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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 594 Reported in Senate (RS)]

<DOC>

                                                       Calendar No. 391
118th CONGRESS
  2d Session
                                 S. 594

                          [Report No. 118-175]

   To require the Secretary of Agriculture and the Secretary of the 
    Interior to prioritize the completion of the Continental Divide 
             National Scenic Trail, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 1, 2023

  Mr. Heinrich (for himself and Mr. Daines) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

                              May 16, 2024

               Reported by Mr. Manchin, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
   To require the Secretary of Agriculture and the Secretary of the 
    Interior to prioritize the completion of the Continental Divide 
             National Scenic Trail, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Continental Divide Trail 
Completion Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Acequia.--The term ``acequia'' has the meaning 
        given the term ``community ditch'' in New Mexico Stat. 73-2-
        27.</DELETED>
        <DELETED>    (2) Land grant-merced.--The term ``land grant-
        merced'' means a community land grant issued under the laws or 
        customs of the Government of Spain or Mexico that is recognized 
        under chapter 49 of New Mexico Stat. (or a successor 
        statute).</DELETED>
        <DELETED>    (3) Optimal location review.--The term ``optimal 
        location review'' means a review conducted in accordance with 
        the process described in the guide entitled ``Continental 
        Divide National Scenic Trail Optimal Location Review Guide'' 
        and dated November 2017.</DELETED>
        <DELETED>    (4) Secretaries.--The term ``Secretaries'' means 
        each of the Secretary and the Secretary of the 
        Interior.</DELETED>
        <DELETED>    (5) Secretary.--The term ``Secretary'' means the 
        Secretary of Agriculture, acting through the Chief of the 
        Forest Service.</DELETED>
        <DELETED>    (6) Team.--The term ``Team'' means the joint 
        Forest Service and Bureau of Land Management Trail completion 
        team established under section 3(b).</DELETED>
        <DELETED>    (7) Trail.--The term ``Trail'' means the 
        Continental Divide National Scenic Trail established by section 
        5(a)(5) of the National Trails System Act (16 U.S.C. 
        1244(a)(5)).</DELETED>

