[Congressional Record Volume 140, Number 138 (Wednesday, September 28, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: September 28, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CAMPBELL (for himself and Mr. Brown):
  S. 2470. A bill entitled ``Gilpin County, Colorado--B.L.M. Land 
Transfer Act of 1994''; to the Committee on Energy and Natural 
Resources.


           the central city and black hawk land exchange act

 Mr. CAMPBELL. Mr. President, I am introducing legislation to 
exchange approximately 300 acres of fragmented Bureau of Land 
Management lands near Black Hawk, CO, for approximately 4,500 acres 
that will be added to Rocky Mountain National Park and to other 
Department of the Interior holdings in Colorado, while dedicating any 
remaining equalization funds to the purchase land and water rights for 
the Blanca Wetlands Management Area near Alamosa, CO.
  This legislation is supported by local governments, environmental 
groups, and land developers in Colorado.
  While I know that it is too late to enact this legislation this 
Congress, I and my colleague Senator Brown have agreed to introduce it 
as a gesture of good faith to all the parties who have labored so long 
to craft this bill in the hopes that the lands will remain available 
until Congress can act on it next year. More specifically, the bill:
  Enables Rocky Mountain National Park to obtain an adjacent 40-acre 
parcel known as the Circle C Ranch. The Park Service has long sought to 
acquire the ranch to avoid its subdivision and development;
  Enables the BLM to acquire 517 acres within the Arkansas Headwaters 
Recreation Area. This land has approximately 3 miles of Arkansas River 
frontage and will afford fishermen access to a beautiful stretch of the 
river;
  Results in the acquisition of approximately 4,000 acres of land 
currently owned by Quinlan Ranches, Inc. This land is located at the 
headwaters of La Jara Canyon and Fox Creek, approximately 10 miles from 
Antonito, CO. It has excellent elk winter range and other important 
wildlife habitat;
  Creates a fund from cash equalization moneys that may be paid to the 
United States as a result of the exchange, with the fund to be used to 
purchase land or water rights from willing sellers to augment fish and 
wildlife habitat in the BLM's Blanca Wetlands Management Area. The BLM 
has wanted funds for these purposes for many years.
  In exchange for approximately 4,500 acres of land, 130 parcels of 
highly fragmented BLM land totaling about 300 acres will be made 
available for private acquisition. Of these 130 parcels, 88 are less 
than 1 acre in size. The BLM, through its established land management 
process, has already identified these lands as appropriate for transfer 
to private ownership. This land will most likely be used to construct 
homes and small businesses near the city of Black Hawk.
  I hope my colleagues will support this effort, and I ask unanimous 
consent that the text of the bill, along with letters of support from 
the Colorado Division of Wildlife, Colorado State Parks Department, the 
Sierra Club, the Lake County Commissioners, the Conejos County 
Commissioners, the city of Black Hawk, Central City, Michael Quinlin, 
Colorado Trout Unlimited, and the Collegiate Peaks Anglers be printed 
in the Record along with a recent article from the Denver Post.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2470

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds and declares that--
       (1) certain scattered parcels of Federal land located 
     within Gilpin County, Colorado, are currently administered by 
     the Secretary of the Interior as part of the Royal Gorge 
     Resource Area, Canon City District, United States Bureau of 
     Land Management;
       (2) these land parcels, comprised of approximately 130 
     separate tracts of land ranging in size from approximately 38 
     acres to much less than an acre, have been identified as 
     suitable for disposal by the Bureau of Land Management 
     through its resource management planning process and are 
     appropriate for disposal; and
       (3) even though these land parcels are scattered and small 
     in size, they nevertheless appear to have a fair market value 
     which may be used by the Federal Government to exchange for 
     lands which will better lend themselves to Federal management 
     and have higher values for future public access, use and 
     enjoyment, recreation, the protection and enhancement of fish 
     and wildlife and fish and wildlife habitat, and the 
     protection of riparian lands, wetlands, scenic beauty and 
     other public values.
       (b) Purpose.--It is the purpose of this Act to authorize, 
     direct, facilitate and expedite the land exchange set forth 
     herein in order to further the public interest by disposing 
     of Federal lands with limited public utility and acquire in 
     exchange therefor lands with important values for permanent 
     public management and protection.

     SEC. 2. LAND EXCHANGE.

