II 

118TH CONGRESS 

2D SESSION S. 4775 

To enhance the preservation, maintenance, and management of national 

historic trails and national scenic trails, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 25, 2024 

Mr. KAINE (for himself and Mr. TILLIS) introduced the following bill; which 

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

Resources 

A BILL 

To enhance the preservation, maintenance, and management 

of national historic trails and national scenic trails, 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 ‘‘Appalachian Trail Cen5 tennial Act’’. 

6 SEC. 2. CONGRESSIONAL DECLARATION OF POLICY. 

7 Congress declares that— 

8 (1) the large landscape conservation work relat9 ing to national historic trails and national scenic 


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1 trails is built on partnership, collaboration, and com2 munity engagement; 

3 (2) national historic trails and national scenic 

4 trails— 

5 (A) are landscape conservation tools; and 

6 (B) are federally designated areas, but 

7 may include portions of non-Federal land under 

8 the National Trails System Act (16 U.S.C. 

9 1241 et seq.); 

10 (3) national historic trails and national scenic 

11 trails are intended to be developed and protected 

12 over time, collaboratively and cooperatively, to fur13 ther the purposes of the National Trails System Act 

14 (16 U.S.C. 1241 et seq.); 

15 (4) the Appalachian National Scenic Trail, 1 of 

16 the first 2 components of the National Trails Sys17 tem— 

18 (A) is a realm of natural, scenic, historical, 

19 and cultural wonder available to all; and 

20 (B) is a model for cooperative stewardship 

21 (historically known as ‘‘cooperative manage22 ment’’) in the National Trails System; 

23 (5) the centennial of the Appalachian National 

24 Scenic Trail in 2025 is an opportunity to strengthen 

25 the precepts of the cooperative management model— 


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1 (A) pioneered on the Appalachian National 

2 Scenic Trail; and 

3 (B) to be replicated as appropriate 

4 throughout the National Trails System; 

5 (6) the development of the Appalachian Na6 tional Scenic Trail is in large part due to the efforts 

7 of volunteer organizations (commonly referred to as 

8 ‘‘Appalachian Trail Maintaining Clubs’’) that— 

9 (A) directly or through subdivisions or sub10 sidiary organizations, have coordinated the par11 ticipation of tens of thousands of volunteers for 

12 the planning, construction, development, and 

13 stewardship of the Appalachian National Scenic 

14 Trail, which inspired the establishment of the 

15 National Trails System; and 

16 (B) are the expert, dispersed corps of vol17 unteers who provide much of the day-to-day co18 operative operation of the Appalachian National 

19 Scenic Trail; 

20 (7) there are inherently governmental functions 

21 referred to in the National Trails System Act (16 

22 U.S.C. 1241 et seq.) relating to administration of 

23 national historic trails and national scenic trails, 

24 which is distinct from management and operation of 

25 those trails; 


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1 (8) the Federal Government is responsible for 

2 administration and, where the United States is the 

3 landowner, management of national historic trails 

4 and national scenic trails cooperatively stewarded 

5 under this Act, while sharing, to the extent the Sec6 retary concerned determines to be practicable, oper7 ational responsibilities for those trails with Des8 ignated Operational Partners and other cooperating 

9 individuals and entities pursuant to cooperative 

10 agreements; 

11 (9) operation of a national historic trail or na12 tional scenic trail does not require land management 

13 authority over the land on which the national his14 toric trail or national scenic trail is located; and 

15 (10) it is the policy of the Federal Government 

16 that national historic trails and national scenic 

17 trails— 

18 (A) are conservation units managed and 

19 operated in partnership with State and non20 governmental entities; and 

21 (B) while administered by Federal agen22 cies, are intended to be cooperatively developed 

23 with non-Federal governmental and nongovern24 mental partners. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATION.—The term ‘‘administra4 tion’’, with respect to a covered trail, means the 

5 roles and responsibilities that— 

6 (A) are charged to the Secretary con7 cerned, as described in section 7(a) of the Na8 tional Trails System Act (16 U.S.C. 1246(a)), 

9 with respect to the covered trail; and 

10 (B) may not be shared with any other indi11 vidual or entity. 

