89–010

Calendar No. 61

107TH CONGRESS REPORT

1st Session " ! SENATE 107–26

NATIONAL DISCOVERY TRAILS ACT OF 2001

JUNE 5, 2001.—Ordered to be printed

Mr. MURKOWSKI, from the Committee on Energy and Natural

Resources, submitted the following

REPORT

[To accompany S. 498]

The Committee on Energy and Natural Resources, to which was

referred the bill (S. 498) entitled ‘‘National Discovery Trails Act of

2001,’’ having considered the same, reports favorably thereon with

amendments and an amendment to the title and recommends that

the bill, as amended, do pass.

The amendments are as follows:

1. On page 4, strike lines 1 through 10 and insert the following:

‘‘(1) by redesignating the second paragraph (21) (relating to

the Ala Kahakai National Historic Trail) as paragraph (22);

and

‘‘(2) by adding at the end the following:’’.

2. On page 4, line 11, strike ‘‘(21)’’ and insert in lieu thereof

‘‘(23)’’.

3. Amend the title so as to read: ‘‘A bill to amend the National

Trails System Act to include national discovery trails, and to designate the American Discovery Trail, and for other purposes’’.

PURPOSE OF THE MEASURE

The purpose of S. 498 is to amend the National Trails System

Act to designate the American Discovery Trail as the first National

Discovery Trail and to establish a new category of National Discovery Trails within the National Trails System.

BACKGROUND AND NEED

The American Hiking Society and Backpacker Magazine began

planning the American Discovery Trail (ADT) in 1989. The ADT

idea was a follow-up to a 1981 project called ‘‘HikaNation’’ when
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a group of hikers crossed the United States promoting new and better trails.

Public Law 102–461, directed the Secretary of the interior to determine the feasibility and desirability of designating the American

Discovery Trail (ADT) as a national trail. The National Park Service was assigned the overall responsibility for the study and

worked with the Forest Service, Bureau of Land Management and

the American Hiking Society during the study and planning process. It was during this process that the idea for a new category of

national trails first surfaced.

According to the study, the proposed ADT would take users

through extremely varied terrain including: towns, cities, forests,

mountains, deserts and seacoasts. The ADT would traverse back

roads, existing trails, paved bikeways and even streets in large

cites. It passes thousands of scenic, cultural and historic sites and

connects dozens of existing trails in 15 States and the District of

Columbia. The trail would pass through 14 units of the National

Park System, 16 National Forests and numerous State parks and

forests as well as numerous local recreational areas.

The ADT would be continuous from coast-to-coast and would connect 5 National Scenic Trails, 10 National Historic Trials and 23

National Recreation Trails. The ADT would link the nation’s principal north-south trails and east-west historic trails with shorter

local and regional trials into a nationwide network. It would roughly parallel US Route 50 and extend about 4,800 miles from Cape

Henlopen, Delaware to Point Reyes, California. However, between

Cincinnati, Ohio and Denver, Colorado, the trail would have both

a southern and northern route. (The northern route is 200 miles

shorter, or about 4,600 miles long.) If both the southern route and

the northern routes are included in the calculation, the combined

total length of the trail is approximately 6,356 miles.

The trail is envisioned principally for hiking, although by using

the southern route, about 4,000 miles of the trail can be traveled

by bicycle. Some sections can be ridden on horseback. However,

there are places along the trail where one or both would not be allowed.

The American Discovery Trail Society, a nationwide non-profit

organization, has been established for the purpose of administering

the ADT. It would coordinate the efforts of the many local trail organizations who will be responsible for maintaining the trail.

LEGISLATIVE HISTORY

S. 498 was introduced by Senator Murkowski March 8, 2001.

During the 106th Congress, the Subcommittee on National Parks,

Historic Preservation, and Recreation held a hearing on an identical bill, S. 734, on May 25, 1999. During the 106th Congress the

Committee considered and the Senate passed, S. 734. No further

action was taken in the House of Representatives on S. 734.

At its business meeting on May 16, 2001, the Committee on Energy and Natural Resources ordered S. 498, favorably reported, as

amended.
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COMMITTEE RECOMMENDATIONS

The Committee on Energy and Natural Resources, in open business session on May 16, 2001, by a unanimous voice vote of a

quorum present, recommends that the Senate pass S. 498, if

amended as described herein.

COMMITTEE AMENDMENTS

During the consideration of S. 498, the committee adopted technical and clarifying amendments. The amendments clarify the

numbering of the American Discovery Trail designation to reflect

additions to the National Trails Act which were passed during the

106th Congress.

