[House Report 104-28]
[From the U.S. Government Publishing Office]



104th Congress                                             Rept. 104-28
                        HOUSE OF REPRESENTATIVES

 1st Session                                                     Part 1
_______________________________________________________________________


 
         FORT CARSON-PINON CANYON MILITARY LANDS WITHDRAWAL ACT

                                _______


               February 10, 1995.--Ordered to be printed

_______________________________________________________________________


  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 256]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred 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, having considered the same, report 
favorably thereon without amendment and recommend that the bill 
do pass.

                          Purpose of the Bill

    The purpose of H.R. 256 is to withdraw certain public lands 
and Federally-owned minerals located within the existing Fort 
Carson Military Reservation and the associated Pinon Canyon 
Maneuver Site, both in Colorado, from the operation of the 
public land, disposal, mineral entry, and mineral leasing laws, 
and to reserve these lands for military purposes.

                  Background and Need for Legislation

    Before 1958, withdrawals of public lands for military 
purposes were accomplished through administrative actions. 
Since enactment of the ``Engle Act'' of 1958 (Public Law 85-
337), a peacetime military withdrawal exceeding 5,000 acres of 
public lands can be accomplished only through Congressional 
action.
    The Fort Carson Military Reservation, located in the 
counties of El Paso, Pueblo, and Fremont in the State of 
Colorado, has been used by the Army for many years and was most 
recently withdrawn prior to enactment of the Engle Act. H.R. 
256 would withdraw approximately 3,133 acres of public lands 
and 11,415 acres of mineral rights within the Reservation.
    The Pinon Canyon Maneuver Site, in Las Animas County, 
Colorado, is a newer facility established primarily by 
acquisition of privately owned surface estates. At this site, 
H.R. 256 would withdraw approximately 2,517 acres of surface 
and approximately 130,139 acres of minerals.
    The Fort Carson Reservation lands would be used primarily 
for military maneuvering, training, and weapons firing; the 
Pinon Canyon lands would be used for maneuvering, training and 
other defense-related purposes.
    THe Pinon Canyon lands, the additional lands in Fort 
Carson, and all the mineral interests covered by the bill have 
been temporarily withdrawn pending the enactment of this 
legislation.
    A similar bill for withdrawal of public lands in the State 
of Colorado passed the House in both the 102d and 103d 
Congress, but action was not completed before sine die 
adjournment.

                            Committee Action

    H.R. 256 was introduced on January 4, 1995, by Mr. Hefley, 
and referred to the Committee on Resources. The Committee 
retained the bill at Full Committee. The bill was ordered 
reported by the Committee to the House of Representatives on 
January 18, 1995, by a unanimous roll call vote of 42 yeas, 0 
nays, as follows:
        YEAS--42                      NAYS--0
Mr. Young
Mr. Hansen
Mr. Saxton
Mr. Gallegly
Mr. Hefley
Mr. Doolittle
Mr. Allard
Mr. Gilchrest
Mr. Calvert
Mr. Pombo
Mr. Torkildsen
Mr. Hayworth
Mr. Cremeans
Mrs. Cubin
Mr. Cooley
Mrs. Chenoweth
Mr. Radanovich
Mr. Jones
Mr. Thornberry
Mr. Hastings
Mr. Metcalf
Mr. Longley
Mr. Shadegg
Mr. Miller
Mr. Rahall
Mr. Vento
Mr. Kildee
Mr. Williams
Mr. Gejdenson
Mr. Richardson
Mr. DeFazio
Mr. Faleomavaega
Mr. Johnson
Mr. Abercrombie
Mr. Studds
Mr. Tauzin
Mr. Ortiz
Mr. Dooley
Mr. Romero-Barcelo
Mr. Deal
Mr. Underwood
Mr. Farr