       (a) In General.--The exchange directed by this Act shall be 
     consummated if within 90 days after enactment of this Act 
     Lake Gulch, Inc., a Colorado corporation (as defined in 
     section 4 of this Act), offers to transfer to the United 
     States pursuant to the provisions of this Act the offered 
     lands or interests in land described herein.
       (b) Conveyance by Lake Gulch.--Subject to the provisions of 
     section 3 of this Act, Lake Gulch shall convey to the 
     Secretary of the Interior all right, title, and interest in 
     and to the following offered lands--
       (1) certain lands comprising approximately 40 acres with 
     improvements thereon located in Larimer County, Colorado, and 
     lying within the boundaries of Rocky Mountain National Park 
     as generally depicted on a map entitled ``Circle C Church 
     Camp'', dated August 1994, which shall upon their acquisition 
     by the United States and without further action by the 
     Secretary of the Interior be incorporated into Rocky Mountain 
     National Park and thereafter be administered in accordance 
     with the laws, rules and regulations generally applicable to 
     the National Park System and Rocky Mountain National Park;
       (2) certain lands located along the Arkansas River in Lake 
     County, Colorado, which comprise approximately 517 acres, as 
     generally depicted on a map entitled ``Arkansas River 
     Headwaters Frontage'', dated August 1994; and
       (3) certain lands located within and adjacent to the United 
     States Bureau of Land Management San Luis Resource Area in 
     Conejos County, Colorado, which comprise approximately 
     3,993 acres and are generally depicted on a map entitled 
     ``Quinlan Ranches Tract'', dated August 1994.
       (c) Substitution of Lands.--If one or more of the precise 
     offered land parcels identified above is unable to be 
     conveyed to the United States due to appraisal or other 
     problems, Lake Gulch and the Secretary may mutually agree to 
     substitute therefor alternative offered lands acceptable to 
     the Secretary.
       (d) Conveyance by the United States.--(1) Upon receipt of 
     title to the lands identified in subsection (a) the Secretary 
     shall simultaneously convey to Lake Gulch all right, title, 
     and interest of the United States, subject to valid existing 
     rights, in and to the following selected lands--
       (A) certain surveyed lands located in Gilpin County, 
     Colorado, Township 3 South, Range 72 West, Sixth Principal 
     Meridian, Section 18, Lots 118-220, which comprise 
     approximately 195 acres and are intended to include all 
     federally owned lands in section 18, as generally depicted on 
     a map entitled ``Lake Gulch Selected Lands'', dated July 
     1994;
       (B) certain surveyed lands located in Gilpin County, 
     Colorado, Township 3 South, Range 72 West, Sixth Principal 
     Meridian, Section 17, Lots 37, 38, 39, 40, 52, 53, and 54, 
     which comprise approximately 96 acres, as generally depicted 
     on a map entitled ``Lake Gulch Selected Lands'', dated July 
     1994; and
       (C) certain unsurveyed lands located in Gilpin County, 
     Colorado, Township 3 South, Range 73 West, Sixth Principal 
     Meridian, Section 13, which comprise approximately 10 acres, 
     and are generally depicted as parcels 307-326 on a map 
     entitled ``Lake Gulch Selected Lands'', dated July 1994: 
     Provided, however, That a parcel or parcels of land in 
     section 13 shall not be transferred to Lake Gulch if at the 
     time of the proposed transfer the parcel or parcels are under 
     formal application for transfer to a qualified unit of local 
     government. Due to the small and unsurveyed nature of such 
     parcels proposed for transfer to Lake Gulch in section 13, 
     and the high cost of surveying such small parcels, the 
     Secretary is authorized to transfer such section 13 lands to 
     Lake Gulch without survey based on such legal or other 
     description as he determines appropriate to carry out the 
     basic intent of the map cited in this subparagraph.
       (2) If the Secretary and Lake Gulch mutually agree, and the 
     Secretary determines it is in the public interest, the 
     Secretary may utilize the authority and direction of this Act 
     to transfer to Lake Gulch lands in sections 17 and 13 that 
     are in addition to those precise selected lands shown on the 
     maps cited in paragraphs (d)(1)(B) and (d)(1)(C), and which 
     are not under formal application for transfer to a qualified 
     unit of local government, upon transfer to the Secretary of 
     additional offered lands acceptable to the Secretary or upon 
     payment to the Secretary by Lake Gulch of cash equalization 
     money amounting to the full appraised fair market value of 
     any such additional lands. If any such additional lands are 
     located in section 13 they may be transferred to Lake Gulch 
     without survey based on such legal or other description as 
     the Secretary determines appropriate as long as the Secretary 
     determines that the boundaries of any adjacent lands not 
     owned by Lake Gulch can be properly identified so as to avoid 
     possible future boundary conflicts or disputes. If the 
     Secretary determines surveys are necessary to convey any such 
     additional lands to Lake Gulch, the costs of such surveys 
     shall be paid by Lake Gulch but shall not be eligible for any 
     adjustment in the value of such additional lands pursuant to 
     section 206(f)(2) of the Federal Land Policy and Management 
     Act of 1976 (as amended by the Federal Land Exchange 
     Facilitation Act of 1988) (43 U.S.C. 1716(f)(2)).
       (3) Prior to transferring out of public ownership pursuant 
     to this Act or other authority of law any lands which are 
     contiguous to North Clear Creek southeast of the City of 
     Black Hawk, Colorado, in the County of Gilpin, Colorado, the 
     Secretary shall notify and consult with the governments of 
     the County and the City and afford such units of local 
     government an opportunity to acquire or reserve pursuant to 
     the Federal Land Policy and Management Act of 1976 or other 
     applicable law such easements or rights-of-way parallel to 
     North Clear Creek as may be necessary to serve public utility 
     line or recreation path needs: Provided, however, That any 
     survey or other costs associated with the acquisition or 
     reservation of such easements or rights-of-way shall be paid 
     for by the unit or units of local government concerned.