12 (2) COMPREHENSIVE PLAN.—The term ‘‘com13 prehensive plan’’ means a comprehensive plan for a 

14 covered trail submitted under subsection (e) or (f) of 

15 section 5 of the National Trails System Act (16 

16 U.S.C. 1244). 

17 (3) COOPERATIVE MANAGEMENT.—The term 

18 ‘‘cooperative management’’, with respect to a cov19 ered trail, means the negotiated division of roles and 

20 responsibilities relating to the stewardship and devel21 opment of the covered trail that are— 

22 (A) permissible under law; and 

23 (B) within the categories of— 

24 (i) administration; 

25 (ii) management; and 

26 (iii) operation. 


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1 (4) COOPERATIVE MANAGEMENT SYSTEM.—The 

2 term ‘‘cooperative management system’’, with re3 spect to a covered trail, means the negotiated man4 agement structure for cooperative management of 

5 the covered trail, including— 

6 (A) Federal and State trust resource man7 agers; 

8 (B) Tribal governments; 

9 (C) nongovernmental organizations; and 

10 (D) volunteers organized by entities de11 scribed in subparagraphs (A) through (C). 

12 (5) COVERED TRAIL.—The term ‘‘covered trail’’ 

13 means a national historic trail or national scenic 

14 trail designated by section 5(a) of the National 

15 Trails System Act (16 U.S.C. 1244(a)). 

16 (6) DESIGNATED OPERATIONAL PARTNER.— 

17 The term ‘‘Designated Operational Partner’’, with 

18 respect to a covered trail, means the entity des19 ignated for the covered trail under paragraph (1) or 

20 (2) of section 4(a). 

21 (7) GATEWAY COMMUNITY.—The term ‘‘gate22 way community’’ means a municipality or unincor23 porated settlement in the vicinity of a covered trail. 

24 (8) MANAGEMENT.—The term ‘‘management’’, 

25 with respect to a covered trail, means the roles as 


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1 responsibilities under applicable law of the owner of 

2 the land, or any interest in land, on which the cov3 ered trail is located with respect to the covered trail. 

4 (9) OPERATION.— 

5 (A) IN GENERAL.—The term ‘‘operation’’, 

6 with respect to a covered trail, means any activ7 ity permissible under law that— 

8 (i) is carried out on land on which the 

9 covered trail is located pursuant to a coop10 erative agreement; 

11 (ii) is not an activity of administra12 tion; and 

13 (iii) does not infringe on any manage14 ment or ownership authority of the appli15 cable land manager, if the land manager is 

16 not the individual or entity carrying out 

17 the activity. 

18 (B) INCLUSIONS.—The term ‘‘operation’’ 

19 includes— 

20 (i) acquisition of land for a covered 

21 trail; 

22 (ii) construction and maintenance of a 

23 facility or other improvement on, across, or 

24 along a covered trail; 


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1 (iii) the provision of services for a cov2 ered trail; 

3 (iv) conceptual development of a cov4 ered trail; 

5 (v) maintenance of the treadway of a 

6 covered trail; 

7 (vi) conducting a research project re8 lating to a covered trail; 

9 (vii) the provision to volunteers of 

10 education and training relating to methods 

11 of planning for, construction of, and main12 tenance of a covered trail; and 

13 (viii) the stewardship of natural, cul14 tural, or other resources associated with a 

15 covered trail. 

16 (10) PROPOSED PRIORITY LIST.—The term 

17 ‘‘proposed priority list’’ means a proposed priority 

18 list for a covered trail developed under section 

19 4(f)(1). 

20 (11) SECRETARY.—The term ‘‘Secretary’’ 

21 means the Secretary of the Interior. 

22 (12) SECRETARY CONCERNED.—The term 

23 ‘‘Secretary concerned’’ means— 

24 (A) the Secretary, with respect to a cov25 ered trail administered by the Secretary; and 


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1 (B) the Secretary of Agriculture, with re2 spect to a covered trail administered by the 

3 Secretary of Agriculture. 

4 (13) VOLUNTEER ORGANIZATION.—The term 

5 ‘‘volunteer organization’’ means an entity that co6 ordinates the participation of individuals in the oper7 ation of a covered trail, whether directly or through 

8 a subdivision or subsidiary organization. 

