59–010 

Calendar No. 333 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–188 

CRAGS, COLORADO LAND EXCHANGE ACT OF 2015 

DECEMBER 16, 2015.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 1941] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 1941) to authorize, direct, expedite, and facilitate a land exchange in El Paso and Teller Counties, Colorado, and 

for other purposes, having considered the same, reports favorably 

thereon without amendment and recommends that the bill do pass. 

PURPOSE

The purpose of S. 1941 is to authorize, direct, expedite, and facilitate a land exchange in El Paso and Teller Counties, Colorado. 

BACKGROUND AND NEED

Emerald Valley Ranch has a colorful history, with improvements 

at the site dating back nearly 100 years. Spencer Penrose developed many of the existing buildings at Emerald Valley after he acquired the original cabin in 1923. After Penrose’s death, the buildings were operated as a camp by the YMCA, Boys Scouts, and 

other non-profit groups. Starting in the 1970s, the buildings were 

operated by the Turley Family as the Emerald Valley Guest Ranch. 

Broadmoor Hotel, Inc., acquired the buildings from the Turley 

Family in 2012. In October 2012, the U.S. Forest Service (USFS) 

issued a 20-year special use permit to operate and maintain Emerald Valley Ranch as a guest ranch. Since issuance of the special 

use permit, Broadmoor Hotel, Inc., has invested in significant upgrades and improvements throughout the resort. 

The Broadmoor Hotel, Inc. has proposed a land exchange in 

order to own the USFS land encumbered by the ranch in order to 

guarantee its ability to operate, maintain, and continue to invest 


SSpencer on DSK4SPTVN1PROD with REPORTS
2 

in the resort, rather than continuing to renew its special use permit. These USFS lands have lost their national forest character. In 

exchange, the Broadmoor Hotel, Inc. has acquired the 320-acre 

Crags property and a perpetual public access easement for the 

lower portion of the Barr Trail that it would convey to the USFS. 

The land to be acquired by the USFS is a high value inholding 

in the Pike National Forest with views of the Pikes Peak Massif. 

The property provides several opportunities to connect USFS trails 

emanating from the Crags Campground with trails in the 

Horsethief Park/Putney Gulch area. The property has been the top 

acquisition priority for the Pikes Peak Ranger District for several 

years. 

The trailhead for the Barr Trail is located on property owned by 

the City of Manitou Springs. After climbing a series of switchbacks, 

the trail enters property owned by the Manitou and Pikes Peak 

(M&PP) Railway Company, a sister company of Broadmoor Hotel, 

Inc. Historically, the M&PP Railway Company granted term easements to the 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 presently allowing public access on the trail. 

S. 1941 facilitates an equal value land exchange. If the value of 

the non-Federal parcel exceeds the value of the Federal parcel and 

perpetual access easement, Broadmoor Hotel, Inc., would donate 

the excess value to the United States. This land exchange would 

provide increased recreational opportunities for the public on the 

Pike National Forest, secure perpetual legal access to the Barr 

Trail, eliminate permanent encumbrances on USFS lands and liability to the United States associated with buildings, a water supply system, and two dams at Emerald Valley Ranch, and streamline USFS management responsibilities by eliminating the need to 

oversee the resort special use permit at Emerald Valley Ranch. 

LEGISLATIVE HISTORY

An identical companion bill to S. 1941, H.R. 2223, was introduced in the House of Representatives by Representatives Lamborn 

and Polis on May 1, 2015. On June 16, 2015, the House Natural 

Resources Subcommittee on Federal Lands held a hearing on H.R. 

2223, and the Natural Resources Committee ordered the bill reported on July 9, 2015. The House of Representatives passed H.R. 

2223 under suspension of the rules by a voice vote on September 

16, 2015. H.R. 2223 was received in the Senate and referred to the 

Committee on Energy and Natural Resources on September 17, 

2015. 

S. 1941 was introduced by Senators Gardner and Bennet on August 5, 2015. The Subcommittee on Public Lands, Forests, and 

Mining held a hearing on both S. 1941 and H.R. 2223 on October 

8, 2015. 

On November 19, 2015, the Committee on Energy and Natural 

Resources met in open business session and ordered both S. 1941 

and H.R. 2223 favorably reported without amendment. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTES

The Senate Committee on Energy and Natural Resources, in 

open business session on November 19, 2015, by a majority voice 


SSpencer on DSK4SPTVN1PROD with REPORTS
3 

vote of a quorum present, recommends that the Senate pass S. 

1941. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘Crags, Colorado Land Exchange Act of 2015.’’ 

Section 2 contains the purpose of the bill, to authorize, direct, expedite, and facilitate the land exchange and to promote enhanced 

public outdoor recreational and natural resource conservation opportunities in Pike National Forest. 

Section 3 contains definitions. 

Section 4(a) directs the Secretary to accept the parcel of non-Federal land if Broadmoor Hotel, Inc., offers to convey it to the U.S. 

