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

                                                       Calendar No. 372

103d CONGRESS

  2d Session

                               H. R. 1134

                          [Report No. 103-228]

_______________________________________________________________________

                                 AN ACT

 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.

_______________________________________________________________________

            February 23 (legislative day, February 22), 1994

         Reported with amendments and an amendment to the title





                                                       Calendar No. 372
103d CONGRESS
  2d Session
                                H. R. 1134

                          [Report No. 103-228]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 22, 1993

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

            February 23 (legislative day, February 22), 1994

Reported by Mr. Johnston, with amendments and an amendment to the title
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 AN ACT


 
 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 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-) (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. 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 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 
-s-e-c-t-i-o-n -2-0-2-, 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 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)). -A-n-y -l-a-n-d-s -s-o 
-t-r-a-n-s-f-e-r-r-e-d -s-h-a-l-l -a-f-t-e-r -s-u-c-h -t-r-a-n-s-f-e-r 
-b-e -h-e-l-d -b-y -t-h-e -r-e-c-i-p-i-e-n-t -t-h-e-r-e-o-f -u-n-d-e-r 
-t-h-e -s-a-m-e -t-e-r-m-s -a-n-d -c-o-n-d-i-t-i-o-n-s -a-s -i-f 
-t-r-a-n-s-f-e-r-r-e-d -t-o -s-u-c-h -r-e-c-i-p-i-e-n-t -b-y -t-h-e 
-U-n-i-t-e-d -S-t-a-t-e-s -u-n-d-e-r -s-u-c-h -A-c-t-, 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 -M-i-n-i-n-g 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 know as the Materials Act of 
        1947 (30 U.S.C. 601 and following).
    -(-b-) -V-a-l-i-d -E-x-i-s-t-i-n-g -R-i-g-h-t-s-.----A-s -u-s-e-d 
-i-n -t-h-i-s -s-e-c-t-i-o-n-, -t-h-e -t-e-r-m -`-`-v-a-l-i-d 
-e-x-i-s-t-i-n-g -r-i-g-h-t-s-'-' -i-n -r-e-f-e-r-e-n-c-e -t-o -t-h-e 
-g-e-n-e-r-a-l -m-i-n-i-n-g -l-a-w-s -m-e-a-n-s -t-h-a-t -a 
-m-i-n-i-n-g -c-l-a-i-m -w-a-s -p-r-o-p-e-r-l-y -l-o-c-a-t-e-d -a-n-d 
-m-a-i-n-t-a-i-n-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 -p-r-i-o-r -t-o -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-, -w-a-s -s-u-p-p-o-r-t-e-d -b-y -a -d-i-s-c-o-v-e-r-y 
-o-f -a -v-a-l-u-a-b-l-e -m-i-n-e-r-a-l -d-e-p-o-s-i-t -w-i-t-h-i-n 
-t-h-e -m-e-a-n-i-n-g -o-f -t-h-e -g-e-n-e-r-a-l -m-i-n-i-n-g -l-a-w 
-o-n -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-, 
-a-n-d -t-h-a-t -s-u-c-h -c-l-a-i-m -c-o-n-t-i-n-u-e-s -t-o -b-e 
-v-a-l-i-d-.
    -(-c-) -L-i-m-i-t-a-t-i-o-n -o-n -P-a-t-e-n-t -I-s-s-u-a-n-c-e-.---
            -(-1-) -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 
        -o-r -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 -a-n 
        -a-p-p-l-i-c-a-t-i-o-n -f-o-r -s-u-c-h -p-a-t-e-n-t -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-f -t-h-e 
        -I-n-t-e-r-i-o-r -o-n -o-r -b-e-f-o-r-e -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 -a-n-d -s-u-c-h 
        -a-p-p-l-i-c-a-t-i-o-n -h-a-s -b-e-e-n -p-r-o-s-e-c-u-t-e-d 
        -w-i-t-h -d-u-e -d-i-l-i-g-e-n-c-e -a-f-t-e-r -i-t-s 
        -f-i-l-i-n-g-.
            -(-2-) -E-x-c-e-p-t -a-s -p-r-o-v-i-d-e-d -i-n 
        -p-a-r-a-g-r-a-p-h -(-1-)-, -n-o-t-h-i-n-g -i-n -t-h-i-s -A-c-t 
        -s-h-a-l-l -b-e -c-o-n-s-t-r-u-e-d -a-s -p-r-e-c-l-u-d-i-n-g 
        -i-s-s-u-a-n-c-e -o-f -a -p-a-t-e-n-t -t-o -t-h-e -h-o-l-d-e-r 
        -o-f -a-n-y -m-i-n-i-n-g -o-r -m-i-l-l -s-i-t-e -c-l-a-i-m -i-f 
        -s-u-c-h -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 -f-o-r -s-u-c-h -i-s-s-u-a-n-c-e -b-u-t -f-o-r 
        -e-n-a-c-t-m-e-n-t -o-f -t-h-i-s -A-c-t-.
    (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 general 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 -t-i-t-l-e 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 -t-i-t-l-e Act after their transfer to the ownership of 
another party, but nothing in this -t-i-t-l-e Act shall be construed as 
either diminishing or increasing any responsibility or liability of the 
United States based on the condition -o-f -s-u-c-h -l-a-n-d-s -o-n 
-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-. of such 
lands on the date of their transfer to the ownership of another party.
    -(-c-) -B-o-u-n-d-a-r-i-e-s-.----T-h-e -b-o-u-n-d-a-r-i-e-s -o-f 
-t-h-e -A-r-a-p-a-h-o -N-a-t-i-o-n-a-l -F-o-r-e-s-t -a-r-e -h-e-r-e-b-y 
-m-o-d-i-f-i-e-d -a-s -s-h-o-w-n -o-n -t-h-e -m-a-p -r-e-f-e-r-r-e-d 
-t-o -i-n -s-e-c-t-i-o-n -2-. -F-o-r -t-h-e -p-u-r-p-o-s-e -o-f 
-s-e-c-t-i-o-n -7 -o-f -t-h-e -L-a-n-d -a-n-d -W-a-t-e-r 
-C-o-n-s-e-r-v-a-t-i-o-n -F-u-n-d -A-c-t -o-f -1-9-6-5 -(-1-6 
-U-.-S-.-C-. -4-6-0-l---9-)-, -t-h-e -b-o-u-n-d-a-r-i-e-s -o-f -s-u-c-h 
-N-a-t-i-o-n-a-l -F-o-r-e-s-t-, -a-s -s-o -m-o-d-i-f-i-e-d-, -s-h-a-l-l 
-b-e -c-o-n-s-i-d-e-r-e-d -t-o -b-e -t-h-e -b-o-u-n-d-a-r-i-e-s -o-f 
-s-u-c-h -N-a-t-i-o-n-a-l -F-o-r-e-s-t -a-s -o-f -J-a-n-u-a-r-y -1-, 
-1-9-6-5-.
    -(-d-) (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.
            Amend the title so as to read: ``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.''.

            Passed the House of Representatives June 21, 1993.

            Attest:

                                           DONNALD K. ANDERSON,

                                                                 Clerk.