<DELETED>SEC. 3. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.</DELETED>

<DELETED>    (a) Completion of Trail.--</DELETED>
        <DELETED>    (1) In general.--Not later than November 10, 2028, 
        the Secretaries shall, to the maximum extent practicable, 
        ensure the completion of the Trail as a contiguous route, 
        consistent with sections 3(a)(2), 5(a)(5), and 7 of the 
        National Trails System Act (16 U.S.C. 1242(a)(2), 1244(a)(5), 
        1246).</DELETED>
        <DELETED>    (2) Required activities.--The Secretaries shall, 
        to the maximum extent practicable, carry out necessary 
        activities to achieve the goal described in paragraph (1), 
        including the following activities, in the following order of 
        priority:</DELETED>
                <DELETED>    (A) Complete the Trail by acquiring land 
                or an interest in land, entering into easement 
                agreements, or encouraging a State or local government 
                to enter into a cooperative agreement to acquire any 
                interest in land, that is necessary--</DELETED>
                        <DELETED>    (i) to eliminate gaps between 
                        sections of the Trail; and</DELETED>
                        <DELETED>    (ii) to maintain the nature and 
                        purposes of the Trail.</DELETED>
                <DELETED>    (B) If appropriate and supported by local 
                affected stakeholders, optimize the Trail by 
                relocating, consistent with the nature and purposes of 
                the Trail, existing incompatible portions of the Trail 
                onto Federal land as necessary to provide for--
                </DELETED>
                        <DELETED>    (i) maximum outdoor recreation 
                        potential;</DELETED>
                        <DELETED>    (ii) the conservation and 
                        enjoyment of the nationally significant scenic, 
                        historic, natural, or cultural qualities of the 
                        areas through which the Trail passes;</DELETED>
                        <DELETED>    (iii) continuity in land 
                        ownership, if desired by the owner of the 
                        affected land; and</DELETED>
                        <DELETED>    (iv) segments of the Trail that 
                        are comparable in length to the segments of the 
                        Trail being relocated.</DELETED>
                <DELETED>    (C) Publish maps of the completed corridor 
                of the Trail.</DELETED>
<DELETED>    (b) Trail Completion Team.--</DELETED>
        <DELETED>    (1) In general.--In carrying out subsection (a), 
        not later than 1 year after the date of enactment of this Act, 
        the Secretaries shall establish a joint Forest Service and 
        Bureau of Land Management Trail completion team to work in 
        coordination with the administrator of the Trail to facilitate 
        the completion and optimization of the Trail, pursuant to the 
        purposes of section 3(a)(2) of the National Trails System Act 
        (16 U.S.C. 1242(a)(2)), consistent with the nature and purposes 
        of the Trail.</DELETED>
        <DELETED>    (2) Duties of the team.--The Team shall--
        </DELETED>
                <DELETED>    (A) carry out land and right-of-way 
                acquisitions, easement acquisitions, relocations, and 
                Trail construction activities, consistent with any 
                optimal location reviews, giving priority to land 
                that--</DELETED>
                        <DELETED>    (i) eliminates gaps between 
                        segments of the Trail;</DELETED>
                        <DELETED>    (ii) may be acquired for the Trail 
                        by the Secretary or the Secretary of the 
                        Interior by--</DELETED>
                                <DELETED>    (I) purchase from a 
                                willing seller;</DELETED>
                                <DELETED>    (II) donation;</DELETED>
                                <DELETED>    (III) exchange;</DELETED>
                                <DELETED>    (IV) cooperative 
                                agreement; or</DELETED>
                                <DELETED>    (V) easement 
                                agreement;</DELETED>
                        <DELETED>    (iii) is best suited for inclusion 
                        in the Trail corridor in accordance with the 
                        purposes, policy, and provisions of the 
                        National Trails System Act (16 U.S.C. 1241 et 
                        seq.);</DELETED>
                        <DELETED>    (iv) if appropriate and supported 
                        by local affected stakeholders, has been 
                        identified as a segment of the Trail on Federal 
                        land that should be relocated to provide for 
                        maximum outdoor recreation potential and the 
                        conservation and enjoyment of the nationally 
                        significant scenic, historic, natural, or 
                        cultural qualities of the areas through which 
                        the Trail passes;</DELETED>
                        <DELETED>    (v) mitigates land use 
                        conflicts;</DELETED>
                        <DELETED>    (vi) would support the development 
                        of rural communities through use as a trail; 
                        and</DELETED>
                        <DELETED>    (vii) minimizes the distance to 
                        connect compatible segments of the 
                        Trail;</DELETED>
                <DELETED>    (B) provide the necessary administrative 
                and technical support to complete conveyances of the 
                Trail corridor under subsection (a);</DELETED>
                <DELETED>    (C) as appropriate, consult with other 
                Federal agencies, Governors of the affected States, 
                affected Indian Tribes, local governments, affected 
                land owners, land-grant mercedes, acequias, and 
                applicable owners or users of a land grant-merced or 
                acequia, the Continental Divide Trail Coalition, and 
                other volunteer and nonprofit organizations that assist 
                in the development, maintenance, and management of the 
                Trail; and</DELETED>
                <DELETED>    (D) support the Secretary in the 
                development of the comprehensive development plan for 
                the Trail under subsection (c) and annual reports under 
                subsection (f).</DELETED>
<DELETED>    (c) Comprehensive Development Plan.--</DELETED>
        <DELETED>    (1) In general.--Not later than 2 years after the 
        date of establishment of the Team under subsection (b), the 
        Secretary shall submit to the Committee on Energy and Natural 
        Resources of the Senate and the Committee on Natural Resources 
        of the House of Representatives a comprehensive development 
        plan for the Trail.</DELETED>
        <DELETED>    (2) Recommended inclusions.--The plan submitted 
        under paragraph (1) should--</DELETED>
                <DELETED>    (A) identify any gaps in the Trail with 
                respect to which the Secretaries have not been able to 
                acquire land or interests in land by purchase from a 
                willing seller, donation, exchange, cooperative 
                agreement, or easement agreement;</DELETED>
                <DELETED>    (B) include a plan for closing the gaps 
                identified under paragraph (1) by acquiring land or 
                interests in land or entering into an easement 
                agreement; and</DELETED>
                <DELETED>    (C) include general and site-specific 
                development plans, including anticipated 
                costs.</DELETED>
<DELETED>    (d) Method of Acquisition.--In carrying out this section, 
the Secretaries--</DELETED>
        <DELETED>    (1) may acquire land or an interest in land only 
        by--</DELETED>
                <DELETED>    (A) purchase from a willing seller with 
                donated or appropriated funds;</DELETED>
                <DELETED>    (B) donation;</DELETED>
                <DELETED>    (C) exchange;</DELETED>
                <DELETED>    (D) cooperative agreement; or</DELETED>
                <DELETED>    (E) easement agreement; and</DELETED>
        <DELETED>    (2) may not acquire land or an interest in land by 
        eminent domain.</DELETED>
<DELETED>    (e) Maintaining Existing Partnerships.--In carrying out 
this section, the Secretaries shall continue to maintain and develop 
working relationships with volunteer and nonprofit organizations that 
assist in the development, maintenance, and management of the 
Trail.</DELETED>
<DELETED>    (f) Reports.--Not later than September 30, 2024, and not 
later than the end of each fiscal year thereafter until the date on 
which the comprehensive development plan for the Trail is determined by 
the Secretary to be fully implemented, the Secretary shall submit to 
the Committee on Energy and Natural Resources of the Senate and the 
Committee on Natural Resources of the House of Representatives a report 
that includes the following:</DELETED>
        <DELETED>    (1) A description of the progress of the 
        Secretaries in acquiring land or interests in land to complete 
        the Trail consistent with this Act.</DELETED>
        <DELETED>    (2) The quantity of land or interests in land 
        acquired during the fiscal year and the amount expended for the 
        land or interests in land.</DELETED>
        <DELETED>    (3) The quantity of land or interests in land 
        planned for acquisition in the subsequent fiscal year and the 
        estimated cost of the land or interests in land.</DELETED>
        <DELETED>    (4) The estimated quantity of land or interests in 
        land remaining to be acquired after taking into account the 
        acquisitions under paragraphs (2) and (3).</DELETED>
        <DELETED>    (5) The existing number of miles of the Trail on 
        Federal land that need to be relocated to provide for--
        </DELETED>
                <DELETED>    (A) maximum outdoor recreation potential; 
                and</DELETED>
                <DELETED>    (B) conservation and enjoyment of the 
                nationally significant scenic, historic, natural, or 
                cultural qualities of the areas through which the Trail 
                passes.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Continental Divide National Scenic 
Trail Completion Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (2) Trail.--The term ``Trail'' means the Continental Divide 
        National Scenic Trail.
            (3) Trail completion team.--The term ``Trail Completion 
        Team'' means the joint Forest Service-Bureau of Land Management 
        Trail completion team established under section 4(a).

