59–010 

Calendar No. 365 

110TH CONGRESS REPORT " ! SENATE 1st Session 110–167 

NATIONAL TRAILS SYSTEM WILLING SELLER ACT 

SEPTEMBER 17, 2007.—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 S. 169] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 169) to amend the National Trails System Act 

to clarify Federal authority relating to land acquisition from willing 

sellers for the majority of the trails in the System, and for other 

purposes, having considered the same, reports favorably thereon 

with an amendent and recommends that the bill, as amended, do 

pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘National Trails System Willing Seller Act’’. 

SEC. 2. AUTHORITY TO ACQUIRE LAND FROM WILLING SELLERS FOR CERTAIN TRAILS. 

(a) OREGON NATIONAL HISTORIC TRAIL.—Section 5(a)(3) of the National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding at the end the following: ‘‘No 

land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the 

consent of the owner of the land or interest in land. The authority of the Federal 

Government to acquire fee title under this paragraph shall be limited to an average 

of not more than 1⁄4 mile on either side of the trail.’’. 

(b) MORMON PIONEER NATIONAL HISTORIC TRAIL.—Section 5(a)(4) of the National 

Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally 

administered area may be acquired by the Federal Government for the trail except 

with the consent of the owner of the land or interest in land. The authority of the 

Federal Government to acquire fee title under this paragraph shall be limited to an 

average of not more than 1⁄4 mile on either side of the trail.’’. 

(c) CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.—Section 5(a)(5) of the National 

Trails System Act (16 U.S.C. 1244(a)(5)) is amended by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally 

administered area may be acquired by the Federal Government for the trail except 


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with the consent of the owner of the land or interest in land. The authority of the 

Federal Government to acquire fee title under this paragraph shall be limited to an 

average of not more than 1⁄4 mile on either side of the trail.’’. 

(d) LEWIS AND CLARK NATIONAL HISTORIC TRAIL.—Section 5(a)(6) of the National 

Trails System Act (16 U.S.C. 1244(a)(6)) is amended by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally 

administered area may be acquired by the Federal Government for the trail except 

with the consent of the owner of the land or interest in land. The authority of the 

Federal Government to acquire fee title under this paragraph shall be limited to an 

average of not more than 1⁄4 mile on either side of the trail.’’. 

(e) IDITAROD NATIONAL HISTORIC TRAIL.—Section 5(a)(7) of the National Trails 

System Act (16 U.S.C. 1244(a)(7)) is amended by adding at the end the following: 

‘‘No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with 

the consent of the owner of the land or interest in land. The authority of the Federal 

Government to acquire fee title under this paragraph shall be limited to an average 

of not more than 1⁄4 mile on either side of the trail.’’. 

(f) NORTH COUNTRY NATIONAL SCENIC TRAIL.—Section 5(a)(8) of the National 

Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally 

administered area may be acquired by the Federal Government for the trail except 

with the consent of the owner of the land or interest in land.’’. 

(g) ICE AGE NATIONAL SCENIC TRAIL.—Section 5(a)(10) of the National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding at the end the following: ‘‘No 

land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the 

consent of the owner of the land or interest in land.’’. 

(h) POTOMAC HERITAGE NATIONAL SCENIC TRAIL.—Section 5(a)(11) of the National 

Trails System Act (16 U.S.C. 1244(a)(11)) is amended—

(1) by striking the fourth and fifth sentences; and 

(2) by adding at the end the following: ‘‘No land or interest in land outside 

the exterior boundaries of any federally administered area may be acquired by 

the Federal Government for the trail except with the consent of the owner of 

the land or interest in land.’’. 

(i) NEZ PERCE NATIONAL HISTORIC TRAIL.—Section 5(a)(14) of the National Trails 

System Act (16 U.S.C. 1244(a)(14)) is amended—

(1) by striking the fourth and fifth sentences; and 

(2) by adding at the end the following: ‘‘No land or interest in land outside 

the exterior boundaries of any federally administered area may be acquired by 

the Federal Government for the trail except with the consent of the owner of 

the land or interest in land. The authority of the Federal Government to acquire 

fee title under this paragraph shall be limited to an average of not more than 

1⁄4 mile on either side of the trail.’’. 

