[Congressional Record Volume 140, Number 38 (Tuesday, April 12, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: April 12, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
    CLEAR CREEK COUNTY, COLORADO, PUBLIC LANDS TRANSFER ACT OF 1993

  The Senate proceeded to consider the bill (H.R. 1134) to provide for 
the transfer of certain public lands located in Clear Creek County, CO, 
to the United States Forest Service, the State of Colorado, and certain 
local governments in the State of Colorado, and for other purposes, 
which had been reported from the Committee on Energy and Natural 
Resources, with amendments; as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

                               H.R. 1134

       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 [section 202,] 
     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)). [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,] 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 [Mining] 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) 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) 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.]
       (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 [title] 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 [title] Act after 
     their transfer to the ownership of another party, but nothing 
     in this [title] 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 
     enactment of this Act.] of such lands on the date of their 
     transfer to the ownership of another party.
       [(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)] (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.''.

  So the bill (H.R. 1134), as amended, was passed.

                          ____________________