9 SEC. 4. ESTABLISHING DESIGNATED OPERATIONAL PART10 NERS FOR NATIONAL HISTORIC TRAILS AND 

11 NATIONAL SCENIC TRAILS. 

12 (a) DESIGNATION.— 

13 (1) APPALACHIAN TRAIL CONSERVANCY.—Not 

14 later than 1 year after the date of enactment of this 

15 Act, the Secretary concerned shall designate the Ap16 palachian Trail Conservancy as the Designated 

17 Operational Partner for the Appalachian National 

18 Scenic Trail. 

19 (2) ADDITIONAL DESIGNATIONS.— 

20 (A) IN GENERAL.—In addition to the des21 ignation under paragraph (1), the Secretary 

22 concerned may designate an eligible entity de23 scribed in subparagraph (B) to serve as the 

24 Designated Operational Partner for any other 

25 covered trail. 


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1 (B) DESCRIPTION OF ELIGIBLE ENTI2 TIES.—An eligible entity referred to in subpara3 graph (A) is an organization, institution, cor4 poration, or other entity that, as determined by 

5 the Secretary concerned— 

6 (i) is described in section 501(c) of 

7 the Internal Revenue Code of 1986 and ex8 empt from tax under section 501(a) of that 

9 Code; 

10 (ii) has demonstrated experience in 

11 the operation, maintenance, and preserva12 tion of the resources of the covered trail, 

13 regardless of whether the experience was 

14 before or after the designation of the cov15 ered trail under the National Trails Sys16 tem Act (16 U.S.C. 1241 et seq.); 

17 (iii) has a plan for providing, facili18 tating, and coordinating the services of vol19 unteers to contribute to the stewardship of 

20 the covered trail; 

21 (iv) has a record, including through a 

22 predecessor organization, of engagement 

23 with the establishment, management, 

24 maintenance, or operation of the covered 

25 trail; 


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1 (v) adheres to reasonable financial, 

2 accounting, and risk management prac3 tices; 

4 (vi) adheres to applicable require5 ments of Federal agreements, grants, and 

6 contracts; and 

7 (vii) would not supplant a volunteer 

8 organization already serving a substantial 

9 operational role trail-wide or across a sig10 nificant portion of the covered trail unless 

11 the Secretary concerned has determined 

12 that the lead management partner has 

13 failed to perform its responsibilities as 

14 agreed to or assigned under a management 

15 agreement with respect to the covered trail. 

16 (C) QUALIFICATIONS.— 

17 (i) IN GENERAL.—An eligible entity 

18 designated as a Designated Operational 

19 Partner under subparagraph (A) shall be 

20 considered to possesses unique expertise, 

21 location capacity, cost-sharing ability, or 

22 other unique qualities relevant to the des23 ignation as a Designated Operational Part24 ner for the covered trail. 


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1 (ii) PRESENT-FUNDED ACTIVITY.— 

2 Designation of a Designated Operational 

3 Partner for a covered trail shall be consid4 ered to be a continuation or completion of 

5 a present-funded activity. 

6 (3) RESCISSION.—The Secretary concerned 

7 may rescind the designation of an eligible entity as 

8 a Designated Operational Partner under paragraph 

9 (2) if the Secretary concerned determines that the 

10 eligible entity has ceased to meet 1 or more of the 

11 criteria described in subparagraph (B) of that para12 graph. 

13 (b) COOPERATION IN OPERATION.— 

14 (1) IN GENERAL.—The Secretary concerned 

15 may, subject to such terms and conditions as the 

16 Secretary concerned considers to be appropriate, 

17 enter into a cooperative agreement with a Des18 ignated Operational Partner for a covered trail to 

19 provide for the operation of the covered trail. 

20 (2) REQUIREMENTS AND AUTHORITIES.—A co21 operative agreement under paragraph (1)— 

22 (A) shall be for a term of not more than 

23 20 years; 

24 (B) shall be for the purpose of facilitating 

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1 cable covered trail under the cooperative man2 agement system of the covered trail; and 

3 (C) may allow for sharing of responsibil4 ities between the Designated Operational Part5 ner and other entities. 

6 (3) AUTHORIZED ACTIVITIES.—Notwith7 standing any other provision of law, the Secretary 

8 concerned may, through a cooperative agreement 

9 under paragraph (1)— 

10 (A) provide financial assistance to the Des11 ignated Operational Partner for the purpose of 

12 carrying out cooperative management activities, 

13 in accordance with section 7 or 11 of the Na14 tional Trails System Act (16 U.S.C. 1246, 

15 1250), for the purpose of— 

16 (i) providing stewardship for, pre17 serving, conserving, or restoring— 

18 (I) the natural resources of the 

19 covered trail; 

20 (II) the historical and cultural re21 sources of the covered trail; 

