II
Calendar No. 593
103D CONGRESS
2D SESSION
H. R. 194
[Report No. 103–352]
IN THE SENATE OF THE UNITED STATES
MAY 13 (legislative day, APRIL 19), 1993
Received; read twice and referred to the Committee on Energy and Natural
Resources
AUGUST 22 (legislative day, AUGUST 18), 1994
Reported by Mr. JOHNSTON, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
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 Management of withdrawn lands.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 Management of withdrawn and acquired mineral resources.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 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.
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 that are described
in subsection (c) are hereby withdrawn from all forms of
appropriation under the public land laws, including the
mining laws and the mineral and geothermal leasing 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(b) RESERVATION.—The lands withdrawn under sub-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 1992, and
filed 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 that are described in
subsection (c) are hereby withdrawn from all forms of ap-
propriation under the public land laws, including the min-
ing laws and the mineral and geothermal leasing 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
1992, and filed in accordance with section 4.
SEC. 4. MAPS AND LEGAL DESCRIPTIONS.
(a) PREPARATION.—As soon as practicable after the
date of enactment of this Act, the Secretary of the Interior
shall—
(1) publish in the Federal Register a notice
containing the legal description of the lands with-
drawn and reserved by this Act; and
(2) file maps and a legal description of the
lands withdrawn and reserved by this Act with the
Committee on Energy and Natural Resources of the
Senate and with the Committee on Interior and In-
sular Affairs of the House of Representatives.
(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) LOCATION OF COPIES.—Copies of such maps and
legal descriptions shall be available for public inspection
in the offices of the Colorado State Director and the
Canon City District Manager of the Bureau of Land Man-
agement, and the Commander, 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) Except as pro-
vided 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) When military operations, public safety, or na-
tional security, as determined by the Secretary of the
Army, require the closure of roads and trails on the lands
withdrawn by this Act commonly in public use, the Sec-
retary of the Army is authorized to take such action, ex-
cept 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.
(3) The Secretary of the Army shall take necessary
precautions to prevent and suppress brush and range fires
occurring within and outside the lands as a result of mili-
tary activities and may seek assistance from the Bureau
of Land Management in suppressing such fires. The
memorandum of understanding required by this section
shall provide for Bureau of Land Management assistance
in the suppression of such fires, and for a transfer of
funds from the Department of the Army to the Bureau
of Land Management as compensation for such assistance.
(b) MANAGEMENT PLAN.—The Secretary of the
Army, with the concurrence of the Secretary of the Inte-
rior, shall develop a plan for the management of acquired
lands and lands withdrawn under sections 2 and 3 for the
period of withdrawal. The plan shall—
(1) be consistent with applicable law;
(2) include such provisions as may be necessary
for proper resource management and protection of
the natural, cultural, and other resources and values
of such lands;
(3)
identify
those
withdrawn
and
acquired
lands, if any, which are to be open to mining or min-
eral and geothermal leasing, including mineral mate-
rials disposal; and
(4) be developed not later than 5 years after
the date of enactment of this Act.
(c) LISTING OF LANDS SUITABLE FOR MINING.—On
completion of the management plan prepared pursuant to
subsection (b), the Secretary of the Interior shall publish
a notice in the Federal Register listing the lands deter-
mined under such subsection to be suitable for opening
to mining, and mineral and geothermal leasing, including
mineral materials disposal, and specifying the opening
date.
(d) IMPLEMENTATION OF MANAGEMENT PLAN.—(1)
The Secretary of the Army and the Secretary of the Inte-
rior shall enter into a memorandum of understanding to
implement the management plan described in subsection
(b).
(2) The duration of any such memorandum of under-
standing shall be the same as the period of withdrawal
under section 8.
(3) The memorandum of understanding may be
amended by agreement of both Secretaries.
(e) REEXAMINATION OF LANDS FOR SUITABILITY
FOR MINING.—At least every five years after the initial
identification of lands suitable for opening to mining re-
quired by subsection (b)(3), the Secretary of the Army and
the Secretary of the Interior shall determine those with-
drawn lands, if any, which the Secretaries consider suit-
able for opening to mining, mineral and geothermal leas-
ing, or mineral material disposal, and those acquired
lands, if any, which the Secretaries consider suitable for
opening to mineral and geothermal leasing or mineral ma-
terial disposal. The Secretary of the Interior shall publish
a notice in the Federal Register listing the lands deter-
mined suitable for opening and specifying the opening
date.
(f) USE OF CERTAIN RESOURCES.—The Secretary of
the Army is authorized to utilize sand, gravel, or similar
mineral or mineral material resources when the use of
such resources is required for construction needs of the
Fort Carson Reservation or Pinon Canyon Maneuver Site.
SEC. 6. MANAGEMENT OF WITHDRAWN AND ACQUIRED
MINERAL RESOURCES.
