H. R. 3230—387
(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 Fremont Coun-
ties, Colorado, as generally depicted on the map entitled ‘‘Fort
Carson Proposed Withdrawal—Fort Carson Base’’, dated February
6, 1992, and published in accordance with section 2904.
SEC. 2903. WITHDRAWAL AND RESERVATION OF LANDS AT PINON
CANYON MANEUVER SITE.
(a) WITHDRAWAL.—Subject to valid existing rights and except
as otherwise provided in this subtitle, 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(c) are hereby withdrawn from all forms of appropriation under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, including the mining laws, the mineral and
geothermal leasing laws, and the mineral materials disposal 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(b) RESERVATION.—The lands withdrawn under subsection (a)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, Colorado, as gen-
erally depicted on the map entitled ‘‘Fort Carson Proposed With-
drawal—Fort Carson Maneuver Area—Pinon Canyon site’’, dated
February 6, 1992, and published in accordance with section 2904.
SEC. 2904. MAPS AND LEGAL DESCRIPTIONS.
(a) PREPARATION OF MAPS AND LEGAL DESCRIPTION.—As soon
as practicable after the date of the enactment of this subtitle,
the Secretary of the Interior shall prepare maps depicting the
lands withdrawn and reserved by this subtitle and publish in the
Federal Register a notice containing the legal description of such
lands.
(b) LEGAL EFFECT.—Such maps and legal descriptions shall
have the same force and effect as if they were included in this
subtitle, except that the Secretary of the Interior may correct cleri-
cal and typographical errors in such maps and legal descriptions.
(c) AVAILABILITY OF MAPS AND LEGAL DESCRIPTION.—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 Management
and in the offices of the Commander of Fort Carson, Colorado.
(d) COSTS.—The Secretary of the Army shall reimburse the
Secretary of the Interior for the costs of implementing this section.
SEC. 2905. MANAGEMENT OF WITHDRAWN LANDS.
(a) MANAGEMENT GUIDELINES.—
(1) MANAGEMENT BY SECRETARY OF THE ARMY.—Except as
provided in section 2906, during the period of withdrawal,
the Secretary of the Army shall manage for military pur-
poses the lands covered by this subtitle and may authorize
use of the lands by the other military departments and agencies
H. R. 3230—388
of the Department of Defense, and the National Guard, as
appropriate.
(2) ACCESS RESTRICTIONS.—When military operations, pub-
lic safety, or national security, as determined by the Secretary
of the Army, require the closure of roads and trails on the
lands withdrawn by this subtitle 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 clo-
sures.
(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 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 Manage-
ment as compensation 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 management of acquired lands and
lands withdrawn under sections 2902 and 2903 for the period
of withdrawal. The plan shall—
(A) be consistent with applicable law;
(B) 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;
and
(C) identify those withdrawn and acquired lands, if
any, which are to be open to mining or mineral and geo-
thermal leasing, including mineral materials disposal.
(2) TIME
FOR
DEVELOPMENT.—The management plan
required by this subsection shall be developed not later than
5 years after the date of the enactment of this subtitle.
(c) IMPLEMENTATION OF MANAGEMENT PLAN.—
(1) MEMORANDUM OF UNDERSTANDING REQUIRED.—The Sec-
retary of the Army and the Secretary of the Interior shall
enter into a memorandum of understanding to implement the
management 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 2908(a).
(3) AMENDMENT.—The memorandum of understanding may
be amended by agreement of both Secretaries.
(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 withdrawn by this subtitle when
the use of such resources is required for construction needs of
the Fort Carson Reservation or Pinon Canyon Maneuver Site.
H. R. 3230—389
SEC. 2906. MANAGEMENT OF WITHDRAWN AND ACQUIRED MINERAL
RESOURCES.
Except as provided in section 2905(d), the Secretary of the
Interior shall manage all withdrawn and acquired mineral 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 appropriation
under the public land laws.
SEC. 2907. HUNTING, FISHING, AND TRAPPING.
All hunting, fishing, and trapping on the lands withdrawn
and reserved by this subtitle shall be conducted in accordance
with section 2671 of title 10, United States Code.
SEC. 2908. TERMINATION OF WITHDRAWAL AND RESERVATION.
(a) TERMINATION DATE.—The withdrawal and reservation made
by this subtitle shall terminate 15 years after the date of the
enactment of this subtitle.
(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 subtitle, 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
military need for any of the lands after the termination date.
(2) METHOD OF MAKING DETERMINATION.—If the Secretary
of the Army concludes under paragraph (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 Colorado
concerning such evaluation; and
(C) file, after completing the requirements of subpara-
graphs (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 Interior applicable to the extension of withdrawals
for military uses.