Government and in return, to simultaneously convey the Federal 

land at the Emerald Valley Ranch to Broadmoor Hotel, Inc. Section 

4(c) grants Broadmoor Hotel, Inc., a nonexclusive, perpetual access 

easement. Section 4(d) requires the road be maintained by 

Broadmoor Hotel, Inc., and provides that it may be improved, relocated, or otherwise altered if the Secretary and Broadmoor Hotel, 

Inc., mutually agree. Section 4(e) requires Broadmoor Hotel, Inc., 

to pay for all land survey, appraisal, and other costs associated 

with the exchange. 

Section 5(a) requires the Secretary to conduct appraisals of the 

parcels of land. Section 5(b) requires the land exchange to be of 

equal value. If the value of the Federal land exceeds the value of 

the non-Federal land, Broadmoor Hotel, Inc., must make a cash 

equalization payment to be deposited into the fund established 

under P.L. 90–171 (16 U.S.C. 484a). Any cash equalization payments received by the Secretary are to be used to acquire land or 

interests in land in Region 2 of the USFS. If the value of the nonFederal land exceeds the value of the Federal land, the surplus 

value of the non-Federal land will be considered a donation by 

Broadmoor Hotel, Inc., to the U.S. Government. Section 5(c) directs 

that the appraisals should not take into account the special use 

permit at Emerald Valley Ranch or the Barr Trail easement when 

determining the value of the parcels. 

Section 6 contains miscellaneous provisions relating to the lands 

to be exchanged. Section 6(a) permanently withdraws all the lands 

acquired by the Secretary under this Act from all forms of appropriation and disposal under the public land laws, including the 

mining and mineral leasing laws and the Geothermal Steam Act of 

1930 (30 U.S.C. 1001 et seq.). If there are any public land orders 

that withdraw the Federal land from appropriation or disposal, 

they are revoked to the extent necessary to permit disposal of the 

Federal land to Broadmoor Hotel, Inc. All Federal land authorized 

to be exchanged under this Act, if not already withdrawn from appropriation or disposal under public land laws upon enactment of 

this Act, are withdrawn, subject to valid existing rights, until the 

date of conveyance of the Federal land to Broadmoor Hotel, Inc. 

Section 6(b) specifies that the land acquired by the Secretary under 

this Act will become part of the Pike-San Isabel National Forest. 

Section 6(c) states that it is the intent of Congress that the land 

exchange be completed within one year. Section 6(d) allows the Secretary and Broadmoor Hotel, Inc., to make minor adjustments to 

the maps, descriptions, or acreage if both parties agree. 


SSpencer on DSK4SPTVN1PROD with REPORTS
4 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, December 7, 2015. 

Hon. LISA MURKOWSKI, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MADAM CHAIRMAN: The Congressional Budget Office has 

prepared the enclosed cost estimate for S. 1941, the Crags, Colorado Land Exchange Act of 2015. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jeff LaFave. 

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 1941—Crags, Colorado Land Exchange Act of 2015 

S. 1941 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 will 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 S. 1941 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 S. 1941 would not affect 

revenues. 

CBO estimates that enacting the legislation would not increase 

net direct spending or on-budget deficits by more than $5 billion 

in any of the four consecutive 10-year periods beginning in 2026. 

Because S. 1941 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. 

S. 1941 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA). 

The land exchange between the federal government and a private 

business 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. 

On September 9, 2015, CBO transmitted a cost estimate for H.R. 

2223, the Crags, Colorado Land Exchange Act of 2015, as ordered 

reported by the House Committee on Natural Resources on July 9, 


SSpencer on DSK4SPTVN1PROD with REPORTS
5 

2015. The two versions of the legislation are similar, and the estimated costs are the same. 

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. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 1941. The bill is not a regulatory measure in the sense of imposing Government-established standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 1941, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 1941, as ordered reported, does not contain any congressionally directed spending items, limited tax benefits, or limited tariff 

benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the USFS at the October 8, 2015, 

Subcommittee on Public Lands, Forests, and Mining hearing on S. 

1941 follows: 

STATEMENT OF GLENN CASAMASSA, ASSOCIATE DEPUTY

CHIEF, NATIONAL FOREST SYSTEM, U.S. FOREST SERVICE, 

U.S. DEPARTMENT OF AGRICULTURE

Mr. Chairman and members of the Subcommittee, thank 

you for the opportunity to present the views of the U.S. 

Department of Agriculture (USDA) regarding S. 1295, S. 

1448, S. 1941, and S. 1942. 

S. 1295, THE ‘‘ARAPAHO NATIONAL FOREST BOUNDARY

ADJUSTMENT ACT’’ 

S. 1295 would modify the boundary of the Arapaho National Forest in the State of Colorado to incorporate approximately 92.95 acres of land currently outside the proclaimed National Forest boundary. All Federal land within 

the new boundary would be included in the Bowen Gulch 

Protection Area established under section 6 of the Colorado Wilderness Act of 1993. S. 1295 requires the Secretary to obtain written permission from the owners of lots 

to include the lots in the boundary adjustment. Private 

land owners have provided letters of support. 

