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 pro-
viding for the location of mining claims, on lands described
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.). In the event of a conflict between
that law and this Act, this Act shall prevail.] (30 U.S.C.
22 et seq.), or to the provisions of other laws enacted here-
after (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 section, all minerals
subject to location under the Act of May 10, 1872 (com-
monly known as the Mining Law of 1872) (30 U.S.C. et
seq.), are referred to as ‘‘locatable minerals’’.]
(3)(A) For the purposes of this Act, 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. et seq.);
(iii) The Act of July 31, 1947, commonly known
as the Materials Act of 1947 (30 U.S.C. 601 et seq.);
and
(iv) The Mineral Leasing for Acquired Lands
Act (30 U.S.C. 351 et seq.).
(B) For the purposes of this Act, the term ‘‘mineral
activities’’ means any activity for, related to, or incidental
to mineral exploration, mining, beneficiation, and process-
ing activities 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.
[and thereafter may take necessary steps, in accordance
with applicable law, to prevent uses inconsistent with such
extension for a period not in excess of 2 years after the
termination of the withdrawal and reservation made by
this Act.]
(3) If the Secretary of the Army concludes under
paragraph (1) that prior to the termination date estab-
lished by subsection (a), there will be no military need for
all or any of the lands withdrawn and reserved by this
Act, or if, during the period of withdrawal, the Secretary
of the Army decides to relinquish any or all of the lands
withdrawn and reserved under this Act, the Secretary of
the Army shall file a notice of intention to relinquish with
the Secretary of the Interior.
(c) DETERMINATION OF CONTAMINATION.—Prior to
the filing of a notice of intention to relinquish pursuant
to subsection (b)(3), the Secretary of the Army shall pre-
pare a written determination as to whether and to what
extent the lands are contaminated with explosive, toxic,
or other hazardous materials. A copy of the determination
made by the Secretary of the Army shall be supplied with
the notice of intention to relinquish. Copies of both the
notice of intention to relinquish and the determination
concerning the contaminated state of the lands shall be
published in the Federal Register by the Secretary of the
Interior.
(d) EFFECT OF CONTAMINATION.—(1) If any land
which is the subject of a notice of intention to relinquish
under subsection (b)(3) is contaminated, and the Sec-
retary of the Interior, in consultation with the Secretary
of the Army, determines that decontamination is prac-
ticable and economically feasible, taking into consideration
the potential future use and value of the land, and that
upon decontamination, the land could be opened to the
operation of some or all of the public land laws, including
the mining laws, the Secretary of the Army shall decon-
taminate the land to the extent that funds are appro-
priated for such purpose.
(2) If the Secretaries of the Army and the Interior
conclude either that decontamination of any or all of the
lands proposed for relinquishment is not practicable or
economically feasible, or that the lands cannot be decon-
taminated sufficiently to allow them to be opened to the
operation of the public land laws, or if Congress declines
to appropriate funds for decontamination of the lands, the
Secretary of the Interior shall not be required to accept
the lands proposed for relinquishment.
(3) If, because of their contaminated state, the Sec-
retary of the Interior declines under paragraph (2) to ac-
cept jurisdiction of the lands proposed for relinquishment,
or if at the expiration of the withdrawal made by this Act
the Secretary of the Interior determines that some of the
lands withdrawn by this Act are contaminated to an extent
which prevents opening such contaminated lands to oper-
ation of the public land laws—
(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.