SEC. 3. CONFORMING AMENDMENT. 

Section 10 of the National Trails System Act (16 U.S.C. 1249) is amended by 

striking subsection (c) and inserting the following: 

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—Except as otherwise provided in this Act, there are authorized to be appropriated such sums as are necessary to implement the provisions 

of this Act relating to the trails designated by section 5(a). 

‘‘(2) NATCHEZ TRACE NATIONAL SCENIC TRAIL.—

‘‘(A) IN GENERAL.—With respect to the Natchez Trace National Scenic 

Trail (referred to in this paragraph as the ‘trail’) designated by section 

5(a)(12)—

‘‘(i) not more than $500,000 shall be appropriated for the acquisition 

of land or interests in land for the trail; and 

‘‘(ii) not more than $2,000,000 shall be appropriated for the development of the trail. 

‘‘(B) PARTICIPATION BY VOLUNTEER TRAIL GROUPS.—The administering 

agency for the trail shall encourage volunteer trail groups to participate in 

the development of the trail.’’. 

PURPOSE

The purpose of S. 169 is to amend the National Trails System 

Act to provide authority to purchase lands from willing sellers for 

nine designated trails that currently lack such authority. 


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BACKGROUND AND NEED

Congress enacted the National Trails System Act in 1968 (16 

U.S.C. 1241 et seq.) to provide for increased outdoor recreation 

needs and ‘‘to promote the preservation of, public access to, travel 

within, and enjoyment and appreciation of the open-air, outdoor 

areas and historic resources of the Nation’’ by instituting a national 

system of recreation, scenic, and historic trails. 

Section 7 of the National Trails System Act gives the Secretary 

of the Interior or Secretary of Agriculture, as appropriate, authority to acquire private lands for inclusion in the trail. Over the past 

several years, legislation designating new trails has limited this 

authority to acquisition from willing sellers only (no condemnation). However, for nine trails that are part of the system—the Oregon National Historic Trail, the Mormon Pioneer National Historic Trail, the Continental Divide National Scenic Trail, the Lewis 

and Clark National Historic Trail, the Iditarod National Historic 

Trail, the North Country National Scenic Trail, the Ice Age National Scenic Trail, the Potomac Heritage National Scenic Trail, 

and the Nez Perce National Historic Trail—the United States has 

no acquisition authority. 

In the absence of authority to acquire lands from willing sellers, 

Federal trail managers are unable to purchase lands or easements 

to protect trails from inappropriate development or to ensure public 

access. Enactment of S. 169 will enable Federal land managers to 

purchase lands from willing sellers only, to provide the same authority for these nine trails as exist for the rest of the trails in the 

system. 

LEGISLATIVE HISTORY

S. 169 was introduced by Senators Allard and Levin on January 

4, 2007. The Subcommittee on National Parks held a hearing on 

the bill on April 26, 2007 (S. Hrg. 110–88). 

During the 109th Congress, Senators Allard and Levin introduced a similar bill, S. 974. Senator Levin also introduced a bill 

providing acquisition authority only for the North Country National Scenic Trail, S. 3979. In the 108th Congress, Senator Levin 

introduced S. 324, and Senator Allard sponsored S. 651, both of 

which were similar to the current bill. The Subcommittee on National Parks held a hearing on both S. 324 and S. 651 on May 6, 

2003 (S. Hrg. 108–47), and the Committee ordered S. 651 to be favorably reported on June 25, 2003 (S. Rept. 108–95) (with minority 

views). S. 651 passed the Senate by unanimous consent on July 17, 

2003. 