SECTION-BY-SECTION ANALYSIS

Section 1 designates the bill’s short title as the ‘‘National Discovery Trails Act of 1999’’.

Section 2(a) amends the National Trails Systems act by adding

‘‘National Discovery Trails’’ as a new category of trails which may

be designated as part of the Act. The section contains a provision

which requires the consent of owner of any non-Federal lands to be

designated as a ‘‘Discovery Trail’’.

The section further amends the National Trail Systems Act by

establishing criteria and cooperative management requirements for

National Discovery Trails. A National Discovery Trail must link

one or more areas within the boundaries of a metropolitan area

and it should join with other trails, connecting the National Trails

System to significant recreation and resources areas.

The trail must be supported by a competent trailwide supportbased organization and have extensive local and trailwide support

by the public, user groups, and by affected State and local governments.

The appropriate Secretary for each National Discovery Trail

shall administer the trail in cooperation with a trailwide volunteerbased organization.

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

Act to designate the ‘‘American Discovery Trail’’ as the first National Discovery trial. The trail extends approximately 6,000 miles

from Point Reyes National Seashore in California, traveling

through fifteen states and the District of Columbia, and splitting

into a northern and southern route about mid-way through the

United States as described in Volume 2 of the National Park Service feasibility study dated June 1995.

Section 2(c) amends section 5 of the National Trials System Act

by adding a new subsection which adds criteria and direction on

the completion of comprehensive management plans for National

Discovery Trials.

Section 3 amends the National Trails System Act to make several conforming amendments.

COST AND BUDGETARY CONSIDERATIONS

The following estimate of costs of this measure has been provided

by the Congressional Budget Office.
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S. 498—National Discovery Trails Act of 2001

Assuming appropriation of the necessary amounts, CBO estimates that implementing S. 498 would cost the federal government

about $2 million over the next five fiscal years. Enacting S. 498

would not affect direct spending or receipts; therefore, pay-as-yougo procedures would not apply. The bill contains no intergovernmental or private-sector mandates as defined in the Unfunded

Mandates Reform Act and would have no significant impact on the

budgets of state, local, or tribal governments.

S. 498 would establish ‘‘national discovery trails’’ as a new category within the National Trails System (NTS). National discovery

trails would be extended, continuous, interstate trails designated

on federal lands (or nonfederal property with the consent of the

owner). Each discovery trail would be administered by the Secretary of Agriculture (Forest Service) or the Interior (National Park

Service), as appropriate. Additionally, the respective secretary

would have to manage each discovery trail in cooperation with at

least one trailwide volunteer-based organization.

Finally, S. 498 would designate a 6,000-mile route as the American Discovery Trail. This first national discovery trail would be

managed by the National Park Service (NPS), which would be prohibited from acquiring any land outside of federally administered

areas solely for the purpose of the trail. The NPS would have three

years to submit a comprehensive management plan for the development and use of the trail.

CBO estimates that the cost of adding another category to the

NTS would have no effect on the federal budget. Establishing the

American Discovery Trail would cost about $1 million over fiscal

years 2002 and 2004. This one-time cost would include amounts to

develop the comprehensive management plan and create exhibits

and other interpretive materials. CBO estimates that beginning in

fiscal year 2005, the NPS would spend between $0.4 million and

$0.6 million annually to manage and maintain the trail, depending

on how much of this effort would be borne by nonfederal entities

such as volunteer organizations or state and local governments.

One-time costs and subsequent annual costs would thus total about

$2 million over the 2002–2005 period, assuming appropriation of

the necessary amounts. This estimate is based on information provided by the NPS.

The CBO staff contact for this estimate is Deborah Reis. This 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. 498.

The bill is not a regulatory measure in the sense of imposing

Government-established standards of 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.
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Little, if any, additional paperwork would result from enactment of

S. 498, as ordered reported.

EXECUTIVE COMMUNICATIONS

A legislative report was not requested on S. 498. The testimony

on S. 498, an identical bill, provided by a representative of the National Park Service at the Parks Historic Preservation, and Recreation Subcommittee hearing during the 106th Congress follows:

STATEMENT OF KATHERINE H. STEVENSON, ASSOCIATE DIRECTOR, CULTURAL RESOURCE STEWARDSHIP AND PARTNERSHIPS, NATIONAL PARK SERVICE, DEPARTMENT OF

THE INTERIOR

Mr. Chairman, thank you for the opportunity to appear

before this committee to present the Department’s views

on S. 734, the National Discovery Trails Act of 1999. We

support enactment of S. 734 if amended according to our

testimony. We strongly support the concept of the American Discovery Trail and believe that the best way to integrate it into the existing National Trails System is through

carefully establishing a new category of national discovery

long-distance trails.

