I
104TH CONGRESS
1ST SESSION
H. R. 256
To withdraw and reserve certain public lands and minerals within the State
of Colorado for military uses, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. HEFLEY introduced the following bill; which was referred to the Commit-
tee on National Security and, in addition, to the Committee on Re-
sources, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned
A BILL
To withdraw and reserve certain public lands and minerals
within the State of Colorado for military uses, 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 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 contents 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 Reserva-
tion.
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 Management of withdrawn lands.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 Management of withdrawn and acquired mineral resources.
Sec. 7. Hunting, fishing, and trapping.
Sec. 8. Termination of withdrawal and reservation.
Sec. 9. Determination of presence of contamination and effect of contamina-
tion.
Sec. 10. Delegation.
Sec. 11. Hold harmless.
Sec. 12. Amendment to Military Lands Withdrawal Act of 1986.
Sec. 13. 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, Colorado, that
are described in subsection (c) are hereby withdrawn from
all forms of appropriation under the public land laws, in-
cluding the mining laws, the mineral and geothermal leas-
ing laws, and the mineral materials disposal laws.
(b) RESERVATION.—The lands withdrawn under sub-
section (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 consist-
ent 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 Fremont Counties, Colorado, as generally de-
picted on the map entitled ‘‘Fort Carson Proposed With-
drawal—Fort Carson Base’’, dated February 6, 1992, and
published 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 Maneuver Site, Colorado, that are
described in subsection (c) are hereby withdrawn from all
forms of appropriation under the public land laws, includ-
ing the mining laws, the mineral and geothermal leasing
laws, and the mineral materials disposal laws.
(b) RESERVATION.—The lands withdrawn under sub-
section (a) are reserved for use by the Secretary of the
Army—
(1) for military maneuvering and training; and
(2) for other defense related purposes consist-
ent 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, Colorado, as generally depicted on the map enti-
tled ‘‘Fort Carson Proposed Withdrawal—Fort Carson
Maneuver Area—Pinon Canyon site’’, dated February 6,
1992, and published in accordance with section 4.
SEC. 4. MAPS AND LEGAL DESCRIPTIONS.
(a) PREPARATION OF MAPS AND LEGAL DESCRIP-
TION.—As soon as practicable after the date of the enact-
ment of this Act, the Secretary of the Interior shall pre-
pare maps depicting the lands withdrawn and reserved by
this Act and publish in the Federal Register a notice con-
taining the legal description of such lands.
(b) LEGAL EFFECT.—Such maps and legal descrip-
tions shall have the same force and effect as if they were
included in this Act, except that the Secretary of the Inte-
rior may correct clerical and typographical errors in such
maps and legal descriptions.
(c) AVAILABILITY OF MAPS AND LEGAL DESCRIP-
TION.—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 District Manager
of the Bureau of Land Management and in the offices of
the Commander of Fort Carson, Colorado.
(d) COSTS.—The Secretary of the Army shall reim-
burse the Secretary of the Interior for the costs of imple-
menting this section.
SEC. 5. MANAGEMENT OF WITHDRAWN LANDS.
(a) MANAGEMENT GUIDELINES.—
(1) MANAGEMENT
BY
SECRETARY
OF
THE
ARMY.—Except as provided in section 6, during the
period of withdrawal, the Secretary of the Army
shall manage for military purposes the lands covered
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) ACCESS RESTRICTIONS.—When military op-
erations, public safety, or national security, as deter-
mined by the Secretary of the Army, require the clo-
sure of roads and trails on the lands withdrawn by
this Act commonly in public use, the Secretary of
the Army is authorized to take such action, except
that such closures shall be limited to the minimum
areas and periods required for the purposes specified
in this subsection. Appropriate warning notices shall
be kept posted during closures.
(3) SUPPRESSION OF FIRES.—The Secretary of
the Army shall take necessary precautions to prevent
and suppress brush and range fires occurring within
and outside the lands as a result of military activi-
ties and may seek assistance from the Bureau of
Land Management in suppressing such fires. The
memorandum of understanding required by this sec-
tion 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.—
(1) DEVELOPMENT REQUIRED.—The Secretary
of the Army, with the concurrence of the Secretary
of the Interior, shall develop a plan for the manage-
ment of acquired lands and lands withdrawn under
sections 2 and 3 for the period of withdrawal. The
plan shall—
(A) be consistent with applicable law;
(B) include such provisions as may be nec-
essary for proper resource management and
protection of the natural, cultural, and other re-
sources and values of such lands; and
(C) identify those withdrawn and acquired
lands, if any, which are to be open to mining
or mineral and geothermal leasing, including
mineral materials disposal.
