IB 

Union Calendar No. 410 

117TH CONGRESS 

2D SESSION H. R. 2512 

[Report No. 117–569] 

To amend the National Trails System Act to designate the Chisholm National 

Historic Trail and the Western National Historic Trail, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 14, 2021 

Mr. ESTES (for himself, Mr. MANN, Mr. LATURNER, Mr. COLE, and Mr. 

LUCAS) introduced the following bill; which was referred to the Committee on Natural Resources 

NOVEMBER 16, 2022 

Additional sponsor: Ms. DAVIDS of Kansas 

NOVEMBER 16, 2022 

Reported from the Committee on Natural Resources; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 


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A BILL 

To amend the National Trails System Act to designate the 

Chisholm National Historic Trail and the Western National Historic Trail, and for other purposes. 


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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 ‘‘Chisholm National 

5 Historic Trail and Western National Historic Trail Des6 ignation Act’’. 

7 SEC. 2. DESIGNATION OF THE CHISHOLM NATIONAL HIS8 TORIC TRAIL AND THE WESTERN NATIONAL 

9 HISTORIC TRAIL. 

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

11 U.S.C. 1244(a)) is amended by adding at the end the fol12 lowing: 

13 ‘‘(l) CHISHOLM NATIONAL HISTORIC TRAIL; 

14 WESTERN NATIONAL HISTORIC TRAIL.— 

15 ‘‘(A) ESTABLISHMENT.— 

16 ‘‘(i) CHISHOLM NATIONAL HISTORIC

17 TRAIL.—The Chisholm National Historic 

18 Trail, a trail most heavily used by ranchers 

19 and drovers to move cattle to market be20 tween 1867 and 1884, extending along a 

21 route of approximately 1,378 miles from 

22 Kingsville, Texas, through Cuero and San 

23 Antonio, Texas, northward through Okla24 homa to Abilene, Kansas, as generally de25 picted on the maps numbered 1 through 6 


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1 contained in the report prepared by the 

2 National Park Service entitled ‘Chisholm 

3 and Great Western National Historic Trail 

4 Feasibility Study/Environmental Assess5 ment’ and dated May 2019. 

6 ‘‘(ii) WESTERN NATIONAL HISTORIC

7 TRAIL.—The Western National Historic 

8 Trail, a trail most heavily used by ranchers 

9 and drovers to move cattle to market be10 tween 1874 and 1897, extending along a 

11 route of approximately 1,350 miles from 

12 Kingsville, Texas, northward through Okla13 homa and Dodge City, Kansas, to Ogallala, 

14 Nebraska, as generally depicted on the 

15 maps numbered 1 through 6 contained in 

16 the report prepared by the National Park 

17 Service entitled ‘Chisholm and Great West18 ern National Historic Trail Feasibility 

19 Study/Environmental Assessment’ and 

20 dated May 2019. 

21 ‘‘(B) AVAILABILITY OF MAP.—The maps 

22 described in subparagraph (A) shall be on file 

23 and available for public inspection in the appro24 priate offices of the Department of the Interior. 

25 ‘‘(C) ADMINISTRATION.— 


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1 ‘‘(i) IN GENERAL.—The Secretary of 

2 the Interior shall administer the trails es3 tablished by subparagraph (A) as a single 

4 administrative unit. 

5 ‘‘(ii) ADMINISTRATION OF PORTIONS

6 OF TRAIL ON NON-FEDERAL LAND.— 

7 ‘‘(I) REQUIREMENTS FOR ADMIN8 ISTRATION.—The Secretary of the In9 terior shall administer any portion of 

10 a trail established by subparagraph 

11 (A) that is located on non-Federal 

12 land only— 

13 ‘‘(aa) with the voluntary 

14 consent of the owner of the non15 Federal land; and 

16 ‘‘(bb) if the portion qualifies 

17 for certification as a component 

18 of the applicable trail, consistent 

19 with section 3(a)(3). 

20 ‘‘(II) CERTIFICATION AGREE21 MENT.— 

22 ‘‘(aa) IN GENERAL.—The 

23 approval by an owner of applica24 ble non-Federal land of a certifi25 cation agreement shall satisfy the 


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1 consent requirements of sub2 clause (I)(aa). 

3 ‘‘(bb) TERMINATION.—A 

4 certification agreement referred 

5 to in item (aa) may be termi6 nated at any time. 

7 ‘‘(iii) ACCESS TO PRIVATE PROP8 ERTY.—The establishment of a trail by 

9 subparagraph (A) does not authorize any 

10 person to enter private property without 

11 the consent of the owner of the private 

12 property. 

13 ‘‘(iv) RECOGNITION OF ALTERNATIVE

14 NAMES FOR TRAILS.—In referring to a 

15 trail established by subparagraph (A) in 

16 maps and other documents, the Secretary 

17 of the Interior may acknowledge and use 

18 any alternative name that was historically 

19 used to reference the trail, including the 

20 ‘Great Western Trail’. 

21 ‘‘(D) LAND ACQUISITION.— 

22 ‘‘(i) DONATION.—The Secretary of 

23 the Interior may accept a donation of land 

24 or an interest in land for a trail estab25 lished by subparagraph (A). 


