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[Senate Report 110-382]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 814
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-382

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           NEW ENGLAND NATIONAL SCENIC TRAIL DESIGNATION ACT

                                _______
                                

                 June 16, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1528]

    The Committee on Energy and Natural Resources, to which was 
referred the Act (H.R. 1528) to amend the National Trails 
System Act to designate the New England National Scenic Trail, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
Act, as amended, do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``New England National Scenic Trail 
Designation Act''.

SEC. 2. AUTHORIZATION AND ADMINISTRATION.

  Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is 
amended by adding at the end the following:
          ``(27) New england national scenic trail.--The New England 
        National Scenic Trail, a continuous trail extending 
        approximately 220 miles from the border of New Hampshire in the 
        town of Royalston, Massachusetts to Long Island Sound in the 
        town of Guilford, Connecticut, as generally depicted on the map 
        titled `New England National Scenic Trail Proposed Route', 
        numbered T06/80,000, and dated October 2007. The map shall be 
        on file and available for public inspection in the appropriate 
        offices of the National Park Service. The Secretary of the 
        Interior, in consultation with appropriate Federal, State, 
        tribal, regional, and local agencies, and other organizations, 
        shall administer the trail after considering the 
        recommendations of the report titled the `Metacomet Monadnock 
        Mattabesett Trail System National Scenic Trail Feasibility 
        Study and Environmental Assessment', prepared by the National 
        Park Service, and dated Spring 2006. The United States shall 
        not acquire for the trail any land or interest in land without 
        the consent of the owner.''.

SEC. 3. MANAGEMENT.

  The Secretary of the Interior (hereafter in this Act referred to as 
the ``Secretary'') shall consider the actions outlined in the Trail 
Management Blueprint described in the report titled the ``Metacomet 
Monadnock Mattabesett Trail System National Scenic Trail Feasibility 
Study and Environmental Assessment'', prepared by the National Park 
Service, and dated Spring 2006, as the framework for management and 
administration of the New England National Scenic Trail. Additional or 
more detailed plans for administration, management, protection, access, 
maintenance, or development of the trail may be developed consistent 
with the Trail Management Blueprint, and as approved by the Secretary.

SEC. 4. COOPERATIVE AGREEMENTS.

  The Secretary is authorized to enter into cooperative agreements with 
the Commonwealth of Massachusetts (and its political subdivisions), the 
State of Connecticut (and its political subdivisions), and other 
regional, local, and private organizations deemed necessary and 
desirable to accomplish cooperative trail administrative, management, 
and protection objectives consistent with the Trail Management 
Blueprint. An agreement under this section may include provisions for 
limited financial assistance to encourage participation in the 
planning, acquisition, protection, operation, development, or 
maintenance of the trail.

SEC. 5. ADDITIONAL TRAIL SEGMENTS.

  Pursuant to section 6 of the National Trails System Act, the 
Secretary is encouraged to work with the State of New Hampshire and 
appropriate local and private organizations to include that portion of 
the Metacomet-Monadnock Trail in New Hampshire (which lies between 
Royalston, Massachusetts and Jaffrey, New Hampshire) as a component of 
the New England National Scenic Trail. Inclusion of this segment, as 
well as other potential side or connecting trails, is contingent upon 
written application to the Secretary by appropriate State and local 
jurisdictions and a finding by the Secretary that trail management and 
administration is consistent with the Trail Management Blueprint.

                                Purpose

    The purpose of H.R. 1528 is to amend the National Trails 
System Act to designate the New England National Scenic Trail.