During the 107th Congress, the House of Representatives passed 

a companion measure, H.R. 834, sponsored by Congressman 

McInnis, by a vote of 409–3 on March 13, 2001. During that Congress, the Committee also considered a similar bill sponsored by 

Senator Levin, S. 1069. The Subcommittee on National Parks held 

a hearing on S. 1069 and H.R. 834 on March 7, 2002. The Committee ordered S. 1069 to be favorably reported, with amendments, 

on July 31, 2002. The text of S. 1069, as reported, was adopted by 

the Senate as an amendment to H.R. 37, an unrelated trail measure. H.R. 37 passed the Senate by unanimous consent on November 

20, 2002; however the House and Senate were unable to reconcile 


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the different bills prior to the sine die adjournment of the Congress. 

At its business meeting on July 25, 2007, the Committee on Energy and Natural Resources ordered S. 169 favorably reported with 

an amendment in the nature of a substitute. 

COMMITTEE RECOMMENDATION

The Committee on Energy and Natural Resources, in open business session on July 25, 2007, by a voice vote of a quorum present, 

recommends that the Senate pass S. 169, if amended as described 

herein. 

COMMITTEE AMENDMENT

During its consideration of S. 169, the Committee adopted an 

amendment in the nature of a substitute. The amendment made 

several conforming changes to the bill and is explained in detail in 

the section-by-section analysis, below. 

SECTION-BY-SECTION ANALYSIS

Section 1 contains the short title, the ‘‘National Trails System 

Willing Seller Act.’’

Section 2 amends section 5(a)(3) of the National Trails System 

Act (16 U.S.C. 1244(a)(3)) to authorize the United States to acquire 

lands and interests therein from willing sellers for addition to nine 

components of the system: the Oregon National Historic Trail; the 

Mormon Pioneer National Historic Trail; the Continental Divide 

National Scenic Trail, the Lewis and Clark National Historic Trail; 

the Iditarod National Historic Trail, the North Country National 

Scenic Trail; the Ice Age National Scenic Trail; the Potomac Heritage National Scenic Trail; and the Nez Perce National Historic 

Trail. In addition, the section makes conforming amendments to 

the paragraphs designating the Potomac Heritage National Scenic 

Trail and the Nez Perce National Historic Trail. 

The section further limits acquisition authority for six of the 

trails—the Oregon National Historic Trail, the Mormon Pioneer 

National Historic Trail, the Continental Divide National Scenic 

Trail, the Lewis and Clark National Historic Trail, the Iditarod National Historic Trail, and the Nez Perce National Historic Trail—

by restricting Federal acquisition of fee title for each trail to an average of not more than one-quarter mile on either side of the trail. 

With respect to these trails, the Committee notes that nothing in 

this Act or the National Trails System Act authorizes the Secretary 

of the Interior or the Secretary of Agriculture to impose restrictions 

on private lands, and that any Federal land acquisition along these 

trails does not affect the agency’s management authority for Federal lands outside of the trail corridor, including lands within the 

viewshed of the trail. 

Section 3 makes a conforming amendment to section 10(c) of the 

National Trails System Act (16 U.S.C. 1249(c)). 

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office: 


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AUGUST 3, 2007. 

Hon. JEFF BINGAMAN, 

Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 169, the National Trails system Willing Seller Act. 

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

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

S. 169—National Trails System Willing Seller Act 

S. 169 would amend the National Trails System Act to allow the 

federal government to purchase land from willing sellers for nine 

of the 25 national trails currently in the system. Under current 

law, federal agencies are not authorized to spend funds to acquire 

land or other property interests for those nine trails that are outside of existing federal areas, such as national forests or parks. (An 

exception to this prohibition is that one site in each state crossed 

by each trail may be acquired for an interpretive site.) 