(a) AUTHORITY OF SECRETARY OF THE INTERIOR.—
Notwithstanding any other provision of law, and except
as provided in section 5 of this Act, the Secretary of the
Interior shall manage all withdrawn and acquired mineral
resources contained within the boundaries of the Fort Car-
son Reservation and Pinon Canyon Maneuver Site.
(b) EFFECT OF IDENTIFICATION OF LANDS AS SUIT-
ABLE FOR MINING.—On the day specified by the Sec-
retary of the Interior in the notice published in the Fed-
eral Register pursuant to subsections (c) and (e) of section
5, the land identified as suitable for opening to the oper-
ation of the mining, mineral, and geothermal leasing and
the mineral material disposal laws shall automatically be
open to the operation of such laws without the necessity
for further action by either the Secretary of the Interior
or the Congress.
(c) EXCEPTION FROM CERTAIN LAWS.—No deposit
of minerals or materials of the types identified by section
3 of the Act of July 23, 1955 (30 U.S.C. 611; 69 Stat.
368), whether or not included in the term ‘‘common vari-
eties’’ in that Act, shall be subject to location under the
Act of May 10, 1872 (commonly known as the Mining
Law of 1872) (30 U.S.C. 22 et seq.), or any other law
providing for the location of mining claims, on lands de-
scribed in sections 2 and 3.
(d) REGULATIONS.—On lands identified for opening
to mining, mineral, and geothermal leasing or mineral ma-
terial disposal by section 5(b)(3), or by subsequent amend-
ments to the management plan described in section 5, all
minerals contained in those lands shall be subject to min-
ing, mineral, and geothermal leasing or mineral material
disposal under such rules and regulations as the Secretary
of the Interior may promulgate pursuant to the terms and
conditions of section 12 of the Military Lands Withdrawal
Act of 1986 (Public Law 99–606; 100 Stat. 3466).
(e) CLOSURE
OF LANDS UNDER CERTAIN CIR-
CUMSTANCES.—In the event of a national emergency or
for purposes of national defense or security, the Secretary
of the Interior, at the request of the Secretary of the
Army, shall close any lands that have been opened to min-
ing, mineral, and geothermal leasing or mineral material
disposal pursuant to this section.
(f) MINING CLAIMS.—(1) Except as otherwise pro-
vided in this Act, mining claims located pursuant to this
Act shall be subject to the provisions of the Act of May
10, 1872 (commonly known as the Mining Law of 1872)
(30 U.S.C. 22 et seq.), or to the provisions of other laws
enacted hereafter (including provisions for payments to
the United States) that are applicable to similar claims
on the public domain.
(2) All mining claims located under the terms of this
Act shall be subject to the provisions of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et
seq.).
(g) PATENTS FOR LOCATABLE MINERALS.—(1) Pat-
ents issued pursuant to this Act for locatable minerals
shall convey title to the locatable minerals only, and shall
be issued together with an appropriate authorization for
use of so much of the surface as may be necessary for
purposes incident to mineral activities under the guidelines
for such use established by the Secretary of the Interior
by regulation.
(2) All such patents shall contain a reservation to the
United States of the surface of all lands patented and of
all nonlocatable minerals on those lands.
(3) For the purposes of this Act:
(A) The term ‘‘locatable minerals’’ means any
mineral not subject to disposition under any of the
following:
(i) The Mineral Leasing Act (30 U.S.C.
181 et seq.).
(ii) The Geothermal Steam Act of 1970
(30 U.S.C. 1001 et seq.).
(iii) The Act of July 31, 1947, commonly
known as the Materials Act of 1947 (30 U.S.C.
601 et seq.).
(iv) The Mineral Leasing for Acquired
Lands Act (30 U.S.C. 351 et seq.).
(B) The term ‘‘mineral activities’’ means any
activity for, related to, or incidental to mineral ex-
ploration, mining, beneficiation, and processing ac-
tivities for any locatable mineral, including access.
SEC. 7. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands with-
drawn and reserved by this Act shall be conducted in ac-
cordance with section 2671 of title 10, United States
Code.
SEC. 8. TERMINATION OF WITHDRAWAL AND RESERVATION
AND EFFECT OF CONTAMINATION.
(a) TERMINATION DATE.—The withdrawal and res-
ervation established by this Act shall terminate 15 years
after the date of the enactment of this Act.
(b)
DETERMINATION
OF
CONTINUING
MILITARY
NEED.—(1) At least three years prior to the termination
under subsection (a) of the withdrawal and reservation es-
tablished by this Act, the Secretary of the Army shall ad-
vise the Secretary of the Interior as to whether or not the
Department of the Army will have a continuing military
need for any of the lands after the termination date.