                          Background and Need

    H.R. 1528 amends the National Trails System Act (16 U.S.C. 
1241-1251) to designate most of the Metacomet-Monadnock-
Mattabesett (MMM) Trail System as the New England National 
Scenic Trail. The MMM Trail System is a 190-mile trail route, 
in existence for over half a century, which extends from the 
Massachusetts border with New Hampshire through western 
Massachusetts and Connecticut toward Long Island Sound.
    The National Trails System Act of 1968 instituted a 
national system of historic, scenic, and recreation trails. 
National Scenic Trails are extended trails ``so located as to 
provide maximum outdoor recreation potential, and for the 
conservation and enjoyment of nationally significant scenic, 
historic, natural, or cultural qualities of areas through which 
such trails may pass.''
    The Metacomet-Monadnock-Mattabesett Trail Study Act of 2002 
(Public Law 107-338) directed the Secretary of the Interior to 
study this trail system for potential addition to the National 
Trails System. A Draft National Scenic Trail Feasibility Study 
and Environmental Assessment were completed in Spring 2006. The 
final version of the study was released in 2008.
    The study found that the MMM Trail System hosts an array of 
scenic features, classic New England landscapes, and historic 
sites. The preferred alternative of the study calls for the 
establishment of the New England National Scenic Trail to 
incorporate most of the MMM Trail system, adjusted by some 
rerouting and proposed extensions, for a total proposed length 
of approximately 220 miles.

                          Legislative History

    H.R. 1528 was introduced on March 14, 2007, by 
Representative Olver. On October 10, 2007, the Committee on 
Natural Resources reported the bill by voice vote (H. Rpt. 110-
502). On January 29, 2008, H.R. 1528 passed the House of 
Representatives by a vote of 261-122. A companion measure, S. 
923, was introduced by Senator Kerry on March 20, 2007. 
Senators Kennedy, Dodd and Lieberman are cosponsors. On April 
28, 2008, the Subcommittee on National Parks held a hearing on 
both H.R. 1528 and S. 923. The Committee on Energy and Natural 
Resources ordered it favorably reported on May 7, 2008.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on May 7, 2008, by a voice vote of a quorum 
present, recommends that the Senate pass H.R 1528, if amended 
as described herein.

                          Committee Amendment

    During its consideration of H.R. 1528, the Committee 
adopted an amendment in the nature of a substitute. The 
amendment makes clarifying and technical changes recommended by 
the Administration. The amendment also strikes a provision 
related to the application of state and local laws to federal 
lands within the trail. The provisions of the substitute are 
described in more detail in the section-by-section analysis.

                      Section-by-Section Analysis

    Section 1 contains the short title.
    Section 2 amends section 5(a) of the National Trails System 
Act by adding a new section to designate the New England 
National Scenic Trail. The section also contains a map 
reference and prohibits the United States from acquiring for 
the trail any land or interest in land without the consent of 
the owner.
    Section 3 requires the Secretary to consider the actions 
outlined in the Trail Management Blueprint as the framework for 
management and administration of the New England National 
Scenic Trail.
    Section 4 authorizes the Secretary to enter into 
cooperative agreements with the Commonwealth of Massachusetts, 
the State of Connecticut, and other regional, local, and 
private organizations deemed necessary to accomplish trail 
management and protection.
    Section 5 encourages the Secretary to work with the State 
of New Hampshire and appropriate local and private 
organizations to include that portion of the Metacomet-
Monadnock Trail as a component of the New England National 
Scenic Trail. This section also states that inclusion of the 
segment is contingent upon written application to the Secretary 
by appropriate State and local jurisdictions and a finding by 
the Secretary that trail management and administration is 
consistent with the Trail Management Blueprint.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

H.R. 1528--New England National Scenic Trail Designation Act

    H.R. 1528 would amend the National Trails System Act to 
designate approximately 220 miles of trail from Long Island 
Sound in Connecticut to the New Hampshire-Massachusetts border 
as a scenic trail in the National Trails System. The route 
would include portions of the existing Mattabesett, Metacomet, 
and Metacomet-Monadnock trails. The proposed route would not 
involve any federal land. The National Park Service (NPS) would 
administer the trail and coordinate the efforts of public and 
private entities on trail administration, planning, 
development, and maintenance. All activities would be carried 
out in accordance with the Trail Management Blueprint, prepared 
as part of a feasibility study for the trail.
    Based on information provided by the NPS and assuming the 
availability of appropriated funds, CBO estimates that 
establishing and administering the proposed scenic trail would 
cost about $2 million over the 2009-2013 period for 
administrative and maintenance costs, including additional 
personnel.
    H.R. 1528 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    On October 26, 2007, CBO provided a cost estimate for H.R. 
1528 as ordered reported by the House Committee on Natural 
Resources on October 10, 2007. The two bills are similar and 
their estimated costs are the same.
    The CBO staff contact for this estimate is Matthew 
Pickford. The estimate was approved by Theresa Gullo, 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 H.R. 1528. 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 H.R. 1528, as ordered reported.

