[Congressional Record Volume 140, Number 56 (Tuesday, May 10, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: May 10, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                 CLEAR CREEK COUNTY, CO, LAND TRANSFER

  Mr. VENTO. Madam Speaker, I move to suspend the rules and concur in 
the Senate amendments to 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.
  The Clerk read as follows:

       Senate amendments:
       (1) Page 2, line 22, strike out [(1)] and insert: (1) The 
     boundaries of the Arapaho National Forest are hereby modified 
     as shown on the map referred to in section 2.
       (2) Page 6, lines 16 and 17, strike out [section 202] and 
     insert: section 2
       (3) Page 8, line 21, strike out all after ``(c)).'' down to 
     and including ``Act,'' in line 24 and insert: 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,
       (4) Page 9, line 15, strike out [Mining] and insert: 
     Mineral
       (5) Page 10, strike out all after line 6 over to and 
     including line 5 on page 11 and insert:
       (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.
       (6) Page 11, line 10, strike out [title] and insert: Act
       (7) Page 11, line 17, strike out [title] and insert: Act
       (8) Page 11, line 19, strike out [title] and insert: Act
       (9) Page 11, line 22, strike out [enactment of this Act] 
     and insert: their transfer to the ownership of another party
       (10) Page 11, strike out all after line 22, over to and 
     including line 4 on page 12.
       (11) Page 12, line 5, strike out [(d)] and insert: (c)
       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.''.
  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Minnesota [Mr. Vento] will be recognized for 20 minutes, and the 
gentleman from Utah [Mr. Hansen] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Minnesota [Mr. Vento].


                             general leave

  Mr. VENTO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on the measure now before us.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Minnesota?
  There was no objection.
  Mr. VENTO. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, H.R. 1134 is a bill by the gentleman from Colorado 
[Mr. Skaggs] that addresses the complicated land-ownership pattern in 
Clear Creek County, CO.
  This area was the locale of some of the earliest discoveries of gold 
and silver in Colorado. As a result, the Federal lands in the county 
have been fragmented by extensive patenting of mining claims.
  Some of the Federal lands in the county are now within the National 
Forest System. The remainder are under the jurisdiction of the Bureau 
of Land Management but, because of the fragmentation, are not readily 
manageable. As a result, BLM has proposed that they be added to the 
national forest or transferred out of Federal ownership.
  The purpose of H.R. 1134 is to facilitate that process, by providing 
for the transfer of lands from BLM to the Forest Service, to the State 
of Colorado, to Clear Creek County, and to local governments.
  The House passed the bill last year. The Senate has now returned it 
to us with a number of amendments. Most of those changes are minor 
technical corrections, but there is also one substantive amendment, 
dealing with the treatment of mining claims on the lands that would be 
transferred out of Federal ownership.
  As passed by the House, the bill would have allowed mining claimants 
to proceed to patent their claims, subject to certain restrictions. The 
Senate instead provides that, subject to valid existing rights, no such 
patents will be issued.
  Madam Speaker, this is an acceptable change, which we believe is 
entirely consistent with the policy choice made by the House on this 
matter. Accordingly, I am asking that the House concur in the Senate 
amendments and send the bill to the President for signature into law.
  Madam Speaker, I want to congratulate the sponsor of the bill, Mr. 
Skaggs, for his initiative and hard work on this matter that is of 
interest not only to his constituents in Clear Creek County but also to 
the National Government. Thanks to his leadership, the bill provides a 
workable solution to a thorny problem. I commend him for his creativity 
and urge the House to concur in the Senate amendment to the bill.
  Madam Speaker, I reserve the balance of my time.
  Mr. HANSEN. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of the Senate amendments to H.R. 
1134. This legislation would streamline Federal land management by 
transferring isolated and fragmented tracts of public lands in Clear 
Creek County, CO, to the Forest Service, the State of Colorado, and 
several local governments.
  The Bureau of Land Management in 1986 determined that title to 
surface rights in Clear Creek County, CO, ought to be transferred to 
other owners. This decision was made because Federal ownership is 
fragmented, making the area difficult and uneconomic for the BLM to 
manage. At the present time, much of this land cannot be used by the 
general public because of poor access and problems identifying the 
boundaries between public and private lands.
  This legislation would legislatively dispose of these lands and 
prevent the expensive and time-consuming transfer incurred using the 
BLM's standard procedures. In fact, some estimate that the costs of 
surveys and other administrative expenses normally incurred with 
transfers and disposals like these might actually exceed the revenue 
generated if these lands were sold.
  I urge my colleagues to support H.R. 1134 and put these Federal lands 
in the hands of those who are better able to manage them.