The American Discovery Trail (ADT) was proposed in

1990 as a continuous mid-continent, coast-to-coast trail to

link metropolitan areas to the nation’s major long-distance

trails, as well as to shorter local and regional trails. The

ADT’s founders envisioned the trail to be the strong backbone of America’s National Trails System.

In October 1992, through P.L. 102–461, Congress directed the Secretary of the Interior to study the feasibility

and desirability of adding the ADT to the National Trails

System. This study was completed in December of 1995,

and submitted to Congress last year. The 6000+ mile route

of the ADT, as described in this legislation and mapped in

the feasibility study, extends from Cape Henlopen State

Park in Delaware to Point Reyes National Seashore in

California. The ADT crosses the states of Nevada, Utah,

Colorado, Nebraska, Kansas, Iowa, Missouri, Illinois, Indiana, Ohio, a bit a Kentucky, West Virginia, Maryland, and

the District of Columbia.

The feasibility study team visited many parts of the

trail’s route, analyzed its purposes and goals as a standalone project and as an integral part of the National Trails

System. They developed the following three alternatives

based on their findings.

Alternative 1 examined the ADT as a potential national scenic trail.

Alternative 2 recognized the unique characteristics

of this trail and suggested a new category of trail

within the National Trails System.

Alternative 3 explored taking no federal action.

S. 734 is based on Alternative 2, a new category of longdistance trail.
6

We believe that the National Trails System can be improved by adding this new category, which links America’s

cities together, is open to a variety of trail users (as determined by local conditions), and relies on a relationship of

equals between the federal government and a nonprofit

partner. However, such trails must be limited to those that

meet specific requirements and are of national interest

and significance.

If created generally as proposed in this legislation, the

ADT, as well as the new category of national discovery

trails, will further the goals of the National Trails System

in several significant ways—ways that help update the

system to reflect current popular and political realities.

The ADT will:

(1) link America’s long-distance trails to a variety of

cities and towns, thereby providing population centers

direct access to our nation’s remarkable trails system;

(2) welcome into the National Trails System a new

category of trails for which the primary responsibility

for protecting and maintaining these trails lies not

with the federal government, but with others;

(3) be built largely upon existing trails and trail systems, thereby eliminating the need for federal acquisition; and

(4) require that an effective private-sector partner is

present from the start, rather than following designation. It is our experience that trails created without

such partners tend to flounder and do not serve the

public well. In this case, the nonprofit partner would

shoulder much of the coordination and certification responsibility which, in the past, has fallen to the federal government in caring for long-distance trails created under the National Trails System Act.

The importance of a strong partner.—The Appalachian

Trail was the model and impetus for the National Trails

System. When that trail was established as a national scenic trail in 1968, it was well-supported by a vibrant nonprofit organization, the Appalachian Trail Conference, with

thousands of members and decades of trail-building and

maintaining experience. For the National Park Service,

helping protect and administer the Appalachian Trail from

the beginning has been a mutual partnership, with both

the conference and the service offering their skills and

strengths to keep the trail viable and intact.

However, some of the trails subsequently established as

part of the National Trails System have not had (and still

do not have) strong partner organizations. In some cases,

the federal agency administering a trail has had to wait

for such a group to get started or to assist in organizing

it. Trail partnerships are essential to the well-being of the

National Trails System. We strongly support the amendment to the National Trails System Act in S. 734, which

insists that one of the criteria for establishing a national

discovery trail is that there already exists at least one
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competent, volunteer-based organization for the proposed

trail, backed up by state and local public support.

Trail protection.—By far the most controversial issue associated with the National Trails System is trail and trail

corridor protection and, specifically, federal land acquisition. The organizers of the ADT recognized this early on

and located this trail to minimize its impact on private

lands. It is our understanding that there are only a handful of private parcels crossed by the trail, and these occur

where an underlying trail already exists, such as the

Buckeye Trail in Ohio. The feasibility study team felt

strongly that local and state jurisdictions should bear the

primary responsibility for protecting and enhancing the

ADT and its corridor on both sides. The federal government should only be a facilitator and agent of last resort.

