II

Calendar No. 595

107TH CONGRESS

2D SESSION S. 1069

[Report No. 107–276]

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 SENATE OF THE UNITED STATES

JUNE 20, 2001

Mr. LEVIN (for himself, Mr. KOHL, Mr. FEINGOLD, Mr. SCHUMER, Mr.

JOHNSON, and Ms. STABENOW) introduced the following bill; which was

read twice and referred to the Committee on Energy and Natural Resources

SEPTEMBER 12, 2002

Reported by Mr. BINGAMAN, with amendments

[Omit the part struck through and insert the part pritned in italic]

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,
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S 1069 RS

1 SECTION 1. SHORT TITLE.

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

3 Willing Seller Act’’.

4 SEC. 2. FINDINGS.

5 The Congress finds the following:

6 (1) In spite of commendable efforts by State

7 and local governments and private volunteer trail

8 groups to develop, operate, and maintain the na9 tional scenic and national historic trails designated

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

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

12 progress towards developing and completing the

13 trails is slower than anticipated.

14 (2) Nine of the twelve national scenic and his15 toric trails designated between 1978 and 1986 are

16 subject to restrictions totally excluding Federal au17 thority for land acquisition outside the exterior

18 boundaries of any federally administered area. area,

19 including the North Country National Scenic Trail,

20 the Ice Age National Scenic Trail, and the Potomac

21 Heritage National Scenic Trail.

22 (3) To complete these nine trails the North

23 Country National Scenic Trail, the Ice Age National

24 Scenic Trail, and the Potomac Heritage National

25 Scenic Trail as intended by Congress, acquisition

26 authority to secure necessary rights-of-way and his-
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1 toric sites and segments, limited to acquisition from

2 willing sellers only, and specifically excluding the use

3 of condemnation, should be extended to the Sec4 retary of the Federal department administering

5 these trails.

6 SEC. 3. SENSE OF THE CONGRESS REGARDING MULTI7 JURISDICTIONAL AUTHORITY OVER THE NA8 TIONAL TRAILS SYSTEM.

9 It is the sense of the Congress that in order to ad10 dress the problems involving multijurisdictional authority

11 over the National Trails System, the Secretary of the Fed12 eral department with jurisdiction over a national scenic

13 or historic trail should—

14 (1) cooperate with appropriate officials of each

15 State and political subdivisions of each State in

16 which the trail is located and private persons with

17 an interest in the trail to pursue the development of

18 the trail; and

19 (2) be granted sufficient authority to purchase

20 lands and interests in lands from willing sellers that

21 are critical to the completion of the trail.
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1 SEC. 4. AUTHORITY TO ACQUIRE LANDS FROM WILLING

2 SELLERS FOR CERTAIN TRAILS OF THE NA3 TIONAL TRAILS SYSTEM ACT.

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

5 and interests in lands for the nine components of the Na6 tional Trails System affected by the amendments made by

7 subsection (b) shall only be acquired by the Federal Gov8 ernment from willing sellers.

9 (b) LIMITED ACQUISITION AUTHORITY.—

10 (1) OREGON NATIONAL HISTORIC TRAIL.—

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

12 System Act (16 U.S.C. 1244(a)) is amended by add13 ing at the end the following new sentence: ‘‘No lands

14 or interests therein outside the exterior boundaries

15 of any federally administered area may be acquired

16 by the Federal Government for the trail except with

17 the consent of the owner thereof.’’.