The costs of implementing S. 169 are uncertain because the federal agencies that administer the national trails have not completed land protection plans for most of the trails that would be affected by the legislation. CBO expects that relatively little land 

along the nearly 19,000 miles composing the nine trails would be 

acquired because most land can probably be protected in other 

ways, as it is for most other trails in the system. Under the bill, 

total acquisition costs could be significant, however, because some 

of the longest trails would probably require large areas to be purchased. For example, land acquisition for multistate trails such as 

the 3,200–mile North Country National Scenic Trail could cost over 

$100 million, assuming appropriation of the necessary amounts. 

For some of the shorter trails, costs would be much lower. For example, trails located primarily on state or federal lands, such as 

the Iditarod National Historic Trail in Alaska, would probably require few or no purchases. In any case, all acquisition funding 

would be subject to the appropriation of the necessary amounts and 

would be spent over a period of several years. This estimate is 

based on information provided by the National Park Service and 

the Forest Service, which administer most of the national trails affected by the bill. 

Of the other 16 existing national trails (not covered by this legislation), only the Appalachian National Scenic Trail has ever received significant appropriated funds for land acquisition (almost 

$230 million to date); other trails have been protected by other 

methods, including state acquisition, cooperative agreements with 

landowners, and inclusion in other federally administered areas. 

Enacting S. 169 would not affect direct spending or revenues. 

The bill 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. 


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The CBO staff contact for this estimate is Deborah Reis. The estimate was approved by Peter H. Fontaine, 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. 169. 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. 169, as ordered reported. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the National Park Service at the April 

26, 2007, Subcommittee hearing follows: 

STATEMENT BY DANIEL N. WENK, DEPUTY DIRECTOR, NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR

Mr. Chairman and members of the subcommittee, thank 

you for the opportunity to appear before you today to 

present the Department’s views on S. 169, the National 

Trails System Willing Seller Act. S. 169 would amend the 

National Trails System Act to provide land acquisition authority from willing sellers, but specifically exclude the use 

of condemnation, for nine national scenic and national historic trails established between 1978 and 1986. 

The Department supports S. 169, which is similar to legislation the Department supported during the 108th Congress. The Department supports the 17 national historic 

trails, 8 scenic trails, and 900 national recreation trails 

that make up the approximately 60,000 miles of trails in 

the National Trails System. National trails are a popular 

way of linking together thousands of significant historic 

sites and drawing attention to local cultural and natural 

resources. This network of trails has provided millions of 

visitors across the country with rewarding and enjoyable 

outdoor experiences. Thousands of volunteers each year 

work tirelessly to plan promote, build, maintain and otherwise care for these trails. 

Trails can provide an important opportunity to promote 

citizen involvement and bring together communities. The 

Department of the Interior has developed a set of principles that will serve as an important guide for all land 

transactions conducted by the Department. The principles 

include: 

1. Integrity: Transactions shall meet the highest ethical 

standards and comply with all applicable laws, rules, regulations and codes of professional conduct. 

2. Good Faith: Transactions shall occur in good faith and 

only with willing parties. 


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3. Transparency: Transactions shall be pursued transparently with appropriate opportunities for public participation. 

4. Mission: Transactions shall promote fulfillment of Departmental and Bureau missions. 

5. Citizen Stewardship: Transactions shall be consistent 

with the promotion of private stewardship. 

6. Innovation: Transactions shall employ easements, donations and other alternatives to fee title when appropriate. 

7. Congressional Direction: The Department shall provide technical assistance and policy recommendations to 

Congress, when requested, and in a manner consistent 

with these principles. 

Within this framework, the Department recognizes the 

positive role the Federal government could play in the protection of these trails with the authority provided under S. 

169. For example, current provisions of the National Trails 

System Act prohibit the expenditure of funds to acquire 

lands and do not provide clear authority to accept donated 

lands or easements. The current prohibition on using 

funds to acquire lands also applies to the acquisition of interest in lands, and thus, the Federal government cannot 

purchase easements from interested landowners. 

It is paramount that we work closely with private landowners, local communities, private volunteer groups, and 

State and local governments to discover creative solutions 

for trail protection that may not result in fee simple acquisition. To ensure that such alternative solutions are fully 

explored, we have provided a proposed amendment at the 

end of this testimony. 