(2) TIME FOR DEVELOPMENT.—The manage-
ment plan required by this subsection shall be devel-
oped not later than 5 years after the date of the en-
actment of this Act.
(c) IMPLEMENTATION OF MANAGEMENT PLAN.—
(1) MEMORANDUM
OF
UNDERSTANDING
RE-
QUIRED.—The Secretary of the Army and the Sec-
retary of the Interior shall enter into a memoran-
dum of understanding to implement the manage-
ment plan developed under subsection (b).
(2) DURATION.—The duration of any such
memorandum of understanding shall be the same as
the period of withdrawal specified in section 8(a).
(3) AMENDMENT.—The memorandum of under-
standing may be amended by agreement of both Sec-
retaries.
(d) USE OF CERTAIN RESOURCES.—The Secretary of
the Army is authorized to utilize sand, gravel, or similar
mineral or mineral material resources from the lands with-
drawn by this Act when the use of such resources is re-
quired for construction needs of the Fort Carson Reserva-
tion or Pinon Canyon Maneuver Site.
SEC. 6. MANAGEMENT OF WITHDRAWN AND ACQUIRED
MINERAL RESOURCES.
Except as provided in section 5(d), the Secretary of
the Interior shall manage all withdrawn and acquired min-
eral resources within the boundaries of the Fort Carson
Military Reservation and Pinon Canyon Maneuver Site in
the same manner as provided in section 12 of the Military
Lands Withdrawal Act of 1986 (Public Law 99–606; 100
Stat. 3466) for mining and mineral leasing on certain
lands withdrawn by that Act from all forms of appropria-
tion under the public land laws.
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 RESERVA-
TION.
(a) TERMINATION DATE.—The withdrawal and res-
ervation made by this Act shall terminate 15 years after
the date of the enactment of this Act.
(b) DETERMINATION
OF
CONTINUING
MILITARY
NEED.—
(1) 
DETERMINATION
REQUIRED.—At 
least
three years before the termination under subsection
(a) of the withdrawal and reservation established by
this Act, the Secretary of the Army shall advise the
Secretary of the Interior as to whether or not the
Department of the Army will have a continuing mili-
tary need for any of the lands after the termination
date.
(2) METHOD OF MAKING DETERMINATION.—If
the Secretary of the Army concludes under para-
graph (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 accordance with applicable law, shall—
(A) evaluate the environmental effects of
renewal of such withdrawal and reservation;
(B) hold at least one public hearing in Col-
orado concerning such evaluation; and
(C) file, after completing the requirements
of subparagraphs (A) and (B), an application
for extension of the withdrawal and reservation
of such lands in accordance with the regulations
and procedures of the Department of the Inte-
rior applicable to the extension of withdrawals
for military uses.
(3) NOTIFICATION.—The Secretary of the Inte-
rior shall notify the Congress concerning a filing
under paragraph (3)(C).
(c) EARLY RELINQUISHMENT OF WITHDRAWAL.—If
the Secretary of the Army concludes under subsection (b)
that before the termination date established by subsection
(a) there will be no military need for all or any part of
the lands withdrawn and reserved by this Act, or if, during
the period of withdrawal, the Secretary of the Army other-
wise decides to relinquish any or all of the lands with-
drawn and reserved under this Act, the Secretary of the
Army shall file with the Secretary of the Interior a notice
of intention to relinquish such lands.
(d) 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, may revoke the with-
drawal and reservation established by this Act as it applies
to the lands proposed for relinquishment. Should the deci-
sion be made to revoke the withdrawal and reservation,
the Secretary of the Interior shall publish in the Federal
Register 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.
SEC. 9. DETERMINATION OF PRESENCE OF CONTAMINA-
TION AND EFFECT OF CONTAMINATION.
(a) DETERMINATION OF PRESENCE OF CONTAMINA-
TION.—
(1) BEFORE
RELINQUISHMENT
NOTICE.—Be-
fore filing a relinquishment notice under section
8(c), the Secretary of the Army shall prepare a writ-
ten determination as to whether and to what extent
the lands to be relinquished 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 relinquishment
notice. Copies of both the relinquishment notice and
the determination under this subsection shall be
published in the Federal Register by the Secretary
of the Interior.
