authorization of appropriations.

7 SEC. 2. WITHDRAWAL AND RESERVATION OF LANDS AT

8 FORT CARSON MILITARY RESERVATION.

9 (a) WITHDRAWAL.—Subject to valid existing rights

10 and except as otherwise provided in this Act, the lands

11 at the Fort Carson Military Reservation that are described

12 in subsection (c) are hereby withdrawn from all forms of

13 appropriation under the public land laws, including the

14 mining laws and the mineral and geothermal leasing laws.

15 (b) RESERVATION.—The lands withdrawn under sub16 section (a) are reserved for use by the Secretary of the

17 Army—

18 (1) for military maneuvering, training and

19 weapons firing; and
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1 (2) for other defense related purposes consist2 ent with the uses specified in paragraph (1).

3 (c) LAND DESCRIPTION.—The lands referred to in

4 subsection (a) comprise 3,133.02 acres of public land and

5 11,415.16 acres of federally-owned minerals in El Paso,

6 Pueblo, and Fremont Counties, Colorado, as generally de7 picted on the map entitled ‘‘Fort Carson Proposed With8 drawal—Fort Carson Base’’, dated February 1992, and

9 filed in accordance with section 4.

10 SEC. 3. WITHDRAWAL AND RESERVATION OF LANDS AT

11 PINON CANYON MANEUVER SITE.

12 (a) WITHDRAWAL.—Subject to valid existing rights

13 and except as otherwise provided in this Act, the lands

14 at the Pinon Canyon Maneuver Site that are described in

15 subsection (c) are hereby withdrawn from all forms of ap16 propriation under the public land laws, including the min17 ing laws and the mineral and geothermal leasing laws.

18 (b) RESERVATION.—The lands withdrawn under sub19 section (a) are reserved for use by the Secretary of the

20 Army—

21 (1) for military maneuvering and training; and

22 (2) for other defense related purposes consist23 ent with the uses specified in paragraph (1).

24 (c) LAND DESCRIPTION.—The lands referred to in

25 subsection (a) comprise 2,517.12 acres of public lands and
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1 130,139 acres of federally-owned minerals in Las Animas

2 County, Colorado, as generally depicted on the map enti3 tled ‘‘Fort Carson Proposed Withdrawal—Fort Carson

4 Maneuver Area—Pinon Canyon site’’, dated February

5 1992, and filed in accordance with section 4.

6 SEC. 4. MAPS AND LEGAL DESCRIPTIONS.

7 (a) PREPARATION.—As soon as practicable after the

8 date of enactment of this Act, the Secretary of the Interior

9 shall—

10 (1) publish in the Federal Register a notice

11 containing the legal description of the lands with12 drawn and reserved by this Act; and

13 (2) file maps and a legal description of the

14 lands withdrawn and reserved by this Act with the

15 Committee on Energy and Natural Resources of the

16 Senate and with the Committee on Interior and In17 sular Affairs of the House of Representatives.

18 (b) LEGAL EFFECT.—Such maps and legal descrip19 tions shall have the same force and effect as if they were

20 included in this Act, except that the Secretary of the Inte21 rior may correct clerical and typographical errors in such

22 maps and legal descriptions.

23 (c) LOCATION OF COPIES.—Copies of such maps and

24 legal descriptions shall be available for public inspection

25 in the offices of the Colorado State Director and the
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1 Canon City District Manager of the Bureau of Land Man2 agement, and the Commander, Fort Carson, Colorado.

3 (d) COSTS.—The Secretary of the Army shall reim4 burse the Secretary of the Interior for the costs of imple5 menting this section.

6 SEC. 5. MANAGEMENT OF WITHDRAWN LANDS.

7 (a) MANAGEMENT GUIDELINES.—(1) Except as pro8 vided in section 6, during the period of withdrawal, the

9 Secretary of the Army shall manage for military purposes

10 the lands covered by this Act and may authorize use of

11 the lands by the other military departments and agencies

12 of the Department of Defense, and the National Guard,

13 as appropriate.

14 (2) When military operations, public safety, or na15 tional security, as determined by the Secretary of the

16 Army, require the closure of roads and trails on the lands

17 withdrawn by this Act commonly in public use, the Sec18 retary of the Army is authorized to take such action, ex19 cept that such closures shall be limited to the minimum

20 areas and periods required for the purposes specified in

21 this subsection. Appropriate warning notices shall be kept

22 posted during closures.

23 (3) The Secretary of the Army shall take necessary

24 precautions to prevent and suppress brush and range fires

25 occurring within and outside the lands as a result of mili-
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1 tary activities and may seek assistance from the Bureau

2 of Land Management in suppressing such fires. The

3 memorandum of understanding required by this section

4 shall provide for Bureau of Land Management assistance

5 in the suppression of such fires, and for a transfer of

6 funds from the Department of the Army to the Bureau

7 of Land Management as compensation for such assistance.