Trail costs.—The National Park Service today

administraters 15 of the nation’s 20 national scenic and

historic trails. They range in length from 54 to 5,600

miles. Operating costs range from $25,000 to over

$750,000 per year. Because of its length and complexity,

costs for the ADT will fall somewhere in the middle of this

range. The feasibility study team estimated the trail’s comprehensive management plan would cost approximately

$360,000 over several years, and that annual federal operating costs of the trail as a national discovery trail will be

about $400,000 a year. Additionally, costs would be incurred by the Bureau of Land Management and the Forest

Service for the management of the portions of the trail

under their jurisdiction. There should be no land acquisition or protection costs for the federal government, since

primary responsibility for trail corridor protection lies with

state, local, and nonprofit partners. It should be noted that

authority already exists within the National Trails System

Act to appropriate any necessary funds to support this

trail, or other trails created as national discovery trails.

Funding for this addition to the National Trails System is

not currently assumed in out-year budget estimates. Establishment of this new trail, even if authorized by Congress, would be contingent on Administration priorities

and available resources.

Amendment.—Based on 20 years’ experience administering national trails, we recommend a number of

amendments to S. 734 to provide clarity and consistency.

We are particularly concerned about language in two

places where we believe state and local jurisdictions, which

have the primary responsibility for protecting and managing segments of national discovery trails, would be severely hampered in their ability to keep the trail open to

the public and to provide recreational access. We propose

deleting language in one of these places, (On page 7, line

5, strike the sentences beginning with ‘‘Nothing in this

Act * * *’’ through line 12 of page 7) and would like to

work with the committee on alternative language for the

second (On page 5, line 9, strike the sentence beginning

with ‘‘No lands***’’).
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In addition, we have a number of clarifying and technical amendments to S. 734, which we believe would help

meet the Administration’s objectives in establishing this

new category of trails. These amendments are attached to

the testimony.

Mr. Chairman, we support designation of the ADT as

the first of a new category of national discovery trails. We

believe it is innovative and worthy of designation with the

amendments suggested. The feasibility study has shown

that people across the nation are clearly enthusiastic about

this effort. The American Discovery Trail and future discovery trails will link America’s towns and cities, creating

a true National Trails System.

This concludes my prepared remarks. I will be glad to

answer any questions you may have.

PROPOSED NATIONAL PARK SERVICE TECHNICAL AND

CLARIFYING AMENDMENTS TO S. 734

1. On page 5, line 13, strike ‘‘sections 7(e), 7(f), and’’ and

insert ‘‘subsection’’. The NPS believes national discovery

trails should not be exempt from subsections 7(e) and 7(f)

of the National Trails System Act. An exemption from subsections 7(e) and 7(f) may unduly restrict Federal activity

needed to protect this trail. Subsection 7(e) authorizes acceptance of donations and collaboration through cooperative agreements, and 7(f) authorizes land exchanges to protect national trails.

2. On page 5, line 21, after the word ‘‘trail,’’ strike all

through ‘‘trail,’’ on line 2 of page 6 and insert ‘‘the responsible secretary shall submit a comprehensive plan for the

protection, management, development, and use of the of

the trail.’’ It appears some words may have been left out

of this sentence. The language we propose would clarify

that technical assistance comes later during trail administration, not during the preparation of a plan for the trail.

3. On page 6, line 7 strike everything after ‘‘trail’’

through line 8 and insert ‘‘does not conflict with existing

agency direction and’’. This language provides some clarity

to the authority.

4. On page 7, lines 1–3, strike ‘‘by the volunteer-based

organization, in cooperation with the appropriate Secretary,’’. This language is redundant.

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 S.

498, 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):
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(Public Law 90–543, as amended—October 2, 1968)

SEC. 2. (a) In order to provide for the ever-increasing outdoor

recreation needs of an expanding population and in order 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, trails should be established (i) primarily,

near the urban areas of the Nation, and (ii) secondarily, within scenic areas and along historic travel routes of the Nation, which are

often more remotely located.

(b) The purpose of this Act is to provide the means for attaining

these objectives by instituting a national system of recreation, øscenic and historic¿ scenic, historic, and discovery trails, by designating the Appalachian Trail and the Pacific Crest Trail as the initial components of that system, and by prescribing the methods by

which, and standards according to which, additional components

may be added to the system.

(c) The Congress recognizes the valuable contributions that volunteers and private, nonprofit trail groups have made to the development and maintenance of the Nation’s trails. In recognition of

these contributions, it is further the purpose of this Act to encourage and assist volunteer citizen involvement in the planning, development, maintenance, and management, where appropriate, of

trails.

SEC. 3 (a) The national system of trails shall be composed of the

following:

(1) National recreation trails, established as provided in section 4 of this Act, which will provide a variety of outdoor recreation uses in or reasonably accessible to urban areas.