(2) UPON TERMINATION OF WITHDRAWAL.—At
the expiration of the withdrawal period made by this
Act, the Secretary of the Interior shall determine
whether and to what extent the lands withdrawn by
this Act are contaminated to an extent which pre-
vents opening such contaminated lands to operation
of the public land laws.
(b) PROGRAM OF DECONTAMINATION.—
(1) IN GENERAL.—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.
(2) DECONTAMINATION OF LANDS TO BE RE-
LINQUISHED.—In the case of lands subject to a re-
linquishment notice under section 8(c) that are con-
taminated, the Secretary of the Army shall decon-
taminate the land to the extent that funds are ap-
propriated for such purpose if the Secretary of the
Interior, in consultation with the Secretary of the
Army, determines that—
(A) decontamination of the lands is prac-
ticable and economically feasible, taking into
consideration the potential future use and value
of the land; and
(B) upon decontamination, the land could
be opened to the operation of some or all of the
public land laws, including the mining laws.
(c) AUTHORITY OF SECRETARY OF THE INTERIOR TO
REFUSE CONTAMINATED LANDS.—The Secretary of the
Interior shall not be required to accept lands proposed for
relinquishment if the Secretary of the Army and the Sec-
retary of the Interior conclude that—
(1) decontamination of any or all of the lands
proposed for relinquishment is not practicable or
economically feasible;
(2) the lands cannot be decontaminated suffi-
ciently to allow them to be opened to the operation
of the public land laws; or
(3) insufficient funds are appropriated for the
purpose of decontaminating the lands.
(d) EFFECT OF CONTINUED CONTAMINATION.—If
the Secretary of the Interior declines under subsection (c)
to accept jurisdiction of lands proposed for relinquishment
or if the Secretary of the Interior determines under sub-
section (a)(2) that some of the lands withdrawn by this
Act are contaminated to an extent that prevents opening
the contaminated lands to operation of the public land
laws—
(1) 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;
(2) 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
(3) 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 under paragraphs (1) and (2).
(e) EFFECT OF SUBSEQUENT DECONTAMINATION.—
If the lands described in subsection (d) 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 juris-
diction over the lands.
(f) EFFECT ON OTHER LAWS.—Nothing in this Act
shall affect, or be construed to affect, the obligations of
the Secretary of the Army, if any, to decontaminate lands
withdrawn by this Act pursuant to applicable law, includ-
ing the Comprehensive Environmental Response Com-
pensation and Liability Act of 1980 (42 U.S.C. 9601 et
seq.) and the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.).
SEC. 10. 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(d) 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. 11. HOLD HARMLESS.
(a) IN GENERAL.—The United States shall be held
harmless and shall not be liable for any injuries or dam-
ages to persons or property suffered in the course of any
mining, mineral activity, or geothermal leasing activity
conducted on lands comprising the Fort Carson Reserva-
tion or Pinon Canyon Maneuver Site, including liabilities
to non-Federal entities under section 107 or 113 of the
Comprehensive Environmental Response Compensation
and Liability Act of 1980 (42 U.S.C. 9607, 9613), or sec-
tion 7003 of the Solid Waste Disposal Act (42 U.S.C.
6973).
(b) INDEMNIFICATION.—Any party conducting any
mining, mineral, or geothermal leasing activity on lands
comprising the Fort Carson Reservation or Pinon Canyon
Maneuver Site shall indemnify the United States against
any costs, fees, damages, or other liabilities (including
costs of litigation) incurred by the United States and aris-
ing from or relating to such mining activities, including
costs of mineral materials disposal, whether arising under
the Comprehensive Environmental Response Compensa-
tion and Liability Act of 1980, the Solid Waste Disposal
Act, or otherwise.
SEC. 12. AMENDMENT TO MILITARY LANDS WITHDRAWAL
ACT OF 1986.
(a) USE OF CERTAIN RESOURCES.—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
the following new paragraph:
‘‘(2) Subject to valid existing rights, the Secretary
of the military department concerned may utilize sand,
gravel, or similar mineral or material resources when the
use of such resources is required for construction needs
on the respective lands withdrawn by this Act.’’.
(b) TECHNICAL CORRECTION.—Section 9(b) of the
Military Lands Withdrawal Act of 1986 (Public Law 99–
606; 100 Stat. 3466) is amended by striking ‘‘section
7(f)’’ and inserting in lieu thereof ‘‘section 8(f)’’.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such
sums as may be necessary to carry out the purposes of
this Act.
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