22 (III) the scenic resources of the 

23 covered trail; or 

24 (IV) the recreational resources of 

25 the covered trail; 


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1 (ii) providing stewardship for, devel2 oping, constructing, or maintaining facili3 ties associated with the covered trail, in4 cluding maintaining the treadway of a cov5 ered trail; 

6 (iii) developing, delivering, or acquir7 ing educational materials or public commu8 nications regarding the covered trail, in9 cluding maps and guides to facilitate use 

10 of the covered trail; or 

11 (iv) conducting activities to facilitate 

12 appropriate usage of the covered trail; 

13 (B) carry out cooperative management ac14 tivities for the covered trail; and 

15 (C) provide goods or services to, or receive 

16 funds, goods, or services from, a Designated 

17 Operational Partner. 

18 (4) SURPLUS PERSONAL PROPERTY.—Notwith19 standing sections 541 through 559 of title 40, 

20 United States Code, a Federal agency may dispose 

21 of surplus personal property by transferring the 

22 property to a Designated Operational Partner, to be 

23 used by the Designated Operational Partner for pur24 poses of carrying out a cooperative agreement under 

25 paragraph (1), subject to the requirement that the 


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1 cooperative agreement shall prohibit the Designated 

2 Operational Partner, or any subsidiary or subdivi3 sion of the Designated Operational Partner, from— 

4 (A) using the transferred property for pur5 poses other than carrying out the duties and 

6 authorities of the Designated Operational Part7 ner under the cooperative agreement; or 

8 (B) transferring the transferred property 

9 to a recipient that is not a part of the coopera10 tive management system of the covered trail. 

11 (5) ADDITIONAL RESOURCES.—A Designated 

12 Operational Partner may seek and accept funds, 

13 property, or services from individuals, foundations, 

14 corporations, and other private and public entities— 

15 (A) to carry out a cooperative agreement 

16 under paragraph (1); or 

17 (B) for related purposes. 

18 (6) COOPERATIVE AGREEMENT.—A cooperative 

19 agreement under paragraph (1)— 

20 (A) shall be considered to be a cooperative 

21 agreement under chapter 63 of title 31, United 

22 States Code; and 

23 (B) in accordance with the assignment of 

24 responsibilities for the administration, manage25 ment, and operation of the covered trail, may 


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1 be a multilateral agreement among the Des2 ignated Operational Partner, the Secretary, and 

3 the Secretary of Agriculture, as applicable. 

4 (c) PROACTIVE COOPERATIVE MANAGEMENT CON5 SULTATION.—The Secretary concerned shall proactively 

6 engage Designated Operational Partners in considering 

7 management actions that may affect efforts to fulfill the 

8 nature and purposes of a covered trail, as described in the 

9 comprehensive plan for the covered trail— 

10 (1) to determine the overall potential impact of 

11 the administration and management actions on the 

12 covered trail; 

13 (2) to develop alternatives or opportunities to 

14 avoid or mitigate undesirable impacts of administra15 tion and management actions on the covered trail; 

16 and 

17 (3) to use trail information to develop plans 

18 that achieve the desired management outcome for 

19 the covered trail. 

20 (d) PROTECTION OF PROPERTY RIGHTS.— 

21 (1) IN GENERAL.—If the Designated Oper22 ational Partner for a covered trail becomes aware of 

23 an allegation of trespass or other infringement or 

24 violation of a property right held by the Federal 

25 Government that adversely affects the identified culVerDate Sep 11 2014 04:34 Aug 21, 2024 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S4775.IS S4775

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1 tural, natural, scenic, recreational, or historical re2 sources of the covered trail, the Designated Oper3 ational Partner may submit to the Secretary con4 cerned and the United States Attorney for the Fed5 eral district court in which the alleged violation oc6 curred a written request— 

7 (A) to investigate the allegation; and 

8 (B) to enforce the rights of the United 

9 States by preventing, reducing, mitigating, or 

10 remediating the adverse effects of the alleged 

11 violation. 

12 (2) NOTICE.— 

13 (A) IN GENERAL.—A request under para14 graph (1) shall include, to the maximum extent 

15 practicable, detailed information relating to the 

16 alleged trespass, infringement, or violation, in17 cluding— 

18 (i) the nature, location, duration, and 

19 known identity of any alleged offender; 

20 (ii) any efforts carried out to address 

21 the alleged violation; 

22 (iii) any impacts of the alleged viola23 tion on the applicable covered trail or re24 sources of the covered trail; and 

25 (iv) any requested remedy. 


