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[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.

                                  
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