[Congressional Record Volume 141, Number 57 (Tuesday, March 28, 1995)]
[House]
[Pages H3828-H3831]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         FORT CARSON-PINON CANYON MILITARY LANDS WITHDRAWAL ACT

  Mr. HEFLEY. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 256) to withdraw and reserve certain public lands and 
minerals within the State of Colorado for military uses, and for other 
purposes.
  The Clerk read as follows:

[[Page H3829]]

                                H.R. 256

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Fort 
     Carson-Pinon Canyon Military Lands Withdrawal Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title and table of contents.
Sec. 2. Withdrawal and reservation of lands at Fort Carson Military 
              Reservation.
Sec. 3. Withdrawal and reservation of lands at Pinon Canyon Maneuver 
              Site.
Sec. 4. Maps and legal descriptions.
Sec. 5. Management of withdrawn lands.
Sec. 6. Management of withdrawn and acquired mineral resources.
Sec. 7. Hunting, fishing, and trapping.
Sec. 8. Termination of withdrawal and reservation.
Sec. 9. Determination of presence of contamination and effect of 
              contamination.
Sec. 10. Delegation.
Sec. 11. Hold harmless.
Sec. 12. Amendment to Military Lands Withdrawal Act of 1986.
Sec. 13. Authorization of appropriations.
     SEC. 2. WITHDRAWAL AND RESERVATION OF LANDS AT FORT CARSON 
                   MILITARY RESERVATION.

       (a) Withdrawal.--Subject to valid existing rights and 
     except as otherwise provided in this Act, the lands at the 
     Fort Carson Military Reservation, Colorado, that are 
     described in subsection (c) are hereby withdrawn from all 
     forms of appropriation under the public land laws, including 
     the mining laws, the mineral and geothermal leasing laws, and 
     the mineral materials disposal laws.
       (b) Reservation.--The lands withdrawn under subsection (a) 
     are reserved for use by the Secretary of the Army--
       (1) for military maneuvering, training and weapons firing; 
     and
       (2) for other defense related purposes consistent with the 
     uses specified in paragraph (1).
       (c) Land Description.--The lands referred to in subsection 
     (a) comprise 3,133.02 acres of public land and 11,415.16 
     acres of federally-owned minerals in El Paso, Pueblo, and 
     Fremont Counties, Colorado, as generally depicted on the map 
     entitled ``Fort Carson Proposed Withdrawal--Fort Carson 
     Base'', dated February 6, 1992, and published in accordance 
     with section 4.

     SEC. 3. WITHDRAWAL AND RESERVATION OF LANDS AT PINON CANYON 
                   MANEUVER SITE.

       (a) Withdrawal.--Subject to valid existing rights and 
     except as otherwise provided in this Act, the lands at the 
     Pinon Canyon Maneuver Site, Colorado, that are described in 
     subsection (c) are hereby withdrawn from all forms of 
     appropriation under the public land laws, including the 
     mining laws, the mineral and geothermal leasing laws, and the 
     mineral materials disposal laws.
       (b) Reservation.--The lands withdrawn under subsection (a) 
     are reserved for use by the Secretary of the Army--
       (1) for military maneuvering and training; and
       (2) for other defense related purposes consistent with the 
     uses specified in paragraph (1).
       (c) Land Description.--The lands referred to in subsection 
     (a) comprise 2,517.12 acres of public lands and 130,139 acres 
     of federally-owned minerals in Las Animas County, Colorado, 
     as generally depicted on the map entitled ``Fort Carson 
     Proposed Withdrawal--Fort Carson
      Maneuver Area--Pinon Canyon site'', dated February 6, 1992, 
     and published in accordance with section 4.

     SEC. 4. MAPS AND LEGAL DESCRIPTIONS.

       (a) Preparation of Maps and Legal Description.--As soon as 
     practicable after the date of the enactment of this Act, the 
     Secretary of the Interior shall prepare maps depicting the 
     lands withdrawn and reserved by this Act and publish in the 
     Federal Register a notice containing the legal description of 
     such lands.
       (b) Legal Effect.--Such maps and legal descriptions shall 
     have the same force and effect as if they were included in 
     this Act, except that the Secretary of the Interior may 
     correct clerical and typographical errors in such maps and 
     legal descriptions.
       (c) Availability of Maps and Legal Description.--Copies of 
     such maps and legal descriptions shall be available for 
     public inspection in the offices of the Colorado State 
     Director and the Canon City District Manager of the Bureau of 
     Land Management and in the offices of the Commander of Fort 
     Carson, Colorado.
       (d) Costs.--The Secretary of the Army shall reimburse the 
     Secretary of the Interior for the costs of implementing this 
     section.
     SEC. 5. MANAGEMENT OF WITHDRAWN LANDS.

