[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1134 Reported in House (RH)]

                                                  Union Calendar No. 77

103d CONGRESS

  1st Session

                               H. R. 1134

                          [Report No. 103-141]

_______________________________________________________________________

                                 A BILL

 To provide for the transfer of certain public lands located in Clear 
Creek County, Colorado, to the United States Forest Service, the State 
 of Colorado, and certain local governments in the State of Colorado, 
                        and for other purposes.

_______________________________________________________________________

                             June 21, 1993

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed





                                                  Union Calendar No. 77
103d CONGRESS
  1st Session
                                H. R. 1134

                          [Report No. 103-141]

 To provide for the transfer of certain public lands located in Clear 
Creek County, Colorado, to the United States Forest Service, the State 
 of Colorado, and certain local governments in the State of Colorado, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1993

  Mr. Skaggs introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                             June 21, 1993

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To provide for the transfer of certain public lands located in Clear 
Creek County, Colorado, to the United States 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 -S-e-p-t-e-m-b-e-r -1-9-9-1 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-,-5-0-0 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) 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. 4601-9) 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 -5-0-0 600 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-,-3-0-0 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 -t-i-t-l-e 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-,-3-0-0 7,400 acres of 
public lands described as ``Parts III Lands'' on the map referred to in 
section 202, 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-) -t-h-e -S-e-c-r-e-t-a-r-y -a-n-d -t-h-e -C-o-u-n-t-y 
        -h-a-v-e -r-e-a-c-h-e-d -a-n -a-g-r-e-e-m-e-n-t -a-s -t-o 
        -w-h-a-t -a-c-t-i-v-i-t-i-e-s -m-u-s-t -b-e 
        -u-n-d-e-r-t-a-k-e-n -b-y -t-h-e -C-o-u-n-t-y -i-n -o-r-d-e-r 
        -t-o -f-a-c-i-l-i-t-a-t-e -s-a-l-e -o-f -a-n-y -p-o-r-t-i-o-n 
        -o-f -s-u-c-h -l-a-n-d-s -a-n-d -i-n -w-h-i-c-h -t-h-e 
        -C-o-u-n-t-y -c-o-m-m-i-t-s -t-o -p-a-y -t-o -t-h-e 
        -U-n-i-t-e-d -S-t-a-t-e-s -o-n-e---h-a-l-f -o-f -t-h-e -n-e-t 
        -m-o-n-e-t-a-r-y -c-o-m-p-e-n-s-a-t-i-o-n -r-e-c-e-i-v-e-d -b-y 
        -t-h-e -C-o-u-n-t-y -(-a-f-t-e-r -a-l-l-o-w-i-n-g -f-o-r -t-h-e 
        -r-e-a-s-o-n-a-b-l-e -c-o-s-t-s -t-o -t-h-e -C-o-u-n-t-y -o-f 
        -s-u-c-h -a-c-t-i-v-i-t-i-e-s-) -f-r-o-m -t-h-e -s-a-l-e -o-f 
        -a-n-y -s-u-c-h -l-a-n-d-s -a-n-d -t-o -u-s-e -o-n-e---h-a-l-f 
        -o-f -s-u-c-h -n-e-t -c-o-m-p-e-n-s-a-t-i-o-n -s-o-l-e-l-y 
        -f-o-r---
                    -(-A-) -a-c-q-u-i-s-i-t-i-o-n -o-r 
                -m-a-i-n-t-e-n-a-n-c-e -o-f -p-a-r-k-s-;
                    -(-B-) -a-c-q-u-i-s-i-t-i-o-n -o-r 
                -m-a-i-n-t-e-n-a-n-c-e -o-f -o-p-e-n -s-p-a-c-e-;
