H5432 CONGRESSIONAL RECORD — HOUSE July 31, 2012 

appear in section 1787(b)(3) of title 38 of 

the U.S. Code, absolutely does not— 

does not—require that any suit be filed 

under the Federal Tort Claims Act in 

order to secure this medical care as 

long as they meet the other requirements of the bill. 

As you have noticed, that provision 

only requires exhaustion of ‘‘reasonably available’’ remedies. In the legislation, we are explicit that we want 

this care to be provided for family 

members even though at the present 

time, there is insufficient medical evidence to conclude that the illnesses or 

conditions listed in the bill are attributable to those exposures. 

For this and other reasons surrounding litigation under the Federal 

Tort Claims Act, such an FTCA remedy 

can’t be considered to be ‘‘reasonably 

available.’’ To require exhaustion 

under the Federal Tort Claims Act 

would go completely against the intent 

of this piece of legislation to make this 

medical care available to these family 

members for these conditions so long 

as VA is considered the final payer as 

far as other third-party health plans. 

Mr. MICHAUD. I thank the gentleman. 

Mr. Speaker, with that, I have no further requests for time, and I yield back 

the balance of my time. 

b 1650 

Mr. MILLER of Florida. Mr. Speaker, 

I once again encourage all Members to 

support the Senate amendments to 

H.R. 1627, and I yield back the balance 

of my time. 

Mr. RUNYAN. Mr. Speaker, I rise in support 

of H.R. 1627, as amended, ‘‘The Honoring of 

America’s Veterans and Caring for Camp 

Lejeune Families Act of 2012.’’ 

There are several components to this legislation, and they are all aimed toward improving veterans’ lives after their selfless sacrifice 

to our nation. 

I would like to draw attention to the provisions that ensure the Veterans’ benefits process is more efficient, accountable, and fair for 

all Veterans and their families. 

Section 703 of H.R. 1627 addresses the 

minimalist approach the VA has adopted in 

complying with its employee skills certification 

mandate. 

This provision would address disparities in 

experience and training, while facilitating the 

individual accountability of employees. 

The VA would conduct testing procedures 

that indicate basic competency of all claims 

processors and managers. 

Test results indicating less than satisfactory 

scores on the exam would necessitate an individualized remediation program to aid them in 

improving their areas of deficiency. 

Repeated failure after remediation would require the VA to take necessary personnel actions. 

Additionally, Section 504 implements the 

use of electronic communication within the VA 

in providing notices of responsibility to claimants. 

It also removes administrative provisions 

which have slowed down the processing of 

Veteran’s disability claims. 

In total, this section would increase efficiency and help modernize the VA by authorizing the most effective means available for 

communication while simultaneously removing 

administrative red tape. 

Lastly, another provision that would reduce 

the claims backlog is Section 505, which clarifies the meaning of the VA’s duty to assist 

claimants in obtaining evidence needed to 

verify a claim. 

As a result, this section establishes a clear 

and reasonable standard for private record requests as ‘‘not less than two requests.’’ 

In addition, this section will encourage 

claimants to take a proactive role in the claims 

process. 

I would like to take the remaining time to 

commend and thank the Committee for working with me in addressing the concerns affiliated with Arlington National Cemetery. 

As Chairman of the House Veterans Affairs 

Disability Assistance and Memorial Affairs 

Subcommittee, DAMA, I am very pleased that 

our Committee continues to improve the ways 

in which we honor our veterans and preserve 

Arlington National Cemetery, ANC, as the sacred final resting place for those who have 

given the ultimate sacrifice in service to our 

country. 

As a member of both the House Veterans 

Affairs and House Armed Services Committees, with a large veterans population and joint 

military installation in my home District, it has 

been an honor to join my colleagues in support of H.R. 1627, as amended, and to work 

in a bipartisan manner on behalf of veterans. 

I would like to thank each of them for their 

tireless support on behalf of our veterans—the 

heroes who protect the freedoms we all enjoy. 

I know they share my commitment to ensuring 

that we take care of our veterans and military 

servicemembers. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Florida (Mr. MILLER) that the House suspend the rules 

and concur in the Senate amendments 

to the bill, H.R. 1627. 

The question was taken; and (twothirds being in the affirmative) the 

rules were suspended and the Senate 

amendments were concurred in. 

A motion to reconsider was laid on 

the table. 

f 

ACCEPTANCE OF RELINQUISHMENT OF RAILROAD RIGHT OF 

WAY NEAR PIKE NATIONAL FOREST, COLORADO 

Mr. LAMBORN. Mr. Speaker, I move 

to suspend the rules and pass 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, as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 4073 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

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 S1⁄2 of section 6, Township 14 South, 

Range 67 West, and N1⁄2SE 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. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

Colorado (Mr. LAMBORN) and the gentleman from the Northern Mariana Islands (Mr. SABLAN) each will control 20 

minutes. 

The Chair recognizes the gentleman 

from Colorado. 