In addition to the considerations in our proposed amendment, we understand that several additional steps would 

have to occur before purchase of a trail segment from a 

willing seller occurs including: developing a land protection 

plan; undergoing a public review process; and requesting, 

obtaining and prioritizing appropriate funding. 

The National Trails System Act was initially developed 

by Congress principally to offer Federal assistance and 

support for protecting the land base of the Appalachian 

National Scenic Trail. When the act was passed in 1968, 

both the previously existing Appalachian and Pacific Crest 

National Scenic Trails were established as the two initial 

components of the National Trails System and 14 more 

trails were proposed for study as potential additions to the 

National Trail System. The core authorities of the act addressed how to establish nationally significant trails. 

In 1978, the national historic trails category was added 

to the National Trails System accompanied by authorization of four historic trails (Oregon, Mormon Pioneer, Lewis 

and Clark, and Iditarod). National historic trails were seen 

as primarily commemorative with only limited need for acquisition authority. Amendments added to the National 

Trails System Act prohibited expenditures by Federal 

agencies to acquire lands or interests in lands for these 


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trails outside of existing Federal areas. Amendments 

added in 1980 and 1983 made this prohibition applicable 

to the Continental Divide National Scenic Trail, as well as 

to the North Country, Ice Age, and Potomac Heritage National Scenic Trails. This means the generic land acquisition authorities provided in Section 7 of the National 

Trails System Act cannot be used on any of these scenic 

and historic trails. 

Since 1983, most of the trails established under the National Trails System Act have had language similar to the 

following sentence: ‘‘No lands or interests therein outside 

the exterior boundaries of any federally administered area 

may be acquired by the United States for the Pony Express National Historic Trail except with the consent of 

the owner thereof.’’ This ‘‘willing seller authority’’ falls 

somewhere between the full land acquisition authority 

used to protect the Appalachian and Pacific Crest National 

Scenic Trails and the ban on Federal funding for acquiring 

segments that fall outside of national parks, forests and 

wildlife refuges on the nine trails included in this bill. 

From its beginning, the National Trails System was premised on the establishment, operation, and maintenance of 

national trails as collaborative partnership efforts. For 

land protection, specifically, state governments and nonprofit partners are encouraged to protect what they can of 

the national trails, with the Federal government embarking on land acquisition only as a last resort. For example, 

in Wisconsin, an arrangement was set up for the Ice Age 

National Scenic Trail under which the State of Wisconsin 

took the lead in acquiring trail lands, with support from 

the Ice Age Park and Trail Foundation and coordination by 

the National Park Service. Further, trail nonprofit partners have been encouraged to develop land trusts to acquire critical lands. This bill is supported by a broad coalition of trail organizations across America. 

Along historic trails, the major means of protecting the 

trail corridor has been through a voluntary certification 

process. These renewable agreements between the Federal 

trail agency and the landowner have enabled trail sites 

and segments to remain in private ownership and still receive Federal government recognition as part of a national 

historic trail. The advantages to certification are that it is 

less costly for the government and the land remains in private (or State) ownership, continuing to generate taxes. 

It would be impossible to estimate funding requirements 

associated with this bill at this time, as the number of 

willing sellers is unknown, whether donation, easements, 

or fee simple acquisition would be employed is unknown, 

and the cost of the land segments for each trail would vary 

due to geographic location and the long time span over 

which the acquisition work would take place. The Administration will identify the costs for each trail on a case-bycase basis. 

By bringing the land acquisition authority on these nine 

trails in line with those in the majority of national scenic 


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and national historic trails in the National Trail System, 

S. 169 would allow the Federal government to assist in the 

protection of these trails, through donation, easements, 

and, as a last resort, fee simple acquisition from landowners actively interested in selling land for trail protection. 