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1 (B) SUBMISSION REQUIREMENTS.—A re2 quest under paragraph (1) shall be— 

3 (i) submitted to the Secretary con4 cerned and appropriate United States At5 torney by— 

6 (I) electronic means; or 

7 (II) delivery to the address on 

8 file for official correspondence; and 

9 (ii) clearly identified as a ‘‘Designated 

10 Operational Partner Request for Redress’’. 

11 (C) SIGNATURES.—A request under para12 graph (1) may be signed by— 

13 (i) the applicable Designated Oper14 ational Partner; and 

15 (ii) any other entity operating under a 

16 cooperative or other agreement to support 

17 the cooperative management system of the 

18 applicable covered trail. 

19 (3) RESPONSE.— 

20 (A) ASSESSMENT.—Not later than 60 days 

21 after the date on which a request is submitted 

22 under paragraph (1), the Secretary shall submit 

23 to the United States Attorney for the Federal 

24 district court in which the applicable alleged 

25 trespass, infringement, or violation occurred 


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1 and the Designated Operational Partner an as2 sessment of the alleged violation. 

3 (B) ADDITIONAL INFORMATION FROM DES4 IGNATED OPERATIONAL PARTNER.—Not later 

5 than 30 days after the date on which the Des6 ignated Operational Partner receives an assess7 ment under subparagraph (A), the Designated 

8 Operational Partner may provide to the Sec9 retary concerned and the relevant United States 

10 Attorney additional information relating to the 

11 alleged violation. 

12 (C) RESPONSE FROM UNITED STATES AT13 TORNEY.—Not later than 150 days after the 

14 date on which a request is submitted to a 

15 United States Attorney under paragraph (1), or 

16 not later than 60 days after the date on which 

17 a Designated Operational Partner provides ad18 ditional information under subparagraph (B) to 

19 the United States Attorney, if applicable, the 

20 United States Attorney shall submit to the Sec21 retary concerned and the Designated Oper22 ational Partner information regarding whether 

23 the United States Attorney is pursuing redress 

24 for the alleged violation. 


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1 (4) LITIGATION COSTS.—In issuing any final 

2 order in an action brought under this subsection, the 

3 relevant Federal district court may award to a Des4 ignated Operational Partner the costs of litigation 

5 (including reasonable attorney and expert witness 

6 fees) if the Designated Operational Partner is a pre7 vailing or substantially prevailing party in the ac8 tion, as the court determines to be appropriate. 

9 (5) EFFECT.—Nothing in this subsection— 

10 (A) limits any cause of action that the 

11 Federal Government may have under any other 

12 law; 

13 (B) obligates— 

14 (i) a Designated Operational Partner 

15 to participate, or to present claims or de16 fenses, in any civil action relating to the 

17 property rights of the Federal Government; 

18 or 

19 (ii) the Federal Government to par20 ticipate, or to present claims or defenses, 

21 in any civil action relating to the property 

22 rights of the Designated Operational Part23 ner; or 

24 (C) makes— 


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1 (i) a Designated Operational Partner 

2 a necessary party in any action relating to 

3 the property rights of the Federal Govern4 ment; or 

5 (ii) the Federal Government a nec6 essary party in any action relating to the 

7 property rights of the Designated Oper8 ational Partner. 

9 (e) VOLUNTEER SERVICES.— 

10 (1) CONSIDERATIONS.—In establishing and car11 rying out any policy relating to volunteers for a cov12 ered trail, the Secretary and the Secretary of Agri13 culture shall consider the volunteer coordination 

14 needs and practices of the applicable Designated 

15 Operational Partner and associated nongovern16 mental organizations engaged in the cooperative 

17 management of the covered trail through the cooper18 ative management system of the covered trail. 

19 (2) PROACTIVE COOPERATIVE MANAGEMENT

20 REQUIRED.—Before establishing or modifying a pol21 icy described in paragraph (1), the Secretary con22 cerned shall— 

23 (A) consult with any Designated Oper24 ational Partner engaged in operation of a cov25 ered trail; and 


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1 (B) take into account any considerations 

2 required under that paragraph. 

3 (f) LAND AND RESOURCE PRESERVATION PROPOSED

4 PRIORITY LISTS.— 

5 (1) IN GENERAL.—Each Designated Oper6 ational Partner shall periodically develop and submit 

7 to the Secretary concerned and the heads of any 

8 other appropriate Federal land management agen9 cies a proposed priority list for land and resource 

10 protection for the applicable covered trail. 