     SEC. 3. TERMS AND CONDITIONS OF EXCHANGE

       (a) Equalization of Values.--The values of the lands to be 
     exchanged pursuant to this Act shall be equal as determined 
     by the Secretary of the Interior utilizing nationally 
     recognized appraisal standards, including, to the extent 
     appropriate, the Uniform Standards for Federal Land 
     Acquisition, the Uniform Standards of Professional Appraisal 
     Practice, the provisions of section 206(d) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), 
     and other applicable law. In the event it is determined that 
     cash equalization moneys are owed to the United States in the 
     exchange, any such cash equalization moneys shall be retained 
     by the Secretary of the Interior and may be utilized by the 
     Secretary until fully expended to purchase from willing 
     sellers land or water rights, or a combination thereof, to 
     augment wildlife habitat and protect and restore wetlands in 
     the Bureau of Land Management's Blanca Wetlands, Alamosa 
     County, Colorado. Any water rights acquired by the United 
     States pursuant to this section shall be obtained by the 
     Secretary of the Interior in accordance with all applicable 
     provisions of Colorado law, including the requirement to 
     change the time, place, and type of use of said water 
     rights through the appropriate State legal proceedings and 
     to comply with any terms, conditions, or other provisions 
     contained in an applicable decree of the Colorado Water 
     Court. The use of any water rights acquired pursuant to 
     this section shall be limited to water that can be used or 
     exchanged for water that can be used on the Blanca 
     Wetlands. Any requirement or proposal to utilize 
     facilities of the San Luis Valley Project, Closed Basin 
     Diversion, in order to effectuate the use of any such 
     water rights shall be subject to prior approval of the Rio 
     Grande Water Conservation District.
       (b) Restrictions on Selected Lands.--(1) Conveyance of the 
     selected lands to Lake Gulch pursuant to this Act shall be 
     contingent upon Lake Gulch executing an agreement with the 
     United States prior to such conveyance, the terms of which 
     are acceptable to the Secretary of the Interior, and which--
       (A) grants the United States a covenant that none of the 
     selected lands (all of which currently lie outside the State 
     of Colorado's current legally approved gaming area) shall 
     ever be used for purposes of gaming should the current legal 
     gaming area ever be expanded by the State of Colorado; and
       (B) permanently holds the United States harmless for 
     liability and indemnify the United States against all costs 
     arising from any activities, operations (including the 
     storing, handling, and dumping of hazardous materials or 
     substances) or other acts conducted by Lake Gulch or its 
     employees, agents, successors or assigns on the selected 
     lands after their transfer to Lake Gulch: Provided, however, 
     That nothing in this Act shall be construed as either 
     diminishing or increasing any responsibility or liability of 
     the United States based on the condition of the selected 
     lands prior to or on the date of their transfer to Lake 
     Gulch.
       (2) Conveyance of the selected lands to Lake Gulch pursuant 
     to this Act shall be subject to the existing easement for 
     Gilpin County Road 6.
       (3) The above terms and restrictions of this subsection 
     shall not be considered in determining, or result in any 
     diminution in, the fair market value of the selected land for 
     purposes of the appraisals of the selected land required 
     pursuant to section 3 of this Act.
       (c) Revocation of Withdrawal.--The Public Water Reserve 
     established by Executive order dated April 17, 1926 (Public 
     Water Reserve 107), Serial Number Colorado 17321, is hereby 
     revoked insofar as it affects the NW \1/4\ SW \1/4\ of 
     Section 17, Township 3 South, Range 72 West, Sixth Principal 
     Meridian, which covers a portion of the selected lands 
     identified in this Act.
       (d) Management of Certain Lands.--Upon their acquisition by 
     the United States, the lands referred to in section 2(b)(2) 
     of this Act shall be managed by the Secretary of the Interior 
     in accordance with the laws, rules, and regulations generally 
     applicable to the public lands, and, as appropriate, in 
     accordance with cooperative agreements such as the existing 
     Arkansas Headwaters Recreation Area Memorandum of 
     Understanding, with special emphasis on public fishing and 
     recreational access to the Arkansas River, and riparian and 
     wetland habitat protection. The acquisition of such lands by 
     the Secretary shall not be construed to impose any 
     responsibility or liability on the Secretary with respect to 
     hazardous substances which may exist on the lands as of the 
     date of their acquisition by the United States. Without 
     precluding any future determination by the Secretary or 
     appropriate Federal or State authorities that cleanup of any 
     hazardous substances which may be found to exist on the 
     property would be appropriate, nothing in this Act shall be 
     construed to require the Secretary to undertake any hazardous 
     substances cleanup activities or studies.

     SEC. 4. MISCELLANEOUS PROVISIONS.

       (a) Definitions.--As used in this Act:
       (1) The term ``Secretary'' means the Secretary of the 
     Interior.
       (2) The term ``Lake Gulch'' means Lake Gulch, Inc., a 
     Colorado corporation, or its successors, heirs or assigns.
       (3) The term ``offered land'' means lands to be conveyed to 
     the United States pursuant to this Act.
       (4) The term ``selected land'' means to be transferred to 
     Lake Gulch pursuant to this Act.
       (5) The term ``Blanca Wetlands'' means an area of land 
     comprising approximately 9,290 acres, as generally depicted 
     on a map entitled ``Blanca Wetlands'', dated August 1994, and 
     any nearby land which the Secretary may purchase from willing 
     sellers after the date of enactment of this Act utilizing 
     funds provided by this Act or other funds and manage in 
     conjunction with and for the same general purposes as the 
     land depicted on that map.
       (b) Time Requirement for Completing Transfer.--It is the 
     intent of Congress that unless the Secretary and Lake Gulch 
     mutually agree otherwise the exchange of lands authorized and 
     directed by this Act shall be completed not later than 6 
     months after the date of enactment of this Act.
       (c) Administration of Lands Acquired by United States.--In 
     accordance with the provisions of section 206(c) of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716(c)), all lands acquired by the United States pursuant to 
     this Act shall upon acceptance of title by the United States 
     and without further action by the Secretary concerned become 
     part of and be managed as part of the administrative unit or 
     area within which they are located.
                                  ____