8 (b) MANAGEMENT PLAN.—The Secretary of the

9 Army, with the concurrence of the Secretary of the Inte10 rior, shall develop a plan for the management of acquired

11 lands and lands withdrawn under sections 2 and 3 for the

12 period of withdrawal. The plan shall—

13 (1) be consistent with applicable law;

14 (2) include such provisions as may be necessary

15 for proper resource management and protection of

16 the natural, cultural, and other resources and values

17 of such lands;

18 (3) identify those withdrawn and acquired

19 lands, if any, which are to be open to mining or min20 eral and geothermal leasing, including mineral mate21 rials disposal; and

22 (4) be developed not later than 5 years after

23 the date of enactment of this Act.

24 (c) LISTING OF LANDS SUITABLE FOR MINING.—On

25 completion of the management plan prepared pursuant to
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1 subsection (b), the Secretary of the Interior shall publish

2 a notice in the Federal Register listing the lands deter3 mined under such subsection to be suitable for opening

4 to mining, and mineral and geothermal leasing, including

5 mineral materials disposal, and specifying the opening

6 date.

7 (d) IMPLEMENTATION OF MANAGEMENT PLAN.—(1)

8 The Secretary of the Army and the Secretary of the Inte9 rior shall enter into a memorandum of understanding to

10 implement the management plan described in subsection

11 (b).

12 (2) The duration of any such memorandum of under13 standing shall be the same as the period of withdrawal

14 under section 8.

15 (3) The memorandum of understanding may be

16 amended by agreement of both Secretaries.

17 (e) REEXAMINATION OF LANDS FOR SUITABILITY

18 FOR MINING.—At least every five years after the initial

19 identification of lands suitable for opening to mining re20 quired by subsection (b)(3), the Secretary of the Army and

21 the Secretary of the Interior shall determine those with22 drawn lands, if any, which the Secretaries consider suit23 able for opening to mining, mineral and geothermal leas24 ing, or mineral material disposal, and those acquired

25 lands, if any, which the Secretaries consider suitable for
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1 opening to mineral and geothermal leasing or mineral ma2 terial disposal. The Secretary of the Interior shall publish

3 a notice in the Federal Register listing the lands deter4 mined suitable for opening and specifying the opening

5 date.

6 (f) USE OF CERTAIN RESOURCES.—The Secretary of

7 the Army is authorized to utilize sand, gravel, or similar

8 mineral or mineral material resources when the use of

9 such resources is required for construction needs of the

10 Fort Carson Reservation or Pinon Canyon Maneuver Site.

11 SEC. 6. MANAGEMENT OF WITHDRAWN AND ACQUIRED

12 MINERAL RESOURCES.

13 (a) AUTHORITY OF SECRETARY OF THE INTERIOR.—

14 Notwithstanding any other provision of law, and except

15 as provided in section 5 of this Act, the Secretary of the

16 Interior shall manage all withdrawn and acquired mineral

17 resources contained within the boundaries of the Fort Car18 son Reservation and Pinon Canyon Maneuver Site.

19 (b) EFFECT OF IDENTIFICATION OF LANDS AS SUIT20 ABLE FOR MINING.—On the day specified by the Sec21 retary of the Interior in the notice published in the Fed22 eral Register pursuant to subsections (c) and (e) of section

23 5, the land identified as suitable for opening to the oper24 ation of the mining, mineral, and geothermal leasing and

25 the mineral material disposal laws shall automatically be
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1 open to the operation of such laws without the necessity

2 for further action by either the Secretary of the Interior

3 or the Congress.

4 (c) EXCEPTION FROM CERTAIN LAWS.—No deposit

5 of minerals or materials of the types identified by section

6 3 of the Act of July 23, 1955 (30 U.S.C. 611; 69 Stat.

7 368), whether or not included in the term ‘‘common vari8 eties’’ in that Act, shall be subject to location under the

9 Act of May 10, 1872 (commonly known as the Mining

10 Law of 1872)(30 U.S.C. 22 et seq.), or any other law pro11 viding for the location of mining claims, on lands described

12 in sections 2 and 3.

13 (d) REGULATIONS.—On lands identified for opening

14 to mining, mineral, and geothermal leasing or mineral ma15 terial disposal by section 5(b)(3), or by subsequent amend16 ments to the management plan described in section 5, all

17 minerals contained in those lands shall be subject to min18 ing, mineral, and geothermal leasing or mineral material

19 disposal under such rules and regulations as the Secretary

20 of the Interior may promulgate pursuant to the terms and

21 conditions of section 12 of the Military Lands Withdrawal

22 Act of 1986 (Public Law 99–606; 100 Stat. 3466).

23 (e) CLOSURE OF LANDS UNDER CERTAIN CIR24 CUMSTANCES.—In the event of a national emergency or

25 for purposes of national defense or security, the Secretary
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1 of the Interior, at the request of the Secretary of the

2 Army, shall close any lands that have been opened to min3 ing, mineral, and geothermal leasing or mineral material

4 disposal pursuant to this section.

5 (f) MINING CLAIMS.—(1) Except as otherwise pro6 vided in this Act, mining claims located pursuant to this

7 Act shall be subject to the provisions of the Act of May

8 10, 1872 (commonly known as the Mining Law of 1872)

9 [(30 U.S.C. 22 et seq.). In the event of a conflict between

10 that law and this Act, this Act shall prevail.] (30 U.S.C.

