[Congressional Record Volume 151, Number 12 (Tuesday, February 8, 2005)]
[Senate]
[Pages S1135-S1136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ALLARD:
  S. 320. A bill to require the Secretary of the Army to carry out a 
pilot on compatible use buffers on real property bordering Fort Carson, 
Colorado, and for other purposes; to the Committee on Armed Services.
  Mr. ALLARD. Mr. President, I rise today to introduce the Fort Carson 
Conservation Act of 2005 and take a moment to explain why this 
legislation is critical to our national security.
  Since World War II, hundreds of thousands of soldiers at Fort Carson 
have trained in relative isolation. With few current residents nearby, 
the Army has been using Fort Carson's ranges for large-scale training 
exercises, weapons testing and live fire. This training often occurs at 
night, a vital capability given the Army's preference to conduct 
military operations in darkness.
  The 140,000 acre Army installation and training facility was once 
miles from Colorado Springs and Pueblo. As both cities grow closer to 
the base's fence line, Fort Carson is facing constraints on its 
training flexibility, impacting military readiness. The issue of 
training at the post is particularly relevant considering nearly 15,000 
soldiers based at Fort Carson have been deployed or are currently 
employed to Iraq.
  The situation is not getting better. Over the last two decades, real 
estate and industrial development along Colorado's front range has 
exploded. Hundreds of thousands of people have moved to the Centennial 
State and settled along the 1-25 corridor. I remember the days when it 
was possible to drive for miles along the eastern foothills of the 
Rocky Mountains and encounter few if any residential areas. Today, 
there seems to be development all along Colorado's front range.
  Yet, military readiness at the post is not the only thing at risk. 
The post's fragile prairie habitat is also in danger. Fort Carson has 
always prided itself on its conservation of the public trust. Mountain 
Post has a special office just to ensure environmental compliance and 
protect the post's biodiversity. The mountain plover, the black-tailed 
prairie dog, the Arkansas River feverfew, and the Pueblo goldenweed are 
among the many rare species protected at Fort Carson.
  Over the last 3 years Fort Carson has partnered with the Nature 
Conservancy on a unique plan to address the rising encroachment 
concerns. This forward-thinking plan calls for the purchase of 
conservation easements of lands south and southeast of the base for a 
small number of willing sellers.
  If implemented, I believe the plan will preserve the military utility 
of key Fort Carson training areas while conserving important short 
grass prairie at a landscape scale, along with the ranching community 
that sustains it. As much as 82,000 acres of uninhibited, precious 
prairie would be protected, including four globally rare plant species.
  The Army fully supports this plan and has consistently described it 
as its number one priority under the service's Compatible Use Buffer 
program. This plan also enjoys widespread support from the local 
community, including the Colorado Springs Chamber of Commerce. The 
Colorado Department of Transportation, the Great Outdoors of Colorado, 
and the Nature Conservancy all support the plan as well.
  I be1ieve we need to act now to protect unique training facilities 
like those at Fort Carson before it is too late. This program makes 
sense for the soldiers training at Fort Carson who require an isolated 
environment to conduct their maneuvers. This program makes sense for 
the environment.
  This plan makes too much sense for Congress to pass up. That is why I 
am introducing the Fort Carson Conservation Act. I am pleased that 
Congressman Joel Hefley is introducing this landmark legislation in the 
House of Representatives today as well.
  The Fort Carson Conservation Act of 2005 would require the Secretary 
of the Army to carry out a pilot project that creates a buffer zone out 
of the property bordering Fort Carson. The objective of this pilot 
would be to demonstrate the feasibility and effectiveness of utilizing 
conservation easements and leases to limit enroachment and preserve the 
environment.
  Under the pilot project, the Secretary of the Army would enter into 
agreements with one or more willing sellers to purchase conservation 
easements. These agreements would be founded on the authority already 
provided in section 2684a of title 10 of the United States Code. The 
pilot project would expire when either the project is completed or 
within 5 years.
  From my perspective, this pilot project is only the beginning. By 
working closely with the Army and the other military services, the 
Nature Conservancy has planted the seed for the expansion of this 
project. I strongly support the Conservancy's effort and believe that 
key military installations like Fort Bragg, Camp Lejeune, Fort 
Huachuca, Fort Stewart, and Eglin Air Force Base will soon be in a 
position to benefit from this proactive conservation effort.
  Mr. President, it is a little known secret that the Department of 
Defense is one of the best stewards of our environment. Almost 350 
endangered and threatened species live on military bases across the 
country--that is more than are found on land managed by the National 
Park Service, the Fish and Wildlife Service, and the Bureau of Land 
Management. In an era of rapid growth and urban development, military 
training areas have become, in many respects, the last refuge for many 
endangered species.
  Creating natural buffer zones that protect fragile habitat and ensure 
our military readiness is a win-win proposal. It is the right thing to 
do for the environment. It is the right thing to do for our Nation's 
Armed Forces. I urge my colleagues to support the Fort Carson 
Conservation Act.
  Thank you for the opportunity to speak on this important matter.
  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. 320