        Summary of Proposed Lake Gulch Land Exchange Legislation

       Lake Gulch Inc. gets:
       Approximately 300 acres of fragmented BLM lands located 
     along the southern boundary of the City of Black Hawk, 
     Colorado. The BLM lands comprise 130 separate parcels and 
     range in size from 38 acres to one-one hundredth of an acre. 
     88 of the 130 parcels are less than one acre in size, and 
     most are surrounded by, or adjacent to, land already owned by 
     Lake Gulch Inc. or its affiliates. BLM has identified all the 
     lands for disposal.
       Lake Gulch Inc. has agreed to covenants that limit future 
     use of the land to non-gaming purposes (i.e. no gambling 
     development) and will hold the United States harmless from 
     any liability relating to cleanup of old mining wastes on the 
     land Lake Gulch acquires.
       United States gets:
       The 40 acre Circle-C Church Camp which lies within Rocky 
     Mountain National Park south of Estes Park, Colorado. Circle-
     C has been a long time acquisition priority for the Park 
     Service because of potential for development that would be 
     inconsistent with Park plans.
       The 517 acre Minnequa Bank property located along the 
     Arkansas River approximately 7 miles south of Leadville, 
     Colorado. This property lies within the Arkansas Headwaters 
     Recreation Area (a joint BLM-Colorado State Parks management 
     area) and has about three miles of river frontage on the east 
     bank of the Arkansas River. It also has fishing on two 
     tributary streams. The property affords excellent views of 
     Mt. Massive and Mr. Elbert and comprises mostly river 
     floodplain. Acquisition by BLM would open significant new 
     public fishing opportunities along the Arkansas river in a 
     County where access is currently very limited due to private 
     ownership.
       Approximately 4,000 acres of private land intermingled with 
     BLM and Forest Service holdings in the headwaters of La Jara 
     Canyon and Fox Creek approximately 10 miles northwest of 
     Antonito, Colorado. The land currently belongs to Quinlan 
     Ranches, Inc. It has excellent elk winter range and other 
     wildlife habitat, and borders the scenic La Jara Canyon. It 
     also lies within and adjacent to the BLM's Los Magotes Area 
     of Critical Environmental Concern (ACEC).
       Funding to purchase water or land from willing sellers to 
     augment wildlife habitat in the BLM's Blanca Wetlands 
     management area 7 miles northeast of Alamosa, Colorado. The 
     Blanca Wetlands contain existing and historic wetlands that 
     are very productive for ducks and geese and have crucial 
     winter habitat for bald eagles.
       Fiscal savings: The Circle-C, Arkansas River and Blanca 
     Wetlands acquisition proposals in this exchange all appear on 
     a nationwide acquisition priority list that has been provided 
     to Congress for Fiscal Year 1995 Land and Water Conservation 
     Fund appropriations. Acquiring these three priority 
     properties through a land exchange would achieve the LWCF 
     goals without the need for spending increasingly scarce LWCF 
     dollars.
                                  ____

                                                      Lake County,


                                Board of County Commissioners,

                                      Leadville, CO, Aug. 5, 1994.
     Hon. Ben Nighthorse Campbell,
     Washington, DC.
       Dear Senator Campbell: The Lake County Board of 
     Commissioners through this letter seeks your help in opening 
     a unique segment of the Arkansas River to permanent public 
     access. As you can see from the enclosed newspaper article, 
     which appeared in the Denver Post last fall, the upper 
     Arkansas River is indeed bouncing back. The completion of two 
     water treatment plants in the upper California Gulch 
     watershed near Leadville together with the resiliency of the 
     Arkansas River itself have led to producing a truly first 
     class fishery.
       On August 4, 1994 the Board held a formal public hearing on 
     a proposal to have the Bureau of Land Management acquire a 
     three mile stretch of the river south of Leadville by means 
     of a land exchange. The County Commissioners toured this 
     stretch of the river several weeks ago and strongly believe 
     it should become public. At the public hearing unanimous 
     support for the proposal was received along with statements 
     of a truly remarkable resurgence in the river's water quality 
     and fishing. According to several representatives from Trout 
     Unlimited, the fishery is now among the best in the entire 
     state.
       The biggest obstacle at this time in Lake County is that 
     most of the river frontage is in private ownership. This 
     severely limits access to fishing opportunities along the 
     river. The BLM acquisition of the Minneqeua Bank parcel would 
     provide new public access along a three mile length of the 
     river as well as along two tributary streams where we have 
     observed first hand healthy fish.
       In summary, the Board views this land exchange as having a 
     very positive impact for Lake County as we expand our 
     economic base. The Board notes that a land exchange of this 
     nature will not require the expenditure of tax dollars, and 
     appears, therefore, to be a prudent and fiscally sound 
     endeavor in all respects.
       Accordingly, based on the findings of the Public Hearing, 
     the Lake County Board of Commissioners requests that you 
     assist in whatever capacity is needed to move this exchange 
     proposal forward.
       Thank you in advance for your consideration of this matter. 
     Of course the Board stands ready to offer any further 
     assistance or information as may be helpful in your 
     deliberations.
           Sincerely,
     James E. Martin,
       Chairman.
     Edward J. O'Leary,
       Commissioner.
     Robert W. Casey,
       Commissioner.
                                  ____



                                           City of Black Hawk,

                                     Black Hawk, CO, Aug. 3, 1994.
     Senator Ben Nighthorse Campbell,
     Washington, DC.
       Dear Senator Campbell: We are writing to express our 
     support for the efforts by Lake Gulch Inc. to acquire 
     approximately 400 acres of scattered public lands lying 
     directly south of the boundaries of Black Hawk and Central 
     City. We understand that the acquisition will be by way of a 
     land exchange with the United States and are supportive of 
     that concept.
       The public lands which Lake Gulch Inc. is seeking to 
     acquire consist of dozens of small scattered parcels 
     administered by the U.S. Bureau of Land Management, ranging 
     in size from approximately 1/100th of an acre to 33 acres. 
     Most are less than an acre in size. The BLM lands are largely 
     either surrounded by or contiguous to, land which is 
     privately owned or controlled by Lake Gulch Inc. or its 
     affiliates. As such, and because of the very small size of 
     most of the BLM parcels, their utility for future public use 
     and enjoyment is very limited. The land ownership pattern and 
     problems are similar to those which prompted Congress and the 
     President to approve the recently enacted law in neighboring 
     Clear Creek County. With the exception of a small portion of 
     the North Clear Creek floodplain, lands are not needed for 
     any purposes of local government and can be conveyed into 
     private ownership.
       It is our belief that the proposed acquisition by Lake 
     Gulch Inc. will benefit our area by consolidating land that 
     can be used for future residential and non-gaming purposes, 
     and that the consolidation represents the most likely 
     scenario to achieve an early cleanup of the numerous mine 
     tailings and other surface disturbances which scar the land 
     and inhibit cleanup of our streams.
       As you may also be aware, the rapid commercial development 
     associated with gaming in our area has resulted in a scarcity 
     of affordable land available for residential purposes. As a 
     result, many of those who work in Black Hawk and Central City 
     are commuting in long distance every day from the Denver 
     metro area, which is an undesirable situation from numerous 
     standpoints, including employee health and safety, air 
     pollution, and traffic congestion. Likewise, because of high 
     land values within the gaming area and the rugged, 
     unbuildable terrain which predominates into many surrounding 
     areas, our community currently lacks many basic stores and 
     services which other communities take for granted. We believe 
     that because the intermingled Lake Gulch Inc. and BLM lands 
     lie directly adjacent to the boundaries of Black Hawk and 
     Central City, but outside the legally permissible gaming 
     area, a consolidated private ownership will realistically 
     lend itself to the construction of affordable housing and 
     other non-gaming uses and services for which we have a great 
     need.
       Thank you for considering our views on this important 
     matter. We hope you will be able to lend your assistance to 
     the land exchange project as it moves forward.
           Sincerely,
                                                   Kathryn Eccker,
                                                            Mayor.
                                  ____



