[House Report 112-599]
[From the U.S. Government Publishing Office]
112th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 112-599
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AUTHORIZING THE SECRETARY OF AGRICULTURE TO ACCEPT THE QUITCLAIM,
DISCLAIMER, AND RELINQUISHMENT OF A RAILROAD RIGHT OF WAY WITHIN AND
ADJACENT TO PIKE NATIONAL FOREST IN EL PASO COUNTY, COLORADO,
ORIGINALLY GRANTED TO THE MT. MANITOU PARK AND INCLINE RAILWAY COMPANY
PURSUANT TO THE ACT OF MARCH 3, 1875
_______
July 17, 2012.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 4073]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 4073) to authorize the Secretary of Agriculture
to accept the quitclaim, disclaimer, and relinquishment of a
railroad right of way within and adjacent to Pike National
Forest in El Paso County, Colorado, originally granted to the
Mt. Manitou Park and Incline Railway Company pursuant to the
Act of March 3, 1875, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. ACCEPTANCE OF RELINQUISHMENT OF RAILROAD RIGHT OF WAY BY
MANITOU AND PIKES PEAK RAILWAY COMPANY, COLORADO,
OVER NATIONAL FOREST SYSTEM LAND.
(a) Authority To Accept.--Notwithstanding the Act of March 8, 1922
(43 U.S.C. 912), the Secretary of Agriculture may accept the quitclaim,
disclaimer, and relinquishment by the Manitou and Pikes Peak Railway
Company, successor in interest to the Mt. Manitou Park and Incline
Railway Company, of a right of way, more fully described in subsection
(b), within and adjacent to Pike National Forest that was originally
granted by the Secretary to the Mt. Manitou Park and Incline Railway
Company pursuant to the authority provided by the Act of March 3, 1875
(Chapter 152; 18 Stat. 482) for the construction of a railroad and
station in El Paso County, Colorado.
(b) Right of Way Described.--The railroad right of way referred to in
subsection (a) is located in the S\1/2\ of section 6, Township 14
South, Range 67 West, and N\1/2\SE\1/4\ of section 1, Township 14
South, Range 68 West, Sixth Principal Meridian, Colorado, and is
depicted in a tracing filed in the United States Land Office at Pueblo,
Colorado, file 019416, on December 24, 1914.
(c) Limited Applicability.--Nothing in this section shall be
construed to affect the right, title, and interest of the Manitou and
Pikes Peak Railway Company in land held in fee title by the Manitou and
Pikes Peak Railway Company.
PURPOSE OF THE BILL
The purpose of H.R. 4073, as ordered reported, is to
authorize the Secretary of Agriculture to accept the quitclaim,
disclaimer, and relinquishment of a railroad right of way
within and adjacent to Pike National Forest in El Paso County,
Colorado, originally granted to the Mt. Manitou Park and
Incline Railway Company pursuant to the Act of March 3, 1875.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 4073 would authorize the Secretary of Agriculture to
accept the relinquishment of an abandoned right of way, known
as the ``Manitou Incline,'' to manage as part of the Pike
National Forest. The Manitou Incline was granted as a railroad
right of way to the Mt. Manitou Park and Incline Railway
Company (now the Manitou and Pikes Peak Railway Company) for a
one mile cable tram to support the construction of a
hydroelectric plant and water line. After completion of the
hydroelectric facility, the tram was turned into a tourist
attraction that operated until damaged by a landslide in 1990.
Since that time, the abandoned cable track has become a
popular hiking route and training area for athletes. However,
all users of the area are technically unauthorized to do so
since the Manitou and Pikes Peak Railway Company has never
opened the Manitou Incline for public use. This legislation
would allow the Secretary to accept ownership of the right of
way to properly manage the Manitou Incline as a recreational
site.
During Full Committee consideration of the bill, the
Committee adopted an amendment offered by Congressman Rob
Bishop (R-UT) to correct the legal description for the right of
way.
COMMITTEE ACTION
H.R. 4073 was introduced on February 17, 2012, by
Congressman Doug Lamborn (R-CO). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on National Parks, Forests and Public Lands. On
April 17, 2012, the Subcommittee held a hearing on the bill. On
June 7, 2012, the Full Resources Committee met to consider the
bill. The Subcommittee on National Parks, Forests and Public
Lands was discharged by unanimous consent. Congressman Rob
Bishop (R-UT) offered amendment designated #1 to the bill; the
amendment was adopted by unanimous consent. The bill, as
amended, was then adopted and ordered favorably reported to the
House of Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 4073--A bill to authorize the Secretary of Agriculture to accept
the quitclaim, disclaimer, and relinquishment of a railroad
right-of-way within and adjacent to Pike National Forest in El
Paso County, Colorado, originally granted to the Mt. Manitou
Park and Incline Railway Company pursuant to the Act of March
3, 1875
H.R. 4073 would authorize the Secretary of Agriculture to
accept the relinquishment of certain lands located in El Paso
County, Colorado, from the Manitou and Pikes Peak Railway
Company. Those lands consist of less than 1 mile of abandoned
railroad bed currently used as a hiking trail. Based on
information provided by the Forest Service, CBO estimates that
any additional costs to administer the affected lands would be
minimal. Enacting the legislation would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
H.R. 4073 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. Based on
information provided by the Forest Service, CBO estimates that
any additional costs to administer the affected lands would be
minimal. Enacting the legislation would not affect direct
spending or revenues; therefore, pay-as-you-go procedures do
not apply.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill, as ordered reported, is to authorize
the Secretary of Agriculture to accept the quitclaim,
disclaimer, and relinquishment of a railroad right of way
within and adjacent to Pike National Forest in El Paso County,
Colorado, originally granted to the Mt. Manitou Park and
Incline Railway Company pursuant to the Act of March 3, 1875.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.