(2) National scenic trails, established as provided in section

5 of this Act, which will be extended trails so located as to provide for maximum outdoor recreation potential and for the conservation and enjoyment of the nationally significant scenic,

historic, natural, or cultural qualities of the areas through

which such trails may pass. National scenic trails may be located so as to represent desert, marsh, grassland, mountain,

canyon, river, forest, and other areas, as well as land forms

which exhibit significant characteristics of the physiographic

regions of the Nation.

(3) National historic trails, established as provided in section

5 of this Act, which will be extended trails which follow as

closely as possible and practicable the original trails or routes

of travel of national historic significance. Designation of such

trails or routes shall be continuous, but the established or developed trail, and the acquisition thereof, need not be continuous onsite. National historic trails shall have as their purpose

the identification and protection of the historic route and its

historic remnants and artifacts for public use and enjoyment.

Only those selected land and water based components of an

historic trail which are on federally owned lands and which

meet the national historic trail criteria established in this Act

are included as Federal protection components of a national

historic trail. The appropriate Secretary may certify other

lands as protected segments of an historic trail upon application from State or local governmental agencies or private inter-
10

ests involved if such segments meet the national historic trail

criteria established in this Act and such criteria supplementary

thereto as the appropriate Secretary may prescribe, and are

administered by such agencies or interests without expense to

the United States.

(4) Connecting or side trails, established as provided in section 6 of this Act, which will provide additional points of public

access to national recreation, national scenic or national historic trails or which will provide connections between such

trails. The Secretary of the Interior and the Secretary of Agriculture, in consultation with appropriate governmental agencies and public and private organizations, shall establish a uniform marker for the national trails system.

(5) National discovery trails, established as provided in section 5, which will be extended, continuous, interstate trails so

located as to provide for outstanding outdoor recreation and

travel as to connect representative examples of America’s trails

and communities. National discovery trails should provide for

the conservation and enjoyment of significant natural cultural,

and historic resources associated with each trail and should be

so located as to represent metropolitan, urban, rural, and back

country regions of the Nation. Any such trail may be designated

on federal lands and, with the consent of the owner thereof, on

any non federal lands.

* * * * * * *

NATIONAL SCENIC AND øNATIONAL HISTORIC¿ NATIONAL HISTORIC, AND NATIONAL DISCOVERY TRAILS

SEC. 5. (a) National scenic and ønational historic¿ national historic, and national discovery trails shall be authorized and designated only by an Act of Congress. There are hereby established

the following National Scenic and (National Historic) National Historic, and National Discovery Trails:

* * * * * * *

(22) ALA KAHAKAI NATIONAL HISTORIC TRAIL.—

(A) IN GENERAL.—The Ala Kahakai National Historic

Trail (the Trail by the Sea), a 175 mile long trail extending

from ‘‘Upolu on the north tip of Hawaii Island down the

west coast of the island around Ka Lae to the east boundary of Hawaii Volcanoes National Park at the ancient

shoreline temple known as ‘‘Waha’ula’’, as generally depicted on the map entitled ‘‘Ala Kahakai Trail’’, contained

in the report prepared pursuant to subsection (b) entitled

‘‘Ala Kahakai Trail Study and Environmental Impact

Statement’’, dated January 1998.

(B) MAP.—A map generally depicting the trail shall be on

file and available for public inspection in the Office of the

National Park Service, Department of the Interior.

(C) ADMINISTRATION.—The trail shall be administered by

the Secretary of the Interior.

(D) LAND ACQUISITION.—No land or interest in land outside the exterior boundaries of any federally administered

area may be acquired by the United States for the trail ex-
11

cept with the consent of the owner of the land or interest

in land.

(E) PUBLIC PARTICIPATION; CONSULTATION.—The Secretary of the Interior shall— (i) encourage communities and owners of land along

the trail, native Hawaiians, and volunteer groups to

participate in the planning, development, and maintenance of the trail; and

(ii) consult with affected Federal, State, and local

agencies, native Hawaiian groups, and landowners in

the administration of the trail.

(23) The American Discovery Trail, a trail of approximately

6,000 miles extending from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, extending

westward through Delaware, Maryland, the District of Columbia, West Virginia, Ohio, and Kentucky, where near Cincinnati

it splits into two routes. The Northern Midwest route traverses

Ohio, Indiana, Illinois, Iowa, Nebraska, and Colorado, and the

Southern Midwest route traverses Indiana, Illinois, Missouri,

Kansas, and Colorado. After the two routes rejoin in Denver,

Colorado, the route continues through Colorado, Utah, Nevada,

and California. The trail is generally described in Volume 2 of

the National Park Service feasibility study dated June 1995

which shall be on file and available for public inspection in the

office of the Director of the National Park Service, Department

of the Interior, the District of Columbia. The American Discovery Trail shall be administered by the Secretary of the Interior in cooperation with at least one competent trailwide volunteer-based organization and other affected federal land managing agencies, and state and local governments, as appropriate. No lands or interests outside the exterior boundaries of

federally administered areas may be acquired by the Federal

Government solely for the American Discovery Trail. The provisions of sections 7(e), 7(f), 7(g) shall not apply to the American

Discovery Trail.’’.