                                        Quinlan Ranches, Inc.,

                                         Denver, CO, Aug. 5, 1994.
     Hon. Scott McInnis,
     U.S. House of Representatives,
     Washington, DC.

     Senator Ben Nighthorse Campbell,
     Rusell Senate Office Building,
     Washington, DC.

     Senator Hank Brown,
     Hart Senate Office Building,
     Washington, DC.
       Gentlemen: Our family corporation is the owner of 
     approximately 4,000 acres of land near Conejos Canyon in 
     Conejos County. This land is interspersed with BLM and 
     National Forest land and is appropriate for acquisition by 
     those agencies to enable them to better manage their lands as 
     an intergrated unit. The land has absolutely superb elk 
     habitat, very important winter range, and is highly scenic. 
     We believe you will shortly be receiving a communication from 
     the Colorado Division of Wildlife further describing the 
     property and the reasons why it should be in public 
     ownership.
       For those reasons we are working with representatives of 
     Lake Gulch Inc. to include our land in a land exchange with 
     BLM so that it will come into public ownership. We understand 
     that the proposal will be presented to you for introduction 
     into the Congress next week, and we encourage you to give it 
     your support.
       We stand ready to offer you any assistance we can in 
     consummating the exchange. Please let us know what additional 
     information you may require. The family members are getting 
     on in years and would like to see the public acquisition a 
     reality.
           Sincerely,
                                               Michael C. Quinlan.
                                  ____



                                     Colorado Trout Unlimited,

                                     Englewood, CO, June 30, 1994.
     Senator Ben Nighthorse Campbell,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Campbell, For several years now our members 
     have been involved in efforts to have BLM acquire a 517 acre 
     tract of land in Lake County approximately 7 miles south of 
     Leadville. This land has roughly 3 miles of river frontage on 
     the Arkansas River, as well a fishing on Big Union Creek and 
     Spring Gulch, which cross the property. For your reference, I 
     am enclosing a copy of an article about the tract which 
     appeared in the Denver Post last fall.
       Our members are interested in this acquisition because it 
     would open a prime stretch of the Arkansas River in Lake 
     County to public access and fishing. Most of the river of 
     Lake County is currently closed to fishing because it is 
     private land. BLM acquisition of the land would also dovetail 
     very nicely into the Arkansas Headwaters Recreation Area 
     management scheme, which is an ongoing cooperative effort 
     between BLM and the State of Colorado. Although there may be 
     some hazardous materials deposited in the floodplain of the 
     property as a result of washdowns from California Gulch 
     before EPA's recent cleanup efforts, the river in this 
     segment now appears to be in good condition, and we believe 
     the benefits of public ownership are paramount.
       On behalf of our members, therefore, Colorado Trout 
     Unlimited urges you to assist BLM acquisition of this 
     property. We understand that the property may be included in 
     a land exchange proposal to be submitted for your 
     consideration in the near future. Assuming the other aspects 
     of the proposed exchange meet with your approval, we strongly 
     urge you to seek its approval so that the Arkansas River land 
     will be opened to public use.
           For the Board of Directors,
                                                 J. Stephen Craig,
                                               Executive Director.
                                  ____

                                         Collegiate Peaks Anglers,


                                   Chapter of Trout Unlimited,

                                        Salida, CO, July 15, 1994.
     Senator Ben Nighthorse Campbell,
     Senate Office Building,
     Washington, DC.
       Dear Senator Campbell: This is the second time in 2 years 
     that our Trout Unlimited chapter has written to seek your 
     support for a land exchange proposal involving key river 
     frontage property along the upper section of the Arkansas 
     River just south of Leadville. Our 150 members include 
     several people who live in Leadville. The citizens of the 
     upper Arkansas Valley have little public access to the 
     Arkansas and this exchange would go a long way toward easing 
     that situation.
       The proposed exchange includes 3 miles of frontage on the 
     main river as well as access to parts of Big Union Creek and 
     Spring Gulch. The land is contiguous with BLM property just 
     down stream and will make an excellent addition to the 
     Arkansas Headwaters Recreation Area which is jointly managed 
     by the BLM and the Colorado Department of Natural Resources.
       In addition, we would ask that there be a condition placed 
     on the acquisition that would limit the number and size of 
     the fish that could be harvested. The exact regulations would 
     be set by the Colorado Division of Wildlife. There is a 
     superb population of large fish in this part of the river 
     because it has not been open to public fishing and it would 
     be a disservice to other anglers to allow a few greedy people 
     to remove these fine fish in the first few day of public 
     access.
       On behalf of our members here in the Upper Arkansas Valley 
     we urge you to support this exchange.
           For our Board of Directors,
                                                  George Kavouras,
                                                        President.
                                  ____