Mr. Chairman, this concludes my prepared testimony. I 

would be happy to answer any questions you or your committee may have. 

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 S. 169, 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: 

* * * * * * * 

(3) The Oregon National Historic Trail, a route of approximately two thousand miles extending from near Independence, 

Missouri, to the vicinity of Portland, Oregon, following a route 

as depicted on maps identified as ‘‘Primary Route of the Oregon Trail 1841–1848’’, in the Department of the Interior’s Oregon Trail study report dated April 1977, and which shall be 

on file and available for public inspection in the office of the 

Director of the National Park Service. The trail shall be administered by the Secretary of the Interior. No land or interest in 

land outside the exterior boundaries of any federally-administered area may be acquired by the Federal Government for the 

trail except with the consent of the owner of the land or interest 

in land. The authority of the Federal Government to acquire fee 

title under this paragraph shall be limited to an average of not 

more than 1⁄4 mile on either side of the trail. 

(4) The Mormon Pioneer National Historic Trail, a route of 

approximately one thousand three hundred miles extending 

from Nauvoo, Illinois, to Salt Lake City, Utah, following the 

primary historical route of the Mormon Trail as generally deVerDate Aug 31 2005 09:58 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR167.XXX SR167

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picted on a map, identified as, ‘‘Mormon Trail Vicinity Map, 

figure 2’’ in the Department of the Interior Mormon Trail study 

report dated March 1977, and which shall be on file and available for public inspection in the office of the Director, National 

Park Service, Washington, D.C. The trail shall be administered 

by the Secretary of the Interior. No land or interest in land 

outside the exterior boundaries of any federally-administered 

area may be acquired by the Federal Government for the trail 

except with the consent of the owner of the land or interest in 

land. The authority of the Federal Government to acquire fee 

title under this paragraph shall be limited to an average of not 

more than 1⁄4 mile on either side of the trail. 

(5) The Continental Divide National Scenic Trail, a trail of 

approximately thirty-one hundred miles, extending from the 

Montana-Canada border to the New Mexico-Mexico border, following the approximate route depicted on the map, identified 

as ‘‘Proposed Continental Divide National Scenic Trail’’ in the 

Department of the Interior Continental Divide Trail study report dated March 1977 and which shall be on file and available 

for public inspection in the office of the Chief, Forest Service, 

Washington, D.C. The Continental Divide National Scenic 

Trail shall be administered by the Secretary of Agriculture in 

consultation with the Secretary of the Interior. Notwithstanding the provisions of section 7(c), the use of motorized vehicles on roads which will be designated segments of the Continental Divide National Scenic Trail shall be permitted in accordance with regulations prescribed by the appropriate Secretary. No land or interest in land outside the exterior boundaries of any federally-administered area may be acquired by the 

Federal Government for the trail except with the consent of the 

owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall 

be limited to an average of not more than 1⁄4 mile on either side 

of the trail. 

(6) The Lewis and Clark National Historic Trail, a trail of 

approximately three thousand seven hundred miles, extending 

from Wood River, Illinois, to the mouth of the Columbia River 

in Oregon, following the outbound and inbound routes of the 

Lewis and Clark expedition depicted on maps identified as, 

‘‘Vicinity Map, Lewis and Clark Trail’’ study report dated April 

1977. The map shall be on file and available for public inspection in the office of the Director, National Park Service, Washington, D.C. The trail shall be administered by the Secretary 

of the Interior. No land or interest in land outside the exterior 

boundaries of any federally-administered area may be acquired 

by the Federal Government for the trail except with the consent 

of the owner of the land or interest in land. The authority of 

the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1⁄4 mile 

on either side of the trail. 