                   Congressionally Directed Spending

    H.R. 1528, as 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 views of the Administration were included in testimony 
received by the Committee at a hearing on H.R. 1528 on April 
23, 2008.

 Statement of Daniel N. Wenk, Deputy Director, National Park Service, 
                       Department of the Interior

    Mr. Chairman, thank you for the opportunity to appear 
before your committee today to discuss the views of the 
Department of the Interior on S. 923 and H.R. 1528, bills to 
amend the National Trails System Act by designating the New 
England National Scenic Trail as a component of the National 
Trails System.
    The Department supports enactment of this legislation. At a 
hearing on May 15, 2007, in the House Subcommittee on National 
Parks, Forests, and Public Lands, the Department testified in 
support of H.R. 1528.
    S. 923 and H.R. 1528 would designate an approximately 220-
mile trail route from Long Island Sound in the Town of 
Guilford, Connecticut, to the New Hampshire-Massachusetts 
border in the Town of Royalston, Massachusetts, as the New 
England National Scenic Trail. The route includes portions of 
the existing Mattabesett, Metacomet, and Metacomet-Monadnock 
trails studied under Public Law 107-338, the Metacomet-
Monadnock-Mattabesett Trail Study Act of 2002. The proposed New 
England National Scenic Trail would be administered by the 
Secretary of the Interior and managed through partnership 
agreements with the State of Connecticut and the Commonwealth 
of Massachusetts, the Connecticut Forest and Park Association, 
the Appalachian Mountain Club, and other local stakeholders as 
appropriate. There are no existing federal lands associated 
with the proposed trail route and no new federal acquisition of 
lands is anticipated to be necessary to accomplish the purposes 
of S. 923 and H.R. 1528.
    In spring 2006, the National Park Service produced the 
draft report and environmental assessment for the Metacomet 
Monadnock Mattabesett National Scenic Trail Feasibility Study. 
The report, which was recently transmitted to Congress, 
concludes that the proposed route meets the definition and 
intent for national scenic trail establishment under the 
National Trails System Act. The characteristics that make the 
proposed route worthy of designation include its scenic 
mountain landscape, historic New England villages, geological 
resources, and an abundance of endangered and natural 
communities.
    The route traverses the Metacomet, Mt. Tom, and Mt. Holyoke 
ranges offering some of New England's most outstanding scenery 
and geologic features. Over 50 National Register Districts abut 
the trail. There are outstanding views from the trail as well 
as links to many side trails. The trail offers some the world's 
best opportunities to view volcanic, sedimentary, and glacial 
geology, including columnar basalt, fossils, and dinosaur 
footprints. Areas along the trail have an outstanding richness 
of habitat types, natural communities, and rare and endangered 
species' habitats. In Connecticut, 132 occurrences of rare 
species or natural communities have been documented within 
1,000 feet of the trail.
    In addition, one of the most important factors identified 
in the National Trails System Act for evaluating potential new 
components of the system is proximity to population centers. 
Through the Act, Congress recognized the need to serve the 
nation's population centers with quality recreational 
opportunities. As such, the proposed New England National 
Scenic Trail offers a truly extraordinary opportunity, with 
over 2 million people living within 10 miles of the trail 
system.
    S. 923 and H.R. 1528 would implement the environmentally 
preferred alternative of the study report and environmental 
assessment. This alternative was developed through a 
collaborative process with key trail stakeholders associated 
with the existing Metacomet Monadnock and Mattabesett trails, 
including the two states, the Appalachian Mountain Club, the 
Connecticut Forest and Park Association, and the 39 abutting 
communities. In addition, GIS mapping was cross-referenced 
against community land ownership data to build for the first 
time a database of more than 1,000 landowners on or near the 
trail route. These landowners and entities were all engaged 
directly in the study through regular mailings and invitations 
to information meetings and working sessions. Input from all of 
these sources was incorporated into the environmentally 
preferred alternative, which includes the following elements:
    First, the ``Blueprint for Management'' included in the 
report was developed through input by a full range of study 
participants to provide the best blueprint for long-term trail 
viability. The National Park Service and Trail Stewardship 
Council would base trail management, administration and 
protection efforts on this document.
    Second, the report calls for the creation of a Trail 
Stewardship Council that would bring trail partners and 
stakeholders together on a regular basis to discuss trail 
issues, coordinate management and protection of the trail, and 
generally guide implementation of the Management Blueprint. The 
Council would have advisory powers only, and would be non-
regulatory in nature.
    Third, the study identified no need for direct federal 
ownership or management of the trail. Thus, the National Park 
Service's role in implementing the proposed national scenic 
trail designation would be one of technical and financial 
assistance to existing trail partners, coordinated through the 
Trail Stewardship Council.
    Fourth, a new unifying name, the New England National 
Scenic Trail, was suggested for national scenic trail purposes. 
Traditional trail names would continue to be used in guidebooks 
or on trail signs, as appropriate, such as the Mattabesett 
Trail, part of the New England National Scenic Trail.
    Finally, in addition to the proposed extension to Long 
Island Sound in Guilford, Connecticut, a new route for the 
national scenic trail is proposed in the Belchertown-Leverett 
area of Massachusetts. The new route is envisioned to take 
advantage of substantial state-owned lands that can provide a 
quality, protected trail route, while avoiding a segment of the 
Metacomet-Monadnock trail almost completely devoid of protected 
lands.
    The draft report and environmental assessment for the 
Metacomet Monadnock Mattabesett Trail Study was released for 
public and agency review in August 2006. An executive summary 
was mailed to all identified trail landowners and stakeholders, 
along with invitations to public meetings in Connecticut and 
Massachusetts. Approximately 60 written responses were received 
between August and December 2006. The vast majority of these 
supported the environmentally preferred alternative, and only a 
few comments were received in opposition to national scenic 
trail designation.
    The Department of Justice has advised us that requiring the 
Secretary to manage and administer the trail consistent with 
the Trail Management Blueprint may raise constitutional 
concerns, and it would like to work with the committee on that 
provision. In addition, the Department would like to work with 
the committee on some technical amendments to the Senate 
version of the bill to reflect the map reference contained in 
the House-passed version of H.R. 1528.
    This concludes my prepared remarks, Mr. Chairman. I will be 
happy to answer any questions you or other committee members 
may have regarding this bill.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill H.R. 1528 as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                    Public Law 90-543--Oct. 2, 1968