       (a) Management Guidelines.--
       (1) Management by secretary of the army.--Except as 
     provided in section 6, during the period of withdrawal, the 
     Secretary of the Army shall manage for military purposes the 
     lands covered by this Act and may authorize use of the lands 
     by the other military departments and agencies of the 
     Department of Defense, and the National Guard, as 
     appropriate.
       (2) Access restrictions.--When military operations, public 
     safety, or national security, as determined by the Secretary 
     of the Army, require the closure of roads and trails on the 
     lands withdrawn by this Act commonly in public use, the 
     Secretary of the Army is authorized to take such action, 
     except that such closures shall be limited to the minimum 
     areas and periods required for the purposes specified in this 
     subsection. Appropriate warning notices shall be kept posted 
     during closures.
       (3) Suppression of fires.--The Secretary of the Army shall 
     take necessary precautions to prevent and suppress brush and 
     range fires occurring within and outside the lands as a 
     result of military activities and may seek assistance from 
     the Bureau of Land Management in suppressing such fires. The 
     memorandum of understanding required by this section shall 
     provide for Bureau of Land Management assistance in the 
     suppression of such fires, and for a transfer of funds from 
     the Department of the Army to the Bureau of Land Management 
     as compensation for such assistance.
       (b) Management Plan.--
       (1) Development required.--The Secretary of the Army, with 
     the concurrence of the Secretary of the Interior, shall 
     develop a plan for the management of acquired lands and lands 
     withdrawn under sections 2 and 3 for the period of 
     withdrawal. The plan shall--
       (A) be consistent with applicable law;
       (B) include such provisions as may be necessary for proper 
     resource management and protection of the natural, cultural, 
     and other resources and values of such lands; and
       (C) identify those withdrawn and acquired lands, if any, 
     which are to be open to mining or mineral and geothermal 
     leasing, including mineral materials disposal.
       (2) Time for development.--The management plan required by 
     this subsection shall be developed not later than 5 years 
     after the date of the enactment of this Act.
       (c) Implementation of Management Plan.--
       (1) Memorandum of understanding required.--The Secretary of 
     the Army and the Secretary of the Interior shall enter into a 
     memorandum of understanding to implement the management plan 
     developed under subsection (b).
       (2) Duration.--The duration of any such memorandum of 
     understanding shall be the same as the period of withdrawal 
     specified in section 8(a).
       (3) Amendment.--The memorandum of understanding may be 
     amended by agreement of both Secretaries.
       (d) Use of Certain Resources.--The Secretary of the Army is 
     authorized to utilize sand, gravel, or similar mineral or 
     mineral material resources from the lands withdrawn by this 
     Act when the use of such resources is required for 
     construction needs of the Fort Carson Reservation or Pinon 
     Canyon Maneuver Site.

     SEC. 6. MANAGEMENT OF WITHDRAWN AND ACQUIRED MINERAL 
                   RESOURCES.

       Except as provided in section 5(d), the Secretary of the 
     Interior shall manage all withdrawn and acquired mineral 
     resources within the boundaries of the Fort Carson
      Military Reservation and Pinon Canyon Maneuver Site in the 
     same manner as provided in section 12 of the Military 
     Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat. 
     3466) for mining and mineral leasing on certain lands 
     withdrawn by that Act from all forms of appropriation 
     under the public land laws.
     SEC. 7. HUNTING, FISHING, AND TRAPPING.

       All hunting, fishing, and trapping on the lands withdrawn 
     and reserved by this Act shall be conducted in accordance 
     with section 2671 of title 10, United States Code.

     SEC. 8. TERMINATION OF WITHDRAWAL AND RESERVATION.