                                Colorado Division of Wildlife,

                                        Salida, CO, July 20, 1994.
     Senator Ben Nighthorse Campbell,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Campbell: The Colorado Division of Wildlife 
     supports the proposal for a land exchange by the BLM in order 
     to acquire a portion of land bordering the Arkansas River in 
     Lake County, 7 miles south of Leadville.
       This acquisition would open, for fisherman access, a 
     valuable 2.5 miles along the Arkansas River as well as 
     fishing opportunity on Big Union Creek. Presently Lake County 
     has limited public access on the river. This proposal would 
     be of significant value to the area.
       Since the EPA Superfund Clean-up Activity, the Arkansas 
     River Headwaters has become a valuable fishery and will 
     continue to improve.
       Therefore, I strongly urge that when this land exchange 
     proposal is submitted, you give it favorable consideration, 
     assuming it meets the land exchange criteria.
           Regards,
                                                     Stan Ogilvie,
                                            Area Wildlife Manager.
                                  ____

                                                State of Colorado,


                                         Colorado State Parks,

                                        Denver, CO, July 15, 1994.
     Senator Ben Nighthorse Campbell,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Campbell: I have recently learned of the 
     opportunity the Bureau of Land Management (BLM) may have to 
     purchase approximately three (3) miles of riverfront property 
     along the Arkansas River in Lake County near Leadville, 
     Colorado. This is exciting news, and I would like to offer my 
     support of this acquisition.
       The BLM and Colorado State Parks, together, manage the 
     Arkansas Headwaters Recreation Area (AHRA). This is a unique 
     partnership for management of an outstanding area that 
     extends 148 miles from just below Leadvile to the upper end 
     of Pueblo reservoir.
       The AHRA is a newly created area (1989) and, as such, is 
     still in it's development stages. The authors of the area's 
     Management Plan, primarily the region's local citizens and 
     representatives, and the Division of Wildlife, have 
     identified a real need to acquire fishing access in almost 
     exactly the same area available to us now.
       There is currently very little public river access in Lake 
     County, especially this close to Leadville. Acquisition of 
     this property would consequently be very beneficial to the 
     citizens of Leadville, Lake County, and the visitors to the 
     Arkansas Headwaters Recreation Area. Once acquired, the area 
     can and will be incorporated into AHRA, as already provided 
     for in the area's Management Plan.
       I also understand that the floodplains along the river 
     contain some depositional material from mining activities 
     that fit under the category of hazardous materials. These 
     deposits may be a source of contamination to the river and 
     could be a future liability problem if any cleanup is needed. 
     It is important that any action authorizing acquisition of 
     his property address this issue.
       I hope this addition to the Arkansas Headwaters Recreation 
     Area can become a reality. Thank you for any help you can 
     lend.
           Sincerely,
                                                   Laurie Mathews,
                                                         Director.
                                  ____

                                                      Sierra Club,


                                       Rocky Mountain Chapter,

                                      Denver, CO, August 30, 1994.
     Senator Ben Nighthorse Campbell,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Campbell: I am writing today to express the 
     support of the Rocky Mountain Chapter of the Sierra Club for 
     H.R. 5016, the Gilpin County, Colorado--BLM Land Transfer Act 
     of 1994, introduced by Rep. David Skaggs. The Sierra Club in 
     Colorado has had the opportunity to review the particulars of 
     this bill and we believe it is in the overwhelming best 
     interests of the citizens of Colorado and of the United 
     States that the bill be quickly enacted. We urge you to 
     cosponsor this bill in the United States Senate.
       The lands to be disposed by the United States are scattered 
     small tracts on the edge of expanding development and are 
     best suited for transfer to private ownership. In exchange, 
     the United States will receive title to a number of 
     spectacular parcels, including several of the highest 
     priorities for land acquisition by the BLM and the National 
     Park Service in Colorado. The acquisition of these high 
     priorities--Blanca wildlife habitat by BLM and the Circle-C 
     church camp by Rocky Mountain National Park--will result in a 
     fiscal savings of some $1 million by avoiding the need to 
     spend scarce Land and Water Conservation Funds. At the Blanca 
     wildlife habitat area, BLM is attempting to recreate in the 
     San Luis Valley a portion of what was once the most extensive 
     wetlands in Colorado. The Circle-C church camp acquisition 
     will eliminate a serious conflict with management of the Park 
     Service's Long Peak campground.
       The bill's remaining acquisitions will also result in 
     significant gains for public fish and wildlife habitat. The 
     Arkansas River parcel will open up 3 miles of river to public 
     fishing along a stretch gaining popularity with anglers, and 
     the large block of lands in La Jara Canyon will safeguard 
     important big game winter range.
           Sincerely yours,
                                                     Mark Pearson,
                                                 Wilderness Chair.
                                  ____


                 [From the Denver Post, Sept. 22, 1993]

                    Upper Arkansas is Bouncing Back

                          (By Charlie Meyers)