GENERAL LEAVE

Mr. LAMBORN. Mr. Speaker, I ask 

unanimous consent that all Members 

may have 5 legislative days to revise 

and extend their remarks and include 

extraneous materials on the bill under 

consideration. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Colorado? 

There was no objection. 

Mr. LAMBORN. I yield myself such 

time as I may consume. 

Mr. Speaker, today, I am happy to 

speak in support of my legislation, 

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 

the Pike National Forest in my district. 

Originally granted to the Mt. 

Manitou Park and Incline Railway 

Company, the Incline Trail exists 

today as the roadbed to the former Mt. 

Manitou Scenic Incline Railway, which 

was a cable car that took people up the 

eastern face of Rocky Mountain, Pikes 

Peak, at an average grade of 40 percent, with some of the steepest sections at a grade of 68 percent. Today, it 

has become a popular hike for adventure seekers in the Pikes Peak region 

and is said to be hiked nearly half a 

million times each year, although access is still considered trespassing. 

A citizens’ initiative began over 8 

years ago to encourage making access 

to this popular trail legal. Although all 


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July 31, 2012 CONGRESSIONAL RECORD — HOUSE H5433 

parties are amenable, due to an act 

dated on March 3, 1875, the Forest 

Service has been unable to accept the 

quitclaim from the Manitou and Pikes 

Peak Railway. Recognizing this problem, the railway company came to me 

and asked that I carry this legislation 

to allow the Forest Service the authority to accept the quitclaim, which is 

the last major hurdle in allowing the 

Incline Trail to be legally opened for 

public use. 

Although several people have informally maintained the incline, no formal steps have been taken by any of 

the property owners to maintain the 

Incline since 1997. Legalizing access to 

the trail will allow the surrounding 

communities access to repair sections 

of the trail that are in poor condition 

and will make use safer for all hikers. 

It has been my pleasure to work with 

the interested parties in helping to 

gain legal access to this unique trail 

that I believe will be a wonderful addition to the region’s trail inventory. I 

would like to thank the Forest Service 

and Senator MICHAEL BENNETT’S office 

for their diligence in working with my 

office in this process. 

Mr. Speaker, I reserve the balance of 

my time. 

Mr. SABLAN. Mr. Speaker, I yield 

myself such time as I may consume. 

(Mr. SABLAN asked and was given 

permission to revise and extend his remarks.) 

Mr. SABLAN. Mr. Speaker, H.R. 4073 

clears up a deed for a popular hiking 

destination, the Manitou Incline in 

Colorado. Upon enactment, the Pike 

National Forest will have full ownership of the trail, which ascends 2,000 

feet to Pikes Peak. 

We do not object to this legislation, 

Mr. Speaker, and I yield back the balance of my time. 

Mr. LAMBORN. Mr. Speaker, I yield 

back the balance of my time. 

The SPEAKER pro tempore. The 

question is on the motion offered by 

the gentleman from Colorado (Mr. 

LAMBORN) that the House suspend the 

rules and pass the bill, H.R. 4073, as 

amended. 

The question was taken. 

The SPEAKER pro tempore. In the 

opinion of the Chair, two-thirds being 

in the affirmative, the ayes have it. 

Mr. SABLAN. Mr. Speaker, I object 

to the vote on the ground that a 

quorum is not present and make the 

point of order that a quorum is not 

present. 

The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further proceedings on this question will be postponed. 

The point of no quorum is considered 

withdrawn. 

f 

PINNACLES NATIONAL PARK ACT 

Mr. LAMBORN. Mr. Speaker, I move 

to suspend the rules and pass the bill 

(H.R. 3641) to establish Pinnacles National Park in the State of California 

as a unit of the National Park System, 

and for other purposes, as amended. 

The Clerk read the title of the bill. 

The text of the bill is as follows: 

H.R. 3641 

Be it enacted by the Senate and House of Representatives of the United States of America in 

Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Pinnacles National Park Act’’. 

SEC. 2. FINDINGS. 

The Congress makes the following findings: 

(1) Pinnacles National Monument was established by Presidential Proclamation 796 on January 16, 1908, for the purposes of protecting its 

rock formations, and expanded by Presidential 

Proclamation 1660 of May 7, 1923; Presidential 

Proclamation 1704 of July 2, 1924; Presidential 

Proclamation 1948 of April 13, 1931; Presidential 

Proclamation 2050 of July 11, 1933; Presidential 

Proclamation 2528 of December 5, 1941; Public 

Law 94–567; and Presidential Proclamation 7266 

of January 11, 2000. 

(2) While the extraordinary geology of Pinnacles National Monument has attracted and 

enthralled visitors for well over a century, the 

expanded Monument now serves a critical role 

in protecting other important natural and cultural resources and ecological processes. This 

expanded role merits recognition through legislation. 

(3) Pinnacles National Monument provides the 

best remaining refuge for floral and fauna species representative of the central California 

coast and Pacific coast range, including 32 species holding special Federal or State status, not 

only because of its multiple ecological niches but 

also because of its long-term protected status 

with 14,500 acres of Congressionally designated 

wilderness. 