(7) The Iditarod National Historic Trail, a route of approximately two thousand miles extending from Seward, Alaska to 

Nome, Alaska, following the routes as depicted on maps identified as ‘‘Seward-Nome Trail’’, in the Department of the Interior’s study report entitled ‘‘The Iditarod Trail (Seward-Nome 


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Route) and other Alaskan Gold Rush Trails’’ dated September 

1977. The map shall be on file and available for public inspection in the office of the Director, National Park Service, Washington, D.C. The trail shall be administered by the Secretary 

of the Interior. No land or interest in land outside the exterior 

boundaries of any federally-administered area may be acquired 

by the Federal Government for the trail except with the consent 

of the owner of the land or interest in land. The authority of 

the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1⁄4 mile 

on either side of the trail. 

(8) The North Country National Scenic Trail, a trail of approximately thirty-two hundred miles, extending from eastern 

New York State to the vicinity of Lake Sakakawea in North 

Dakota, following the approximate route depicted on the map 

identified as ‘‘Proposed North Country Trail-Vicinity Map’’ in 

the Department of the Interior ‘‘North Country Trail Report’’, dated June 1975. The map shall be on file and available for 

public inspection in the office of the Director, National Park 

Service, Washington, District of Columbia. The trail shall be 

administered by the Secretary of the Interior. No land or interest in land outside the exterior boundaries of any federally-administered area may be acquired by the Federal Government for 

the trail except with the consent of the owner of the land or interest in land. 

* * * * * * * 

(10) The Ice Age National Scenic Trail, a trail of approximately one thousand miles, extending from Door County, Wisconsin, to Interstate Park in Saint Croix County, Wisconsin, 

generally following the route described in ‘‘On the Trail of the 

Ice Age—A Hiker’s and Biker’s Guide to Wisconsin’s Ice Age 

National Scientific Reserve and Trail’’, by Henry S. Reuss, 

Member of Congress, dated 1980. The guide and maps shall be 

on file and available for public inspection in the Office of the 

Director, National Park Service, Washington, District of Columbia. Overall administration of the trail shall be the responsibility of the Secretary of the Interior pursuant to section 5(d) 

of this Act. The State of Wisconsin, in consultation with the 

Secretary of the Interior, may, subject to the approval of the 

Secretary, prepare a plan for the management of the trail 

which shall be deemed to meet the requirements of section 5(e) 

of this Act. Notwithstanding the provisions of section 7(c), 

snowmobile use may be permitted on segments of the Ice Age 

National Scenic Trail where deemed appropriate by the Secretary and the managing authority responsible for the segment. No land or interest in land outside the exterior boundaries of any federally-administered area may be acquired by the 

Federal Government for the trail except with the consent of the 

owner of the land or interest in land. 

(11) The Potomac Heritage National Scenic Trail, a corridor 

of approximately seven hundred and four miles following the 

route as generally depicted on the map identified as ‘‘National 

Trails System, Proposed Potomac Heritage Trail’’ in ‘‘The Potomac Heritage Trail’’, a report prepared by the Department of 

the Interior and dated December 1974, except that no designaVerDate Aug 31 2005 09:58 Sep 20, 2007 Jkt 059010 PO 00000 Frm 00011 Fmt 6659 Sfmt 6602 E:\HR\OC\SR167.XXX SR167

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tion of the trail shall be made in the State of West Virginia. 

The map shall be on file and available for public inspection in 

the office of the Director of the National Park Service, Washington, District of Columbia. The trail shall initally consist of 

only those segments of the corridor located within the exterior 

boundaries of federally administered areas. øNo lands or interests therein outside the exterior boundaries of any federally 

administered area may be acquired by the Federal Government 

for the Potomac Heritage Trail. The Secretary of the Interior 

may designate lands outside of federally administered areas as 

segments of the trail, only upon application from the States or 

local governmental agencies involved, if such segments meet 

the criteria established in this Act and are administered by 

such agencies without expenses to the United States.¿ The 

trail shall be administered by the Secretary of the Interior. No 

land or interest in land outside the exterior boundaries of any 

federally-administered area may be acquired by the Federal 

Government for the trail except with the consent of the owner 

of the land or interest in land. 