       (a) Termination Date.--The withdrawal and reservation made 
     by this Act shall terminate 15 years after the date of the 
     enactment of this Act.
       (b) Determination of Continuing Military Need.--
       (1) Determination required.--At least three years before 
     the termination under subsection (a) of the withdrawal and 
     reservation established by this Act, the Secretary of the 
     Army shall advise the Secretary of the Interior as to whether 
     or not the Department of the Army will have a continuing 
     military need for any of the lands after the termination 
     date.
       (2) Method of making determination.--If the Secretary of 
     the Army concludes under paragraph (1) that there will be a 
     continuing military need for any of the lands after the 
     termination date established by subsection (a), the Secretary 
     of the Army, in accordance with applicable law, shall--
       (A) evaluate the environmental effects of renewal of such 
     withdrawal and reservation;
       (B) hold at least one public hearing in Colorado concerning 
     such evaluation; and
       (C) file, after completing the requirements of 
     subparagraphs (A) and (B), an application for extension of 
     the withdrawal and reservation of such lands in accordance 
     with the regulations and procedures of the Department of the 
     Interior applicable to the extension of withdrawals for 
     military uses.
       (3) Notification.--The Secretary of the Interior shall 
     notify the Congress concerning a filing under paragraph 
     (3)(C).
       (c) Early Relinquishment of Withdrawal.--If the Secretary 
     of the Army concludes under subsection (b) that before the 
     termination date established by subsection (a) there will be 
     no military need for all or any part of the lands withdrawn 
     and reserved 
     [[Page H3830]] by this Act, or if, during
      the period of withdrawal, the Secretary of the Army 
     otherwise decides to relinquish any or all of the lands 
     withdrawn and reserved under this Act, the Secretary of 
     the Army shall file with the Secretary of the Interior a 
     notice of intention to relinquish such lands.
       (d) Acceptance of Lands Proposed for Relinquishment.--
     Notwithstanding any other provision of law, the Secretary of 
     the Interior, upon deciding that it is in the public interest 
     to accept jurisdiction over the lands proposed for 
     relinquishment, may revoke the withdrawal and reservation 
     established by this Act as it applies to the lands proposed 
     for relinquishment. Should the decision be made to revoke the 
     withdrawal and reservation, the Secretary of the Interior 
     shall publish in the Federal Register an appropriate order 
     which shall--
       (1) terminate the withdrawal and reservation;
       (2) constitute official acceptance of full jurisdiction 
     over the lands by the Secretary of the Interior; and
       (3) state the date upon which the lands will be opened to 
     the operation of the public land laws, including the mining 
     laws if appropriate.

     SEC. 9. DETERMINATION OF PRESENCE OF CONTAMINATION AND EFFECT 
                   OF CONTAMINATION.

       (a) Determination of Presence of Contamination.--
       (1) Before relinquishment notice.--Before filing a 
     relinquishment notice under section 8(c), the Secretary of 
     the Army shall prepare a written determination as to whether 
     and to what extent the lands to be relinquished are 
     contaminated with explosive, toxic, or other hazardous 
     materials. A copy of the determination made by the Secretary 
     of the Army shall be supplied with the relinquishment notice. 
     Copies of both the relinquishment notice and the 
     determination under this subsection shall be published in the 
     Federal Register by the Secretary of the Interior.
       (2) Upon termination of withdrawal.--At the expiration of 
     the withdrawal period made by this Act, the Secretary of the 
     Interior shall determine whether and to what extent the lands 
     withdrawn by this Act are contaminated to an extent which 
     prevents opening such contaminated lands to operation of the 
     public land laws.
       (b) Program of Decontamination.--
       (1) In general.--Throughout the duration of the withdrawal 
     and reservation made by this Act, the Secretary of the Army, 
     to the extent funds are made available, shall maintain a 
     program of decontamination of the lands withdrawn by this Act 
     at least at the level of effort carried out during fiscal 
     year 1992.
       (2) Decontamination of lands to be relinquished.--In the 
     case of lands subject to a relinquishment notice under 
     section 8(c) that are contaminated, the Secretary of the Army 
     shall decontaminate the land to the extent that funds are 
     appropriated for such purpose if the Secretary of the 
     Interior, in consultation with the Secretary of the Army, 
     determines that--
       (A) decontamination of the lands is practicable and 
     economically feasible, taking into consideration the 
     potential future use and value of the land; and
       (B) upon decontamination, the land could be opened to the 
     operation of some or all of the public land laws, including 
     the mining laws.
       (c) Authority of Secretary of the Interior To Refuse 
     Contaminated Lands.--The Secretary of the Interior shall not 
     be required to accept lands proposed for relinquishment if 
     the Secretary of the Army and the Secretary of the Interior 
     conclude that--
       (1) decontamination of any or all of the lands proposed for 
     relinquishment is not practicable or economically feasible;
       (2) the lands cannot be decontaminated sufficiently to 
     allow them to be opened to the operation of the public land 
     laws; or
       (3) insufficient funds are appropriated for the purpose of 
     decontaminating the lands.
       (d) Effect of Continued Contamination.--If the Secretary of 
     the Interior declines under subsection (c) to accept 
     jurisdiction of lands proposed for relinquishment or if the 
     Secretary of the Interior determines under subsection (a)(2) 
     that some of the lands withdrawn by this Act are contaminated 
     to an extent that prevents opening the contaminated lands to 
     operation of the public land laws--
       (1) the Secretary of the Army shall take appropriate steps 
     to warn the public of the contaminated state of such lands 
     and any risks associated with entry onto such lands;
       (2) after the expiration of the withdrawal, the Secretary 
     of the Army shall undertake no activities on such lands 
     except in connection with decontamination of such lands; and
       (3) the Secretary of the Army shall report to the Secretary 
     of the Interior and to the Congress concerning the status of 
     such lands and all actions taken under paragraphs (1) and 
     (2).
       (e) Effect of Subsequent Decontamination.--If the lands 
     described in subsection (d) are subsequently decontaminated, 
     upon certification by the Secretary of the Army that the 
     lands are safe for all nonmilitary uses, the Secretary of the 
     Interior shall reconsider accepting jurisdiction over the 
     lands.
       (f) Effect on Other Laws.--Nothing in this Act shall 
     affect, or be construed to affect, the obligations of the 
     Secretary of the Army, if any, to decontaminate lands 
     withdrawn by this Act pursuant to applicable law, including 
     the Comprehensive Environmental Response Compensation and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) and the Solid 
     Waste Disposal Act (42 U.S.C. 6901 et seq.).