(3) NOTIFICATION.—The Secretary of the Interior 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 termi-
nation date established by subsection (a) there will be no military
need for all or any part of the lands withdrawn and reserved
by this subtitle, or if, during the period of withdrawal, the Secretary
of the Army otherwise decides to relinquish any or all of the
lands withdrawn and reserved under this subtitle, 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 RELINQUISHMENT.—
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
H. R. 3230—390
the withdrawal and reservation established by this subtitle as it
applies to the lands proposed for relinquishment. Should the deci-
sion be made to revoke the withdrawal and reservation, the Sec-
retary 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 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 mining
laws if appropriate.
SEC. 2909. DETERMINATION OF PRESENCE OF CONTAMINATION AND
EFFECT OF CONTAMINATION.
(a) DETERMINATION OF PRESENCE OF CONTAMINATION.—
(1) BEFORE RELINQUISHMENT NOTICE.—Before filing a relin-
quishment notice under section 2908(c), the Secretary of the
Army shall prepare a written determination as to whether
and to what extent the lands to be relinquished are contami-
nated 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 subtitle are contaminated to an extent
which prevents opening such contaminated lands to operation
of the public land laws.
(b) PROGRAM OF DECONTAMINATION.—
(1) IN
GENERAL.—Throughout the duration of the with-
drawal and reservation made by this subtitle, the Secretary
of the Army, to the extent funds are made available, shall
maintain a program of decontamination of the lands withdrawn
by this subtitle at least at the level of effort carried out during
fiscal year 1992.
(2) DECONTAMINATION OF LANDS TO BE RELINQUISHED.—
In the case of lands subject to a relinquishment notice under
section 2908(c) that are contaminated, the Secretary of the
Army shall decontaminate the land to the extent that funds
are appropriated for such purpose if the Secretary of the
Interior, in consultation with the Secretary of the Army, deter-
mines that—
(A) decontamination of the lands is practicable and
economically feasible, taking into consideration the poten-
tial 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 Secretary of the Interior conclude
that—
H. R. 3230—391
(1) decontamination of any or all of the lands proposed
for relinquishment is not practicable or economically feasible;
(2) the lands cannot be decontaminated sufficiently 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 subsection (a)(2) that some of the lands
withdrawn by this subtitle 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 appropriate 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 decontamination 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 jurisdiction over the lands.
(f) EFFECT ON OTHER LAWS.—Nothing in this subtitle shall
affect, or be construed to affect, the obligations of the Secretary
of the Army, if any, to decontaminate lands withdrawn by this
subtitle pursuant to applicable law, including the Comprehensive
Environmental Response Compensation 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. 2910. DELEGATION.
The functions of the Secretary of the Army under this subtitle
may be delegated. The functions of the Secretary of the Interior
under this subtitle may be delegated, except that the order referred
to in section 2908(d) may be approved and signed only by the
Secretary of the Interior, the Deputy Secretary of the Interior,
or an Assistant Secretary of the Department of the Interior.
SEC. 2911. HOLD HARMLESS.
Any party conducting any mining, mineral, or geothermal leas-
ing 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 arising from or
relating to such mining activities, including costs of mineral mate-
rials disposal, whether arising under the Comprehensive Environ-
mental Response Compensation and Liability Act of 1980, the Solid
Waste Disposal Act, or otherwise.
H. R. 3230—392
SEC. 2912. 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. 2913. AUTHORIZATION OF APPROPRIATIONS.
There are hereby authorized to be appropriated such sums
as may be necessary to carry out the purposes of this subtitle.
Subtitle B—El Centro Naval Air Facility
Ranges Withdrawal
SEC. 2921. SHORT TITLE AND DEFINITIONS.
(a) SHORT TITLE.—This subtitle may be cited as the ‘‘El Centro
Naval Air Facility Ranges Withdrawal Act’’.
(b) DEFINITIONS.—In this subtitle:
(1) The term ‘‘El Centro’’ means the Naval Air Facility,
El Centro, California.
(2) The term ‘‘cooperative agreement’’ means the coopera-
tive agreement entered into between the Bureau of Land
Management, the Bureau of Reclamation, and the Department
of the Navy, dated June 29, 1987, with regard to the defense-
related uses of Federal lands to further the mission of El
Centro.
(3) The term ‘‘relinquishment notice’’ means a notice of
intention by the Secretary of the Navy under section 2928(a)
to relinquish, before the termination date specified in section
2925, the withdrawal and reservation of certain lands with-
drawn under this subtitle.