                      Section-by-Section Analysis

    Section 1 entitles the Act the ``Fort Carson-Pinon Canyon 
Military Lands Withdrawal Act'' and provides a table of 
contents.
    Section 2 withdraws, subject to valid existing rights, 
lands located at Fort Carson from the mining, mineral and 
geothermal leasing, and mineral materials disposal laws, and 
reserves these lands for use by the Secretary of the Army for 
military maneuvering, training, and weapons firing. The site 
consists of 3,133.02 acres of public land and 11,415.16 acres 
of Federally-owned minerals in El Paso, Pueblo, and Fremont 
Counties in the State of Colorado, and are depicted in a map 
entitled ``Fort Carson Proposed Withdrawal--Fort Carson Base'', 
dated February 6, 1992.
    Section 3 withdraws from the operation of the public laws, 
and from the mining, mineral and geothermal leasing, and 
mineral materials disposal laws, subject to valid existing 
rights, lands located at the Pinon Canyon Maneuver Site. The 
site consists of 2,517.12 acres of public lands and 130,139 
acres of Federally-owned minerals in Las Animas County, 
Colorado, to be used by the Secretary of the Army for military 
maneuvering, training, and other defense-related purposes, and 
are depicted in a map entitled ``Fort Carson Proposed 
Withdrawal--Fort Carson Maneuver Area--Pinon Canyon site'', 
dated February 6, 1992.
    Section 4 requires that the maps and legal descriptions of 
the lands withdrawn by this Act be prepared by the Secretary of 
the Interior and published in the Federal Register.
    Section 5(a) provides that the Secretary of the Army shall 
manage the surface of the withdrawn lands and may authorize use 
of the land by other military departments or other agencies of 
the Defense Department, or the National Guard. The Secretary of 
the Army may close roads or trails within the withdrawn areas 
when safety requires, and must take necessary precautions to 
prevent and suppress range and brush fires.
    Subsection (b) provides for a management plan to be 
prepared by the Secretary of the Army with the concurrence of 
the Secretary of the Interior.
    Subsection (c) requires the two Secretaries to enter into a 
memorandum of understanding to implement the management plan.
    Subsection (d) authorizes the Secretary of the Army to 
utilize sand, gravel, or similar mineral or mineral material 
resources for construction needs for the Fort Carson 
Reservation or the Pinon Canyon Maneuver Site from lands 
withdrawn by this Act, subject to valid existing rights.
    Section 6 provides that the management of withdrawn and 
acquired mineral resources shall be conducted pursuant to the 
Military Lands Withdrawal Act of 1986 (Public Law 99-606; 100 
Stat. 3466), as applicable.
    Section 7 provides that hunting, fishing, and trapping 
activities on the lands concerned in this Act will be managed 
pursuant to section 2671 of title 10 of the United States Code, 
which requires that all hunting, fishing, and trapping on a 
military installation or facility be in accordance with the 
fish and game laws of the State in which the facility is 
located.
    Section 8(a) provides that the land withdrawal and 
reservation will terminate 15 years after the date of enactment 
of this Act.
    Subsection (b) requires that at least 3 years before 
termination of the withdrawal, the Secretary of the Army shall 
advise the Secretary of the Interior as to whether the Army 
will have a continuing military need for the withdrawn lands. 
Should the Secretary of the Army conclude there is a continuing 
need for the withdrawal, an evaluation of the environmental 
effects of such a renewal will be assessed to the extent 
required by applicable law. An application for an extension of 
the withdrawal will be filed with the Department of the 
Interior, in accordance with Interior regulations and 
procedures.
    Subsection (c) provides that if the Army concludes that 
there is no military need for some or all of the lands after 
the end of the withdrawal, or if during the withdrawal the Army 
decides to relinquish some or all of the lands, an appropriate 
notice is to be filed with the Department of the Interior.
    Subsection (d) provides that the Secretary of the Interior 
may accept jurisdiction over lands proposed for relinquishment 
and must at that time accept full jurisdiction over the lands, 
stating when the lands will be open to the public land laws, 
including mining laws, if appropriate.
    Subsection 9(a) provides that prior to filing a notice to 
relinquish, the Secretary of the Army shall determine whether 
the lands are contaminated with explosive, toxic or other 
hazardous materials. At the termination of the withdrawal, the 
Secretary of the Interior shall determine the extent to which 
the lands are contaminated.
    Subsection (b) provides for an ongoing program of 
decontamination to the extent that funds are available.
    Subsection (c) provides that the Secretary of the Interior 
shall not be required to accept any lands proposed for 
relinquishment, if he determines them to be contaminated.
    Subsection (d) provides that if the Secretary of the 
Interior determines that lands are contaminated, the Secretary 
of the Army shall take appropriate steps to warn the public, 
and prohibits any other activities on the lands after 
expiration of the withdrawal, except for decontamination.
    Section (e) provides that if the lands are subsequently 
decontaminated, the Secretary of the Interior shall reconsider 
accepting jurisdiction if the Secretary of the Army certifies 
that the lands are safe for all nonmilitary purposes.
    Section 10 provides that the functions of the Secretaries 
of the Army and the Interior under this Act may be delegated 
without restriction, except that an Interior Department order 
accepting jurisdiction over Army-relinquished lands may be 
signed only the Secretary, Deputy Secretary, or an Assistant 
Secretary of the Interior.
    Section 11 provides that the United States and its agencies 
and departments will be held harmless and not liable for any 
injuries to persons or property suffered in the course of any 
mining, mineral leasing, or geothermal leasing on the lands 
within the Fort Carson Reservation or Pinon Canyon Maneuver 
Site, including liabilities to non-Federal entities under the 
Comprehensive Environmental Response, Compensation and 
Liability Act of 1980 (CERCLA) or the Solid Waste Disposal Act. 
Parties conducting mining, mineral leasing or geothermal 
leasing activities on these lands shall indemnify the United 
States for liabilities arising under CERCLA and the Solid Waste 
Disposal Act, including the cost of litigation.
    Section 12 amends the Military Lands Withdrawal Act of 1986 
to allow, subject to valid existing rights, military use of 
sand, gravel, and similar construction materials on the lands 
withdrawn by that Act. This section also makes a technical 
correction to section 9 of the Military Lands Withdrawal Act.
    Section 13 authorizes the appropriation of such sums as may 
be necessary to carry out the purposes of this Act.