                              {time}  1300

  Mr. VENTO. Madam Speaker, I yield such time as he may consume to the 
gentleman from Colorado [Mr. Skaggs] the principal architect of this 
measure.
  Mr. SKAGGS. Madam Speaker, it gives me great pleasure to see the 
House about to give final congressional approval to this public lands 
transfer legislation. This bill originally passed the House almost a 
year ago, and is now back before us for agreement to some relatively 
minor amendments made by the Senate last month.
  I originally introduced this bill to make sense of a crazy-quilt of 
land ownership patterns in Clear Creek County, CO, that has been 
described as resembling an explosion in a spaghetti factory. The bill 
will bring some order to bear and do so in a way that saves everybody--
especially American taxpayers--money. It will also help protect open-
space areas and preserve historic sites.
  As part of its plan to merge its eastern Colorado operations into one 
administrative office, BLM has long sought to turn over to other units 
of Government many of its scattered, fragmented parcels of lands, some 
measured in inches, in Clear Creek County, in the eastern mountains of 
Colorado. This bill will help achieve that goal by transferring more 
than 14,000 acres of land from the BLM to the U.S. Forest Service, to 
the State of Colorado, to Clear Creek County, and to the towns of 
Georgetown and Silver Plume.
  First, it transfers some BLM lands to the Arapaho National Forest, 
with the Forest Service to become responsible for their administration. 
This transfer clears up some clumsy boundary lines in the national 
forest and relieves BLM of responsibility for small parcels that would 
be more appropriately managed as part of the forest.
  Second, it transfers additional lands to the State of Colorado, the 
county, and the towns I mentioned. Again, this is intended to clear up 
confusing boundaries, and will facilitate effective management of those 
lands for wildlife, recreation, and other public purposes.
  A third category of lands will be transferred to Clear Creek County. 
After the county prepares a comprehensive land use plan for these, it 
may resell some of the land. Other parcels will be transferred to local 
governments, including the county, to be retained for recreation and 
public purposes.
  Although BLM could transfer these lands under existing law, it would 
be required first to prepare a land survey of each parcel of land. 
Since the lands in question include many small, odd-shaped parcels--
some measured in inches--BLM estimates that the normal boundary surveys 
would take at least another 15 years to complete, and could cost as 
much as $18 million. But, the estimated market value of these lands is 
ony $3 million.

  Because the administrative costs were expected to be so much higher 
than the value of these lands, their disposal under existing law 
probably would never happen. In addition, once it decided to transfer 
these lands, BLM had really stopped managing them--leading potentially 
to all of the problems which befall abandoned property.
  In effect, H.R. 1134 facilitates the disposal of these lands by 
allowing the lands to be transferred without land surveys, with any 
required surveys to be conducted later, by the recipients. In part, 
this is accomplished by authorizing the county to act as the BLM's 
sales agent. The Federal Government will ultimately receive any net 
receipts from the sale of these lands by the county. I do not wish to 
mislead my colleagues into thinking that this will result in any 
significant income for the Treasury. As the House committee report 
concludes, the transaction costs involved in these sales will probably 
be higher than total receipts. But compared to operating under existing 
law, this arrangement will save taxpayers at least $15 million.
  Obviously, Clear Creek County will not reap any financial benefit 
from acting as BLM's sales agent. The county seeks to gain in other 
ways. It seeks to ensure that the eventual disposal of these lands is 
consistent with local land use planning laws and with the ability of 
local services to accommodate potential development. It seeks to ensure 
that important recreational, open space, and other values are preserved 
by retaining some of these lands in public ownership under terms of the 
Recreation and Public Purposes Act. Finally, the county seeks to 
expedite the disposal of those parcels suitable for sale, restoring 
them to the tax base.
  In conclusion, this is more than just a good legislation, it is an 
extraordinary example of how the ingenuity of many individuals has 
turned a difficult problem--which appeared to be a losing proposition 
for all involved--into an orderly solution which offers benefits for 
all.
  I wish to thank my colleague from Minnesota, the chairman of the 
Subcommittee on National Parks, Forests and Public Lands, Mr. Vento, as 
well as the distinguished Chairman of the full committee, Mr. Miller, 
for their continuing support and expeditious action on this bill. In 
addition, I wish to express my appreciation to the professional staff 
of the subcommittee and committee for their earlier work on the bill.
  As the culmination of many years of work by the BLM, the Forest 
Service, Clear Creek County officials, the State of Colorado, and their 
citizen advisors, there are many individuals who deserve credit for 
this proposal. While I do not have time to thank them all, I do want to 
again recognize the contributions of former Clear Creek County 
Commissioner Peter Kenney. In conclusion, I urge all of my colleagues 
to support H.R. 1134 as passed by the Senate. It is a well-reasoned, 
efficient approach to resolve a complex land transaction problem--one 
that is supported by all of the parties involved.
  Mr. HANSEN. Madam Speaker, I yield back the balance of my time.
  Mr. VENTO. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Kennelly). The question is on the 
motion offered by the gentleman from Minnesota [Mr. Vento] that the 
House suspend the rules and concur in the Senate amendments to H.R. 
1134.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate amendment was 
concurred in.
  A motion to reconsider was laid on the table.

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