IB
Union Calendar No. 15
104TH CONGRESS
1ST SESSION
H. R. 256
[Report No. 104–28, Parts I & 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 4, 1995
Mr. HEFLEY introduced the following bill; which was referred to the Commit-
tee on National Security and, in addition, to the Committee on Re-
sources, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
FEBRUARY 10, 1995
Reported from the Committee on Resources without amendment
FEBRUARY 14, 1995
Reported from the Committee on National Security without amendment, com-
mitted to the Committee of the Whole House on the State of the Union,
and ordered to be printed
A BILL
To withdraw and reserve certain public lands and minerals
within the State of Colorado for military uses, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Fort Carson-Pinon Canyon Military Lands Withdrawal
Act’’.
(b) TABLE OF CONTENTS.—The table of contents 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 Reserva-
tion.
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 Management of withdrawn lands.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 Management of withdrawn and acquired mineral resources.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.
Sec. 9. Determination of presence of contamination and effect of contamina-
tion.
Sec. 10. Delegation.
Sec. 11. Hold harmless.
Sec. 12. Amendment to Military Lands Withdrawal Act of 1986.
Sec. 13. Authorization of appropriations.
SEC. 2. WITHDRAWAL AND RESERVATION OF LANDS AT
FORT CARSON MILITARY RESERVATION.
(a) WITHDRAWAL.—Subject to valid existing rights
and except as otherwise provided in this Act, the lands
at the Fort Carson Military Reservation, Colorado, that
are described in subsection (c) are hereby withdrawn from
all forms of appropriation under the public land laws, in-
cluding the mining laws, the mineral and geothermal leas-
ing laws, and the mineral materials disposal laws.
(b) RESERVATION.—The lands withdrawn under sub-
section (a) are reserved for use by the Secretary of the
Army—
(1) for military maneuvering, training and
weapons firing; and
(2) for other defense related purposes consist-
ent with the uses specified in paragraph (1).
(c) LAND DESCRIPTION.—The lands referred to in
subsection (a) comprise 3,133.02 acres of public land and
11,415.16 acres of federally-owned minerals in El Paso,
Pueblo, and Fremont Counties, Colorado, as generally de-
picted on the map entitled ‘‘Fort Carson Proposed With-
drawal—Fort Carson Base’’, dated February 6, 1992, and
published in accordance with section 4.
SEC. 3. WITHDRAWAL AND RESERVATION OF LANDS AT
PINON CANYON MANEUVER SITE.
(a) WITHDRAWAL.—Subject to valid existing rights
and except as otherwise provided in this Act, the lands
at the Pinon Canyon Maneuver Site, Colorado, that are
described in subsection (c) are hereby withdrawn from all
forms of appropriation under the public land laws, includ-
ing the mining laws, the mineral and geothermal leasing
laws, and the mineral materials disposal laws.
(b) RESERVATION.—The lands withdrawn under sub-
section (a) are reserved for use by the Secretary of the
Army—
(1) for military maneuvering and training; and
(2) for other defense related purposes consist-
ent with the uses specified in paragraph (1).
(c) LAND DESCRIPTION.—The lands referred to in
subsection (a) comprise 2,517.12 acres of public lands and
130,139 acres of federally-owned minerals in Las Animas
County, Colorado, as generally depicted on the map enti-
tled ‘‘Fort Carson Proposed Withdrawal—Fort Carson
Maneuver Area—Pinon Canyon site’’, dated February 6,
1992, and published in accordance with section 4.
SEC. 4. MAPS AND LEGAL DESCRIPTIONS.
(a) PREPARATION OF MAPS AND LEGAL DESCRIP-
TION.—As soon as practicable after the date of the enact-
ment of this Act, the Secretary of the Interior shall pre-
pare maps depicting the lands withdrawn and reserved by
this Act and publish in the Federal Register a notice con-
taining the legal description of such lands.
(b) LEGAL EFFECT.—Such maps and legal descrip-
tions shall have the same force and effect as if they were
included in this Act, except that the Secretary of the Inte-
rior may correct clerical and typographical errors in such
maps and legal descriptions.
(c) AVAILABILITY OF MAPS AND LEGAL DESCRIP-
TION.—Copies of such maps and legal descriptions shall
be available for public inspection in the offices of the Colo-
rado State Director and the Canon City District Manager
of the Bureau of Land Management and in the offices of
the Commander of Fort Carson, Colorado.
(d) COSTS.—The Secretary of the Army shall reim-
burse the Secretary of the Interior for the costs of imple-
menting this section.
SEC. 5. MANAGEMENT OF WITHDRAWN LANDS.
(a) MANAGEMENT GUIDELINES.—
(1) MANAGEMENT
BY
SECRETARY
OF
THE
ARMY.—Except as provided in section 6, during the
period of withdrawal, the Secretary of the Army
shall manage for military purposes the lands covered
by this Act and may authorize use of the lands by
the other military departments and agencies of the
Department of Defense, and the National Guard, as
appropriate.
(2) ACCESS RESTRICTIONS.—When military op-
erations, public safety, or national security, as deter-
mined by the Secretary of the Army, require the clo-
sure of roads and trails on the lands withdrawn by
this Act commonly in public use, the Secretary of
the Army is authorized to take such action, except
that such closures shall be limited to the minimum
areas and periods required for the purposes specified
in this subsection. Appropriate warning notices shall
be kept posted during closures.