       Leadville.--With all the daintiness of a matron sipping 
     high tea, the trout removed the fly from the rippled surface, 
     lowered its head and prepared to resume its repose in the 
     depths of the pool.
       The angler, alerted by a recent surge of activity, snapped 
     the rod back sharply in anticipation of yet another of the 
     river's modest-sized trout. What happened next was totally 
     out of character for a stream that, by rights, shouldn't have 
     any fish at all.
       At the first pressure, the line scythed sharply downstream 
     and the angler, surprised by the power of the run and fearing 
     for his light tippet, felt the rod dip dangerously before he 
     yielded line. The fish that eventually came splashing into 
     the shallows was, like a dozen or so before it, a brown 
     trout. But this one, quickly photographed and released, 
     measured just more than 18 inches and displayed the 
     beginnings of a hooked jaw, a testament to a longevity that 
     defied its circumstances.
       This fish had been caught just 5 miles below a place where, 
     less than a year and a half earlier, an ugly effluvium soil 
     poisoned the river. Now the upper Arkansas River is teeming 
     with trout, some of very respectable size. How they, and 
     their ancestors, survived through all the outpouring of heavy 
     metals from the controversial Yak Tunnel near Leadville is a 
     mystery. Less puzzling, but still not wholly determined, is 
     what the future of the river will be.
       The tunnel, a 4-mile-long conveyance through which the 
     leachings of some 200 old mines have been delivered for the 
     better part of a century, more recently has gained notoriety 
     as a Superfund site of the Environmental Protection Agency 
     and, consequently, a political and legal football.
       EPA has put the clamps on two mining companies that had the 
     remarkably poor judgment to take over the tunnel operation 40 
     years ago. Res-Asarco Joint Venture, a foible of the Asarco 
     and Newmont mining companies, was ordered to install a $15 
     million water treatment plant to clean up the assortment 
     of zinc, cadmium, lead and arsenic that had been flowing 
     down California Gulch in an ugly orange rush into the 
     Arkansas.
       Although they had to be dragged, kicking and screaming, 
     much of the way, the mining companies have executed the 
     charge well. The plant has been in operation since April 
     1992, and Kan Wangerud, EPA's manager for the project, 
     reports it is removing 200 tons of toxins a year from the 
     river.
       ``It has been estimated that 80 percent of all the metal 
     loading in the Arkansas comes from California Gulch,'' said 
     Wangerud, who said his agency will continue to pursue cleanup 
     of other pollution sources, even as it moves to resolve its 
     legal entanglements with Res-Asarco.
       Meanwhile, the upper river seems to have taken a decided 
     turn for the better, particularly on a 3-mile stretch that is 
     being shuttled through Congress as part of an appropriation 
     package that would put it under control of the Bureau of Land 
     Management and, thence, open to the public. The parcel, which 
     includes 517 acres of river bottom land that largely has been 
     abused by cattle, is presently under foreclosure by the 
     Minnequa Bank of Pueblo. The appropriation amount is 
     $350,000.
       I came to this stretch last week with John Singletary, a 
     Pueblo resident who represents the bank in its efforts to 
     sell the property.
       ``You won't believe how many fish are in the river,'' 
     Singletary had said. ``I caught 30 or 40 one day, some of 
     them really nice.''
       I've known Singletary for years, have hunted with him, and 
     know him as an honorable man. But I also had fished this same 
     place a dozen years earlier and come away convinced the mine 
     effluent had left it virtually decimated. Could there have 
     been such a rousing recovery so soon?
       On a day when golden aspen trees shimmered on the flanks of 
     the surrounding peaks beneath a cloudless sky, the answer 
     came quickly. A 16-inch brown took a deep drifted Prince 
     nymph and, as the day and the water warmed, a dozen and a 
     half were caught and released on an Elk-hair caddis on the 
     surface. Twice that many more moved on the fly in some 
     manner. The catch also included a cutthroat and a brook 
     trout. Singletary added eight fish on spinners, his efforts 
     doubtlessly hampered by the cold water.
       So where did all these fish come from? One likely scenario 
     is that, as water quality improves, they have migrated in 
     from both upstream and downstream, as well as from a major 
     tributary, Lake Fork Creek.
       Of all this, the element that impressed me most was the 
     river itself. It turns and tumbles through some of the more 
     inviting riffles and runs you'll ever find in a stream that 
     size. There could be even better days ahead, with an 
     agreement in principle for EPA and Res-Asarco to settle all 
     aspects of litigation.
       ``Then we could use all our resources for pollution control 
     instead,'' Wangerud said.
       Let the cleanup continue.
                                  ____

                                                      Sierra Club,


                                       Rocky Mountain Chapter,

                                       Durango, CO, July 13, 1994.
     Senator Ben Nighthorse Campbell,
     Russell Senate Office Building,
     Washington, DC.
       Dear Senator Campbell: I am writing to encourage your 
     support for acquisition of water rights and habitat for the 
     Bureau of Land Management's Blanca Wildlife Habitat area in 
     the San Luis Valley. Specifically, a new opportunity has 
     arisen whereby funds could be provided to BLM for this 
     important acquisition as part of a larger, legislated land 
     exchange.
       The Blanca Wildlife Habitat area offers the potential for 
     3,000 acres of riparian wetlands and associated recreational 
     opportunities such as hunting, fishing, hiking, picnicking, 
     and birdwatching on the floor of the San Luis Valley. 
     Acquisition of land and water rights by BLM will make 
     possible the protection and restoration of historic wetlands 
     that produce 15,000 waterfowl and 1,500 geese each year and 
     also provide critical winter habitat for bald eagles. In 
     addition, the Blanca Wildlife Habitat area is already a 
     congressionally approved mitigation site for the Bureau of 
     Reclamation's Closed Basin Water Salvage Project. Acquisition 
     of the Blanca Wildlife Habitat area therefore not only 
     greatly benefits wildlife and recreation in the San Luis 
     Valley, but also furthers the importance congressional goal 
     of mitigating impacts from a major Bureau of Reclamation 
     project. For these reasons, federal acquisition of land and 
     water rights at the Blanca Wildlife Habitat area merits your 
     support.
       Legislation may soon be proposed to implement a wide-
     ranging land exchange of BLM and private lands throughout 
     Colorado. Part of this exchange envisions freeing up funds 
     for BLM to purchase land and water rights at the Blanca 
     Wildlife Habitat area. I encourage you to support this 
     legislated land exchange to benefit the Blanca Wildlife 
     Habitat area if the other, as yet undefined, components of 
     the exchange meet with your approval.
           Sincerely yours,
                                                     Mark Pearson,
                                                 Wilderness Chair.
                                  ____

                                        Conejos County Government,


                                Board of County Commissioners,

                                       Conejos, CO, Sept. 1, 1994.
     Re Hogote Property Trade-BLM.

