Calendar No. 372
103D CONGRESS
2D SESSION
H. R. 1134
[Report No. 103–228]
AN ACT
To provide for the transfer of certain public lands
located in Clear Creek County, Colorado, to the
United States Forest Service, the State of Colo-
rado, and certain local governments in the State
of Colorado, and for other purposes.
FEBRUARY 23 (legislative day, FEBRUARY 22), 1994
Reported with amendments and an amendment to the
title
II
Calendar No. 372
103D CONGRESS
2D SESSION
H. R. 1134
[Report No. 103–228]
IN THE SENATE OF THE UNITED STATES
JUNE 22, 1993
Received; read twice and referred to the Committee on Energy and Natural
Resources
FEBRUARY 23 (legislative day, FEBRUARY 22), 1994
Reported by Mr. JOHNSTON, with amendments and an amendment to the title
[Omit the part struck through and insert the part printed in italic]
AN ACT
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 May 1993, to the Secretary of Agriculture, the
State of Colorado, and certain political subdivisions 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 3,400 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)
(1) The
boundaries of the Arapaho National Forest are hereby
modified as shown on the map referred to in section 2. For
the purpose of section 7 of the Land and Water Conserva-
tion 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 600 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 1,200 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 Act referred to as the ‘‘Recre-
ation and Public Purposes Act’’), except that other
uses of the lands may be made with the approval 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 7,400 acres of public lands described
as ‘‘Parts III Lands’’ on the map referred to in section
202, section 2, along with any public lands on that map
within the corporate boundaries of the towns of George-
town or Silver Plume, Colorado as of January 1, 1993
to Clear Creek County, Colorado (hereinafter in this sec-
tion 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)(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 mar-
ket 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 enactment 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 de-
termines to be equal to the County’s total net
receipts 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 in-
curred 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, Any lands
so transferred shall be held by the recipient thereof under
the same terms and conditions as if transferred by the Unit-
ed States under such Act, except that such terms and con-
ditions 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 County has prior to such date notified the Secretary
that the County intends to retain ownership, shall be re-
tained by the County under the same terms and conditions
as if transferred 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 MINERAL ENTRY.—
Subject to valid existing rights, the public lands referred
to in sections 4 and 5 are hereby withdrawn from all forms
of entry under the general mining laws and mineral leas-
ing 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) 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.
(b) LIMITATION ON PATENT ISSUANCE.—Subject to
valid existing rights, no patent shall be issued after the date
of enactment of this Act for any mining or mill site claim
located under the general mining laws within the public
lands referred to in sections 4 and 5.
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 Act 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 other-
wise.
(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
Act after their transfer to the ownership of another party,
but nothing in this title Act shall be construed as either
diminishing or increasing any responsibility or liability of
the United States based on the condition of such lands
on the date of enactment of this Act. of such lands on the
date of their transfer to the ownership of another party.
(c) BOUNDARIES.—The boundaries of the Arapaho
National Forest are hereby modified as shown on the map
referred 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 modified, shall be considered to be the boundaries
of such National Forest as of January 1, 1965.
(d) (c) ACCOUNTING.—For purposes of the distribu-
tion 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 doc-
uments submitted to justify proposed appropriations for
the Bureau of Land Management.
Amend the title so as to read: ‘‘An Act to provide
for the transfer of certain public lands located in Clear
Creek County, Colorado, to the Forest Service, the State
of Colorado, and certain local governments in the State
of Colorado, and for other purposes.’’.
Passed the House of Representatives June 21, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.