11 22 et seq.), or to the provisions of other laws enacted here12 after (including provisions for payments to the United

13 States) that are applicable to similar claims on the public

14 domain.

15 (2) All mining claims located under the terms of this

16 Act shall be subject to the provisions of the Federal Land

17 Policy and Management Act of 1976 (43 U.S.C. 1701 et

18 seq.).

19 (g) PATENTS FOR LOCATABLE MINERALS.—(1) Pat20 ents issued pursuant to this Act for locatable minerals

21 shall convey title to the locatable minerals only, and shall

22 be issued together with an appropriate authorization for

23 use of so much of the surface as may be necessary for

24 purposes incident to mineral activities under the guidelines
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1 for such use established by the Secretary of the Interior

2 by regulation.

3 (2) All such patents shall contain a reservation to the

4 United States of the surface of all lands patented and of

5 all nonlocatable minerals on those lands.

6 [(3) For the purposes of this section, all minerals

7 subject to location under the Act of May 10, 1872 (com8 monly known as the Mining Law of 1872) (30 U.S.C. et

9 seq.), are referred to as ‘‘locatable minerals’’.]

10 (3)(A) For the purposes of this Act, the term ‘‘locatable

11 minerals’’ means any mineral not subject to disposition

12 under any of the following:

13 (i) The Mineral Leasing Act (30 U.S.C. 181 et

14 seq.);

15 (ii) The Geothermal Steam Act of 1970 (30

16 U.S.C. et seq.);

17 (iii) The Act of July 31, 1947, commonly known

18 as the Materials Act of 1947 (30 U.S.C. 601 et seq.);

19 and

20 (iv) The Mineral Leasing for Acquired Lands

21 Act (30 U.S.C. 351 et seq.).

22 (B) For the purposes of this Act, the term ‘‘mineral

23 activities’’ means any activity for, related to, or incidental

24 to mineral exploration, mining, beneficiation, and process25 ing activities for any locatable mineral, including access.
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1 SEC. 7. HUNTING, FISHING, AND TRAPPING.

2 All hunting, fishing, and trapping on the lands with3 drawn and reserved by this Act shall be conducted in ac4 cordance with section 2671 of title 10, United States

5 Code.

6 SEC. 8. TERMINATION OF WITHDRAWAL AND RESERVATION

7 AND EFFECT OF CONTAMINATION.

8 (a) TERMINATION DATE.—The withdrawal and res9 ervation established by this Act shall terminate 15 years

10 after the date of the enactment of this Act.

11 (b) DETERMINATION OF CONTINUING MILITARY

12 NEED.—(1) At least three years prior to the termination

13 under subsection (a) of the withdrawal and reservation es14 tablished by this Act, the Secretary of the Army shall ad15 vise the Secretary of the Interior as to whether or not the

16 Department of the Army will have a continuing military

17 need for any of the lands after the termination date.

18 (2) If the Secretary of the Army concludes under

19 paragraph (1) that there will be a continuing military need

20 for any of the lands after the termination date established

21 by subsection (a), the Secretary of the Army, in accord22 ance with applicable law, shall evaluate the environmental

23 effects of renewal of such withdrawal and reservation,

24 shall hold at least one public hearing in Colorado concern25 ing such evaluation, and shall thereafter file an application

26 for extension of the withdrawal and reservation of such
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1 lands in accordance with the regulations and procedures

2 of the Department of the Interior applicable to the exten3 sion of withdrawals for military uses. The Secretary of the

4 Interior shall notify the Congress concerning such filing.

5 [and thereafter may take necessary steps, in accordance

6 with applicable law, to prevent uses inconsistent with such

7 extension for a period not in excess of 2 years after the

8 termination of the withdrawal and reservation made by

9 this Act.]

10 (3) If the Secretary of the Army concludes under

11 paragraph (1) that prior to the termination date estab12 lished by subsection (a), there will be no military need for

13 all or any of the lands withdrawn and reserved by this

14 Act, or if, during the period of withdrawal, the Secretary

15 of the Army decides to relinquish any or all of the lands

16 withdrawn and reserved under this Act, the Secretary of

17 the Army shall file a notice of intention to relinquish with

18 the Secretary of the Interior.

19 (c) DETERMINATION OF CONTAMINATION.—Prior to

20 the filing of a notice of intention to relinquish pursuant

21 to subsection (b)(3), the Secretary of the Army shall pre22 pare a written determination as to whether and to what

23 extent the lands are contaminated with explosive, toxic,

24 or other hazardous materials. A copy of the determination

25 made by the Secretary of the Army shall be supplied with
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1 the notice of intention to relinquish. Copies of both the

2 notice of intention to relinquish and the determination

3 concerning the contaminated state of the lands shall be

4 published in the Federal Register by the Secretary of the

5 Interior.

6 (d) EFFECT OF CONTAMINATION.—(1) If any land

7 which is the subject of a notice of intention to relinquish

8 under subsection (b)(3) is contaminated, and the Sec9 retary of the Interior, in consultation with the Secretary

10 of the Army, determines that decontamination is prac11 ticable and economically feasible, taking into consideration

12 the potential future use and value of the land, and that

13 upon decontamination, the land could be opened to the

14 operation of some or all of the public land laws, including

15 the mining laws, the Secretary of the Army shall decon16 taminate the land to the extent that funds are appro17 priated for such purpose.