* * * * * * * 

(14) The Nez Perce National Historic Trail, a route of approximately eleven hundred and seventy miles extending from the vicinity of Wallowa Lake, Oregon, to Bear Paw Mountain, Montana, as 

generally depicted in ‘‘Nez Perce (Nee-Me-Poo) Trail Study Report’’

prepared by the Department of Agriculture and dated March 1982. 

The report shall be on file and available for public inspection in the 

Office of the Chief of the Forest Service, Washington, District of 

Columbia. The trail shall be administered by the Secretary of Agriculture. No lands or interests therein outside the exterior boundaries of any federally administered area may be acquired by the 

Federal Government for the Nez Perce National Historic Trail. The 

Secretary of Agriculture may designate lands outside of federally 

administered areas as segments of the trail upon application from 

the States or local governmental agencies involved if such segments 

meet the criteria established in this Act and are administered by 

such agencies without expense to the United States. So that significant route segments and sites recognized as associated with the 

Nez Perce Trail may be distinguished by suitable markers, the Secretary of Agriculture is authorized to accept the donation of suitable markers for placement at appropriate locations. Any such 

markers associated with the Nez Perce Trail which are to be located on lands administered by any other department or agency of 

the United States may be placed on such lands only with the concurrence of the head of such department or agency. No land or interest in land outside the exterior boundaries of any federally-administered area may be acquired by the Federal Government for the 

trail except with the consent of the owner of the land or interest in 

land. The authority of the Federal Government to acquire fee title 

under this paragraph shall be limited to an average of not more 

than 1⁄4 mile on either side of the trail. 

* * * * * * * 

SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

* * * * * * * 


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13 

ø(c)(1) There is hereby authorized to be appropriated such sums 

as may be necessary to implement the provisions of this Act relating to the trails designated by paragraphs 5(a) (3), (4), (5), (6), (7), 

(8), (9), and (10): Provided, That no such funds are authorized to 

be appropriated prior to October 1, 1978: And Provided further, 

That notwithstanding any other provisions of this Act or any other 

provisions of law, no funds may be expended by Federal agencies 

for the acquisition of lands or interests in lands outside the exterior 

boundaries of existing Federal areas for the Continental Divide National Scenic Trail, the North Country National Scenic Trail, The 

Ice Age National Scenic Trail, the Oregon National Historic Trail, 

the Mormon Pioneer National Historic Trail, the Lewis and Clark 

National Historic Trail, and the Iditarod National Historic Trail, 

except that funds may be expended for the acquisition of lands or 

interests therein for the purpose of providing for one trail interpretation site, as described in section 7(c), along with such trail in 

each State crossed by the trail. 

ø(2) Except as otherwise provided in this Act, there is authorized to be appropriated such sums as may be necessary to 

implement the provisions of this Act relating to the trails designated by section 5(a). Not more than $500,000 may be appropriated for the purposes of acquisition of land and interests 

therein for the trail designated by section 5(a)(12) of this Act, 

and not more than $2,000,000 may be appropriated for the 

purposes of the development of such trail. The administering 

agency for the trail shall encourage volunteer trail groups to 

participate in the development of the trail.¿ 

(c) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Except as otherwise provided in this Act, 

there are authorized to be appropriated such sums as are necessary to implement the provisions of this Act relating to the 

trails designated by section 5(a). 

(2) NATCHEZ TRACE NATIONAL SCENIC TRAIL.— (A) IN GENERAL.—With respect to the Natchez Trace National Scenic Trail (referred to in this paragraph as the 

‘trail’) designated by section 5(a)(12)—

(i) not more than $500,000 shall be appropriated for 

the acquisition of lands or interests in land for the 

trail; and 

(ii) not more than $2,000,000 shall be appropriated 

for the development of the trail. 

(B) PARTICIPATION BY VOLUNTEER TRAIL GROUPS.—The 

administering agency for the trail shall encourage volunteer groups to participate in the development of the trail. 

Æ 


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