(4) Pinnacles National Monument encompasses a unique blend of California heritage 

from prehistoric and historic Native Americans 

to the arrival of the Spanish, followed by 18th 

and 19th century settlers, including miners, 

cowboys, vaqueros, ranchers, farmers, and 

homesteaders. 

(5) Pinnacles National Monument is the only 

National Park System site within the ancestral 

home range of the California Condor. The reintroduction of the condor to its traditional 

range in California is important to the survival 

of the species, and as a result, the scientific 

community with centers at the Los Angeles Zoo 

and San Diego Zoo in California and Buenos 

Aires Zoo in Argentina looks to Pinnacles National Monument as a leader in California Condor recovery, and as an international partner 

for condor recovery in South America. 

(6) The preservation, enhancement, economic 

and tourism potential and management of the 

central California coast and Pacific coast 

range’s important natural and cultural resources requires cooperation and partnerships 

among local property owners, Federal, State, 

and local government entities and the private 

sector. 

SEC. 3. ESTABLISHMENT OF PINNACLES NATIONAL PARK. 

(a) ESTABLISHMENT AND PURPOSE.—There is 

hereby established Pinnacles National Park in 

the State of California for the purposes of— 

(1) preserving and interpreting for the benefit 

of future generations the chaparral, grasslands, 

blue oak woodlands, and majestic valley oak savanna ecosystems of the area, the area’s 

geomorphology, riparian watersheds, unique 

flora and fauna, and the ancestral and cultural 

history of native Americans, settlers and explorers; and 

(2) interpreting the recovery program for the 

California Condor and the international significance of the program. 

(b) BOUNDARIES.—The boundaries of Pinnacles National Park are as generally depicted 

on the map entitled ‘‘Proposed: Pinnacles National Park Designation Change’’, numbered 

114/111,724, and dated December 2011. The map 

shall be on file and available for public inspection in the appropriate offices of the National 

Park Service. 

(c) ABOLISHMENT OF CURRENT PINNACLES NATIONAL MONUMENT.— 

(1) IN GENERAL.—In light of the establishment 

of Pinnacles National Park, Pinnacles National 

Monument is hereby abolished and the lands 

and interests therein are incorporated within 

and made part of Pinnacles National Park. Any 

funds available for purposes of the monument 

shall be available for purposes of the park. 

(2) REFERENCES.—Any references in law 

(other than in this Act), regulation, document, 

record, map or other paper of the United States 

to Pinnacles National Monument shall be considered a reference to Pinnacles National Park. 

(d) ADMINISTRATION.—The Secretary of the 

Interior shall administer Pinnacles National 

Park in accordance with this Act and laws generally applicable to units of the National Park 

System, including the National Park Service Organic Act (16 U.S.C. 1, 2–4). 

SEC. 4. REDESIGNATION OF PINNACLES WILDERNESS AS HAIN WILDERNESS. 

Subsection (i) of the first section of Public 

Law 94–567 (90 Stat. 2693; 16 U.S.C. 1132 note) is 

amended by striking ‘‘Pinnacles Wilderness’’ 

and inserting ‘‘Hain Wilderness’’. Any reference 

in a law, map, regulation, document, paper, or 

other record of the United States to the Pinnacles Wilderness shall be deemed to be a reference to the Hain Wilderness. 

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 

Colorado (Mr. LAMBORN) and the gentleman from the Northern Mariana Islands (Mr. SABLAN) each will control 20 

minutes. 

The Chair recognizes the gentleman 

from Colorado. 

GENERAL LEAVE

Mr. LAMBORN. Mr. Speaker, I ask 

unanimous consent that all Members 

may have 5 legislative days in which to 

revise and extend their remarks and include extraneous materials on the bill 

under consideration. 

The SPEAKER pro tempore. Is there 

objection to the request of the gentleman from Colorado? 

There was no objection. 

Mr. LAMBORN. Mr. Speaker, I yield 

myself such time as I may consume. 

H.R. 4631 renames Pinnacles National 

Monument as Pinnacles National Park. 

Pinnacles was originally designated in 

1908 by President Roosevelt under the 

authority of the Antiquities Act. However, under this legislation, it is not 

anticipated that management would 

change dramatically as the area is already considered a unit of the National 

Park Service. 

The Natural Resources Committee 

made important changes to H.R. 3641, 

allowing us to bring this to the floor 

today. For example, the committee removed a nearly 3,000-acre wilderness 

expansion and struck unnecessary land 

acquisition authority. With these 

changes, the goal of elevating recognition of the area as a national park is 

achieved without limiting access. 

With that, Mr. Speaker, I reserve the 

balance of my time. 

Mr. SABLAN. Mr. Speaker, I yield 

myself such time as I may consume. 

(Mr. SABLAN asked and was given 

permission to revise and extend his remarks.) 


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