     Mr. Wayne Quinlan,
     Quinlan Ranches, Inc., Antonito, CO.
       Dear Wayne: We understand that the BLM is interested in 
     acquiring your Hogote property through a trade which would 
     result in BLM owning this property. We further understand 
     that Scott McGiness and Ben Nighthorse Campbell on behalf of 
     the BLM are willing to introduce a bill in Congress for the 
     acquisition of this property.
       Please be advised that the Conejos County Board of County 
     Commissioners has no objections to such a transaction.
           Sincerely yours,
                                                  LeRoy Velasquez,
                                                 Chairman.
                                 ______

      By Mr. KOHL (for himself and Mr. Cohen):
  S. 2471. A bill to authorize the Administrator of the Office of 
Juvenile Justice and Delinquency Prevention Programs to make grants to 
States and units of local government to assist in providing secure 
facilities for violent and chronic juvenile offenders; to the Committee 
on the Judiciary.


                  the juvenile corrections act of 1994

 Mr. KOHL. Mr. President, only weeks have passed since the 
President signed the crime bill into law. I, and others, have praised 
the crime bill for being comprehensive and sweeping in nature--for 
attacking the crime problem on a range of different fronts including 
policing, punishment, prisons, and prevention.
  There is one facet of the crime problem, however, that the Crime Act 
did not address. Even though juvenile crime is, as we know, at the very 
heart of the crime problem nationwide, and even though the crimes 
juveniles commit are increasingly violent in nature, not one penny of 
the Crime Act is dedicated to the construction, expansion, and 
operation of juvenile corrections facilities.
  Not one penny dedicated to juvenile detention facilities, Mr. 
President, in an omnibus law that otherwise contains $8 billion in 
prison funding.
  The truth is that the draft version of the crime bill conference 
report did indeed contain a provision establishing funding for secure 
juvenile facilities. But this provision was inexplicably eliminated at 
the eleventh hour by conference negotiators.
  Today I resurrect that crucial provision. The Juvenile Corrections 
Act of 1994, which I am pleased to introduce together with my friend 
and colleague Senator Cohen, would establish a distinct source of 
Federal funding for State and local governments to construct, expand, 
and operate secure juvenile corrections facilities. These facilities 
will be used to incarcerate violent and chronic juvenile offenders.
  Mr. President, this bill would guarantee that juvenile corrections 
does not become the poor stepchild of Federal anticrime efforts. And it 
would do so without increasing the deficit, by funding juvenile 
facilities through a reallocation of 10 percent of the Crime Act's 
general prison funding. It is not, in my view, unreasonable to suggest 
that 10 percent of the money spent by the Federal Government on prisons 
should be devoted to juvenile facilities and the incarceration of 
violent juvenile offenders.
  Let me close, Mr. President, by pointing out that the need for 
Federal juvenile corrections assistance is clear and immediate. A study 
released this past week by the Office of Juvenile Justice and 
Delinquency Prevention indicates that the majority of juvenile 
detention facilities nationwide are vastly overcrowded and 
understaffed--much more so than adult prisons. Juvenile offenders 
attacked detention facility staff 8,000 times last year. And recidivism 
rates for juveniles who have been incarcerated are unbelievably high.
  In short, we cannot afford to turn a blind eye to the juvenile 
corrections problem. And so I hope my colleagues will join with me and 
Senator Cohen next year in enacting the Juvenile Corrections Act as an 
important supplement to the Crime Act.
                                 ______

      By Mr. LOTT:
  S. 2472. A bill to require the Administrator of the Environmental 
Protection Agency to issue rules governing risk assessments, and for 
other purposes; to the Committee on Environment and Public Works.


                the sound science in risk assessment act

 Mr. LOTT. Mr. President, the bill I am introducing today will 
ensure that the Environmental Protection Agency provides a solid, 
uniform, credible foundation for our environmental laws and 
regulations. Clearly, there is a credibility crisis today because of 
the politicizing of scientific data. It has reached such a level 
``Nightline's'' Ted Koppel devoted an entire show to how shamelessly 
sound scientific data has been ignored to advance a political agenda. 
This is wrong.
  EPA is jeopardizing all scientifically based rules and regulations by 
its cavalier and frequently arbitrary manner in establishing risk 
criteria. To provide a balanced approach, legislative guidelines are 
needed. My bill will address this problem. It allows both the public 
and the scientific community through public forums to examine the 
scientific foundation for each risk criteria. This bill will not 
prevent EPA from implementing rules. Rather, it will provide greater 
support for the rules because of this inclusive risk criteria 
developmental process.
  Another equally valid reason for this bill is prioritization. The 
risk assessment process will apply consistent rules which will enable 
appropriate comparisons, and the identification of anticipated 
benefits. This means public officials can select rules which afford the 
greatest protection to the public. Fiscal constraints makes this 
essential because governments, at all levels, have limited and finite 
resources.
  EPA already has a number of risk assessment guidelines; however, 
there is widespread recognition that they are inadequate. Even an 
internal EPA review revealed that its process is not up to the 
standards necessary for providing unbiased scientific public policy.
  My bill will restore confidence in the process for developing risk 
assessment. First, it requires full and clear disclosure of all 
uncertainties. Second, it sets specific timeframes for promulgating 
rules. Third, it requires all risks go through the public notice and 
comment procedure. The same process that all regulatory rules are 
subjected. And fourth, it requires EPA to update risk assessments as 
scientific understandings change.
  In closing, I urge my colleagues to support this legislation. It 
makes risk assessment fully accountable to both the public and the 
Congress and not just subject to the discretion of invisible 
bureaucrats or an agency.

                          ____________________