SEC. 2922. WITHDRAWAL AND RESERVATION OF LANDS FOR EL
CENTRO.
(a) WITHDRAWALS.—Subject to valid existing rights, and except
as otherwise provided in this subtitle, the Federal lands utilized
in the mission of the Naval Air Facility, El Centro, California,
that are described in subsection (c) are hereby withdrawn from
all forms of appropriation under the public land laws, including
the mining laws, but not the mineral leasing or geothermal leasing
laws or the mineral materials sales laws.
(b) RESERVATION.—The lands withdrawn under subsection (a)
are reserved for the use by the Secretary of the Navy—
(1) for defense-related purposes in accordance with the
cooperative agreement; and
(2) subject to notice to the Secretary of the Interior under
section 2924(e), for other defense-related purposes determined
by the Secretary of the Navy.
H. R. 3230—393
(c) DESCRIPTION OF WITHDRAWN LANDS.—The lands withdrawn
and reserved under subsection (a) are—
(1) the Federal lands comprising approximately 46,600
acres in Imperial County, California, as generally depicted in
part on a map entitled ‘‘Exhibit A, Naval Air Facility, El
Centro, California, Land Acquisition Map, Range 2510 (West
Mesa)’’ and dated March 1993 and in part on a map entitled
‘‘Exhibit B, Naval Air Facility, El Centro, California, Land
Acquisition Map Range 2512 (East Mesa)’’ and dated March
1993; and
(2) and all other areas within the boundaries of such lands
as depicted on such maps that may become subject to the
operation of the public land laws.
SEC. 2923. MAPS AND LEGAL DESCRIPTIONS.
(a) PUBLICATION AND FILING REQUIREMENTS.—As soon as prac-
ticable after the date of the enactment of this subtitle, the Secretary
of the Interior shall—
(1) publish in the Federal Register a notice containing
the legal description of the lands withdrawn and reserved under
this subtitle; and
(2) file maps and the legal description of the lands with-
drawn and reserved under this subtitle with the Committee
on Energy and Natural Resources of the Senate and with
the Committee on Resources of the House of Representatives.
(b) LEGAL EFFECT.—The maps and legal description prepared
under subsection (a) shall have the same force and effect as if
they were included in this subtitle, except that the Secretary of
the Interior may correct clerical and typographical errors in the
maps and legal description.
(c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies of the maps
and legal description prepared under subsection (a) shall be avail-
able for public inspection in—
(1) the Office of the State Director, California State Office
of the Bureau of Land Management, Sacramento, California;
(2) the Office of the District Manager, California Desert
District of the Bureau of Land Management, Riverside,
California; and
(3) the Office of the Commanding Officer, Marine Corps
Air Station, Yuma, Arizona.
(d) REIMBURSEMENT.—The Secretary of Navy shall reimburse
the Secretary of the Interior for the cost of implementing this
section.
SEC. 2924. MANAGEMENT OF WITHDRAWN LANDS.
(a) MANAGEMENT
CONSISTENT
WITH
COOPERATIVE
AGREE-
MENT.—The lands and resources shall be managed in accordance
with the cooperative agreement, revised as necessary to conform
to the provisions of this subtitle. The parties to the cooperative
agreement shall review the cooperative agreement for conformance
with this subtitle and amend the cooperative agreement, if appro-
priate, within 120 days after the date of the enactment of this
subtitle. The term of the cooperative agreement shall be amended
so that its duration is at least equal to the duration of the with-
drawal made by section 2925. The cooperative agreement may be
reviewed and amended by the managing agencies as necessary.
(b) MANAGEMENT BY SECRETARY OF THE INTERIOR.—
H. R. 3230—394
(1) GENERAL MANAGEMENT AUTHORITY.—During the period
of withdrawal, the Secretary of the Interior shall manage the
lands withdrawn and reserved under this subtitle pursuant
to the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and other applicable laws, including this
subtitle.
(2) SPECIFIC AUTHORITIES.—To the extent consistent with
applicable laws, Executive orders, and the cooperative agree-
ment, the lands withdrawn and reserved under this subtitle
may be managed in a manner permitting—
(A) protection of wildlife and wildlife habitat;
(B) control of predatory and other animals;
(C) the prevention and appropriate suppression of
brush and range fires resulting from nonmilitary activities;
and
(D) geothermal leasing and development and related
power production, mineral leasing and development, and
mineral material sales.
(3) EFFECT OF WITHDRAWAL.—The Secretary of the Interior
shall manage the lands withdrawn and reserved under this
subtitle, in coordination with the Secretary of the Navy, such
that all nonmilitary use of such lands, including the uses
described in paragraph (2), shall be subject to such conditions
and restrictions as may be necessary to permit the military
use of such lands for the purposes specified in the cooperative
agreement or authorized pursuant to this subtitle.