     SEC. 10. DELEGATION.

       The functions of the Secretary of the Army under this Act 
     may be delegated. The functions of the Secretary of the 
     Interior under this Act may be delegated, except that the 
     order referred to in section 8(d) may be approved and signed 
     only by the Secretary of the Interior, the Deputy Secretary 
     of the Interior, or an Assistant Secretary of the Department 
     of the Interior.

     SEC. 11. HOLD HARMLESS.

       (a) In General.--The United States shall be held harmless 
     and shall not be liable for any injuries or damages to 
     persons or property suffered in the course of any mining, 
     mineral activity, or geothermal leasing activity conducted on 
     lands comprising the Fort Carson Reservation or Pinon Canyon 
     Maneuver Site, including liabilities to non-Federal entities 
     under section 107 or 113 of the Comprehensive Environmental 
     Response Compensation and Liability Act of 1980 (42 U.S.C. 
     9607, 9613), or section 7003 of the Solid Waste Disposal Act 
     (42 U.S.C. 6973).
       (b) Indemnification.--Any party conducting any mining, 
     mineral, or geothermal leasing activity on lands comprising 
     the Fort Carson Reservation or Pinon Canyon Maneuver Site 
     shall indemnify the United States against any costs, fees, 
     damages, or other liabilities (including costs of litigation) 
     incurred by the United States and arising from or relating to 
     such mining activities, including costs of mineral materials 
     disposal, whether arising under the Comprehensive 
     Environmental Response Compensation and Liability Act of 
     1980, the Solid Waste Disposal Act, or otherwise.

     SEC. 12. AMENDMENT TO MILITARY LANDS WITHDRAWAL ACT OF 1986.

       (a) Use of Certain Resources.--Section 3(f) of the Military 
     Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat. 
     3461) is amended by adding at the end the following new 
     paragraph:
       ``(2) Subject to valid existing rights, the Secretary of 
     the military department concerned may utilize sand, gravel, 
     or similar mineral or material resources when the use of such 
     resources is required for construction needs on the 
     respective lands withdrawn by this Act.''.
       (b) Technical Correction.--Section 9(b) of the Military 
     Lands Withdrawal Act of 1986 (Public Law 99-606; 100 Stat. 
     3466) is amended by striking ``section 7(f)'' and inserting 
     in lieu thereof ``section 8(f)''.

     SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

       There are hereby authorized to be appropriated such sums as 
     may be necessary to carry out the purposes of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Colorado [Mr. Hefley] will be recognized for 20 minutes, and the 
gentleman from New Mexico [Mr. Richardson] will be recognized for 20 
minutes.
  The Chair recognizes the gentleman from Colorado [Mr. Hefley].
  Mr. HEFLEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, at the outset, I would like to thank my colleagues on 
the National Security Committee and the Resources Committee, 
particularly Chairman Spence, Chairman Young, and ranking minority 
members, Dellums and Miller, for their willingness to consider H.R. 256 
early in this session.
  H.R. 256 would withdraw and reserve certain public lands and minerals 
within El Paso, Pueblo, Teller, and Las Animas Counties in Colorado for 
military purposes. The bill would withdraw 3,133 acres of public lands 
and minerals and another 11,415 acres of public domain mineral estate 
within the existing Fort Carson Military Reservation. The bill would 
also withdraw 2,517 acres of surface land and 130,139 acres of minerals 
at the associated Pinon Canyon maneuver site.
  Since the 1930's, the Army has used the lands on which Fort Carson 
was established, and the Pinon Canon maneuver site has been in use 
since the early 1980's. The legislation will help provide the space 
necessary to improve training for our Armed Forces. The principal uses 
of the withdrawn acreage will be for mechanized training at battalion 
and brigade levels with related maneuvering, training, and weapons 
firing. I want to note, however, that no weapons firing will be 
conducted at Pinon Canyon due to environmental constraints.
  The Department of the Army and the Department of the interior have 
renewed the withdrawal of mineral rights controlled by the Bureau of 
Land Management every 5 years. The previous withdrawal expired on June 
23, 1993. The BLM has argued that these 5-year withdrawals are too 
short, since environmental assessment work leading up to the renewals 
take about 8 years. Thus, the bill before the House includes 
[[Page H3831]] a 15-year withdrawal period. This is consistent with the 
Military Lands Withdrawal Act of 1986 and with earlier legislation 
which provided a 15-year withdrawal for Nellis Air Force Base in 
Nevada.
  The Army would prefer a 25-year withdrawal period because of the 
substantial lead time required to comply with all statutory and 
administrative requirements to process military land withdrawals. 
However, the Army can support this compromise of a 15-year withdrawal 
period.
  I would note that the text of the bill you see before you is 
virtually identical to legislation which passed the House in the 
previous two Congresses.
  As I said, Fort Carson's immediate past mineral withdrawal expired on 
June 23, 1992. That withdrawal has been extended, both administratively 
and through a 1-year legislative extension in 1992. This is an 
important administrative matter, and I hope the other body will move 
quickly on this legislation so that we can send this measure to the 
White House for the President's signature.
  I urge my colleagues to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. RICHARDSON. Mr. Speaker, I yield myself such time as I may 
consume.
  (Mr. RICHARDSON asked and was given permission to revise and extend 
his remarks.)
  Mr. RICHARDSON. Mr. Speaker, this is the third time the House has 
considered this legislation, having passed it previously in both the 
102d and 103d Congress. H.R. 265 would withdraw and reserve for 
military use certain public lands and minerals in two existing 
military-use areas, the Fort Carson Reservation and the Pinon Canyon 
maneuver area, both in Colorado.
  I would note that H.R. 256 differs from the version of the bill that 
passed the House in the last Congress. The bill now includes amendments 
that were adopted by the Senate Energy and Natural Resources Committee 
in the bill they reported to the Senate last year. If the Senate had 
been able to pass the bill, it is my understanding that the House would 
have likely gone along with those changes.
  Mr. Speaker, I hope for the sponsor, Representative Hefley's sake, 
that the third time around on this legislation is the charm. I support 
the legislation and recommend its adoption by the House.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HEFLEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I would comment in response to the comment of the 
gentleman from New Mexico [Mr. Richardson], this has become like the 
cherry blossoms. It is a rite of springtime here in Washington. I hope 
this is the last time we have to look at this bill, and that we can get 
it passed and move on to other things.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. RICHARDSON. Mr. Speaker, I yield 4 minutes to the gentleman from 
Texas [Mr. Ortiz], the ranking member of the Subcommittee on National 
Security.
  Mr. ORTIZ. Mr. Speaker, let me thank the gentleman from Colorado, 
Chairman Hefley, for the outstanding job he has done.
  Mr. Speaker, I would like my colleagues to know that there is no 
controversy with respect to this legislation. This bill passed the 
Committee on National Security without dissent. An identical bill 
previously passed the House of Representatives and has passed the U.S. 
Senate. It passed the Committee on Resources on January 18 of this year 
by a vote of 42 to 0. The Department of the Army and the Bureau of Land 
Management support this bill.
  Mr. Speaker, I ask for support of this legislation.
  Mrs. SCHROEDER. Mr. Speaker, I rise in support of H.R. 256. As my 
colleagues have stated, there is no opposition to this bill. This is 
the second year this bill has been taken up. It has been favorably 
reported out of both the Natural Resources and National Security 
Committees. I would like to thank my colleagues involved who have put 
so much work into getting this bill to the floor.
  Mr. RICHARDSON. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Colorado [Mr. Hefley] that the House suspend the rules 
and pass the bill, H.R. 256.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.
  

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