[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 320 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 320
To require the Secretary of the Army to carry out a pilot project on
compatible use buffers on real property bordering Fort Carson,
Colorado, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 8, 2005
Mr. Allard introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To require the Secretary of the Army to carry out a pilot project on
compatible use buffers on real property bordering Fort Carson,
Colorado, and for other purposes.
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.
(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.
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