11 (2) APPLICABLE LAW.—A proposed priority list 

12 shall be considered to advance the planning and de13 velopment of the applicable covered trail in accord14 ance with section 2(c) of the National Trails System 

15 Act (16 U.S.C. 1241(c)). 

16 (3) CONTENTS.—A Designated Operational 

17 Partner shall include on a proposed priority list— 

18 (A) the location and current ownership of 

19 each parcel of land identified for inclusion in 

20 the applicable covered trail; 

21 (B) the desired nature of ownership of 

22 each parcel of land identified for inclusion in 

23 the covered trail, including as a partial or fee 

24 ownership; 


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1 (C) the name of the owner of each identi2 fied parcel of land; 

3 (D) a description of the benefit to the cov4 ered trail in the preservation of scenic, rec5 reational, historical, natural, or cultural values 

6 for which the covered trail was designated; and 

7 (E) the name of any nongovernmental 

8 partner committed to advancing the protection 

9 of parcels of land identified on the proposed 

10 priority list for inclusion in the covered trail. 

11 (4) INPUT; CRITERIA.—In developing a pro12 posed priority list, a Designated Operational Partner 

13 shall— 

14 (A) solicit input from a variety of govern15 mental, nongovernmental, Federal, and State 

16 partners, the scope of which shall be limited to 

17 a landscape or physiographic region agreed to 

18 by the Designated Operational Partner and the 

19 Secretary concerned; and 

20 (B) establish criteria to prioritize land and 

21 resource protection recommendations included 

22 on the proposed priority list. 

23 (5) USE OF FEDERAL FUNDS.— 

24 (A) IN GENERAL.—In using Federal funds 

25 to protect land for a covered trail— 


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1 (i) the Secretary concerned shall 

2 prioritize the use of funds for land identi3 fied for Federal protection in the applica4 ble proposed priority list, except to the ex5 tent that the Secretary concerned deter6 mines, based on considerations set forth in 

7 the National Trails System Act (16 U.S.C. 

8 1241 et seq.) and the comprehensive plan 

9 for the covered trail, and subject to sub10 paragraph (B), that— 

11 (I) a parcel of land included on 

12 the proposed priority list should not 

13 be prioritized; or 

14 (II) a parcel of land not included 

15 on the proposed priority list should be 

16 prioritized instead of a parcel of land 

17 included on the proposed priority list; 

18 and 

19 (ii) a State shall incorporate land 

20 identified for State protection in the appli21 cable land and resource conservation plan 

22 of the State, as appropriate, in accordance 

23 with State law. 

24 (B) NOTICE.—If the Secretary concerned 

25 determines under subparagraph (A)(i) that a 


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1 parcel of land included on the proposed priority 

2 list should not be prioritized or that a parcel of 

3 land not included on the proposed priority list 

4 should be prioritized instead of a parcel of land 

5 included on the proposed priority list, the Sec6 retary concerned shall submit to the Designated 

7 Operational Partner notice of the determina8 tion, including a detailed explanation of the rea9 son for the determination. 

10 (6) REPORTS.—Not less frequently than once 

11 every 5 years, the Secretaries concerned shall submit 

12 to Congress a report that describes any progress or 

13 lack of progress of the Secretaries concerned with 

14 respect to advancing land and resource conservation 

15 objectives under proposed priority lists. 

16 (7) AUTHORIZATION OF APPROPRIATIONS.— 

17 There are authorized to be appropriated to each of 

18 the Secretary and the Secretary of Agriculture such 

19 sums as are necessary to carry out planning activi20 ties relating to the development or updating of pro21 posed priority lists under this subsection. 

22 (g) OTHER AGREEMENTS.—The Secretary concerned 

23 may enter into agreements with 1 or more entities that 

24 are not Designated Operational Partners, in accordance 

25 with the applicable procedures of the Department of the 


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1 Interior or the Department of Agriculture, as applicable, 

2 and consistent with the National Trails System Act (16 

3 U.S.C. 1241 et seq.)— 

4 (1) to provide services with respect to a covered 

5 trail that are not provided by the Designated Oper6 ational Partner; or 

7 (2) to advance partnerships for a covered trail 

8 to strengthen volunteer engagement and cooperative 

9 management, consistent with the comprehensive plan 

10 for the applicable covered trail. 

