Union Calendar No. 36
103D CONGRESS
1ST SESSION
H. R. 194
[Report No. 103–56 Parts I and II]
A BILL
To withdraw and reserve certain public lands and
minerals within the State of Colorado for mili-
tary uses, and for other purposes.
MAY 6, 1993
Reported from the Committee on Armed Services with an
amendment, committed to the Committee of the Whole
House and ordered to be printed
IB
Union Calendar No. 36
103D CONGRESS
1ST SESSION
H. R. 194
[Report No. 103–56 Parts I and II]
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 5, 1993
Mr. HEFLEY introduced the following bill; which was referred jointly to the
Committees on Natural Resources and Armed Services
APRIL 19, 1993
Reported from the Committee on Natural Resources with amendments
[Omit the part struck-through in brackets and insert the part printed in italic]
MAY 6, 1993
Reported from the Committee on Armed Services with an amendment,
committed to the Committee of the Whole House and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in boldface roman]
[For text of introduced bill, see copy of bill as introduced on January 5, 1993]
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 Management of withdrawn lands.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 Management of withdrawn and acquired mineral resources.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 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
appropriation under the public land laws, including the
mining laws and the mineral and geothermal leasing 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 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 Maneuver Site that are described in
subsection (c) are hereby withdrawn from all forms of ap-
propriation under the public land laws, including the min-
ing laws and the mineral and geothermal leasing 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
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 with-
drawn 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 In-
sular Affairs of the House of Representatives.
(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) LOCATION OF COPIES.—Copies of such maps and
legal descriptions shall be available for public inspection
in the offices of the Colorado State Director and the
Canon City District Manager of the Bureau of Land Man-
agement, and the Commander, 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) Except as pro-
vided 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) When military operations, public safety, or na-
tional 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, ex-
cept 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) 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 mili-
tary activities and may seek assistance from the Bureau
of Land Management in suppressing such fires. The
memorandum of understanding 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 compensation for such assistance.
(b) MANAGEMENT PLAN.—The Secretary of the
Army, with the concurrence of the Secretary of the Inte-
rior, shall develop a plan for the management of acquired
lands and lands withdrawn under sections 2 and 3 for the
period of withdrawal. The plan shall—
(1) be consistent with applicable law;
(2) include such provisions as may be necessary
for proper resource management and protection of
the natural, cultural, and other resources and values
of such lands;
(3)
identify
those
withdrawn
and
acquired
lands, if any, which are to be open to mining or min-
eral and geothermal leasing, including mineral mate-
rials disposal; and
(4) be developed not later than 5 years after
the date of enactment of this Act.
(c) LISTING OF LANDS SUITABLE FOR MINING.—On
completion of the management plan prepared pursuant to
subsection (b), the Secretary 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 geothermal 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 Inte-
rior shall enter into a memorandum of understanding to
implement the management plan described in subsection
(b).
(2) The duration of any such memorandum of under-
standing shall be the same as the period of withdrawal
under section 8.
(3) The memorandum of understanding may be
amended by agreement of both Secretaries.
(e) REEXAMINATION OF LANDS FOR SUITABILITY
FOR MINING.—At least every five years after the initial
identification of lands suitable for opening to mining re-
quired by subsection (b)(3), the Secretary of the Army and
the Secretary of the Interior shall determine those with-
drawn lands, if any, which the Secretaries consider suit-
able for opening to mining, mineral and geothermal leas-
ing, or mineral material disposal, and those acquired
lands, if any, which the Secretaries consider suitable for
opening to mineral and geothermal leasing or mineral ma-
terial disposal. The Secretary of the Interior shall publish
a notice in the Federal Register listing the lands deter-
mined suitable for opening and specifying the opening
date.
(f) USE OF CERTAIN RESOURCES.—The Secretary of
the Army is authorized to utilize sand, gravel, or similar
mineral or mineral material resources when the use of
such resources 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 INTERIOR.—
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 Car-
son Reservation and Pinon Canyon Maneuver Site.
(b) EFFECT OF IDENTIFICATION OF LANDS AS SUIT-
ABLE FOR MINING.—On the day specified by the Sec-
retary of the Interior in the notice published in the Fed-
eral 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