The Federal lands within the new boundary would be 

closed to motorized use by the public. S. 1295 allows for 

continued motorized access over historical routes by owners of non-Federal land within the new boundary. 


SSpencer on DSK4SPTVN1PROD with REPORTS
6 

The Department supports S. 1295. It would provide National Forest status for parcels previously purchased. It 

would also allow the Forest Service to use its existing land 

exchange authorities to acquire additional parcels from 

willing landowners within the new boundary. Completion 

of these acquisitions would ensure protection of the Rocky 

Mountain National Park view-shed and the resource values of the Bowen Gulch Protection Area. We would also 

like to work with the Committee to clarify that motorized 

use for administrative purposes within the new boundary 

area is allowed. 

S. 1448, THE ‘‘FRANK MOORE WILD STEELHEAD SANCTUARY

DESIGNATION ACT’’ 

The Department supports S. 1448, which establishes the 

‘‘Frank Moore Wild Steelhead Sanctuary’’. The area proposed for designation (Steamboat Creek) represents the 

major spawning tributary for wild steelhead in the North 

Umpqua River, and serves as an important sanctuary for 

conservation and long term persistence of this highly valued fisheries resource. Scientific studies and data indicate 

this area provides an important thermal refuge for wild 

steelhead production in the basin. Its designation and associated watershed restoration activities will aid in promoting a resilient landscape for wild steelhead conservation into the future in the face of changing climate. 

Frank Moore is a legendary fly angler, wild fish conservationist, and World War II veteran who stormed the 

beaches of Normandy, France in 1944 for the D-Day allied 

invasion. He survived and together with his wife of 70+ 

years, Jeanne, built and were the long-time proprietors of 

the world-renowned Steamboat Inn along the North Umpqua River. In 2010, Frank Moore was inducted into the 

Fresh Water Fishing Hall of Fame, and is also featured in 

the recent, critically acclaimed documentary ‘‘Mending the 

Line.’’ 

This designation is a tribute to Frank Moore and his 

service to our country in more ways than one. In a TED 

Talk last year (TEDxPortland, May 15, 2014), one of the 

viewers commented: ‘‘Absolutely amazing . . . I am 19 and 

my generation needs role models like this man.’’ 

S. 1941, THE ‘‘CRAGS, COLORADO LAND EXCHANGE ACT OF

2015’’ 

S. 1941 would require a land exchange between the 

United States and Broadmoor Hotel, Inc. (BHI). The 

United States would convey an 83 acre tract of National 

Forest System Land and a non-exclusive perpetual easement for access in exchange for a 320 acre parcel and a 

permanent trail easement for a section of the Barr trail 

owned by BHI. Both exchange parcels are located within 

the Pike National Forest. 

The Department generally supports S. 1941 but would 

like to work with the committee on concerns with the bill. 

For example, we would like to help develop language that 


SSpencer on DSK4SPTVN1PROD with REPORTS
7 

would ensure the northern boundary of the land conveyed 

is located to provide adequate space for Forest Service 

road maintenance and administration. 

The National Forest parcel that would be conveyed in 

the exchange has long been encumbered with significant 

resort improvements managed under special use authorization. In return for this parcel, the United States would 

receive an isolated inholding that the Forest Service has 

placed a high priority on acquiring. The inholding has significant recreational values and provides additional access 

for the public to the National Forest. 

As a result, the exchange will eliminate potentially significant development in a sensitive area in exchange for 

conveying Federal land where development impacts have 

already occurred. In addition, the United States would secure legal access on a segment of the very popular Barr 

trail. This trail provides an important recreational access 

to the Pike National Forest. 

S. 1942, THE ‘‘ELKHORN RANCH AND WHITE RIVER NATIONAL

FOREST CONVEYANCE ACT LAND EXCHANGE ACT OF 2015’’ 

S. 1942 would direct the conveyance of a 148 acre parcel 

of National Forest System land to the Gordman-Leverich 

Partnership. The parcel is located within the White River 

National Forest. 

While the Administration has serious reservations about 

the use of Federal lands to compensate a private landowner, acknowledging the unusual circumstances in this 

specific case, the Department does not oppose S. 1942. The 

bill would resolve a long standing title issue associated 

with the property. 

A dependent resurvey, which is a survey dependent 

upon prior surveys of record, was completed in 1949, and 

established a property monument approximately 2,100 feet 

from the corner, relied upon by the original homesteaders. 

This meant that this parcel of national forest land had 

been managed as private land. 43 U.S.C. 772, enacted in 

1909, provided for such resurveys and guaranteed that the 

bona fide rights of landowners would be protected. 

Because this land survey discrepancy only came to light 

within the past 15 years, and because the parcel has never 

been managed as National Forest, protection of the bona 

fide rights of the landowners is appropriate. Resolution of 

this title issue will end a long-standing title claim in an 

efficient, fair manner. 

This concludes my remarks. I would be happy to answer 

any questions. Thank you for the opportunity to testify. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee notes that no changes in existing law are made by the bill as ordered reported. 

Æ 


SSpencer on DSK4SPTVN1PROD with REPORTS