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.

February 8, 2005

Mr. ALLARD introduced the following bill; which was read twice and referred to the Committee on Armed Services

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.

END