49–006 

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 


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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 nonFederal 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. 


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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. 


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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. 

Æ 


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