[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1134 Enrolled Bill (ENR)]

<DOC>

        H.R.1134

                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
 the twenty-fifth day of January, one thousand nine hundred and ninety-
                                  four


                                 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.

    Be it enacted by the Senate and House of Representatives 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 accordance with this Act the 
approximately 14,000 acres of public 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, administrative 
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 pertaining to the 
National Forest System and the Arapaho National Forest.
    (b) Administrative Provisions._(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 
Conservation Fund Act of 1965 (78 Stat. 903, as amended; 16 U.S.C. 
460l-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, except that any such 
right or authorization shall be administered by the Forest Service in 
accordance with this section and other applicable laws. Reissuance of 
any such authorization 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 SILVER PLUME AND GEORGETOWN, COLORADO.
    (a) Transfer._Subject to 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 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 Division of Wildlife, the Colorado State Historical 
    Society, the town of Silver Plume, the town of Georgetown, and the 
    County of Clear Creek, which is dated January 1989; the 
    stipulations related to the preservation 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 ``Recreation 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 conveyance_
            (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 subsection.
        (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 occurrence. All sums paid to the Secretary 
    of the Interior under this paragraph shall be retained by the 
    Secretary and subject to appropriation, used for management 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 2, 
along with any public lands on that map within the corporate boundaries 
of the towns of Georgetown or Silver Plume, Colorado as of January 1, 
1993 to Clear Creek County, Colorado (hereinafter in this section 
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 Secretary 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 regulations 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 methodology 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 market 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 determines to be equal to the PCounty'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 determining the 
    amounts to be paid by the County pursuant 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 
    incurred by the County, including_
            (i) expenses for necessary surveying, mapping, and other 
        site characterization, and appraisals;
            (ii) historical preservation and environmental 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 be held by the recipient thereof under the same terms 
and conditions as if transferred by the United States under such Act, 
except that such terms and conditions 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 
retained 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 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 leasing 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 known as the Materials Act of 1947 (30 
    U.S.C. 601 and following).
    (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 gen- eral 
mining laws within the public lands referred to in sections 4 and 5.

SEC. 7. MISCELLANEOUS PROVISIONS.

    (a) Inspections._Notwithstanding any other provision 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 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 otherwise.
    (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 substances placed on any of the lands 
covered by this Act after their transfer to the ownership of another 
party, but nothing in this 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 their transfer to 
the ownership of another party.
    (c) Accounting._For purposes of the distribution 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 
documents submitted to justify proposed appropriations for the Bureau 
of Land Management.







                               Speaker of the House of Representatives.







                            Vice President of the United States and    
                                               President of the Senate.