                    -(-C-) -h-i-s-t-o-r-i-c-a-l 
                -p-r-e-s-e-r-v-a-t-i-o-n-;
                    -(-D-) -h-i-s-t-o-r-i-c-a-l 
                -i-n-t-e-r-p-r-e-t-a-t-i-o-n-; -o-r
                    -(-E-) -e-n-v-i-r-o-n-m-e-n-t-a-l 
                -e-d-u-c-a-t-i-o-n-.
            (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 County'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 after such transfer be held by the recipient thereof under the 
same terms and conditions as if transferred to such recipient 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 Mining 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 know as the Materials Act of 
        1947 (30 U.S.C. 601 and following).
    (b) Valid Existing Rights.--As used in this section, the term 
``valid existing rights'' in reference to the general mining laws means 
that a mining claim was properly located and maintained under the 
general mining laws prior to the date of enactment of this Act, was 
supported by a discovery of a valuable mineral deposit within the 
meaning of the general mining law on the date of enactment of this Act, 
and that such claim continues to be valid.
    (c) Limitation on Patent Issuance.--
            -(-1-)-(-A-) -A-f-t-e-r -t-h-e -d-a-t-e -o-f 
        -e-n-a-c-t-m-e-n-t -o-f -t-h-i-s -A-c-t-, -n-o -p-a-t-e-n-t 
        -s-h-a-l-l -b-e -i-s-s-u-e-d -b-y -t-h-e -U-n-i-t-e-d 
        -S-t-a-t-e-s -f-o-r -a-n-y -m-i-n-i-n-g -c-l-a-i-m 
        -l-o-c-a-t-e-d -u-n-d-e-r -t-h-e -g-e-n-e-r-a-l -m-i-n-i-n-g 
        -l-a-w-s -w-i-t-h-i-n -t-h-e -p-u-b-l-i-c -l-a-n-d-s 
        -r-e-f-e-r-r-e-d -t-o -i-n -s-e-c-t-i-o-n-s -4 -a-n-d -5 
        -u-n-l-e-s-s -t-h-e -S-e-c-r-e-t-a-r-y -d-e-t-e-r-m-i-n-e-s 
        -t-h-a-t-, -f-o-r -t-h-e -c-l-a-i-m -c-o-n-c-e-r-n-e-d---
                    -(-i-) -a -p-a-t-e-n-t -a-p-p-l-i-c-a-t-i-o-n 
                -w-a-s -f-i-l-e-d -w-i-t-h -t-h-e -S-e-c-r-e-t-a-r-y 
                -o-n -o-r -b-e-f-o-r-e -s-u-c-h -d-a-t-e-; -a-n-d
                    -(-i-i-) -a-l-l -r-e-q-u-i-r-e-m-e-n-t-s 
                -e-s-t-a-b-l-i-s-h-e-d -u-n-d-e-r -s-e-c-t-i-o-n-s 
                -2-3-2-5 -a-n-d -2-3-2-6 -o-f -t-h-e -R-e-v-i-s-e-d 
                -S-t-a-t-u-t-e-s -(-3-0 -U-.-S-.-C-. -2-9 -a-n-d -3-0-) 
                -f-o-r -v-e-i-n -o-r -l-o-d-e -c-l-a-i-m-s -a-n-d 
                -s-e-c-t-i-o-n-s -2-3-2-9-, -2-3-3-0-, -2-3-3-1-, 
                -a-n-d -2-3-3-3 -o-f -t-h-e -R-e-v-i-s-e-d 
                -S-t-a-t-u-t-e-s -(-3-0 -U-.-S-.-C-. -3-5-, -3-6-, 
                -3-7-) -f-o-r -p-l-a-c-e-r -c-l-a-i-m-s -w-e-r-e 
                -f-u-l-l-y -c-o-m-p-l-i-e-d -w-i-t-h -b-y -t-h-a-t 
                -d-a-t-e-.
            -(-B-) -I-f -t-h-e -S-e-c-r-e-t-a-r-y -m-a-k-e-s -t-h-e 
        -d-e-t-e-r-m-i-n-a-t-i-o-n-s -r-e-f-e-r-r-e-d -t-o -i-n 
        -s-u-b-p-a-r-a-g-r-a-p-h -(-A-) -f-o-r -a-n-y -m-i-n-i-n-g 
        -c-l-a-i-m-, -t-h-e -h-o-l-d-e-r -o-f -t-h-e -c-l-a-i-m 
        -s-h-a-l-l -b-e -e-n-t-i-t-l-e-d -t-o -t-h-e -i-s-s-u-a-n-c-e 
        -o-f -a -p-a-t-e-n-t -i-n -t-h-e -s-a-m-e -m-a-n-n-e-r -a-n-d 
        -d-e-g-r-e-e -t-o -w-h-i-c-h -s-u-c-h -c-l-a-i-m -h-o-l-d-e-r 
        -w-o-u-l-d -h-a-v-e -b-e-e-n -e-n-t-i-t-l-e-d -t-o -p-r-i-o-r 
        -t-o -t-h-e -e-n-a-c-t-m-e-n-t -o-f -t-h-i-s -A-c-t-, 
        -u-n-l-e-s-s -a-n-d -u-n-t-i-l -s-u-c-h 
        -d-e-t-e-r-m-i-n-a-t-i-o-n-s -a-r-e -w-i-t-h-d-r-a-w-n -o-r 
