[House Report 104-28]
[From the U.S. Government Publishing Office]
104th Congress Rept. 104-28
HOUSE OF REPRESENTATIVES
1st Session Part 2
_______________________________________________________________________
FORT CARSON-PINON CANYON MILITARY LANDS WITHDRAWAL ACT
_______
February, 14, 1995.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______________________________________________________________________
Mr. Spence, from the Committee on National Security, 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 National Security, 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 and Summary
The purpose of H.R. 256 is to withdraw and reserve certain
public lands and mineral rights within the state of Colorado
for military purposes. The bill would withdraw for military
purposes 3,133.02 acres of public lands and 11,415.16 acres of
federally owned minerals located within the existing Fort
Carson Military Reservation; and 2,517.12 acres of surface land
and 130,139 acres of minerals at the associated Pinon Canyon
Maneuver Site, both in Colorado.
The Secretary of the Army would be given management
responsibility of the lands withdrawn for military purposes.
The Secretary of the Interior would be given management
responsibility for all other purposes. Not later than five
years after enactment, the Secretary of the Army, with the
concurrence of the Secretary of the Interior, would develop a
plan for the management of such lands. To implement the
management plan a memorandum of understanding would be entered
into by the Secretaries of the Army and Interior that could be
amended by agreement of both Secretaries.
Every five years, the Secretaries would be required to
determine which lands are suitable, if any, for opening for
mining, mineral and geothermal leasing or mineral material
disposal. The Secretary of the Interior would publish a notice
in the Federal Register listing the lands determined suitable
and specifying the opening date.
The bill provides that the United States shall be held
harmless and not liable for injuries or damages arising out of
any such mining, mineral activity, or geothermal leasing
activity conducted on the Fort Carson Reservation or the Pinon
Canyon Maneuver Site. It further provides for indemnification
of the United States for any costs, fees, damages, or other
liabilities incurred as a result of such activities.
All hunting, fishing, and trapping on the withdrawn and
reserved lands would be conducted in accordance with state law
under the provisions of section 2671 of title 10, United States
Code.
Consistent with the Military Lands Withdrawal Act of 1986
(Public Law 99-606), the withdrawal would terminate 15 years
after enactment. Procedures would also be set up for renewal or
relinquishment of the reserved and withdrawn lands upon
termination.
The bill also provides for decontamination of the withdrawn
land, both during the period of withdrawal and upon
relinquishment of the lands by the Department of the Army. It
further establishes procedures to be followed in the event that
the Secretary of the Interior and the Secretary of the Army
conclude that it is not practicable or economically feasible
for any or all of the lands to be decontaminated.
The bill also would amend Public Law 99-606 to allow the
Secretary of the military department concerned to utilize sand,
gravel, or similar mineral or material resources for on-site
construction needs for lands withdrawn under that Act. The same
authority is provided by this bill for lands withdrawn herein.
Background
Before 1958, withdrawals of public lands for military
purposes were accomplished through administrative actions.
Since enactment of the ``Engle Act'' (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 El Paso,
Pueblo, and Teller Counties, Colorado, has been used by the
Army since 1942 and was permanently withdrawn prior to
enactment of the Engle Act. H.R. 256 would withdraw an
additional 3,133.02 acres of public lands and 11,415.16 acres
of federally owned mineral rights within this reservation.
The Pinon Canyon Maneuver Site, located in Las Animas
County, Colorado, is a newer facility established in 1981
primarily by acquisition of privately-owned land. H.R. 256
would withdraw 2,517.12 acres of surface land and 130,139 acres
of federally owned mineral rights.
The principal use of Fort Carson and Pinon Canyon lands is
mechanized training at battalion and brigade levels. The Fort
Carson land would be used primarily for military maneuvering,
training, and weapons firing; the Pinon Canyon lands would be
used for maneuvering and training but not weapons firing.
The Pinon Canyon lands, and all the mineral interests
covered by the bill, were covered by a temporary withdrawal
pending legislation. During the 102d Congress and 103d
Congress, the House passed essentially identical legislation.
Action was not completed before sine die adjournment in either
Congress.
Legislative History
H.R. 256 was introduced by Rep. Joel Hefley (R-CO) on
January 4, 1995, and was referred to the Committee on National
Security and, in addition, to the Committee on Resources. On
January 18, 1995 the Committee on Resources considered H.R.
256, and a markup session was held. The bill was ordered to be
reported by the yeas and nays (42-0).
On January 31, 1995 the Committee on National Security
considered H.R. 256 and, by voice vote, unanimously agreed to
favorably report H.R. 256, without amendment, to the House.
Legislation essentially identical to H.R. 256 passed the
House of Representatives in the 102d Congress (H.R. 4404). On
July 2, 1992 the Military Installations and Facilities
Subcommittee of the House Armed Services Committee considered
the bill and adopted an amendment in the nature of a substitute
by voice vote. The Committee on Armed Services approved H.R.
4404, as amended, by voice vote on August 4, 1992. The House of
Representatives passed H.R. 4404 on August 10, 1992. In the
103d Congress similar legislation was again introduced (H.R.
194). On May 5, 1993 the Committee on Armed Services approved
an amendment in the nature of a substitute to H.R. 194
incorporating the amendments adopted by the Committee on
Natural Resources. The committee subsequently agreed by voice
vote to favorably report H.R. 194, as amended, to the House. On
May 11, 1994 H.R. 194 passed the House of Representatives as
amended by a voice vote.
Departmental Position
The committee understands the Department of Defense
supports H.R. 256.
Committee Position
The Committee on National Security, on January 31, 1995, a
quorum being present, approved H.R. 256, without amendment, by
voice vote.
Congressional Budget Office Estimate
In compliance with clause 2(l)(3)(C) of rule XI of the
Rules of the House of Representatives, the cost estimate
prepared by the Congressional Budget Office and submitted
pursuant to section 403 of the Congressional Budget Act of 1974
is as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 3, 1995.
Hon. Floyd D. Spence,
Chairman, Committee on National Security,
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
National Security on January 31, 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.
Committee Cost Estimate
The committee generally concurs with the estimate as
contained in the report of the Congressional Budget Office.
Inflation Impact Statement
Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the committee concludes that the bill
would have no significant inflationary impact.
Oversight Findings
With reference to clause 2(l)(3)(A) of rule XI of the Rules
of the House of Representatives, this legislation results from
hearings and other oversight activities conducted by the
committee pursuant to clause 2(b)(1) of rule X.
With respect to clause 2(l)(3)(B) of rule XI of the Rules
of the House of Representatives, this legislation does not
include any new budget, spending, or credit authority, nor does
it provide for any increase or decrease in tax revenues or
expenditures.
With respect to clause 2(l)(3)(D) of rule XI of the Rules
of the House of Representatives, the committee has not received
a report from the Committee on Government Reform and Oversight
pertaining to the subject matter of H.R. 256.
Roll Call Votes
In accordance with clause 2(l)(2)(B) of rule XI of the
Rules of the House of Representatives, the record of roll call
votes taken with respect to H.R. 256 is appended to this
report.
Final passage of H.R. 256 passed by voice vote.
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.
* * * * * * *