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for construction needs on the respective lands withdrawn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 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 con-
tents 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 Reservation.
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 Management of withdrawn lands.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 Management of withdrawn and acquired mineral re-
sources.
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(c) are hereby withdrawn from all forms of ap-
propriation under the public land laws, in-
cluding the mining laws and the mineral and
geothermal leasing laws.
(b) RESERVATION.—The lands withdrawn
under subsection (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 subsection (a) comprise 3,133.02 acres of
public land and 11,415.16 acres of federally-
owned minerals in El Paso, Pueblo, and Fre-
mont Counties, Colorado, as generally de-
picted on the map entitled ‘‘Fort Carson Pro-
posed Withdrawal—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 Ma-
neuver Site that are described in subsection
(c) are hereby withdrawn from all forms of ap-
propriation under the public land laws, in-
cluding the mining laws and the mineral and
geothermal leasing laws.
(b) RESERVATION.—The lands withdrawn
under subsection (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 subsection (a) comprise 2,517.12 acres of
public lands and 130,139 acres of federally-
owned minerals in Las Animas County, Colo-
rado, 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 withdrawn 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 Insu-
lar Affairs of the House of Representa-
tives.
(b) LEGAL EFFECT.—Such maps and legal
descriptions shall have the same force and ef-
fect as if they were included in this Act, ex-
cept that the Secretary of the Interior 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 Colo-
rado State Director and the Canon City Dis-
trict Manager of the Bureau of Land Manage-
ment, and the Commander, Fort Carson, Colo-
rado.
(d) COSTS.—The Secretary of the Army
shall reimburse the Secretary of the Interior
for the costs of implementing this section.
SEC. 5. MANAGEMENT OF WITHDRAWN LANDS.
(a) MANAGEMENT GUIDELINES.—(1) Except
as provided in section 6, during the period of
withdrawal, the Secretary of the Army shall
manage for military purposes the lands cov-
ered 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 safe-
ty, or national 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, except that such closures shall be lim-
ited to the minimum areas and periods re-
quired for the purposes specified in this sub-
section. Appropriate warning notices shall be
kept posted during closures.
(3) The Secretary of the Army shall take
necessary precautions to prevent and sup-
press brush and range fires occurring within
and outside the lands as a result of military
activities and may seek assistance from the
Bureau of Land Management in suppressing
such fires. The memorandum of understand-
ing 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 com-
pensation for such assistance.
(b) MANAGEMENT PLAN.—The Secretary of
the Army, with the concurrence of the Sec-
retary of the Interior, shall develop a plan for
the management of acquired lands and lands
withdrawn under sections 2 and 3 for the pe-
riod of withdrawal. The plan shall—
(1) be consistent with applicable law;
(2) include such provisions as may be
necessary for proper resource manage-
ment and protection of the natural, cul-
tural, and other resources and values of
such lands;
(3) identify those withdrawn and ac-
quired lands, if any, which are to be open
to mining or mineral and geothermal
leasing, including mineral materials dis-
posal; and
(4) be developed not later than 5
years after the date of enactment of this
Act.
(c) LISTING OF LANDS SUITABLE FOR MIN-
ING.—On completion of the management plan
prepared pursuant to subsection (b), the Sec-
retary 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 geo-
thermal 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 Interior shall enter into a
memorandum of understanding to implement
the management plan described in subsection
(b).
(2) The duration of any such memoran-
dum of understanding shall be the same as
the period of withdrawal under section 8.
(3) The memorandum of understanding
may be amended by agreement of both Sec-
retaries.
(e) REEXAMINATION
OF LANDS
FOR SUIT-
ABILITY FOR MINING.—At least every five years
after the initial identification of lands suit-
able for opening to mining required by sub-
section (b)(3), the Secretary of the Army and
the Secretary of the Interior shall determine
those withdrawn lands, if any, which the Sec-
retaries consider suitable for opening to min-
ing, mineral and geothermal leasing, or min-
eral material disposal, and those acquired
lands, if any, which the Secretaries consider
suitable for opening to mineral and geo-
thermal leasing or mineral material disposal.
The Secretary of the Interior shall publish a
notice in the Federal Register listing the
lands determined suitable for opening and
specifying the opening date.
(f) USE OF CERTAIN RESOURCES.—The Sec-
retary of the Army is authorized to utilize
sand, gravel, or similar mineral or mineral
material resources when the use of such re-
sources 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 INTE-
RIOR.—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 Carson Reservation and Pinon Can-
yon Maneuver Site.