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fort Carson Conservation Act 
     of 2005''.

     SEC. 2. PILOT PROJECT ON COMPATIBLE USE BUFFERS ON REAL 
                   PROPERTY BORDERING FORT CARSON, COLORADO.

       (a) In General.--The Secretary of the Army shall carry out 
     a pilot project at Fort Carson, Colorado, for purposes of 
     evaluating the feasibility and effectiveness of utilizing 
     conservation easements and leases granted by one or more 
     willing sources to limit development and preserve habitat on 
     real property in the vicinity of or ecologically related to 
     military installations in the United States.
       (b) Procedures.--
       (1) Phases.--The Secretary shall carry out the pilot 
     project in four phases, as specified in the Fort Carson Army 
     Compatible Use Buffer Project.
       (2) Lease and easement agreements.--Under the pilot 
     project, the Secretary shall enter into agreements with one 
     or more eligible entities who are willing to do so to 
     purchase from the entity or entities one or more conservation 
     easements, or to lease from the entity or entities one or 
     more conservation leases, on real property in the vicinity of 
     or ecologically related to Fort Carson for the purposes of--
       (A) limiting any development or use of the property that 
     would be incompatible with the current and anticipated future 
     missions of Fort Carson; or
       (B) preserving habitat on the property in a manner that--
       (i) is compatible with environmental requirements; and
       (ii) may eliminate or reduce current or anticipated 
     environmental restrictions that would or might otherwise 
     restrict, impede, or otherwise interfere, whether directly or 
     indirectly, with current or anticipated military training, 
     testing, or operations on Fort Carson.

[[Page S1136]]

       (3) Encroachments and other constraints on use.--In 
     entering into agreements under the pilot project, the 
     Secretary may, subject to the provisions of this section, 
     utilize the authority for agreements under this subsection to 
     limit encroachments and other constraints on military 
     training, testing, and operations under section 2684a of 
     title 10, United States Code.
       (4) Relationship to current use plan.--Any agreement 
     entered into under the pilot project shall be compatible with 
     the Fort Carson Army Compatible Use Buffer Project.
       (c) Expiration.--The authority of the Secretary to enter 
     into agreements under the pilot project shall expire on the 
     earlier of--
       (1) the date of the completion of phase IV of the Fort 
     Carson Army Compatible Use Buffer Project; or
       (2) the date that is five years after the date of the 
     enactment of this Act.
       (d) Definitions.--In this section:
       (1) The term ``Fort Carson Army Compatible Use Buffer 
     Project'' means the Fort Carson Army Compatible Use Buffer 
     Project, a plan to use conservation easements and leases on 
     property in the vicinity of or ecologically related to Fort 
     Carson to create a land buffer to accommodate current and 
     future missions at Fort Carson while conserving sensitive 
     natural resources.
       (2) The term ``eligible entity'' means any of the 
     following:
       (A) A State or political subdivision of a State.
       (B) A private entity that has as its stated principal 
     organizational purpose or goal the conservation, restoration, 
     or preservation of land and natural resources, or a similar 
     purpose or goal, as determined by the Secretary.
       (e) Funding.--
       (1) Authorization of appropriations.--Funds are hereby 
     authorized to be appropriated to the Department of Defense 
     for fiscal year 2006 for the Department of Defense, for 
     expenses not otherwise provided for, for operation and 
     maintenance for Defense-wide activities in the amount of 
     $30,000,000, to be available for the pilot project.
       (2) Availability without fiscal year limitation.--Funds 
     authorized to be appropriated by paragraph (1) shall be 
     available without fiscal year limitation.
                                 ______