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114th Congress     }                                  {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session       }                                  {      114-258




 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, 


    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 
    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.


    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.


    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 
    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, 

                           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.


    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