18 (2) If the Secretaries of the Army and the Interior

19 conclude either that decontamination of any or all of the

20 lands proposed for relinquishment is not practicable or

21 economically feasible, or that the lands cannot be decon22 taminated sufficiently to allow them to be opened to the

23 operation of the public land laws, or if Congress declines

24 to appropriate funds for decontamination of the lands, the
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1 Secretary of the Interior shall not be required to accept

2 the lands proposed for relinquishment.

3 (3) If, because of their contaminated state, the Sec4 retary of the Interior declines under paragraph (2) to ac5 cept jurisdiction of the lands proposed for relinquishment,

6 or if at the expiration of the withdrawal made by this Act

7 the Secretary of the Interior determines that some of the

8 lands withdrawn by this Act are contaminated to an extent

9 which prevents opening such contaminated lands to oper10 ation of the public land laws—

11 (A) the Secretary of the Army shall take appro12 priate steps to warn the public of the contaminated

13 state of such lands and any risks associated with

14 entry onto such lands;

15 (B) after the expiration of the withdrawal, the

16 Secretary of the Army shall undertake no activities

17 on such lands except in connection with decon18 tamination of such lands; and

19 (C) the Secretary of the Army shall report to

20 the Secretary of the Interior and to the Congress

21 concerning the status of such lands and all actions

22 taken in furtherance of the subsection.

23 (4) If the lands are subsequently decontaminated,

24 upon certification by the Secretary of the Army that the

25 lands are safe for all nonmilitary uses, the Secretary of
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1 the Interior shall reconsider accepting jurisdiction over the

2 lands.

3 (e) PROGRAM OF DECONTAMINATION.—Throughout

4 the duration of the withdrawal and reservation made by

5 this Act, the Secretary of the Army, to the extent funds

6 are made available, shall maintain a program of decon7 tamination of the lands withdrawn by this Act at least

8 at the level of effort carried out during fiscal year 1992.

9 (f) ACCEPTANCE OF LANDS PROPOSED FOR RELIN10 QUISHMENT.—Notwithstanding any other provision of

11 law, the Secretary of the Interior, upon deciding that it

12 is in the public interest to accept jurisdiction over the

13 lands proposed for relinquishment, is authorized to revoke

14 the withdrawal and reservation established by this Act as

15 it applies to the lands proposed for relinquishment. Should

16 the decision be made to revoke the withdrawal and res17 ervation, the Secretary shall publish in the Federal Reg18 ister an appropriate order which shall—

19 (1) terminate the withdrawal and reservation;

20 (2) constitute official acceptance of full jurisdic21 tion over the lands by the Secretary of the Interior;

22 and

23 (3) state the date upon which the lands will be

24 opened to the operation of the public land laws, in25 cluding the mining laws if appropriate.
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1 SEC. 9. DELEGATION.

2 The functions of the Secretary of the Army under

3 this Act may be delegated. The functions of the Secretary

4 of the Interior under this Act may be delegated, except

5 that the order referred to in section 8(f) may be approved

6 and signed only by the Secretary of the Interior, the Dep7 uty Secretary of the Interior, or an Assistant Secretary

8 of the Department of the Interior.

9 SEC. 10. HOLD HARMLESS.

10 The United States and all departments or agencies

11 thereof shall be held harmless and shall not be liable for

12 any injuries or damages to persons or property suffered

13 in the course of any mining, mineral activity, or geo14 thermal leasing activity conducted on lands comprising the

15 Fort Carson Reservation or Pinon Canyon Maneuver Site.

16 SEC. 11. AMENDMENT TO MILITARY LANDS WITHDRAWAL

17 ACT OF 1986.

18 Section 3(f) of the Military Lands Withdrawal Act

19 of 1986 (Public Law 99–606; 100 Stat. 3461) is amended

20 by adding at the end a new paragraph (2) as follows:

21 ‘‘(2) The Secretary of the military department con22 cerned may utilize sand, gravel, or similar mineral or ma23 terial resources when the use of such resources is required

24 for construction needs on the respective lands withdrawn

25 by this Act.’’.
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1 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

2 There are hereby authorized to be appropriated such

3 sums as may be necessary to carry out the purposes of

4 this Act.

5 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

6 (a) SHORT TITLE.—This Act may be cited as

7 the ‘‘Fort Carson-Pinon Canyon Military

8 Lands Withdrawal Act’’.

9 (b) TABLE OF CONTENTS.—The table of con10 tents for this Act is as follows:

Sec. 1. Short title and table of contents.

Sec. 2. Withdrawal and reservation of lands at Fort Carson

Military Reservation.

Sec. 3. Withdrawal and reservation of lands at Pinon Canyon

Maneuver Site.

Sec. 4. Maps and legal descriptions.

