```

[House Report 107-506]
[From the U.S. Government Publishing Office]

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 ``____'' 
        and dated ____.
          (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 Natural 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.
    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 prepared 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.
    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.

                                

```