        -i-n-v-a-l-i-d-a-t-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-r -b-y 
        -a -c-o-u-r-t -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-.
            -(-2-)-(-A-) -A-f-t-e-r -t-h-e -d-a-t-e -o-f 
        -e-n-a-c-t-m-e-n-t -o-f -t-h-i-s -A-c-t-, -n-o -p-a-t-e-n-t 
        -s-h-a-l-l -b-e -i-s-s-u-e-d -b-y -t-h-e -U-n-i-t-e-d 
        -S-t-a-t-e-s -f-o-r -a-n-y -m-i-l-l -s-i-t-e -c-l-a-i-m 
        -l-o-c-a-t-e-d -u-n-d-e-r -t-h-e -g-e-n-e-r-a-l -m-i-n-i-n-g 
        -l-a-w-s -w-i-t-h-i-n -t-h-e -p-u-b-l-i-c -l-a-n-d-s 
        -r-e-f-e-r-r-e-d -t-o -i-n -s-e-c-t-i-o-n-s -4 -a-n-d -5 
        -u-n-l-e-s-s -t-h-e -S-e-c-r-e-t-a-r-y -d-e-t-e-r-m-i-n-e-s 
        -t-h-a-t-, -f-o-r -t-h-e -c-l-a-i-m -c-o-n-c-e-r-n-e-d---
                    -(-i-) -a -p-a-t-e-n-t -a-p-p-l-i-c-a-t-i-o-n 
                -w-a-s -f-i-l-e-d -w-i-t-h -t-h-e -S-e-c-r-e-t-a-r-y 
                -o-n -o-r -b-e-f-o-r-e -s-u-c-h -d-a-t-e-; -a-n-d
                    -(-i-i-) -a-l-l -r-e-q-u-i-r-e-m-e-n-t-s 
                -a-p-p-l-i-c-a-b-l-e -t-o -s-u-c-h -p-a-t-e-n-t 
                -a-p-p-l-i-c-a-t-i-o-n -w-e-r-e -f-u-l-l-y 
                -c-o-m-p-l-i-e-d -w-i-t-h -b-y -t-h-a-t -d-a-t-e-.
            -(-B-) -I-f -t-h-e -S-e-c-r-e-t-a-r-y -m-a-k-e-s -t-h-e 
        -d-e-t-e-r-m-i-n-a-t-i-o-n-s -r-e-f-e-r-r-e-d -t-o -i-n 
        -s-u-b-p-a-r-a-g-r-a-p-h -(-A-) -f-o-r -a-n-y -m-i-l-l -s-i-t-e 
        -c-l-a-i-m-, -t-h-e -h-o-l-d-e-r -o-f -t-h-e -c-l-a-i-m 
        -s-h-a-l-l -b-e -e-n-t-i-t-l-e-d -t-o -t-h-e -i-s-s-u-a-n-c-e 
        -o-f -a -p-a-t-e-n-t -i-n -t-h-e -s-a-m-e -m-a-n-n-e-r -a-n-d 
        -d-e-g-r-e-e -t-o -w-h-i-c-h -s-u-c-h -c-l-a-i-m -h-o-l-d-e-r 
        -w-o-u-l-d -h-a-v-e -b-e-e-n -e-n-t-i-t-l-e-d -t-o -p-r-i-o-r 
        -t-o -t-h-e -e-n-a-c-t-m-e-n-t -o-f -t-h-i-s -A-c-t-, 
        -u-n-l-e-s-s -a-n-d -u-n-t-i-l -s-u-c-h 
        -d-e-t-e-r-m-i-n-a-t-i-o-n-s -a-r-e -w-i-t-h-d-r-a-w-n -o-r 
        -i-n-v-a-l-i-d-a-t-e-d -b-y -t-h-e -S-e-c-r-e-t-a-r-y -o-r -b-y 
        -a -c-o-u-r-t -o-f -t-h-e -U-n-i-t-e-d -S-t-a-t-e-s-.
            (1) No patent shall be issued by the United States for any 
        mining or mill site claim located under the general mining laws 
        within the public lands referred to in sections 4 and 5 unless 
        an application for such patent was filed with the Secretary of 
        the Interior on or before the date of enactment of this Act and 
        such application has been prosecuted with due diligence after 
        its filing.
            (2) Except as provided in paragraph (1), nothing in this 
        Act shall be construed as precluding issuance of a patent to 
        the holder of any mining or mill site claim if such holder 
        would have been entitled for such issuance but for enactment of 
        this Act.

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 title 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 title after their transfer to the ownership of another 
party, but nothing in this title 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 enactment of 
this Act.
    (c) Boundaries.--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 (16 U.S.C. 460l-9), the boundaries of such National Forest, as so 
modified, shall be considered to be the boundaries of such National 
Forest as of January 1, 1965.
    (d) 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.