[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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