(2) If the Secretary of the Army concludes under
paragraph (1) that there will be a continuing military need
for any of the lands after the termination date established
by subsection (a), the Secretary of the Army, in accord-
ance with applicable law, shall evaluate the environmental
effects of renewal of such withdrawal and reservation,
shall hold at least one public hearing in Colorado concern-
ing such evaluation, and shall thereafter file an application
for extension of the withdrawal and reservation of such
lands in accordance with the regulations and procedures
of the Department of the Interior applicable to the exten-
sion of withdrawals for military uses. The Secretary of the
Interior shall notify the Congress concerning such filing.
(A) the Secretary of the Army shall take appro-
priate steps to warn the public of the contaminated
state of such lands and any risks associated with
entry onto such lands;
(B) after the expiration of the withdrawal, the
Secretary of the Army shall undertake no activities
on such lands except in connection with decon-
tamination of such lands; and
(C) the Secretary of the Army shall report to
the Secretary of the Interior and to the Congress
concerning the status of such lands and all actions
taken in furtherance of the subsection.
(4) If the lands are subsequently decontaminated,
upon certification by the Secretary of the Army that the
lands are safe for all nonmilitary uses, the Secretary of
the Interior shall reconsider accepting jurisdiction over the
lands.
(e) PROGRAM OF DECONTAMINATION.—Throughout
the duration of the withdrawal and reservation made by
this Act, the Secretary of the Army, to the extent funds
are made available, shall maintain a program of decon-
tamination of the lands withdrawn by this Act at least
at the level of effort carried out during fiscal year 1992.
(f) ACCEPTANCE OF LANDS PROPOSED FOR RELIN-
QUISHMENT.—Notwithstanding any other provision of
law, the Secretary of the Interior, upon deciding that it
is in the public interest to accept jurisdiction over the
lands proposed for relinquishment, is authorized to revoke
the withdrawal and reservation established by this Act as
it applies to the lands proposed for relinquishment. Should
the decision be made to revoke the withdrawal and res-
ervation, the Secretary shall publish in the Federal Reg-
ister an appropriate order which shall—
(1) terminate the withdrawal and reservation;
(2) constitute official acceptance of full jurisdic-
tion over the lands by the Secretary of the Interior;
and
(3) state the date upon which the lands will be
opened to the operation of the public land laws, in-
cluding the mining laws if appropriate.
SEC. 9. DELEGATION.
The functions of the Secretary of the Army under
this Act may be delegated. The functions of the Secretary
of the Interior under this Act may be delegated, except
that the order referred to in section 8(f) may be approved
and signed only by the Secretary of the Interior, the Dep-
uty Secretary of the Interior, or an Assistant Secretary
of the Department of the Interior.
SEC. 10. HOLD HARMLESS.
The United States and all departments or agencies
thereof shall be held harmless and shall not be liable for
any injuries or damages to persons or property suffered
in the course of any mining, mineral activity, or geo-
thermal leasing activity conducted on lands comprising the
Fort Carson Reservation or Pinon Canyon Maneuver Site.
SEC. 11. AMENDMENT TO MILITARY LANDS WITHDRAWAL
ACT OF 1986.
Section 3(f) of the Military Lands Withdrawal Act
of 1986 (Public Law 99–606; 100 Stat. 3461) is amended
by adding at the end a new paragraph (2) as follows:
‘‘(2) The Secretary of the military department con-
cerned may utilize sand, gravel, or similar mineral or ma-
terial resources when the use of such resources is required
for construction needs on the respective lands withdrawn
by this Act.’’.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such
sums as may be necessary to carry out the purposes of
this Act.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fort Carson-Pinon Can-
yon Military Lands Withdrawal Act’’.
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 that are described in
subsection (c) are hereby withdrawn from all forms of ap-
propriation under the public land laws, including the min-
ing 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, training and
weapons firing; and
(2) for other defense related purposes consistent
with the uses specified in paragraph (1).
(c) LAND DESCRIPTION.—The lands referred to in sub-
section (a) comprise approximately 3,133.02 acres of public
land and approximately 11,415.16 acres of federally-owned
minerals in El Paso, Pueblo, and Fremont Counties, Colo-
rado, as generally depicted on the map entitled ‘‘Fort Car-
son Proposed Withdrawal—Fort Carson Base’’, dated
March 2, 1992, and filed 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 that are described in sub-
section (c) are hereby withdrawn from all forms of appro-
priation under the public land laws, including 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 consistent
with the uses specified in paragraph (1).
(c) LAND DESCRIPTION.—The lands referred to in sub-
section (a) comprise approximately 2,517.12 acres of public
lands and approximately 130,139 acres of federally-owned
minerals in Las Animas County, Colorado, as generally de-
picted on the map entitled ‘‘Fort Carson Proposed With-
drawal—Fort Carson Maneuver Area—Pinon Canyon
Site’’, dated March 2, 1992, and filed in accordance with
section 4.
SEC. 4. MAPS AND LEGAL DESCRIPTIONS.
(a) PREPARATION.—As soon as practicable after the
date of enactment of this Act, the Secretary of the Interior