(b) The Secretary of the Interior, through the agency most likely

to administer such trail, and the Secretary of Agriculture where

lands administered by him are involved, shall make such additional studies as are herein or may hereafter be authorized by the

Congress for the purpose of determining the feasibility and desirability of designating other trails as national scenic or ønational

historic¿ national historic, and national discovery trails. Such studies shall be made in consultation with the heads of other Federal

agencies administering lands through which such additional proposed trails would pass and in cooperation with interested interstate, State, and local governmental agencies, public and private

organizations, and landowners and land users concerned. The feasibility of designating a trail shall be determined on the basis of an

evaluation of whether or not it is physically possible to develop a

trail along a route being studied, and whether the development of

a trail would be financially feasible. The studies listed in subsection (c) of this section shall be completed and submitted to the

Congress, with recommendations as to the suitability of trail designation, not later than three complete fiscal years from the date

of enactment of their addition to this subsection, or from the date
12

of enactment of this sentence, whichever is later. Such studies,

when submitted, shall be printed as a House or Senate document,

and shall include, but not limited to:

* * * * * * *

(3) the characteristics which, in the judgment of the appropriate Secretary, make the proposed trail worthy of designation

as a national scenic or ønational historic¿ national historic or

national discovery trail; and in the case of national historic

trails the report shall include the recommendation of the Secretary of the Interior’s National Park System Advisory Board

as to the national historic significance based on the criteria developed under the Historic Sites Act of 1935 (49 Stat. 666; 16

U.S.C. 461);

* * * * * * *

(12) For purposes of subsection (b), a trail shall not be considered feasible and desirable for designation as a national discovery trail unless it meets all of the following criteria:

(A) The trail must link one or more areas within the

boundaries of a metropolitan area (as those boundaries are

determined under section 134(c) of title 23, United States

Code). It should also join with other trails, connecting the

National Trails System to significant recreation and resource areas.

(B) The trail must be supported by at least one competent

trailwide volunteer-based organization. Each trail should

have extensive local and trailwide support by the public, by

user groups, and by affected State and local governments.

(C) The trail must be extended and pass through more

than one State. At a minimum, it should be a continuous,

walkable route.

(13) The appropriate Secretary for each national discovery

trail shall administer the trail in cooperation with at least one

competent trailwide volunteer-based organization. Where the

designation of a discovery trail is aligned with other units of

the National Trails System, or State or local trails, the designation of a discovery trail shall not affected the protections or authorities provided for the other trail or trails, nor shall the designation of a discovery trail diminish the values and significance for which those trails were established.

* * * * * * *

(g) Within three complete fiscal years after the date of enactment

of any law designating a national discovery trail, the appropriate

Secretary shall submit a comprehensive plan for the protection,

management, development, and use of the trail to the Committee on

Resources of the United States House of Representatives and the

Committee on Energy and Natural Resources of the United States

Senate. The responsible Secretary shall ensure that the comprehensive plan for the entire trail does not conflict with existing agency

direction and shall consult with the affected land managing agencies, the Governors of the affected States, affected county and local

political jurisdictions, and local organizations maintaining components of the trail. Components of the comprehensive plan include—
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(1) policies and practices to be observed in the administration

and management of the trail, including the identification of all

significant natural, historical, and cultural resources to be preserved, model agreements necessary for joint trail administration among and between interested parties, and an identified

carrying capacity for critical segments of the trail and a plan

for their implementation where appropriate;

(2) general and site-specific trail-related development including anticipated costs; and

(3) the process to be followed by the volunteer-based organization, in cooperation with the appropriate Secretary, to implement the trail marking authorities in section 7(c) conforming to

approved trail logo or emblem requirements. Nothing in this

Act may be construed to impose or permit the imposition of any

landowner on the use of any non federal lands without the consent of the owner thereof. Neither the designation of a National

Discovery Train nor any plan relating thereto shall affect or be

considered in the granting or denial of a right of way or any

conditions relating thereto.

