99–006

107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–506

TO DESIGNATE AND PROVIDE FOR THE MANAGEMENT OF 

THE JAMES V. HANSEN SHOSHONE NATIONAL TRAIL, 

AND FOR OTHER PURPOSES

JUNE 12, 2002.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. HANSEN, from the Committee on Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 3936] 

[Including cost estimate of the Congressional Budget Office]

The Committee on Resources, to whom was referred the bill 

(H.R. 3936) To designate and provide for the management of the 

Shoshone National Recreation Trail, and for other purposes, having 

considered the same, report favorably thereon with amendments 

and recommend that the bill as amended do pass. 

The amendments are as follows: 

Strike all after the enacting clause and insert the following:

SECTION 1. SHOSHONE NATIONAL TRAIL. 

(a) DEFINITIONS.—For the purposes of this section, the following definitions shall 

apply: 

(1) APPROPRIATE SECRETARY.—The term ‘‘appropriate Secretary’’ means—

(A) the Secretary of Agriculture when referring to land under the jurisdiction of that Secretary; and 

(B) the Secretary of the Interior when referring to any land except that 

under the jurisdiction of the Secretary of Agriculture. 

(2) MAP.—The term ‘‘Map’’ means the map entitled ‘‘ll’’ and dated ll. 

(3) TRAIL.—The term ‘‘Trail’’ means the system of trails designated in subsection (b) as the James V. Hansen Shoshone National Trail. 

(b) DESIGNATION.—The trails that are open to motorized use pursuant to applicable Federal and State law and are depicted on the Map as the Shoshone National 

Trail are hereby designated as the ‘‘James V. Hansen Shoshone National Trail’’. 

(c) MANAGEMENT.—

(1) IN GENERAL.—Except as otherwise provided in this Act, the appropriate 

Secretary shall manage the Trail consistent with the requirements of a national 

recreation trail in accordance with—

(A) the National Trails System Act (16 U.S.C. 1241 et seq.); and 

(B) other applicable laws and regulations for trails on Federal lands. 

(2) COOPERATION; AGREEMENTS.—The Secretary of the Interior and the Secretary of Agriculture shall cooperate with the State of Utah Department of NatVerDate jun 06 2002 01:10 Jun 14, 2002 Jkt 099006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6621 E:\HR\OC\HR506.XXX pfrm15 PsN: HR506
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ural Resources and appropriate county governments in managing the Trail. The 

appropriate Secretary shall make every reasonable effort to enter into cooperative agreements with the State of Utah Department of Natural Resources and 

appropriate county governments (separately, collectively, or in an any combination, as agreed by the parties) for management of the Trail. 

(3) PRIMARY PURPOSE.—The primary purpose of this Act is to provide recreational trail opportunities for motorized vehicle use on the Trail. The Trail 

shall be managed in a manner that is consistent with this purpose, ensures user 

safety, and minimizes user conflicts. 

(4) ADDITION OF TRAILS.—

(A) IN GENERAL.—The appropriate Secretary may add trails to the Trail 

in accordance with the National Trails System Act. 

(B) REQUIREMENT FOR ADDITION OF TRAILS ON NON-FEDERAL LAND.—If a 

trail to be added to the Trail is located on non-Federal land, the appropriate 

Secretary may add the trail only if the owner of the land upon which the 

trail is located has—

(i) consented to the addition of the trail to the Trail; and 

(ii) entered into an agreement with the appropriate Secretary for 

management of the additional trail in a manner that is consistent with 

this Act. 

(5) NOTICE OF OPEN ROUTES.—The Secretary of the Interior and the Secretary 

of Agriculture shall ensure that the public is adequately informed regarding the 

routes open for the Trail, including by appropriate signage along the Trail. 

(d) NO EFFECT ON NON-FEDERAL LAND AND INTERESTS IN LAND.—Nothing in this 

section shall be construed to affect ownership, management, or other rights related 

to any non-Federal land or interests in land, except as provided in an agreement 

related to that land entered into by the landowner under subsection (c)(4)(B)(ii). 

(e) ACQUISITION OF LAND AND INTERESTS IN LAND.—The appropriate Secretary 

may acquire land and interests in land for the purposes of the Trail only from willing owners. 

(f) MAP ON FILE; UPDATED.—The Map shall be—

(1) kept on file at the appropriate offices of the Secretary of the Interior and 

the Secretary of Agriculture; and 

(2) updated by the appropriate Secretary whenever trails are added to the 

Trail. 

(g) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated 

such sums as are necessary to carry out this Act.

Amend the title so as to read:

A bill to designate and provide for the management of the James V. Hansen 

Shoshone National Trail, and for other purposes.

PURPOSE OF THE BILL

The purpose of H.R. 3936, as ordered reported, is to designate 

and provide for the management of the James V. Hansen Shoshone 

National Trail, and for other purposes. 