Sec. 5. Management of withdrawn lands.

Sec. 6. Management of withdrawn and acquired mineral resources.

Sec. 7. Hunting, fishing, and trapping.

Sec. 8. Termination of withdrawal and reservation and effect

of contamination.

Sec. 9. Delegation.

Sec. 10. Hold harmless.

Sec. 11. Amendment to military lands withdrawal act of 1986.

Sec. 12. Authorization of appropriations.

11 SEC. 2. WITHDRAWAL AND RESERVATION OF LANDS AT

12 FORT CARSON MILITARY RESERVATION.

13 (a) WITHDRAWAL.—Subject to valid existing

14 rights and except as otherwise provided in

15 this Act, the lands at the Fort Carson Military

16 Reservation that are described in subsection

17 (c) are hereby withdrawn from all forms of ap18 propriation under the public land laws, in-
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1 cluding the mining laws and the mineral and

2 geothermal leasing laws.

3 (b) RESERVATION.—The lands withdrawn

4 under subsection (a) are reserved for use by

5 the Secretary of the Army—

6 (1) for military maneuvering, training

7 and weapons firing; and

8 (2) for other defense related purposes

9 consistent with the uses specified in

10 paragraph (1).

11 (c) LAND DESCRIPTION.—The lands referred

12 to in subsection (a) comprise 3,133.02 acres of

13 public land and 11,415.16 acres of federally14 owned minerals in El Paso, Pueblo, and Fre15 mont Counties, Colorado, as generally de16 picted on the map entitled ‘‘Fort Carson Pro17 posed Withdrawal—Fort Carson Base’’, dated

18 February 1992, and filed in accordance with

19 section 4.

20 SEC. 3. WITHDRAWAL AND RESERVATION OF LANDS AT

21 PINON CANYON MANEUVER SITE.

22 (a) WITHDRAWAL.—Subject to valid existing

23 rights and except as otherwise provided in

24 this Act, the lands at the Pinon Canyon Ma25 neuver Site that are described in subsection
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1 (c) are hereby withdrawn from all forms of ap2 propriation under the public land laws, in3 cluding the mining laws and the mineral and

4 geothermal leasing laws.

5 (b) RESERVATION.—The lands withdrawn

6 under subsection (a) are reserved for use by

7 the Secretary of the Army—

8 (1) for military maneuvering and

9 training; and

10 (2) for other defense related purposes

11 consistent with the uses specified in

12 paragraph (1).

13 (c) LAND DESCRIPTION.—The lands referred

14 to in subsection (a) comprise 2,517.12 acres of

15 public lands and 130,139 acres of federally16 owned minerals in Las Animas County, Colo17 rado, as generally depicted on the map enti18 tled ‘‘Fort Carson Proposed Withdrawal—Fort

19 Carson Maneuver Area—Pinon Canyon site’’,

20 dated February 1992, and filed in accordance

21 with section 4.

22 SEC. 4. MAPS AND LEGAL DESCRIPTIONS.

23 (a) PREPARATION.—As soon as practicable

24 after the date of enactment of this Act, the

25 Secretary of the Interior shall—
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1 (1) publish in the Federal Register a

2 notice containing the legal description of

3 the lands withdrawn and reserved by this

4 Act; and

5 (2) file maps and a legal description

6 of the lands withdrawn and reserved by

7 this Act with the Committee on Energy

8 and Natural Resources of the Senate and

9 with the Committee on Interior and Insu10 lar Affairs of the House of Representa11 tives.

12 (b) LEGAL EFFECT.—Such maps and legal

13 descriptions shall have the same force and ef14 fect as if they were included in this Act, ex15 cept that the Secretary of the Interior may

16 correct clerical and typographical errors in

17 such maps and legal descriptions.

18 (c) LOCATION OF COPIES.—Copies of such

19 maps and legal descriptions shall be available

20 for public inspection in the offices of the Colo21 rado State Director and the Canon City Dis22 trict Manager of the Bureau of Land Manage23 ment, and the Commander, Fort Carson, Colo24 rado.
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1 (d) COSTS.—The Secretary of the Army

2 shall reimburse the Secretary of the Interior

3 for the costs of implementing this section.

4 SEC. 5. MANAGEMENT OF WITHDRAWN LANDS.

5 (a) MANAGEMENT GUIDELINES.—(1) Except

6 as provided in section 6, during the period of

7 withdrawal, the Secretary of the Army shall

8 manage for military purposes the lands cov9 ered by this Act and may authorize use of the

10 lands by the other military departments and

11 agencies of the Department of Defense, and

12 the National Guard, as appropriate.

13 (2) When military operations, public safe14 ty, or national security, as determined by the

15 Secretary of the Army, require the closure of

16 roads and trails on the lands withdrawn by

17 this Act commonly in public use, the Sec18 retary of the Army is authorized to take such

19 action, except that such closures shall be lim20 ited to the minimum areas and periods re21 quired for the purposes specified in this sub22 section. Appropriate warning notices shall be

23 kept posted during closures.