18 (2) MORMON PIONEER NATIONAL HISTORIC

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

20 by adding at the end the following new sentence:

21 ‘‘No lands or interests therein outside the exterior

22 boundaries of any federally administered area may

23 be acquired by the Federal Government for the trail

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

25 (3) CONTINENTAL DIVIDE NATIONAL SCENIC

26 TRAIL.—Paragraph (5) of such section is amended
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1 by adding at the end the following new sentence:

2 ‘‘No lands or interests therein outside the exterior

3 boundaries of any federally administered area may

4 be acquired by the Federal Government for the trail

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

6 (4) LEWIS AND CLARK NATIONAL HISTORIC

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

8 by adding at the end the following new sentence:

9 ‘‘No lands or interests therein outside the exterior

10 boundaries of any federally administered area may

11 be acquired by the Federal Government for the trail

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

13 (5) IDITAROD NATIONAL HISTORIC TRAIL.—

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

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

16 interests therein outside the exterior boundaries of

17 any federally administered area may be acquired by

18 the Federal Government for the trail except with the

19 consent of the owner thereof.’’.

20 (6) NORTH COUNTRY NATIONAL SCENIC

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

22 by adding at the end the following new sentence:

23 ‘‘No lands or interests therein outside the exterior

24 boundaries of any federally administered area may
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1 be acquired by the Federal Government for the trail

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

3 (7) ICE AGE NATIONAL SCENIC TRAIL.—Para4 graph (10) of such section is amended by adding at

5 the end the following new sentence: ‘‘No lands or in6 terests therein outside the exterior boundaries of any

7 federally administered area may be acquired by the

8 Federal Government for the trail except with the

9 consent of the owner thereof.’’.

10 (8) POTOMAC HERITAGE NATIONAL SCENIC

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

12 in the fourth sentence by inserting before the period

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

14 thereof.’’.

15 (9) NEZ PERCE NATIONAL HISTORIC TRAIL.—

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

17 fourth sentence by inserting before the period the

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

19 thereof.’’.

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

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

22 amended by adding at the end the following new sub23 section:

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

25 Federal Government fails to make payment in accordance
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1 with a contract for the sale of land or an interest in land

2 for one of the national scenic or historic trails designated

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

4 available to the seller under all applicable law, including

5 electing to void the sale.’’.

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

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

8 amended—

9 (1) by striking paragraph (1); and

10 (2) by striking ‘‘(2) Except’’ and inserting ‘‘Ex11 cept’’.

12 (a) LIMITED ACQUISITION AUTHORITY.—

13 (1) NORTH COUNTRY NATIONAL SCENIC TRAIL.—

14 Section 5(a)(8) of the National Trails System Act (16

15 U.S.C. 1244(a)(8)) is amended by adding at the end:

16 ‘‘No lands or interests therein outside the exterior

17 boundaries of any federally administered area may be

18 acquired by the Federal Government for the trail ex19 cept with the consent of the owner thereof.’’.

20 (2) ICE AGE NATIONAL SCENIC TRAIL.—Section

21 5(a)(10) of the National Trails System Act (16 U.S.C.

22 1244(a)(10)) is amended by adding at the end: ‘‘No

23 lands or interests therein outside the exterior bound24 aries of any federally administered area may be ac-
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1 quired by the Federal Government for the trail except

2 with the consent of the owner thereof.’’.

3 (3) POTOMAC HERITAGE NATIONAL SCENIC

4 TRAIL.—Section 5(a)(11) of the National Trails Sys5 tem Act (16 U.S.C. 1244(a)(11)) is amended by add6 ing at the end: ‘‘No lands or interests therein outside

7 the exterior boundaries of any federally administered

8 area may be acquired by the Federal Government for

9 the trail except with the consent of the owner there10 of.’’.

11 (b) CONFORMING AMENDMENT.—Section 10(c)(1) of

12 the National Trails System Act (16 U.S.C. 1249(c)(1)) is

13 amended by striking ‘‘the North Country National Scenic

14 Trail, The Ice Age National Scenic Trail.

Calendar No. 595

107TH CONGRESS

2D SESSION S. 1069

[Report No. 107–276]

A BILL

To amend the National Trails System Act to clarify

Federal authority relating to land acquisitionfrom willing sellers for the majority of the trailsin the System, and for other purposes.

SEPTEMBER 12, 2002

Reported with amendments