BACKGROUND AND NEED FOR LEGISLATION

As the number of registered off-highway vehicles (OHV, also 

known as off-road vehicles) continues to increase dramatically in 

Utah and other Western States with vast tracts of public land, the 

identification and establishment of appropriate places to ride on 

those public lands in an environmentally sound way has not kept 

pace. 

Under H.R. 3936, approximately 337 miles of existing trails currently open for motorized uses on National Forest and Bureau of 

Land Management (BLM) lands within the Northern Utah counties 

of Cache, Box Elder, Rich and Weber, would be recognized as the 

James V. Hansen Shoshone National Trail. It would authorize the 

Department of Agriculture and Department of Interior to enter into 

cooperative agreements with the State of Utah for the trails’ continued management and development. 

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The legislation would further allow the Departments to designate 

future additions consistent with the requirements of the National 

Trail System Act, and would facilitate the development of local access points to the trail across private, city or county lands leading 

ultimately to a fully interconnected system of trails. 

Finally, the legislation directs that the public be adequately informed through maps, signage and other appropriate means, the locations of trails and their acceptable uses. 

COMMITTEE ACTION

H.R. 3936 was introduced on March 12, 2002, by Congressman 

James V. Hansen (R–UT) and referred to the Committee on Resources. On March 15, 2002, the bill was referred within the Committee to the Subcommittee on National Parks, Recreation, and 

Public Lands and the Subcommittee on Forests and Forest Health. 

On March 16, 2002, the Subcommittee on National Parks, Recreation and Public Lands held a hearing on the bill. On May 22, 

2002, the Full Committee met to consider the bill. The Subcommittee on National Parks, Recreation, and Public Lands and 

the Subcommittee on Forests and Forest Health were discharged 

from further consideration of the bill by unanimous consent. 

Mr. Hansen offered an amendment in the nature of a substitute 

to: (1) change the name of the trail to the Shoshone National Trail; 

(2) clarify that the bill will designate as part of the system of trails 

only those that are already open to motorized use; (3) clarify that 

while the primary purpose of the trail system will be to facilitate 

motorized trail opportunities, that the trail will also be managed 

to ensure public safety and to minimize user conflicts; and to (4) 

ensure that the public will be adequately informed regarding the 

trails that are open. The amendment was adopted by unanimous 

consent. 

Mr. Rahall then offered an en bloc amendment to change the 

name of the trail to the James V. Hansen Shoshone National Trail. 

It was adopted by unanimous consent and the bill, as amended, 

was then ordered favorably reported to the House of Representatives by unanimous consent. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on Resources’ oversight findings and recommendations are reflected in 

the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 and Article IV, section 3 of the Constitution 

of the United States grant Congress the authority to enact this bill. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill preVerDate jun 06 2002 01:10 Jun 14, 2002 Jkt 099006 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\HR506.XXX pfrm15 PsN: HR506
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pared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues. According to the 

Congressional Budget Office, the cost of implementing this legislation is estimated to be less than $500,000 per year. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill, as ordered reported, is to designate and provide for the 

management of the James V. Hansen Shoshone National Trail, and 

for other purposes. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office:

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, June 5, 2002. 

Hon. JAMES V. HANSEN, 

Chairman, Committee on Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3936, a bill to designate 

and provide for the management of the James V. Hansen Shoshone 

National Trail. 

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

to provide them. The CBO staff contacts are Megan Carroll (for federal costs) and Marjorie Miller (for the state and local impact). 

Sincerely, 

STEVEN M. LIEBERMAN

(For Dan L. Crippen, Director). 

Enclosure. 

H.R. 3936—A bill to designate and provide for the management of 

the James V. Hansen Shoshone National Trail, and for other 

purposes 

CBO estimates that implementing H.R. 3936 would have no significant impact on the federal budget. The bill would not affect direct spending or receipts; therefore, pay-as-you-go procedures 

would not apply. 

H.R. 3936 would designate the James V. Hansen Shoshone National Trail on about 337 miles of existing trails within the 

Wasatch-Cache National Forest and adjacent federal lands located 

in Utah. The bill would direct the Secretary of Agriculture and the 

Secretary of the Interior to manage the proposed trail for recreational purposes in cooperation with local governments and 

Utah’s Department of Natural Resources. The bill would permit the 

secretaries to acquire privately owned lands and interests from 

willing sellers and to expand the trail to include other federal and 

nonfederal lands. 

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According to the Forest Service, the trails that would be designated under H.R. 3936 already are managed for purposes similar 

to those outlined in the bill. Based on information from the agency, 

CBO estimates that any increase in federal spending to administer 

those trails or to acquire nonfederal lands or interests under H.R. 

3936 would be less than $500,000 a year, assuming the availability 

of appropriated funds. 

H.R. 3936 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. The state of 

Utah and some country governments in that state could incur some 

costs if they chose to participate in managing the trail designated 

by this bill. Any such costs would be voluntary. 

The CBO staff contacts for this estimate are Megan Carroll (for 

federal costs) and Marjorie Miller (for the state and local impact). 

This estimate was approved by Peter H. Fontaine, Deputy Assistant Director for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law.

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