                         16 U.S.C. 1241 et seq.

 AN ACT To establish a national trails system, and for other purposes.

    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 ``National Trails System 
Act''.

           *       *       *       *       *       *       *

SEC. 5. NATIONAL SCENIC AND NATIONAL HISTORIC TRAILS.

    (a) National Scenic and National Historic Trails shall be 
authorized and designated only by Act of Congress. There are 
hereby established the following National Scenic and National 
Historic Trails:

           *       *       *       *       *       *       *

          (27) New england national scenic trail.--The New 
        England National Scenic Trail, a continuous trail 
        extending approximately 220 miles from the border of 
        New Hampshire in the town of Royalston, Massachusetts 
        to Long Island Sound in the town of Guilford, 
        Connecticut, as generally depicted on the map titled 
        `New England National Scenic Trail Proposed Route', 
        numbered T06/80,000, and dated October 2007. The map 
        shall be on file and available for public inspection in 
        the appropriate offices of the National Park Service. 
        The Secretary of the Interior, in consultation with 
        appropriate Federal, State, tribal, regional, and local 
        agencies, and other organizations, shall administer the 
        trail after considering the recommendations of the 
        report titled the `Metacomet Monadnock Mattabesett 
        Trail System National Scenic Trail Feasibility Study 
        and Environmental Assessment', prepared by the National 
        Park Service, and dated Spring 2006. The United States 
        shall not acquire for the trail any land or interest in 
        land without the consent of the owner.

           *       *       *       *       *       *       *

                                  
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