I

107TH CONGRESS

1ST SESSION H. R. 834

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.

IN THE HOUSE OF REPRESENTATIVES

MARCH 1, 2001

Mr. MCINNIS (for himself, Mr. HEFLEY, Mr. SCHAFFER, Mr. TANCREDO, Mr.

UDALL of Colorado, Mr. POMBO, Mr. CANNON, Ms. BALDWIN, Mr. BARRETT of Wisconsin, Mr. BEREUTER, Mr. BOEHLERT, Mr. BROWN of

Ohio, Mr. DOOLITTLE, Mr. EHLERS, Mr. ENGLISH, Mr. HINCHEY, Mr.

HOUGHTON, Mr. KIND, Mr. OBEY, Mr. PETRI, and Mr. TRAFICANT) introduced the following bill; which was referred to the Committee on Resources

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Trails System

5 Willing Seller Act’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds the following:

3 (1) In spite of commendable efforts by State

4 and local governments and private volunteer trail

5 groups to develop, operate, and maintain the na6 tional scenic and national historic trails designated

7 by Act of Congress in section 5(a) of the National

8 Trails System Act (16 U.S.C. 1244(a)), the rate of

9 progress towards developing and completing the

10 trails is slower than anticipated.

11 (2) Nine of the twelve national scenic and his12 toric trails designated between 1978 and 1986 are

13 subject to restrictions totally excluding Federal au14 thority for land acquisition outside the exterior

15 boundaries of any federally administered area.

16 (3) To complete these nine trails as intended by

17 Congress, acquisition authority to secure necessary

18 rights-of-way and historic sites and segments, lim19 ited to acquisition from willing sellers only, and spe20 cifically excluding the use of condemnation, should

21 be extended to the Secretary of the Federal depart22 ment administering these trails.
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1 SEC. 3. SENSE OF THE CONGRESS REGARDING MULTI2 JURISDICTIONAL AUTHORITY OVER THE NA3 TIONAL TRAILS SYSTEM.

4 It is the sense of the Congress that in order to ad5 dress the problems involving multijurisdictional authority

6 over the National Trails System, the Secretary of the Fed7 eral department with jurisdiction over a national scenic

8 or historic trail should—

9 (1) cooperate with appropriate officials of each

10 State and political subdivisions of each State in

11 which the trail is located and private persons with

12 an interest in the trail to pursue the development of

13 the trail; and

14 (2) be granted sufficient authority to purchase

15 lands and interests in lands from willing sellers that

16 are critical to the completion of the trail.

17 SEC. 4. AUTHORITY TO ACQUIRE LANDS FROM WILLING

18 SELLERS FOR CERTAIN TRAILS OF THE NA19 TIONAL TRAILS SYSTEM ACT.

20 (a) INTENT.—It is the intent of Congress that lands

21 and interests in lands for the nine components of the Na22 tional Trails System affected by the amendments made by

23 subsection (b) shall only be acquired by the Federal Gov24 ernment from willing sellers.

25 (b) LIMITED ACQUISITION AUTHORITY.—
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1 (1) OREGON NATIONAL HISTORIC TRAIL.—

2 Paragraph (3) of section 5(a) of the National Trails

3 System Act (16 U.S.C. 1244(a)) is amended by add4 ing at the end the following new sentence: ‘‘No lands

5 or interests therein outside the exterior boundaries

6 of any federally administered area may be acquired

7 by the Federal Government for the trail except with

8 the consent of the owner thereof.’’.

9 (2) MORMON PIONEER NATIONAL HISTORIC

10 TRAIL.—Paragraph (4) of such section is amended

11 by adding at the end the following new sentence:

12 ‘‘No lands or interests therein outside the exterior

13 boundaries of any federally administered area may

14 be acquired by the Federal Government for the trail

15 except with the consent of the owner thereof.’’.

16 (3) CONTINENTAL DIVIDE NATIONAL SCENIC

17 TRAIL.—Paragraph (5) of such section is amended

18 by adding at the end the following new sentence:

19 ‘‘No lands or interests therein outside the exterior

20 boundaries of any federally administered area may

21 be acquired by the Federal Government for the trail

22 except with the consent of the owner thereof.’’.

23 (4) LEWIS AND CLARK NATIONAL HISTORIC

24 TRAIL.—Paragraph (6) of such section is amended

25 by adding at the end the following new sentence:
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1 ‘‘No lands or interests therein outside the exterior

2 boundaries of any federally administered area may

3 be acquired by the Federal Government for the trail

4 except with the consent of the owner thereof.’’.

5 (5) IDITAROD NATIONAL HISTORIC TRAIL.—

6 Paragraph (7) of such section is amended by adding

7 at the end the following new sentence: ‘‘No lands or

8 interests therein outside the exterior boundaries of

9 any federally administered area may be acquired by

10 the Federal Government for the trail except with the

11 consent of the owner thereof.’’.

12 (6) NORTH COUNTRY NATIONAL SCENIC

13 TRAIL.—Paragraph (8) of such section is amended

14 by adding at the end the following new sentence:

15 ‘‘No lands or interests therein outside the exterior

16 boundaries of any federally administered area may

17 be acquired by the Federal Government for the trail

18 except with the consent of the owner thereof.’’.

19 (7) ICE AGE NATIONAL SCENIC TRAIL.—Para20 graph (10) of such section is amended by adding at

21 the end the following new sentence: ‘‘No lands or in22 terests therein outside the exterior boundaries of any

23 federally administered area may be acquired by the

24 Federal Government for the trail except with the

25 consent of the owner thereof.’’.
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1 (8) POTOMAC HERITAGE NATIONAL SCENIC

2 TRAIL.—Paragraph (11) of such section is amended

3 in the fourth sentence by inserting before the period

4 the following: ‘‘except with the consent of the owner

5 thereof.’’.

6 (9) NEZ PERCE NATIONAL HISTORIC TRAIL.—

7 Paragraph (14) of such section is amended in the

8 fourth sentence by inserting before the period the

9 following: ‘‘except with the consent of the owner

10 thereof.’’.

11 (c) PROTECTION FOR WILLING SELLERS.—Section 7

12 of the National Trails System Act (16 U.S.C. 1246) is

13 amended by adding at the end the following new sub14 section:

15 ‘‘(l) PROTECTION FOR WILLING SELLERS.—If the

16 Federal Government fails to make payment in accordance

17 with a contract for the sale of land or an interest in land

18 for one of the national scenic or historic trails designated

19 by section 5(a), the seller may utilize any of the remedies

20 available to the seller under all applicable law, including

21 electing to void the sale.’’.

22 (d) CONFORMING AMENDMENT.—Section 10(c) of

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

24 amended—

25 (1) by striking paragraph (1); and
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1 (2) by striking ‘‘(2) Except’’ and inserting ‘‘Ex2 cept’’.

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