Pub. L. 101-510, div. B, tit. XXVIII, pt. C, sec. 2825

TRANSFER OF LANDS, PINON CANYON, COLORADO

EnactedYear: 1990Length: 940 wordsOfficial source
SEC. 2825. TRANSFER OF LANDS, PINON CANYON, COLORADO (a) Transfer.— Notwithstanding any other provision of law and subject to subsections (b) through (d), the Secretary of the Army shall transfer administrative jurisdiction of approximately 16,707 acres of land at the Pinon Canyon Maneuver Site, Colorado, consisting of all parcels of land identified by the Secretary of the Army as uneconomic remnant lands, to the Secretary of Agriculture for inclusion in the Comanche National Grassland. The Secretary of Agriculture shall administer the transferred lands in accordance with laws applicable to the National Forest system. (b) Description of the Property.— (1) The exact acreage and legal description of the property to be transferred under this section shall be determined by surveys satisfactory to the Secretary of the Army and the Secretary of Agriculture. (2) The Secretary of Agriculture, with the concurrence of the Secretary of the Army, shall prepare a map of the lands to be conveyed. Such lands shall be known as the Picket Wire Canyonlands (hereafter in this section referred to as the “PWC”). (3) The legal description and map referred to in paragraphs (1) and (2) shall be kept on file and available for public inspection in the office of the Chief of the Forest Service, Department of Agriculture. (c) Administration of Lands.— (1) The Secretary of Agriculture shall administer the transferred lands so as to conserve and protect the paleontological, archaeological, wildlife, vegetative, aquatic, and other natural resources of the area. (2) The management provisions of this section shall apply only to those parcels of the transferred lands comprising approximately 11,507 acres in the Purgatoire River Canyon. (3) The Secretary of Agriculture may permit access to the PWC for the purpose of permitting scholarly research, interpretation to the public, and recreational activities to the extent that such access does not— (A) impair (as determined by the Secretary of the Army) the use of the Pinon Canyon Maneuver Site for the purposes for which the area is intended to be used by the Army; or (B) impair the conservation and protection of paleontological, archaeological, or natural resources of the area. (4) The Secretary of Agriculture may permit livestock grazing in the PWC only to the extent that the Secretary determines necessary to benefit the natural resources of the area. (5) Lands of the PWC are withdrawn from operation of the mining, mineral leasing, and other mineral entry laws of the United States. (6) No activity shall be permitted in the PWC that would impair (as determined by the Secretary of the Army) the use of the Pinon Canyon Maneuver Site for the purposes for which the site is intended to be used by the Army or the conservation and protection of the paleontological, archaeological, and natural resources of the area, including production of or exploration for oil, gas, or minerals of any kind. 104 STAT. 1792 (7) Lands to be transferred may not be used for the storage or processing of nuclear waste, other hazardous waste, or any other waste. (8) The Secretary of Agriculture, in consultation with the Director of the National Park Service, the Director of United States Fish and Wildlife Service, the Secretary of the Army, the head of the Colorado Department of Natural Resources, and the head of the Colorado State Historic Preservation Office, shall, after notice and opportunity for public comment, develop a management plan for the PWC that includes— (A) a complete survey and an inventory of the paleontological and archaeological resources of the area; and (B) a strategy for protecting and conserving the dinosaur track way in the Purgatoire River Canyon and other paleontological and archaeological resources in the PWC. (d) Interagency Agreement.— (1) When the lands referred to in subsection (a) are transferred, the Secretary of the Army and the Secretary of Agriculture shall enter into an interagency agreement providing for— (A) access to the PWC through the Pinon Canyon Maneuver Site for the Secretary of Agriculture (for the purpose of taking action to conserve and protect the area’s resources) and the public (for educational purposes) in such manner, at such times, and to such an extent as will not interfere (as determined by the Secretary of the Army) with the Army’s use of the site; and (B) cooperation between the Army and the Forest Service in the protection and conservation of the paleontological, archaeological, and natural resources in the PWC. (2) In determining whether the manner, time, and extent of access through the Pinon Canyon Maneuver Site for a particular purpose will constitute interference with the Army’s use of the site for the purpose of paragraph (1)(B), the Secretary of the Army shall— (A) with respect to access by the Secretary of Agriculture for management purposes, take into consideration that the high importance of protecting and conserving the resources of the PWC may justify the imposition of some inconvenience to the Army, so long as the inconvenience does not prevent the Army from accomplishing its purposes on the Pinon Canyon Maneuver Site; and (B) with respect to access by the public, take into consideration comments solicited from the public by the Secretary of Agriculture concerning the need for and the kind of access that should be provided. (e) Authorization of Appropriations.— There are authorized to be appropriated to the Department of Agriculture such sums as are necessary to carry out this section, including such sums as are necessary to pay for— (1) a study of the paleontological resources of the PWC and action to prevent erosion of the dinosaur track way; (2) a complete cadastral survey of the PWC; and (3) an archaeological, paleontological, and historical survey of the PWC.
Pub. L. 101-510, div. B, tit. XXVIII, pt. C, sec. 2825: TRANSFER OF LANDS, PINON CANYON, COLORADO | Justis AI