24 (3) The Secretary of the Army shall take

25 necessary precautions to prevent and sup-
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1 press brush and range fires occurring within

2 and outside the lands as a result of military

3 activities and may seek assistance from the

4 Bureau of Land Management in suppressing

5 such fires. The memorandum of understand6 ing required by this section shall provide for

7 Bureau of Land Management assistance in the

8 suppression of such fires, and for a transfer

9 of funds from the Department of the Army to

10 the Bureau of Land Management as com11 pensation for such assistance.

12 (b) MANAGEMENT PLAN.—The Secretary of

13 the Army, with the concurrence of the Sec14 retary of the Interior, shall develop a plan for

15 the management of acquired lands and lands

16 withdrawn under sections 2 and 3 for the pe17 riod of withdrawal. The plan shall—

18 (1) be consistent with applicable law;

19 (2) include such provisions as may be

20 necessary for proper resource manage21 ment and protection of the natural, cul22 tural, and other resources and values of

23 such lands;

24 (3) identify those withdrawn and ac25 quired lands, if any, which are to be open
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1 to mining or mineral and geothermal

2 leasing, including mineral materials dis3 posal; and

4 (4) be developed not later than 5

5 years after the date of enactment of this

6 Act.

7 (c) LISTING OF LANDS SUITABLE FOR MIN8 ING.—On completion of the management plan

9 prepared pursuant to subsection (b), the Sec10 retary of the Interior shall publish a notice in

11 the Federal Register listing the lands deter12 mined under such subsection to be suitable

13 for opening to mining, and mineral and geo14 thermal leasing, including mineral materials

15 disposal, and specifying the opening date.

16 (d) IMPLEMENTATION OF MANAGEMENT

17 PLAN.—(1) The Secretary of the Army and the

18 Secretary of the Interior shall enter into a

19 memorandum of understanding to implement

20 the management plan described in subsection

21 (b).

22 (2) The duration of any such memoran23 dum of understanding shall be the same as

24 the period of withdrawal under section 8.
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1 (3) The memorandum of understanding

2 may be amended by agreement of both Sec3 retaries.

4 (e) REEXAMINATION OF LANDS FOR SUIT5 ABILITY FOR MINING.—At least every five years

6 after the initial identification of lands suit7 able for opening to mining required by sub8 section (b)(3), the Secretary of the Army and

9 the Secretary of the Interior shall determine

10 those withdrawn lands, if any, which the Sec11 retaries consider suitable for opening to min12 ing, mineral and geothermal leasing, or min13 eral material disposal, and those acquired

14 lands, if any, which the Secretaries consider

15 suitable for opening to mineral and geo16 thermal leasing or mineral material disposal.

17 The Secretary of the Interior shall publish a

18 notice in the Federal Register listing the

19 lands determined suitable for opening and

20 specifying the opening date.

21 (f) USE OF CERTAIN RESOURCES.—The Sec22 retary of the Army is authorized to utilize

23 sand, gravel, or similar mineral or mineral

24 material resources when the use of such re25 sources is required for construction needs of
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1 the Fort Carson Reservation or Pinon Canyon

2 Maneuver Site.

3 SEC. 6. MANAGEMENT OF WITHDRAWN AND ACQUIRED

4 MINERAL RESOURCES.

5 (a) AUTHORITY OF SECRETARY OF THE INTE6 RIOR.—Notwithstanding any other provision

7 of law, and except as provided in section 5 of

8 this Act, the Secretary of the Interior shall

9 manage all withdrawn and acquired mineral

10 resources contained within the boundaries of

11 the Fort Carson Reservation and Pinon Can12 yon Maneuver Site.

13 (b) EFFECT OF IDENTIFICATION OF LANDS AS

14 SUITABLE FOR MINING.—On the day specified

15 by the Secretary of the Interior in the notice

16 published in the Federal Register pursuant to

17 subsections (c) and (e) of section 5, the land

18 identified as suitable for opening to the oper19 ation of the mining, mineral, and geothermal

20 leasing and the mineral material disposal

21 laws shall automatically be open to the oper22 ation of such laws without the necessity for

23 further action by either the Secretary of the

24 Interior or the Congress.
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1 (c) EXCEPTION FROM CERTAIN LAWS.—No

2 deposit of minerals or materials of the types

3 identified by section 3 of the Act of July 23,

4 1955 (30 U.S.C. 611; 69 Stat. 368), whether or

5 not included in the term ‘‘common varieties’’

6 in that Act, shall be subject to location under

7 the Act of May 10, 1872 (commonly known as

8 the Mining Law of 1872)(30 U.S.C. 22 et seq.),

9 or any other law providing for the location of

10 mining claims, on lands described in sections

11 2 and 3.