(c) CERTAIN ACTIVITIES SUBJECT TO CONCURRENCE OF NAVY.—
The Secretary of the Interior may issue a lease, easement,
right-of-way, or other authorization with respect to the nonmilitary
use of the withdrawn lands only with the concurrence of the Sec-
retary of the Navy and under the terms of the cooperative agree-
ment.
(d) ACCESS RESTRICTIONS.—If the Secretary of the Navy deter-
mines that military operations, public safety, or national security
require the closure to public use of any road, trail, or other portion
of the lands withdrawn under this subtitle, the Secretary may
take such action as the Secretary determines necessary or desirable
to effect and maintain such closure. Any such closure shall be
limited to the minimum areas and periods which the Secretary
of the Navy determines are required to carry out this subsection.
Before and during any closure under this subsection, the Secretary
of the Navy shall keep appropriate warning notices posted and
take appropriate steps to notify the public concerning such closures.
(e) ADDITIONAL MILITARY USES.—Lands withdrawn under this
subtitle may be used for defense-related uses other than those
specified in the cooperative agreement. The Secretary of the Navy
shall promptly notify the Secretary of the Interior in the event
that the lands withdrawn under this subtitle will be used for
additional defense-related purposes. Such notification shall indicate
the additional use or uses involved, the proposed duration of such
uses, and the extent to which such additional military uses of
the withdrawn lands will require that additional or more stringent
conditions or restrictions be imposed on otherwise-permitted non-
military uses of all or any portion of the withdrawn lands.
H. R. 3230—395
SEC. 2925. DURATION OF WITHDRAWAL AND RESERVATION.
The withdrawal and reservation made under this subtitle shall
terminate 25 years after the date of the enactment of this subtitle.
SEC. 2926. CONTINUATION 
OF 
ONGOING 
DECONTAMINATION
ACTIVITIES.
Throughout the duration of the withdrawal and reservation
made under this subtitle, and subject to the availability of funds,
the Secretary of the Navy shall maintain a program of decontamina-
tion of the lands withdrawn under this subtitle at least at the
level of decontamination activities performed on such lands in fiscal
year 1995. Such activities shall be subject to applicable laws, such
as the amendments made by the Federal Facility Compliance Act
of 1992 (Public Law 102–386; 106 Stat. 1505) and the Defense
Environmental Restoration Program established under section 2701
of title 10, United States Code.
SEC. 2927. REQUIREMENTS FOR EXTENSION.
(a) NOTICE OF CONTINUED MILITARY NEED.—Not later than
five years before the termination date specified in section 2925,
the Secretary of the Navy shall advise the Secretary of the Interior
as to whether or not the Navy will have a continuing military
need for any or all of the lands withdrawn and reserved under
this subtitle after the termination date.
(b) APPLICATION FOR EXTENSION.—If the Secretary of the Navy
determines that there will be a continuing military need for any
or all of the withdrawn lands after the termination date specified
in section 2925, the Secretary of the Navy shall file an application
for extension of the withdrawal and reservation of the lands in
accordance with the then existing regulations and procedures of
the Department of the Interior applicable to extension of withdrawal
of lands for military purposes and that are consistent with this
subtitle. Such application shall be filed with the Department of
the Interior not later than four years before the termination date.
(c) EXTENSION
PROCESS.—The withdrawal and reservation
established by this subtitle may not be extended except by an
Act or Joint Resolution of Congress.
SEC. 2928. EARLY RELINQUISHMENT OF WITHDRAWAL.
(a) FILING OF RELINQUISHMENT NOTICE.—If, during the period
of withdrawal and reservation specified in section 2925, the Sec-
retary of the Navy decides to relinquish all or any portion of
the lands withdrawn and reserved under this subtitle, the Secretary
of the Navy shall file a notice of intention to relinquish with
the Secretary of the Interior.
(b) DETERMINATION OF PRESENCE OF CONTAMINATION.—Before
transmitting a relinquishment notice under subsection (a), the Sec-
retary of the Navy, in consultation with the Secretary of the
Interior, shall prepare a written determination concerning whether
and to what extent the lands to be relinquished are contaminated
with explosive, toxic, or other hazardous wastes and substances.
A copy of such determination shall be transmitted with the relin-
quishment notice.
(c) DECONTAMINATION
AND
REMEDIATION.—In the case of
contaminated lands which are the subject of a relinquishment
notice, the Secretary of the Navy shall decontaminate or remediate
the land to the extent that funds are appropriated for such purpose