[House Report 104-28]
[From the U.S. Government Publishing Office]
104th Congress Rept. 104-28
HOUSE OF REPRESENTATIVES
1st Session Part 1
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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recently withdrawn prior to enactment of the Engle Act.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.
* * * * * * *