11 (h) EXEMPTION FROM FACA.—Chapter 10 of title 

12 5, United States Code, shall not apply to a Designated 

13 Operational Partner or any committee established before, 

14 on, or after the date of enactment of this Act for purposes 

15 of a cooperative management system. 

16 (i) COMPREHENSIVE PLANS.— 

17 (1) IN GENERAL.—Notwithstanding subsections 

18 (e) and (f) of section 5 of the National Trails Sys19 tem Act (16 U.S.C. 1244), a Designated Operational 

20 Partner may accept or reject— 

21 (A) a proposed comprehensive plan for the 

22 applicable covered trail; and 

23 (B) any amendments or revisions to the 

24 comprehensive plan for the applicable covered 

25 trail. 


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1 (2) REGULATIONS.—In accordance with section 

2 7(i) of the National Trails System Act (16 U.S.C. 

3 1246(i)), the Secretary and the Secretary of Agri4 culture shall jointly promulgate regulations estab5 lishing procedures for resolving disputes with respect 

6 to the rejection of a comprehensive plan under para7 graph (1). 

8 (3) REPORT.—If a comprehensive plan rejected 

9 by a Designated Operational Partner under para10 graph (1) is subsequently submitted to Congress, the 

11 Secretary concerned shall submit to the appropriate 

12 committees of Congress a report that describes the 

13 basis for the submission of the rejected comprehen14 sive plan by the Secretary concerned. 

15 SEC. 5. IMPROVING COVERED TRAIL PLANNING AND DE16 VELOPMENT. 

17 (a) VISITATION ASSESSMENT.— 

18 (1) IN GENERAL.—Not later than 2 years after 

19 the date of enactment of this Act, the Secretary and 

20 the Secretary of Agriculture shall identify 1 or more 

21 methods to assess visitation on covered trails. 

22 (2) CONSULTATION REQUIRED.—For purposes 

23 of identifying methods under paragraph (1), the Sec24 retary and the Secretary of Agriculture shall consult 


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1 with a variety of land managers and cooperative 

2 management partners for covered trails, including— 

3 (A) in the Department of Agriculture, the 

4 Chief of the Forest Service and the Under Sec5 retary for Rural Development; 

6 (B) in the Department of the Interior, rep7 resentatives from the National Park Service, 

8 the Bureau of Land Management, and the 

9 United States Fish and Wildlife Service; 

10 (C) representatives from State agencies 

11 participating in cooperative management sys12 tems; 

13 (D) representatives from gateway commu14 nities and tourism boards that support covered 

15 trails, such as through agency and nongovern16 mental partnerships; 

17 (E) representatives from the Federal High18 way Administration; 

19 (F) representatives from the Interagency 

20 Council on the National Trails System; 

21 (G) Designated Operational Partners; and 

22 (H) other nongovernmental cooperative 

23 management partners for covered trails. 

24 (3) REPORT.— 


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1 (A) IN GENERAL.—Not later than 5 years 

2 after the date on which methods are identified 

3 under paragraph (1), and not less frequently 

4 than once every 5 years thereafter, the Sec5 retary and the Secretary of Agriculture shall 

6 make available to cooperative management 

7 partners of the applicable covered trail and the 

8 public a report describing the estimated visita9 tion at each covered trail for the period covered 

10 by the report. 

11 (B) CARRYING CAPACITY.— 

12 (i) IN GENERAL.—The carrying ca13 pacity of a covered trail that is subject to 

14 subsection (e) or (f) of section 5 of the Na15 tional Trails System Act (16 U.S.C. 1244) 

16 shall be considered to be the desired use 

17 conditions of the applicable covered trail, 

18 as determined in accordance with applica19 ble guidelines established by the Inter20 agency Council on Visitor Use Manage21 ment. 

22 (ii) REPORT.—The carrying capacity 

23 for a covered trail not described in clause 

24 (i) shall be determined using the visitation 

25 numbers for the applicable covered trail 


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1 identified by the Secretary or the Secretary 

2 of Agriculture in the initial report under 

3 subparagraph (A). 

4 (4) MONITORING.—The Secretary and the Sec5 retary of Agriculture, in cooperation with the Des6 ignated Operational Partner for a covered trail, if 

7 applicable, shall, on an ongoing basis, monitor— 

8 (A) the number of visitors to, and the 

9 character of visitor use of, each covered trail, 

10 using the 1 or more methods identified under 

11 paragraph (1); and 

12 (B) the effectiveness of management ac13 tions in achieving and maintaining desired con14 ditions for the covered trail. 