12 (d) REGULATIONS.—On lands identified for

13 opening to mining, mineral, and geothermal

14 leasing or mineral material disposal by sec15 tion 5(b)(3), or by subsequent amendments to

16 the management plan described in section 5,

17 all minerals contained in those lands shall be

18 subject to mining, mineral, and geothermal

19 leasing or mineral material disposal under

20 such rules and regulations as the Secretary of

21 the Interior may promulgate pursuant to the

22 terms and conditions of section 12 of the Mili23 tary Lands Withdrawal Act of 1986 (Public

24 Law 99–606; 100 Stat. 3466).
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1 (e) CLOSURE OF LANDS UNDER CERTAIN CIR2 CUMSTANCES.—In the event of a national emer3 gency or for purposes of national defense or

4 security, the Secretary of the Interior, at the

5 request of the Secretary of the Army, shall

6 close any lands that have been opened to min7 ing, mineral, and geothermal leasing or min8 eral material disposal pursuant to this sec9 tion.

10 (f) MINING CLAIMS.—(1) Except as other11 wise provided in this Act, mining claims lo12 cated pursuant to this Act shall be subject to

13 the provisions of the Act of May 10, 1872 (com14 monly known as the Mining Law of 1872)(30

15 U.S.C. 22 et seq.), or to the provisions of other

16 laws enacted hereafter (including provisions

17 for payments to the United States) that are

18 applicable to similar claims on the public do19 main.

20 (2) All mining claims located under the

21 terms of this Act shall be subject to the provi22 sions of the Federal Land Policy and Manage23 ment Act of 1976 (43 U.S.C. 1701 et seq.).

24 (g) PATENTS FOR LOCATABLE MINERALS.—(1)

25 Patents issued pursuant to this Act for
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1 locatable minerals shall convey title to the

2 locatable minerals only, and shall be issued

3 together with an appropriate authorization

4 for use of so much of the surface as may be

5 necessary for purposes incident to mineral ac6 tivities under the guidelines for such use es7 tablished by the Secretary of the Interior by

8 regulation.

9 (2) All such patents shall contain a res10 ervation to the United States of the surface of

11 all lands patented and of all nonlocatable

12 minerals on those lands.

13 (3) For the purposes of this Act:

14 (A) The term ‘‘locatable minerals’’

15 means any mineral not subject to disposi16 tion under any of the following:

17 (i) The Mineral Leasing Act (30

18 U.S.C. 181 et seq.).

19 (ii) The Geothermal Steam Act of

20 1970 (30 U.S.C. 1001 et seq.).

21 (iii) The Act of July 31, 1947, com22 monly known as the Materials Act of

23 1947 (30 U.S.C. 601 et seq.).
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1 (iv) The Mineral Leasing for Ac2 quired Lands Act (30 U.S.C. 351 et

3 seq.).

4 (B) The term ‘‘mineral activities’’

5 means any activity for, related to, or inci6 dental to mineral exploration, mining,

7 beneficiation, and processing activities

8 for any locatable mineral, including ac9 cess.

10 SEC. 7. HUNTING, FISHING, AND TRAPPING.

11 All hunting, fishing, and trapping on the

12 lands withdrawn and reserved by this Act

13 shall be conducted in accordance with section

14 2671 of title 10, United States Code.

15 SEC. 8. TERMINATION OF WITHDRAWAL AND RESERVATION

16 AND EFFECT OF CONTAMINATION.

17 (a) TERMINATION DATE.—The withdrawal

18 and reservation established by this Act shall

19 terminate 15 years after the date of the enact20 ment of this Act.

21 (b) DETERMINATION OF CONTINUING MILI22 TARY NEED.—(1) At least three years prior to

23 the termination under subsection (a) of the

24 withdrawal and reservation established by

25 this Act, the Secretary of the Army shall ad-
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1 vise the Secretary of the Interior as to wheth2 er or not the Department of the Army will

3 have a continuing military need for any of the

4 lands after the termination date.

5 (2) If the Secretary of the Army concludes

6 under paragraph (1) that there will be a con7 tinuing military need for any of the lands

8 after the termination date established by sub9 section (a), the Secretary of the Army, in ac10 cordance with applicable law, shall evaluate

11 the environmental effects of renewal of such

12 withdrawal and reservation, shall hold at

13 least one public hearing in Colorado concern14 ing such evaluation, and shall thereafter file

15 an application for extension of the with16 drawal and reservation of such lands in ac17 cordance with the regulations and procedures

18 of the Department of the Interior applicable

19 to the extension of withdrawals for military

20 uses. The Secretary of the Interior shall notify

21 the Congress concerning such filing.

22 (3) If the Secretary of the Army concludes

23 under paragraph (1) that prior to the termi24 nation date established by subsection (a),

25 there will be no military need for all or any
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1 of the lands withdrawn and reserved by this

2 Act, or if, during the period of withdrawal, the

3 Secretary of the Army decides to relinquish

4 any or all of the lands withdrawn and re5 served under this Act, the Secretary of the

6 Army shall file a notice of intention to relin7 quish with the Secretary of the Interior.

8 (c) DETERMINATION OF CONTAMINATION.—

9 Prior to the filing of a notice of intention to

10 relinquish pursuant to subsection (b)(3), the

11 Secretary of the Army shall prepare a written

12 determination as to whether and to what ex13 tent the lands are contaminated with explo14 sive, toxic, or other hazardous materials. A

15 copy of the determination made by the Sec16 retary of the Army shall be supplied with the

17 notice of intention to relinquish. Copies of

18 both the notice of intention to relinquish and

19 the determination concerning the contami20 nated state of the lands shall be published in

21 the Federal Register by the Secretary of the

22 Interior.

23 (d) EFFECT OF CONTAMINATION.—(1) If any

24 land which is the subject of a notice of inten25 tion to relinquish under subsection (b)(3) is
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1 contaminated, and the Secretary of the Inte2 rior, in consultation with the Secretary of the

3 Army, determines that decontamination is

4 practicable and economically feasible, taking

5 into consideration the potential future use

6 and value of the land, and that upon decon7 tamination, the land could be opened to the

8 operation of some or all of the public land

9 laws, including the mining laws, the Secretary

10 of the Army shall decontaminate the land to

11 the extent that funds are appropriated for

12 such purpose.

