I
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 Representa-
tives 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 accord-
ance with this Act the approximately 14,000 acres of pub-
lic lands generally depicted on a map entitled ‘‘Clear Creek
County, Colorado, Public Lands Transfer—Proposed’’,
and dated September 1991, to the Secretary of Agri-
culture, the State of Colorado, and certain political sub-
divisions 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, ad-
ministrative 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 per-
taining to the National Forest System and the Arapaho
National Forest.
(b) ADMINISTRATIVE PROVISIONS.—(1) For the pur-
pose 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, ex-
cept that any such right or authorization shall be adminis-
tered by the Forest Service in accordance with this section
and other applicable laws. Reissuance of any such author-
ization 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 SIL-
VER PLUME AND GEORGETOWN, COLORADO.
(a) TRANSFER.—Subject to section 6 and valid exist-
ing rights, the Secretary shall transfer, without consider-
ation, all right, title, and interest, both surface and sub-
surface, 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 Divi-
sion of Wildlife, the Colorado State Historical Soci-
ety, the town of Silver Plume, the town of George-
town, and the County of Clear Creek, which is dated
January 1989; the stipulations related to the preser-
vation 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 ‘‘Recre-
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 occur-
rence. All sums paid to the Secretary of the Interior
under this paragraph shall be retained by the Sec-
retary and subject to appropriation, used for man-
agement of the public lands pursuant to the Federal
Land Policy and Management Act of 1976.
SEC. 5. LAND TRANSFER TO CLEAR CREEK COUNTY, COLO-
RADO.
(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 Sec-
retary 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 reg-
ulations 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 under-
taken by the County in order to facilitate sale of any
portion of such lands and in which the County com-
mits 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 Coun-
ty 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 sec-
tions 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 sec-
tion, the term ‘‘valid existing rights’’ in reference to the
general mining laws means that a mining claim was prop-
erly 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 enact-
ment 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 sec-
tions 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 invali-
dated 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 pat-
ent 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 invali-
dated by the Secretary or by a court of the United
States.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) INSPECTIONS.—Notwithstanding any other provi-
sion 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 sub-
stances 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 diminish-
ing or increasing any responsibility or liability of the Unit-
ed States based on the condition of such lands on the date
of enactment of this Act.
Æ