[Congressional Record Volume 147, Number 93 (Friday, June 29, 2001)]
[Senate]
[Pages S7200-S7202]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ALLARD:
  S. 1146. A bill to amend the Act of March 3, 1875, to permit the 
State of Colorado to use land held in trust by the State as open space; 
to the Committee on Energy and Natural Resources.
  Mr. ALLARD. Mr. President, today I am introducing legislation to 
fulfill the wishes of my fellow Coloradans to allow the State to 
protect 300,000 acres of State land as open space.
  The origins of this issue date back to 1875 when Congress passed the 
legislation which authorized the Territory of Colorado to form a 
constitution, State government and be admitted into the Union. The 1875 
Enabling Act established that Sections 16 and 36 of each township in 
the new State would be ``granted to said State for the support of 
common schools.'' The Federal directive to the State was clear: provide 
a sound financial basis for the long-term benefit of public schools. 
The Colorado State Constitution further strengthened this position and 
required that the new State Board of Land Commissioners manage its land 
holdings ``in such a matter as will secure the maximum possible 
amount'' for the public school fund.
  Today, there are some three million surface acres of State trust 
lands which are leased for ranching, farming, oil and gas production 
and other uses. Some of these lands are the most beautiful parcels in 
the state and offer a tremendous natural resource.
  Through the years, the lands have been a reliable, but a dwindling 
source of funds to the overall education budget. Currently, the State 
of Colorado spends approximately $3.5 billion annually on public 
schools, of this amount revenues from State trust lands account for 
about $22 million.
  Now, however, Coloradans priorities have changed, including a strong 
desire to protect open space and the environment. These changes became 
evident in a 1996 voter approved State Constitutional Amendment which 
gave more flexibility in the management of the trust lands. Among other 
things, the Amendment established a 300,000 acre Stewardship Trust. The 
voters recognized that certain State trust lands may be more valuable 
in the future if they are kept in the trust land portfolio rather than 
disposed of for a short term financial gains. The lands in the new 
Stewardship Trust will be managed ``to maximize options for continued 
stewardship, public use or future disposition'' by protecting and 
enhancing the ``beauty, natural values, open space and wildlife 
habitat'' on these parcels. Further, it struck the provision requiring 
``maximizing revenue'' and replaced it with a requirement that the land 
board to manage its land holdings ``in order to produce reasonable and 
consistent income over time.''

[[Page S7202]]

  While the Amendment has withstood court challenges, it still remains 
that the Stewardship Trust could, in the future, cause a breach of the 
Enabling Act. In order to correct this potential breach, I am 
introducing this legislation with the full support of the State of 
Colorado to ensure that the wishes of the voters are upheld and the 
Stewardship Trust is fully implemented. There are two key points of the 
legislation. First, the bill allows 300,000 acres of state trust lands 
to be used for open space, wildlife habitat, scenic value or other 
natural value. Second, it exempts these lands from the requirement that 
they generate income for the common schools.
  The Colorado State Land Board has a clear mission for implementing 
the Stewardship Trust: to protect the crown jewels of the state trust 
lands and ensure that these lands receive special protection from sale 
or development.
  It is also clear that Colorado voters wanted to set aside 300,000 
acres from potential development. I want to help the State fulfill 
these goals.
  This is a unique bill and ensures the state's flexibility in managing 
the trust lands. It does not change the intent of the Stewardship 
Trust, just ensures that the Enabling Act and the State Constitution 
are consistent.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record as follows:

                                S. 1146

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

     SECTION 1. COLORADO TRUST LAND.

       Section 7 of the Act of March 3, 1875 (18 Stat. 475, 
     chapter 139) (commonly known as the ``Colorado Enabling 
     Act''), is amended by inserting before the period at the end 
     the following: ``and for use for open space, wildlife 
     habitat, scenic value, or other natural value, regardless of 
     whether the land generates income for the common schools as 
     described under section 14, except that the amount of land 
     used for natural value shall not exceed 300,000 acres''.
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