13 (2) If the Secretaries of the Army and the

14 Interior conclude either that decontamina15 tion of any or all of the lands proposed for re16 linquishment is not practicable or economi17 cally feasible, or that the lands cannot be de18 contaminated sufficiently to allow them to be

19 opened to the operation of the public land

20 laws, or if Congress declines to appropriate

21 funds for decontamination of the lands, the

22 Secretary of the Interior shall not be required

23 to accept the lands proposed for relinquish24 ment.
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1 (3) If, because of their contaminated state,

2 the Secretary of the Interior declines under

3 paragraph (2) to accept jurisdiction of the

4 lands proposed for relinquishment, or if at the

5 expiration of the withdrawal made by this Act

6 the Secretary of the Interior determines that

7 some of the lands withdrawn by this Act are

8 contaminated to an extent which prevents

9 opening such contaminated lands to oper10 ation of the public land laws—

11 (A) the Secretary of the Army shall

12 take appropriate steps to warn the public

13 of the contaminated state of such lands

14 and any risks associated with entry onto

15 such lands;

16 (B) after the expiration of the with17 drawal, the Secretary of the Army shall

18 undertake no activities on such lands ex19 cept in connection with decontamination

20 of such lands; and

21 (C) the Secretary of the Army shall

22 report to the Secretary of the Interior

23 and to the Congress concerning the sta24 tus of such lands and all actions taken in

25 furtherance of the subsection.
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1 (4) If the lands are subsequently decon2 taminated, upon certification by the Sec3 retary of the Army that the lands are safe for

4 all nonmilitary uses, the Secretary of the Inte5 rior shall reconsider accepting jurisdiction

6 over the lands.

7 (e) PROGRAM OF DECONTAMINATION.—

8 Throughout the duration of the withdrawal

9 and reservation made by this Act, the Sec10 retary of the Army, to the extent funds are

11 made available, shall maintain a program of

12 decontamination of the lands withdrawn by

13 this Act at least at the level of effort carried

14 out during fiscal year 1992.

15 (f) ACCEPTANCE OF LANDS PROPOSED FOR

16 RELINQUISHMENT.—Notwithstanding any other

17 provision of law, the Secretary of the Interior,

18 upon deciding that it is in the public interest

19 to accept jurisdiction over the lands proposed

20 for relinquishment, is authorized to revoke

21 the withdrawal and reservation established

22 by this Act as it applies to the lands proposed

23 for relinquishment. Should the decision be

24 made to revoke the withdrawal and reserva25 tion, the Secretary shall publish in the Fed-
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1 eral Register an appropriate order which

2 shall—

3 (1) terminate the withdrawal and res4 ervation;

5 (2) constitute official acceptance of

6 full jurisdiction over the lands by the

7 Secretary of the Interior; and

8 (3) state the date upon which the

9 lands will be opened to the operation of

10 the public land laws, including the min11 ing laws if appropriate.

12 SEC. 9. DELEGATION.

13 The functions of the Secretary of the

14 Army under this Act may be delegated. The

15 functions of the Secretary of the Interior

16 under this Act may be delegated, except that

17 the order referred to in section 8(f) may be ap18 proved and signed only by the Secretary of

19 the Interior, the Deputy Secretary of the Inte20 rior, or an Assistant Secretary of the Depart21 ment of the Interior.

22 SEC. 10. HOLD HARMLESS.

23 The United States and all departments or

24 agencies thereof shall be held harmless and

25 shall not be liable for any injuries or damages
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1 to persons or property suffered in the course

2 of any mining, mineral activity, or geothermal

3 leasing activity conducted on lands compris4 ing the Fort Carson Reservation or Pinon

5 Canyon Maneuver Site.

6 SEC. 11. AMENDMENT TO MILITARY LANDS WITHDRAWAL

7 ACT OF 1986.

8 Section 3(f) of the Military Lands With9 drawal Act of 1986 (Public Law 99–606; 100

10 Stat. 3461) is amended by adding at the end

11 a new paragraph (2) as follows:

12 ‘‘(2) The Secretary of the military depart13 ment concerned may utilize sand, gravel, or

14 similar mineral or material resources when

15 the use of such resources is required for con16 struction needs on the respective lands with17 drawn by this Act.’’.

18 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

19 There are hereby authorized to be appro20 priated such sums as may be necessary to

21 carry out the purposes of this Act.

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