SEC. 3. COMPLETION OF CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.

    Subject to the availability of appropriations, the Secretary and 
the Secretary of the Interior shall seek to complete the Trail as a 
continuous route not later than the 50th anniversary of the date of 
designation of the Trail as a national scenic trail.

SEC. 4. TRAIL COMPLETION TEAM.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary and the Secretary of the Interior shall 
establish a joint Forest Service-Bureau of Land Management Trail 
completion team to work in coordination with the administrator of the 
Trail--
            (1) to facilitate the completion and optimization of the 
        Trail, consistent with the purposes of the Trail; and
            (2) to assist in the development of the comprehensive 
        development plan for the Trail under section 5.
    (b) Consultation.--As appropriate, the Trail Completion Team shall 
consult with other Federal agencies, affected State, Tribal, and local 
governments, landowners, affected land-grant mercedes owners and users, 
acequias, and other interested parties in--
            (1) the completion and optimization of the Trail; and
            (2) the development and completion of the comprehensive 
        development plan for the Trail under section 5.

SEC. 5. COMPREHENSIVE DEVELOPMENT PLAN FOR THE CONTINENTAL DIVIDE 
              NATIONAL SCENIC TRAIL.

    (a) In General.--Not later than 3 years after the date of 
establishment of the Trail Completion Team under section 4(a), the 
Secretary shall complete a comprehensive development plan for the 
Trail.
    (b) Plan Inclusions.--The comprehensive development plan under 
subsection (a) shall--
            (1) identify any gaps in the Trail for which the Secretary 
        and the Secretary of the Interior have not been able to acquire 
        land;
            (2) identify opportunities for the use of easements 
        acquired from willing sellers to facilitate completion of the 
        Trail; and
            (3) include general and site-specific Trail development 
        plans, including anticipated costs of the plans.

SEC. 6. PARTNERSHIPS.

    The Secretary and the Secretary of the Interior shall seek to enter 
into agreements with volunteer and nonprofit organizations, as 
appropriate, to facilitate the completion and administration of the 
Trail.

SEC. 7. EFFECT.

    Nothing in this Act--
            (1) provides any authority to acquire land or interests in 
        land for inclusion in the Trail beyond the authorities provided 
        for the Trail in the National Trails System Act (16 U.S.C. 1241 
        et seq.), including acquisition by eminent domain; or
            (2) makes the acquisition of land or interests in land for 
        the Trail a priority over other land acquisition 
        authorizations.
                                                       Calendar No. 391

118th CONGRESS

  2d Session

                                 S. 594

                          [Report No. 118-175]

_______________________________________________________________________

                                 A BILL

   To require the Secretary of Agriculture and the Secretary of the 
    Interior to prioritize the completion of the Continental Divide 
             National Scenic Trail, and for other purposes.

_______________________________________________________________________

                              May 16, 2024

                       Reported with an amendment
```