Denver Direct: Pinon Canyon Buy-back?


Thursday, February 14, 2013

Pinon Canyon Buy-back?

Colorado SB-13-037 proposes that the State undertake a buy-back of the land now comprising the Pinon Canyon maneuver site, originally seized by eminent domain (the largest ever). Overlooking the fact that the military has been using depleted uranium weapons on the site for years, original owners (mostly now deceased), their children/heirs, and other ranchers would be given the opportunity to buy back the land.

3-4-102. Legislative declaration. (1) THE GENERAL ASSEMBLY HEREBY FINDS, DETERMINES, AND DECLARES THAT:

(a) THE PINON CANYON MANEUVER SITE, LOCATED ON OVER TWO
HUNDRED THIRTY-FIVE THOUSAND ACRES IN SOUTHEASTERN COLORADO,
OPENED IN 1985. THE SITE, COMBINED WITH FORT CARSON’S TRAINING
AREAS, IS THE SECOND-LARGEST DEPARTMENT OF DEFENSE MANEUVER
TRAINING SITE IN THE NATION FOR SOLDIERS FROM FORT CARSON AND
OTHER MILITARY BASES.
(b) THE PINON CANYON MANEUVER SITE CONTAINS MAGNIFICENT
PRAIRIE AND CANYON LANDS. HOME TO A DIVERSE ECOSYSTEM, THE SITE
CONTAINS BIG AND SMALL GAME, FISHERIES, AND OTHER NON-GAME
WILDLIFE.BEYOND THE VAST ARRAY OF ANIMAL ECOLOGY PRESENT IN THE
AREA, THE SITE ALSO DISPLAYS FOREST, RANGELAND, AND MINERAL
RESOURCES. BOUNDED ON THE EAST BY THE RED PURGATOIRE RIVER
CANYON, THE PINON CANYON MANEUVER SITE EXPOSES YEARS OF
GEOLOGICAL PROCESSES, SANDSTONE FORMATIONS, AND SCENIC
WATERWAYS. FURTHER, THE PINON CANYON MANEUVER SITE PROVIDES
DEMONSTRABLE EVIDENCE OF ALMOST FOUR THOUSAND YEARS OF HUMAN
HISTORY. SEVERAL HUNDRED PROPERTIES ON THE SITE ARE ELIGIBLE FOR
DESIGNATION ON THE NATIONAL REGISTER OF HISTORIC PLACES,
INCLUDING NINETY-EIGHT ARCHEOLOGICAL SITES. THE UNDEVELOPED
NATURE OF THE SITE OFFERS A UNIQUE AND UNPARALLELED OPPORTUNITY
TO STUDY THE DEVELOPMENT OF LIFE ON THE PLANET FROM DINOSAURS TO
SETTLEMENTS OF AMERICAN INDIANS TO SETTLEMENTS OF EXPLORERS,
TRAPPERS, TRADERS, FARMERS, AND RANCHERS IN MORE RECENT TIME.
(c) PRIOR TO THE CREATION OF THE PINON CANYON MANEUVER
     SITE, THIS LAND AREA WAS LIGHTLY POPULATED AND DEVOTED ALMOST EXCLUSIVELY TO RANCHING AND LIVESTOCK GRAZING, SOMETIMES BY
FAMILIES THAT HAD OWNED THEIR LAND WITHIN THE SITE AREA FOR
GENERATIONS. PURCHASE OF THE LAND AREA THAT BECAME THE PINON
CANYON MANEUVER SITE WAS COMPLETED IN 1983. APPROXIMATELY
ONE-HALF OF THE LAND AREA THAT BECAME THE SITE WAS ACQUIRED BY
THE DEPARTMENT OF THE ARMY BY CONDEMNATION AS MANY
LANDOWNERS WERE UNWILLING SELLERS.
(d) THE OPTIMAL WAY TO ENSURE THAT THE MAGNIFICENT AND
RARE NATURAL AND HUMAN TREASURES OF THE PINON CANYON
MANEUVER SITE ARE PRESERVED FOR FUTURE GENERATIONS WOULD BE
FOR THE FEDERAL GOVERNMENT TO SELL THE SITE TO THE STATE THAT
WILL, IN TURN, SELL INDIVIDUAL PARCELS TO LANDOWNERS WHO WILL
MAINTAIN THE REAL PROPERTY CONSISTENT WITH ITS HISTORIC USES. TO
BRING ABOUT THIS RESULT, THE GENERAL ASSEMBLY HEREBY REQUESTS
THAT THE GOVERNOR AND ATTORNEY GENERAL OF THE STATE COMMENCE
NEGOTIATIONS WITH THE UNITED STATES GOVERNMENT FOR THE
PURCHASE BY THE STATE OF THE PINON CANYON MANEUVER SITE. IF THE
UNITED STATES GOVERNMENT EVER ENTERS INTO AN AGREEMENT WITH
THE STATE TO ACCOMPLISH SUCH PURCHASE, AND ONLY UPON THE
EXECUTION OF SUCH AGREEMENT, THIS ARTICLE CREATES AN AUTHORITY
THAT IS EMPOWERED, AMONG OTHER THINGS, TO ISSUE BONDS TO FINANCE
THE SALE OF THE ENTIRE SITE TO THE STATE. THE BONDS ARE TO BE
REPAID WITH PROCEEDS FROM THE SALE OF INDIVIDUAL PARCELS WITHIN THE SITE TO PROPERTY OWNERS.
(e) UPON SATISFACTION OF THE CONDITIONS SPECIFIED IN THIS ARTICLE, IT IS THE INTENT OF THE GENERAL ASSEMBLY TO CREATE THE PINON CANYON MANEUVER SITE LAND PURCHASE AUTHORITY TO FINANCE THE ACQUISITION OF PROPERTY WITHIN THE SITE FOR ITS ULTIMATE SALE TO LANDOWNERS IN ACCORDANCE WITH THE PROCEDURES AND SUBJECT TO THE REQUIREMENTS SPECIFIED IN THIS ARTICLE TO THE END THAT ALL OF THE EXTRAORDINARY AND UNIQUE GEOLOGICAL, HISTORICAL,
ARCHAEOLOGICAL, AND AGRICULTURAL FEATURES OF THE SITE WILL BE MAINTAINED FOR THE WELFARE OF, AND RESPONSIBLE USE BY, FUTURE GENERATIONS.
 (2) THIS ARTICLE SHALL BE LIBERALLY CONSTRUED TO ACCOMPLISH THE INTENTIONS EXPRESSED IN SUBSECTION (1) OF THIS SECTION.