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1 ‘‘(ii) LIMITATION.—The Secretary of 

2 the Interior may not acquire for a trail es3 tablished by subparagraph (A) any land or 

4 interest in land— 

5 ‘‘(I) that is located outside the 

6 exterior boundary of any federally 

7 managed area without the consent of 

8 the owner of the land or interest in 

9 land; or 

10 ‘‘(II) that extends more than an 

average of 1 11 ⁄4 of a mile on either side 

12 of a trail established by subparagraph 

13 (A). 

14 ‘‘(E) EFFECT ON ENERGY DEVELOPMENT, 

15 PRODUCTION, OR TRANSMISSION.—Nothing in 

16 this paragraph, the acquisition of land or an in17 terest in land authorized by this paragraph, or 

18 any management plan for a trail established by 

19 subparagraph (A) prohibits, hinders, or dis20 rupts the development, production, or trans21 mission of energy. 

22 ‘‘(F) NO BUFFER ZONES.— 

23 ‘‘(i) IN GENERAL.—Nothing in this 

24 paragraph, the acquisition of land or an in25 terest in land authorized by this paraVerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.RH H2512

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1 graph, or any management plan for a trail 

2 established by subparagraph (A) creates a 

3 buffer zone. 

4 ‘‘(ii) OUTSIDE ACTIVITIES.—The fact 

5 that an activity or use on land outside a 

6 trail established by subparagraph (A) can 

7 be seen, heard, or detected from the appli8 cable trail, including from any land or in9 terest in land acquired for the applicable 

10 trail, shall not preclude, limit, control, reg11 ulate, or determine the conduct or manage12 ment of the activity or use outside the ap13 plicable trail. 

14 ‘‘(G) NO EMINENT DOMAIN OR CONDEMNA15 TION.—Land or an interest in land may not be 

16 acquired for a trail established by subparagraph 

17 (A) by eminent domain or condemnation. 

18 ‘‘(H) INVENTORY OF SITES; ADMINISTRA19 TIVE COSTS.—The Secretary of the Interior 

20 shall be responsible for— 

21 ‘‘(i) the costs of any inventory to iden22 tify and define potential sites and seg23 ments for inclusion in a trail established by 

24 subparagraph (A); and 


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1 ‘‘(ii) any other applicable administra2 tive costs relating to a trail established by 

3 that subparagraph. 

4 ‘‘(I) NOT A DESIGNATION OF ‘LANDS IN

5 THE NATIONAL PARK SYSTEM’.—Notwith6 standing any other provision of law, the estab7 lishment of a trail by subparagraph (A) shall 

8 not have the effect of designating the trail or 

9 any land on which the trail is located as ‘lands 

10 in the National Park System’ for purposes of 

11 section 28(b)(1) of the Mineral Leasing Act (30 

12 U.S.C. 185(b)(1)). 

13 ‘‘(J) NO NEW AUTHORITIES OR PER14 MITS.— 

15 ‘‘(i) NO EFFECT ON AUTHORITY TO

16 GRANT EASEMENTS OR RIGHTS-OF-WAY.— 

17 ‘‘(I) IN GENERAL.—Notwith18 standing any other provision of law, 

19 the establishment of a trail by sub20 paragraph (A) shall not alter or affect 

21 the existing authority of any Federal, 

22 State, or local agency or official to 

23 grant easements or rights-of-way over, 

24 under, across, or along any portion of 

25 the trail. 


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1 ‘‘(II) AUTHORITY OF HEADS OF

2 FEDERAL AGENCIES TO GRANTS EASE3 MENTS OR RIGHTS-OF-WAY.—Notwith4 standing the establishment of a trail 

5 by subparagraph (A), the head of any 

6 Federal agency having jurisdiction 

7 over any Federal land on which the 

8 trail is located (other than land that 

9 is considered to be ‘lands in the Na10 tional Park System’ for purposes of 

11 section 28(b)(1) of the Mineral Leas12 ing Act (30 U.S.C. 185(b)(1)) as a re13 sult of an establishment under any 

14 other law), shall have the authority to 

15 grant easements or rights-of-way over, 

16 under, across, or along any applicable 

17 portion of the trail in accordance with 

18 the laws applicable to the Federal 

19 land. 

20 ‘‘(ii) NO NEW PERMITS REQUIRED.— 

21 Notwithstanding any other provision of 

22 law, the establishment of a trail by sub23 paragraph (A) shall not subject the trail or 

24 any land on which the trail is located to 

25 any other Federal laws (including regulaVerDate Sep 11 2014 23:05 Nov 16, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2512.RH H2512

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1 tions) requiring a Federal permit or au2 thorization that would otherwise be made 

3 applicable as a result of the establishment 

4 of the trail as a component of the National 

5 Trails System.’’. 


pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 410 

117TH CONGRESS 

2D SESSION H. R. 2512 

[Report No. 117–569] 

A BILL 

To amend the National Trails System Act to desother purposes. the Western National Historic Trail, and for ignate the Chisholm National Historic Trail and 

NOVEMBER 16, 2022 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


pamtmann on DSKBC07HB2PROD with BILLS