II

107TH CONGRESS

1ST SESSION S. 1069

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

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’’.

6 SEC. 2. FINDINGS.

7 The Congress finds the following:
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1 (1) In spite of commendable efforts by State

2 and local governments and private volunteer trail

3 groups to develop, operate, and maintain the na4 tional scenic and national historic trails designated

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

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

7 progress towards developing and completing the

8 trails is slower than anticipated.

9 (2) Nine of the twelve national scenic and his10 toric trails designated between 1978 and 1986 are

11 subject to restrictions totally excluding Federal au12 thority for land acquisition outside the exterior

13 boundaries of any federally administered area.

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

15 Congress, acquisition authority to secure necessary

16 rights-of-way and historic sites and segments, lim17 ited to acquisition from willing sellers only, and spe18 cifically excluding the use of condemnation, should

19 be extended to the Secretary of the Federal depart20 ment administering these trails.

21 SEC. 3. SENSE OF THE CONGRESS REGARDING MULTI22 JURISDICTIONAL AUTHORITY OVER THE NA23 TIONAL TRAILS SYSTEM.

24 It is the sense of the Congress that in order to ad25 dress the problems involving multijurisdictional authority
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1 over the National Trails System, the Secretary of the Fed2 eral department with jurisdiction over a national scenic

3 or historic trail should—

4 (1) cooperate with appropriate officials of each

5 State and political subdivisions of each State in

6 which the trail is located and private persons with

7 an interest in the trail to pursue the development of

8 the trail; and

9 (2) be granted sufficient authority to purchase

10 lands and interests in lands from willing sellers that

11 are critical to the completion of the trail.

12 SEC. 4. AUTHORITY TO ACQUIRE LANDS FROM WILLING

13 SELLERS FOR CERTAIN TRAILS OF THE NA14 TIONAL TRAILS SYSTEM ACT.

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

16 and interests in lands for the nine components of the Na17 tional Trails System affected by the amendments made by

18 subsection (b) shall only be acquired by the Federal Gov19 ernment from willing sellers.

20 (b) LIMITED ACQUISITION AUTHORITY.—

21 (1) OREGON NATIONAL HISTORIC TRAIL.—

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

23 System Act (16 U.S.C. 1244(a)) is amended by add24 ing at the end the following new sentence: ‘‘No lands

25 or interests therein outside the exterior boundaries
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1 of any federally administered area may be acquired

2 by the Federal Government for the trail except with

3 the consent of the owner thereof.’’.

4 (2) MORMON PIONEER NATIONAL HISTORIC

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

6 by adding at the end the following new sentence:

7 ‘‘No lands or interests therein outside the exterior

8 boundaries of any federally administered area may

9 be acquired by the Federal Government for the trail

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

11 (3) CONTINENTAL DIVIDE NATIONAL SCENIC

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

13 by adding at the end the following new sentence:

14 ‘‘No lands or interests therein outside the exterior

15 boundaries of any federally administered area may

16 be acquired by the Federal Government for the trail

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

18 (4) LEWIS AND CLARK NATIONAL HISTORIC

19 TRAIL.—Paragraph (6) 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.’’.
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1 (5) IDITAROD NATIONAL HISTORIC TRAIL.—

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

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

4 interests therein outside the exterior boundaries of

5 any federally administered area may be acquired by

6 the Federal Government for the trail except with the

7 consent of the owner thereof.’’.

8 (6) NORTH COUNTRY NATIONAL SCENIC

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

10 by adding at the end the following new sentence:

11 ‘‘No lands or interests therein outside the exterior

12 boundaries of any federally administered area may

13 be acquired by the Federal Government for the trail

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

15 (7) ICE AGE NATIONAL SCENIC TRAIL.—Para16 graph (10) of such section is amended by adding at

17 the end the following new sentence: ‘‘No lands or in18 terests therein outside the exterior boundaries of any

19 federally administered area may be acquired by the

20 Federal Government for the trail except with the

21 consent of the owner thereof.’’.

22 (8) POTOMAC HERITAGE NATIONAL SCENIC

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

24 in the fourth sentence by inserting before the period
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1 the following: ‘‘except with the consent of the owner

2 thereof.’’.

3 (9) NEZ PERCE NATIONAL HISTORIC TRAIL.—

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

5 fourth sentence by inserting before the period the

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

7 thereof.’’.

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

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

10 amended by adding at the end the following new sub11 section:

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

13 Federal Government fails to make payment in accordance

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

15 for one of the national scenic or historic trails designated

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

17 available to the seller under all applicable law, including

18 electing to void the sale.’’.

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

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

21 amended—

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

23 (2) by striking ‘‘(2) Except’’ and inserting ‘‘Ex24 cept’’.

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