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 Act referred to as the
‘‘Recreation and Public Purposes Act’’), except that
other uses of the lands may be made with the ap-
proval of the Secretary.
(2)(A) Title to lands conveyed by the Secretary
under this section may not be transferred by the
grantee or its successor except, with the consent of
the Secretary, to a transferee which would be a
qualified grantee under section 2(a) or (c) of the
Recreation and Public Purposes Act (43 U.S.C.
869–1(a), (c)).
(B) The provisions of paragraph (3) of this
subsection shall apply if at any time after such con-
veyance—
(i) the grantee or its successor attempts to
transfer to any other party title to or control
over any portion of the lands conveyed to such
grantee under this section, except as provided
in subparagraph (A), or
(ii) such lands or any portion thereof are
devoted to a use inconsistent with this sub-
section.
(3) In case of occurrence of an event described
in paragraph (2)(B) of this subsection, the grantee
of the relevant lands shall be liable to pay to the
Secretary of the Interior, on behalf of the United
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,
COLORADO.
(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 7,400 acres of public lands de-
scribed as ‘‘Parts III Lands’’ on the map referred to in
section 202, along with any public lands on that map with-
in 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 re-
ferred 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.
(3)(A) the Secretary and the County have
reached an agreement—
(i) concerning the steps, including but not
limited to the use of appraisals (and the meth-
odology thereof) and the use of competitive bids
or other sales methods, that the County will take
to ensure that so far as possible any sales of the
lands by the County will be for fair market
value; and
(ii) under which the County will provide
the Secretary with an annual accounting of all
receipts and expenditures with regard to such
lands after their transfer to the County, and that
on the date that is 10 years after the date of en-
actment of this Act, or at such earlier date as the
County may elect, the County will pay to the
United States an amount the Secretary deter-
mines to be equal to the County’s total net re-
ceipts from the sale of some or all of such lands;
and, in addition,
(B) the Secretary has also agreed that in deter-
mining the amounts to be paid by the County pursu-
ant to this paragraph, the Secretary will allow the
County to deduct from the gross receipts from the sale
of the lands all ordinary and necessary costs incurred
by the County, including—
(i) expenses for necessary surveying, map-
ping, and other site characterization, and ap-
praisals;
(ii) historical preservation and environ-
mental protection; and
(iii) reasonable overhead, including staffing
and administrative costs.
(c) UNSOLD LANDS.—(1) The County may transfer
some or all of the lands referred to in subsection (a) to an
entity that would be a qualified grantee under section 2(a)
or 2(c) of the Recreation and Public Purposes Act (43
U.S.C. 869–1(a), (c)). Any lands so transferred shall after
such transfer be held by the recipient thereof under the same
terms and conditions as if transferred to such recipient by
the United States under such Act, except that such terms
and conditions shall also apply to the mineral estate in such
lands.
(2) Any of the lands referred to in subsection (a) which
remain in County ownership on the date 10 years after the
date of enactment of this Act, or regarding which the Coun-
ty has prior to such date notified the Secretary that the
County intends to retain ownership, shall be retained by
the County under the same terms and conditions as if trans-
ferred to the County on such date or on the date of such
notification (whichever first occurs) by the United States
under the Recreation and Public Purposes Act, except that
such terms and conditions shall also apply to the mineral
estate in such lands.
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.
(1) No patent shall be issued by the United
States for any mining or mill site claim located
under the general mining laws within the public
lands referred to in sections 4 and 5 unless an appli-
cation for such patent was filed with the Secretary of
the Interior on or before the date of enactment of this
Act and such application has been prosecuted with
due diligence after its filing.
(2) Except as provided in paragraph (1), noth-
ing in this Act shall be construed as precluding issu-
ance of a patent to the holder of any mining or mill
site claim if such holder would have been entitled for
such issuance but for enactment of this Act.
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.
(c) BOUNDARIES.—The boundaries of the Arapaho Na-
tional Forest are hereby modified as shown on the map re-
ferred to in section 2. For the purpose of section 7 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l–9), the boundaries of such National Forest, as so modi-
fied, shall be considered to be the boundaries of such Na-
tional Forest as of January 1, 1965.
(d) ACCOUNTING.—For purposes of the distribution of
receipts, any funds paid to the United States by the County
pursuant to an agreement described in section 5(b)(3) shall
be deemed to be receipts from the sale of public lands, but
shall be specifically accounted for in documents submitted
to justify proposed appropriations for the Bureau of Land
Management.