(b) EFFECT OF IDENTIFICATION OF LANDS AS
SUITABLE FOR MINING.—On the day specified
by the Secretary of the Interior in the notice
published in the Federal 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 oper-
ation 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 varieties’’
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 described in sections
2 and 3.
(d) REGULATIONS.—On lands identified for
opening to mining, mineral, and geothermal
leasing or mineral material disposal by sec-
tion 5(b)(3), or by subsequent amendments to
the management plan described in section 5,
all minerals contained in those lands shall be
subject to mining, 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 Mili-
tary 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 emer-
gency 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 min-
eral material disposal pursuant to this sec-
tion.
(f) MINING CLAIMS.—(1) Except as other-
wise provided in this Act, mining claims lo-
cated pursuant to this Act shall be subject to
the provisions of the Act of May 10, 1872 (com-
monly 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 do-
main.
(2) All mining claims located under the
terms of this Act shall be subject to the provi-
sions of the Federal Land Policy and Manage-
ment Act of 1976 (43 U.S.C. 1701 et seq.).
(g) PATENTS FOR LOCATABLE MINERALS.—(1)
Patents 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 ac-
tivities under the guidelines for such use es-
tablished by the Secretary of the Interior by
regulation.
(2) All such patents shall contain a res-
ervation 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 disposi-
tion 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, com-
monly known as the Materials Act of
1947 (30 U.S.C. 601 et seq.).
(iv) The Mineral Leasing for Ac-
quired Lands Act (30 U.S.C. 351 et
seq.).
(B) The term ‘‘mineral activities’’
means any activity for, related to, or inci-
dental to mineral exploration, mining,
beneficiation, and processing activities
for any locatable mineral, including ac-
cess.
SEC. 7. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the
lands withdrawn and reserved by this Act
shall be conducted in accordance 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 reservation established by this Act shall
terminate 15 years after the date of the enact-
ment of this Act.
(b) DETERMINATION
OF CONTINUING MILI-
TARY NEED.—(1) At least three years prior to
the termination under subsection (a) of the
withdrawal and reservation established by
this Act, the Secretary of the Army shall ad-
vise the Secretary of the Interior as to wheth-
er 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 con-
tinuing military need for any of the lands
after the termination date established by sub-
section (a), the Secretary of the Army, in ac-
cordance 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 with-
drawal and reservation of such lands in ac-
cordance with the regulations and procedures
of the Department of the Interior applicable
to the extension of withdrawals for military
uses. The Secretary of the Interior shall notify
the Congress concerning such filing.
(3) If the Secretary of the Army concludes
under paragraph (1) that prior to the termi-
nation date established 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 re-
served under this Act, the Secretary of the
Army shall file a notice of intention to relin-
quish 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 prepare a written
determination as to whether and to what ex-
tent the lands are contaminated with explo-
sive, toxic, or other hazardous materials. A
copy of the determination made by the Sec-
retary 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 contami-
nated 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 inten-
tion to relinquish under subsection (b)(3) is
contaminated, and the Secretary of the Inte-
rior, in consultation with the Secretary of the
Army, determines that decontamination is
practicable and economically feasible, taking
into consideration the potential future use
and value of the land, and that upon decon-
tamination, 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 decontaminate the land to
the extent that funds are appropriated for
such purpose.
(2) If the Secretaries of the Army and the
Interior conclude either that decontamina-
tion of any or all of the lands proposed for re-
linquishment is not practicable or economi-
cally feasible, or that the lands cannot be de-
contaminated 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 relinquish-
ment.
(3) If, because of their contaminated state,
the Secretary of the Interior declines under
paragraph (2) to accept 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 appropriate 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 with-
drawal, the Secretary of the Army shall
undertake no activities on such lands ex-
cept in connection with decontamination
of such lands; and
(C) the Secretary of the Army shall
report to the Secretary of the Interior
and to the Congress concerning the sta-
tus of such lands and all actions taken in
furtherance of the subsection.
eral Register an appropriate order which
shall—
(1) terminate the withdrawal and res-
ervation;
(2) constitute official acceptance of
full jurisdiction 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, including the min-
ing 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 ap-
proved and signed only by the Secretary of
the Interior, the Deputy Secretary of the Inte-
rior, or an Assistant Secretary of the Depart-
ment 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 geothermal
leasing activity conducted on lands compris-
ing 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 With-
drawal 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 depart-
ment concerned may utilize sand, gravel, or
similar mineral or material resources when
the use of such resources is required for con-
struction needs on the respective lands with-
drawn by this Act.’’.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appro-
priated such sums as may be necessary to
carry out the purposes of this Act.
HR 194 RH——2
HR 194 RH——3