* * * * * * *

SEC. 7 (a)(2) Pursuant to section 5(a), the appropriate Secretary

shall select the rights-of-way for national scenic and ønational historic¿ national historic, and national discovery trails and shall publish notice of the availability of appropriate maps or descriptions in

the Federal Register: Provided, That in selecting the rights-of-way

full consideration shall be given to minimizing the adverse effects

upon the adjacent landowner or user and his operation. Development and management of each segment of the National Trails System shall be designed to harmonize with and complement any established multiple-use plans for that specific area in order to insure

continued maximum benefits from the land. The location and width

of such right-of-way across Federal lands under the jurisdiction of

another Federal agency shall be by agreement between the head of

that agency and the appropriate Secretary. In selecting rights-ofway for trail purposes the Secretary shall obtain the advice and assistance of the States, local governments, private organizations and

landowners and land users concerned.

(b) After publication of notice of the availability of appropriate

maps or descriptions in the Federal Register, the Secretary charged

with the administration of a national scenic or ønational historic¿

national historic or national discovery trail may relocate segments

of a national scenic or ønational historic¿ national historic or national discovery trail right-of-way, with the concurrence of the head

of the Federal agency having jurisdiction over the lands involved,

upon a determination that: (i) Such a relocation is necessary to preserve the purposes for which the trail was established, or (ii) the

relocation is necessary to promote a sound land management program in accordance with established multiple-use principles: Provided, That a substantial relocation of the rights-of-way for such

trails shall be by Act of Congress.

(c) National øscenic or national historic¿ scenic, national historic,

or national discovery trails may contain campsites, shelters, and related-public-use facilities. Other uses along the trail, which will not

substantially interfere with the nature and purpose of the trail,

may be permitted by the Secretary charged with the administra-
14

tion of the trail. Reasonable efforts shall be made to provide sufficient access opportunities to such trails and, to the extent practicable, efforts shall be made to avoid activities incompatible with

the purposes for which such trails were established. The use of motorized vehicles by the general public along any national scenic

trail shall be prohibited and nothing in this Act shall be construed

as authorizing the use of motorized vehicles within the natural and

historical areas of the national park system, the national wildlife

refuge system, the national wilderness preservation system where

they are presently prohibited or on other Federal lands where

trails are designated as being closed to such use by the appropriate

Secretary: Provided, That the Secretary charged with the administration of such trail shall establish regulations which shall authorize the use of motorized vehicles when, in his judgment, such vehicles are necessary to meet emergencies or to enable adjacent landowners or land users to have reasonable access to their lands or

timber rights: Provided further, That private lands included in the

national recreation, national øscenic, or national historic¿ scenic,

national historic, or national discovery trails by cooperative agreement of a landowner shall not preclude such owner from using motorized vehicles on or across such trails or adjacent land from time

to time in accordance with regulations to be established by the appropriate Secretary. Where a ønational historic¿ national historic

and national discovery trail follows existing public roads, developed

rights-of-way or waterways, and similar features of man’s non-historically related development, approximating the original location

of a historic route, such segments may be marked to facilitate

retracement of the historic route, and where a ønational historic¿

national historic, and national discovery trail parallels an existing

public road, such road may be marked to commemorate the historic

route. Other uses along the historic trails and the Continental Divide National Scenic Trail, which will not substantially interfere

with the nature and purposes of the trail, and which at the time

of designation, are allowed by administrative regulations, including

the use of motorized vehicles, shall be permitted by the Secretary

charged with the administration of the trail. The Secretary of the

Interior and the Secretary of Agriculture, in consultation with appropriate governmental agencies and public and private organizations, shall establish a uniform marker, including thereon an appropriate and distinctive symbol for each national recreation, national øscenic, and national historic¿ scenic, national historic, or

national discovery trail. Where the trails cross lands administered

by Federal agencies such markers shall be erected at appropriate

points along the trail in accordance with standards established by

the appropriate Secretary and where the trails cross non-Federal

lands, in accordance with written cooperative agreements, the appropriate Secretary shall provide such uniform markers to cooperating agencies and shall require such agencies to erect and maintain them in accordance with the standards established. The appropriate Secretary may also provide for trail interpretation sites,

which shall be located at historic sites along the route of any national øscenic or national historic¿ scenic, national historic, or national discovery trail, in order to present information to the public

about the trail, at the lowest possible cost, with emphasis on the

portion of the trail passing through the State in which the site is
15

located. Wherever possible, the sites shall be maintained by a State

agency under a cooperative agreement between the appropriate

Secretary and the State agency.

(d) Within the exterior boundaries of areas under their administration that are included in the right-of-way selected for a national

recreation, national scenic, or ønational historic¿ national historic,

or national discovery trail, the heads of Federal agencies may use

lands for trail purposes and may acquire lands or interests in lands

by written cooperative agreement, donation, purchase without donated or appropriated fund or exchange.

