[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 320 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 320

 To require the Secretary of the Army to carry out a pilot project on 
    compatible use buffers on real property bordering Fort Carson, 
                   Colorado, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 8, 2005

  Mr. Allard introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of the Army to carry out a pilot project on 
    compatible use buffers on real property bordering Fort Carson, 
                   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 ``Fort Carson Conservation Act of 
2005''.

SEC. 2. PILOT PROJECT ON COMPATIBLE USE BUFFERS ON REAL PROPERTY 
              BORDERING FORT CARSON, COLORADO.

    (a) In General.--The Secretary of the Army shall carry out a pilot 
project at Fort Carson, Colorado, for purposes of evaluating the 
feasibility and effectiveness of utilizing conservation easements and 
leases granted by one or more willing sources to limit development and 
preserve habitat on real property in the vicinity of or ecologically 
related to military installations in the United States.
    (b) Procedures.--
            (1) Phases.--The Secretary shall carry out the pilot 
        project in four phases, as specified in the Fort Carson Army 
        Compatible Use Buffer Project.
            (2) Lease and easement agreements.--Under the pilot 
        project, the Secretary shall enter into agreements with one or 
        more eligible entities who are willing to do so to purchase 
        from the entity or entities one or more conservation easements, 
        or to lease from the entity or entities one or more 
        conservation leases, on real property in the vicinity of or 
        ecologically related to Fort Carson for the purposes of--
                    (A) limiting any development or use of the property 
                that would be incompatible with the current and 
                anticipated future missions of Fort Carson; or
                    (B) preserving habitat on the property in a manner 
                that--
                            (i) is compatible with environmental 
                        requirements; and
                            (ii) may eliminate or reduce current or 
                        anticipated environmental restrictions that 
                        would or might otherwise restrict, impede, or 
                        otherwise interfere, whether directly or 
                        indirectly, with current or anticipated 
                        military training, testing, or operations on 
                        Fort Carson.
            (3) Encroachments and other constraints on use.--In 
        entering into agreements under the pilot project, the Secretary 
        may, subject to the provisions of this section, utilize the 
        authority for agreements under this subsection to limit 
        encroachments and other constraints on military training, 
        testing, and operations under section 2684a of title 10, United 
        States Code.
            (4) Relationship to current use plan.--Any agreement 
        entered into under the pilot project shall be compatible with 
        the Fort Carson Army Compatible Use Buffer Project.
    (c) Expiration.--The authority of the Secretary to enter into 
agreements under the pilot project shall expire on the earlier of--
            (1) the date of the completion of phase IV of the Fort 
        Carson Army Compatible Use Buffer Project; or
            (2) the date that is five years after the date of the 
        enactment of this Act.
    (d) Definitions.--In this section:
            (1) The term ``Fort Carson Army Compatible Use Buffer 
        Project'' means the Fort Carson Army Compatible Use Buffer 
        Project, a plan to use conservation easements and leases on 
        property in the vicinity of or ecologically related to Fort 
        Carson to create a land buffer to accommodate current and 
        future missions at Fort Carson while conserving sensitive 
        natural resources.
            (2) The term ``eligible entity'' means any of the 
        following:
                    (A) A State or political subdivision of a State.
                    (B) A private entity that has as its stated 
                principal organizational purpose or goal the 
                conservation, restoration, or preservation of land and 
                natural resources, or a similar purpose or goal, as 
                determined by the Secretary.
    (e) Funding.--
            (1) Authorization of appropriations.--Funds are hereby 
        authorized to be appropriated to the Department of Defense for 
        fiscal year 2006 for the Department of Defense, for expenses 
        not otherwise provided for, for operation and maintenance for 
        Defense-wide activities in the amount of $30,000,000, to be 
        available for the pilot project.
            (2) Availability without fiscal year limitation.--Funds 
        authorized to be appropriated by paragraph (1) shall be 
        available without fiscal year limitation.
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