[House Report 114-258]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-258
======================================================================
CRAGS, COLORADO LAND EXCHANGE ACT OF 2015
_______
September 9, 2015.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 2223]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2223) to authorize, direct, expedite, and
facilitate a land exchange in El Paso and Teller Counties,
Colorado, and for other purposes, having considered the same,
report favorably thereon without amendment and recommend that
the bill do pass.
PURPOSE OF THE BILL
The purpose of H.R. 2223 is to authorize, direct, expedite,
and facilitate a land exchange in El Paso and Teller Counties,
Colorado.
BACKGROUND AND NEED FOR LEGISLATION
H.R. 2223 would facilitate a land exchange that is
necessary to dispose of National Forest System land at the
Emerald Valley Ranch that has lost its National Forest
character and use that opportunity to acquire private lands in
the Pikes Peak region with high National Forest values.
Specifically, the bill would require the U.S. Forest Service
(USFS) and the Broadmoor Hotel Inc. (BHI) to perform a land
exchange, where BHI would convey to the United States the 320-
acre Crags property and a perpetual public access easement for
the lower portion of the Barr Trail in exchange for an 83-acre
Federal parcel located at Emerald Valley Ranch and a perpetual
access easement along Forest Service Road (FSR) 371 from FSR
368 to the existing closure gate approximately one-half mile
west of Emerald Valley Ranch.
The exchange would provide increased recreational
opportunities for the public on the Pike National Forest,
including securing perpetual access on the portion of the Barr
Trail located on private lands outside the Pike National
Forest. Acquiring the Crags property would complement
management of the Pikes Peak West Roadless Area and other
adjacent National Forest System lands and would eliminate
management encumbrances and liability to the United States
associated with facilities located at Emerald Valley Ranch.
BHI recently acquired the 320-acre Crags property on the
west side of Pikes Peak. The property is completely surrounded
by the Pike National Forest and, due to its high National
Forest value, has been the top acquisition priority for the
USFS Pikes Peak Ranger District for several years. The property
provides several opportunities to connect Forest System trails
emanating from the Crags Campground with trails in the
Horsethief Park/Putney Gulch area. In addition, existing trails
within the property could become key links in the proposed
Ring-the-Peak Trail.
The trailhead for the Barr Trail is located just west of
the Pikes Peak Cog Railway Station on property owned by the
City of Manitou Springs, Colorado. The trail enters property
owned by the Manitou & Pikes Peak (M&PP) Railway Company, a
sister company of BHI. Historically, the M&PP Railway Company
granted term easements to USFS to provide legal public access
along the segment of the Barr Trail. Although there is
currently no easement in place on this segment, the M&PP
Railway Company is allowing public access on the trail.
Emerald Valley Ranch is located on a federal parcel
southwest of Colorado Springs and on the southeast side of
Pikes Peak. In October 2012, USFS issued a 20-year special use
permit to BHI to operate and maintain Emerald Valley Ranch as a
guest ranch, and BHI recently acquired buildings on the parcel
from the previous owner. Since issuance of the special use
permit, BHI has invested in significant upgrades and
improvements throughout the area, including a water supply
system, a portion of the toe of the dam for the southernmost
reservoir along Little Fountain Creek, and a historic road that
provides secondary and emergency access to Emerald Valley
Ranch.
This is an equal value land exchange. If the value of the
non-Federal parcel exceeds that of the Federal parcel in this
exchange, the United States will not be required to make a cash
equalization payment to BHI and any surplus value will be
considered a donation by BHI to the United States. If the value
of the Federal parcel exceeds the non-Federal parcel, BHI will
make a cash equalization payment to the United States.
COMMITTEE ACTION
H.R. 2223 was introduced on May 1, 2015, by Congressman
Doug Lamborn (R-CO). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Federal Lands. On July 8, 2015, the Natural Resources
Committee met to consider the bill. The Subcommittee was
discharged by unanimous consent. No amendments were offered and
the bill was ordered favorably reported to the House of
Representatives by unanimous consent on July 9, 2015.
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. 2223--Crags, Colorado Land Exchange Act of 2015
The bill would require the Forest Service to exchange, at
the request of a private entity, 82 acres of federal lands in
the Pike National Forest for 320 acres of private lands in that
forest. Because CBO expects that the parcels would have a
similar value per acre, we estimate that the total value of the
private lands would exceed the value of the affected federal
lands. Under the bill, the federal government would not be
required to compensate the private entity to make up for that
difference. However, CBO expects that the Forest Service would
receive annual payments of a little more than $30,000 for a
special use permit on the affected federal parcel.
On that basis, CBO estimates that enacting H.R. 2223 would
reduce offsetting receipts, which are treated as reductions in
direct spending, by about $350,000 over the 2016-2025 period;
therefore, pay-as-you-go procedures apply. Enacting H.R. 2223
would not affect revenues.
Because H.R. 2223 would require the private entity to pay
any administrative costs associated with the land exchange and
CBO expects that any updates to maps or signage would be
completed in conjunction with scheduled reprinting and routine
maintenance, we estimate that implementing the bill would not
affect discretionary spending.
H.R. 2223 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
The bill would authorize a land exchange between the federal
government and a private business, which would have a small
incidental effect on property taxes collected by local
governments in Colorado. That effect, however, would not result
from an intergovernmental mandate as defined in UMRA.
The CBO staff contacts for this estimate are Jeff LaFave
(for federal costs) and Jon Sperl (for intergovernmental
mandates). This estimate was approved by H. Samuel Papenfuss,
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. The Congressional
Budget Office estimates that enactment of the bill could
decrease offsetting receipts (fees associated with a special
use permit) by approximately $350,000 over the 2016-2025 time
period.
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 is to authorize, direct, expedite, and
facilitate a land exchange in El Paso and Teller Counties,
Colorado.
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.
COMPLIANCE WITH H. RES. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
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.
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