(e) Where the lands included in a national scenic or ønational

historic¿ national historic, or national discovery trail right-of-way

are outside of the exterior boundaries of federally administered

areas, the Secretary charged with the administration of such trail

shall encourage the States or local governments involved (1) to

enter into written cooperative agreements with landowners, private

organizations, and individuals to provide the necessary trail rightof-way, or (2) to acquire such lands or interests therein to be utilized as segments of the national scenic or ønational historic¿ national historic, or national discovery trail: Provided, That if the

State of local governments fail to enter into such written cooperative agreements or to acquire such lands or interests therein after

notice of the selection of the right-of-way is published, the appropriate Secretary may (i) enter into such agreements with landowners, States local governments, private organizations, and individuals for the use of lands for trail purposes, or (ii) acquire private

lands or interests therein by donation, purchase with donated or

appropriated funds or exchange in accordance with the provisions

of subsection (f) of this section: Provided further, That the appropriate Secretary may acquire lands or interests therein from local

governments or governmental corporations with the consent of such

entities. The lands involved in such rights-of-way should be acquired in fee, if other methods of public control are not sufficient

to assure their use for the purpose for which they are acquired:

Provided, That if the Secretary charged with the administration of

such trail permanently relocates the right-of-way and disposes of

all title or interest in the land, the original owner, or his heirs or

assigns, shall be offered by notice given at the former owner’s last

known address, the right of first refusal at their fair market price.

* * * * * * *

(f)(2) In acquiring lands or interest therein for a øNational Scenic

or Historic Trail¿ national scenic, historic, or discovery trail, the

appropriate Secretary may, with consent of a landowner, acquire

whole tracts notwithstanding the parts of such tracts may lie outside the area of trail acquisition. In furtherance of the purposes of

this Act, lands so acquired outside the area of trail acquisition may

be exchanged for any non-Federal lands or interests therein within

the trail right-of-way, or disposed of in accordance with such procedures or regulations as the appropriate Secretary shall prescribe,

including: (1) provisions for conveyance of such acquired lands or

interests therein at not less than fair market value to the highest

bidder, and (ii) provisions for allowing the last owners of record a

right to purchase said acquired lands or interests therein upon payment or agreement to pay an amount equal to the highest bid

price. For lands designated for exchange or disposal, the appro-
16

priate Secretary may convey these lands with any reservations or

covenants deemed desirable to further the purposes of this Act. The

proceeds from any disposal shall be credited to the appropriation

bearing the cost of land acquisition for the affected trail.

* * * * * * *

(h)(1) The Secretary charged with the administration of a national recreation, national scenic, or ønational historic¿ national

historic or national discovery trail shall provide for the development and maintenance of such trails within federally administered

areas and shall cooperate with and encourage the States to operate, develop, and maintain portions of such trails which are located

outside the boundaries of federally administered areas. When

deemed to be in the public interest, such Secretary may enter into

written cooperative agreements with the States or their political

subdivisions, landowners, private organizations, or individuals to

operate, develop, and maintain any portion of such a trail either

within or outside a federally administered area. Such agreements

may include provisions for limited financial assistance to encourage

participation in the acquisition, protection, operation, development,

or maintenance of such trails, provisions providing volunteers in

the park or volunteers in the forest status (in accordance with the

Volunteers in the Parks Act of 1969 and the Volunteers in the Forests Act of 1972) to individuals, private organizations, or landowners participating in such activities, or provisions of both types.

The appropriate Secretary shall also initiate consultations with affected States and their political subdivisions to encourage.

(i) The appropriate Secretary, with the concurrence of the heads

of any other Federal agencies administering lands through which

a national recreation, national scenic, or ønational historic¿ national historic, or national discovery trail passes, and after consultation with the States, local governments, and organizations

concerned, may issue regulations, which may be revised from time

to time, governing the use, protection, management, development,

and administration of trails of the national trails system. In order

to maintain good conduct on and along the trails located within

federally administered areas and to provide for the proper government and protection of such trails, the Secretary of the Interior and

the Secretary of Agriculture shall prescribe and publish such uniform regulations as they deem necessary and any person who violates such regulations shall be guilty of a misdemeanor, and may

be punished by a fine of not more than $500, or by imprisonment

not exceeding six months, or by both such fine and imprisonment.

The Secretary responsible for the administration of any segment of

any component of the National Trails System, (as determined in a

manner consistent with sub section (a)(1) of this section) may also

utilize authorities related to units of the national park system or

the national forest system, as the case may be, in carrying out his

administrative responsibilities for such component.

Æ