15 (b) ECONOMIC IMPACT ASSESSMENT.— 

16 (1) IN GENERAL.—Not later than 3 years after 

17 the date of enactment of this Act, and not less fre18 quently than once every 5 years thereafter, the Sec19 retary and the Secretary of Agriculture shall identify 

20 1 or more methods to assess the economic impact of 

21 covered trails on gateway communities. 

22 (2) REQUIREMENTS.—In identifying methods 

23 under paragraph (1), the Secretary and the Sec24 retary of Agriculture shall, to the maximum extent 

25 practicable— 


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1 (A) aggregate and extrapolate economic 

2 impact information from existing data, such as 

3 data from land units on which covered trails are 

4 located; 

5 (B) use State and county economic impact 

6 information; 

7 (C) partner with State and local govern8 ments; and 

9 (D) leverage the cooperative management 

10 systems of the covered trails and local and land11 scape-wide partnerships to obtain and process 

12 relevant information and report any relevant 

13 findings. 

14 (c) ADVANCING COVERED TRAIL PLANNING.— 

15 (1) FINDINGS.—Congress finds that— 

16 (A) the designation of a covered trail is the 

17 onset of the long-term development and plan18 ning for the covered trail, rather than the con19 clusion of those activities; and 

20 (B) the cultivation of partnerships, the ac21 quisition of land, including interests in land and 

22 land use agreements, the conduct of accessible 

23 and inclusive interpretation, and the develop24 ment of recreational facilities, as appropriate 

25 for covered trails, are needed to advance the 


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1 purposes of the National Trails System Act (16 

2 U.S.C. 1241 et seq.) to meet the ever-expand3 ing outdoor recreation needs of the United 

4 States. 

5 (2) REPORTS.—The Secretary and the Sec6 retary of Agriculture, acting jointly, shall submit to 

7 the Committee on Energy and Natural Resources of 

8 the Senate and the Committee on Natural Resources 

9 of the House of Representatives— 

10 (A) not later than 3 years after the date 

11 of enactment of this Act, a report that describes 

12 the successes and challenges in developing and 

13 planning covered trails; and 

14 (B) not later than 5 years after the date 

15 of enactment of this Act, a report that assesses 

16 the desired conditions and use of facilities on 

17 each covered trail with respect to— 

18 (i) visitor usage of specific segments 

19 or sites of the covered trail, including the 

20 extent to which visitors use the covered 

21 trail in groups of not fewer than 10 indi22 viduals; 

23 (ii) proposed priority segments or 

24 sites for additional facilities or protection 

25 of additional land or resources identified 


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1 by relevant cooperative management part2 ners, which shall be considered to be in3 cluded on a proposed priority list for the 

4 covered trail if the covered trail has an 

5 identified Designated Operational Partner; 

6 and 

7 (iii) any activities that the Secretary 

8 and the Secretary of Agriculture determine 

9 are necessary to advance the development 

10 of and planning for the covered trail con11 sistent with the model used for the Appa12 lachian National Scenic Trail. 

13 (3) COMMUNITY ENGAGEMENT.—In preparing 

14 the reports under paragraph (2), the Secretary and 

15 the Secretary of Agriculture shall consult with— 

16 (A) communities located in the vicinity of 

17 the proposed segments and sites described in 

18 paragraph (2)(B)(ii); 

19 (B) federally recognized Indian Tribes; 

20 (C) any Federal and State agencies that 

21 manage land traversed by covered trails; and 

22 (D) Designated Operational Partners and 

23 other cooperative management partners of cov24 ered trails. 


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1 (d) EXEMPTION FROM FACA.—Chapter 10 of title 

2 5, United States Code, shall not apply to any committee 

3 established before, on, or after the date of enactment of 

4 this Act to carry out activities under this section. 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary and 

7 the Secretary of Agriculture for each of fiscal years 2025 

8 through 2030— 

9 (1) such sums as are necessary— 

10 (A) to identify the methods under sub11 sections (a) and (b); and 

12 (B) to prepare the reports required under 

13 subsection (c); and 

14 (2) such sums as are necessary for the acquisi15 tion, construction, and development of facilities (in16 cluding the acquisition of land or interests in land) 

17 for covered trails. 

Æ 


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