[Congressional Record Volume 158, Number 115 (Tuesday, July 31, 2012)]
[House]
[Pages H5432-H5433]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    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 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.

  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

[[Page 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.

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