            Committee Oversight Findings and Recommendations

    Pursuant to clause 2(l)(3) of rule XI of the Rules of the 
House of Representatives and clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, the Committee's 
oversight findings and recommendations are reflected in the 
body of this report.

                     Inflationary Impact Statement

    Pursuant to clause 2(l)(4) of rule XI of the Rules of the 
House of Representatives, the Committee estimates that the 
enactment of H.R. 256 will have no significant inflationary 
impact on prices and costs in the operation of the national 
economy.

                        Cost of the Legislation

    Clause 7 of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 256. However, clause 7(d) of the rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
256 does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    2. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 256.
    3. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 256 
from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, January 27, 1995.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
reviewed H.R. 256, the Fort Carson-Pinon Canyon Military Lands 
Withdrawal Act, as ordered reported by the House Committee on 
Resources on January 18, 1995. CBO estimates that 
implementation of H.R. 256 would cost the federal government 
$300,000 in the two years after enactment. The government could 
collect some additional rental and royalty payments, which 
would affect direct spending, but any such collections are 
likely to be negligible. Because enactment of the bill could 
affect direct spending, pay-as-you-go procedures would apply.
    Subject to valid existing rights, H.R. 256 would withdraw 
from all forms of appropriation under the public land laws 
5,650 acres of public land and 141,554 acres of federally owned 
minerals in the Fort Carson Military Reservation and Pinon 
Canyon Maneuver Site in Colorado. In addition, the bill would 
reserve the withdrawn lands for use by the Secretary of the 
Army. The Secretary, with the concurrence of the Secretary of 
the Interior, would be required to develop and implement a land 
management plan for the two military installations. In general, 
the Secretary of the Interior would manage all mineral 
resources. Finally, the bill would establish procedures to be 
carried out when the land withdrawal expires.
    The land management plan would be the only additional 
responsibility required of the federal government by H.R. 256. 
Based on information from the Army, we estimate that the 
development of the plan would cost about $300,000 in the two 
years after enactment. After the plan is completed, the federal 
government could receive additional rental and royalty payments 
as the result of leasing and mining activities. (No new mining 
operation can be established under current law.) Information 
from the Bureau of Land Management, however, indicates that the 
mineral resource potential of the land is minimal and that the 
budgetary effect of allowing mining activities would be 
insignificant.
    Enactment of H.R. 256 would not affect the budgets of state 
and local governments.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Theresa 
Gullo.
            Sincerely,
                                      Robert D. Reischauer,
                                                          Director.

                          Departmental Reports

    The Committee has received no departmental reports on H.R. 
256.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3 of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                 MILITARY LANDS WITHDRAWAL ACT OF 1986

          * * * * * * *

SEC. 3. MANAGEMENT OF WITHDRAWN LANDS.

    (a) * * *
          * * * * * * *
    (f) Additional Military Uses.--(1) * * *
    (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.
          * * * * * * *

SEC. 9. DELEGABILITY.

    (a) * * *
    (b) Interior.--The functions of the Secretary of the 
Interior under this title may be delegated, except that an 
order described in section [7(f)] 8(f) may be approved and 
signed only by the Secretary of the Interior, the Under 
Secretary of the Interior, or an Assistant Secretary of the 
Department of the Interior.
          * * * * * * *