II 

111TH CONGRESS 

1ST SESSION S. 189 

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 

JANUARY 8, 2009 

Mr. UDALL of Colorado 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 ‘‘National Trails System 

5 Willing Seller Act’’. 


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1 SEC. 2. AUTHORITY TO ACQUIRE LAND FROM WILLING 

2 SELLERS FOR CERTAIN TRAILS. 

3 (a) OREGON NATIONAL HISTORIC TRAIL.—Section 

4 5(a)(3) of the National Trails System Act (16 U.S.C. 

5 1244(a)(3)) is amended by adding at the end the fol6 lowing: ‘‘No land or interest in land outside the exterior 

7 boundaries of any federally administered area may be ac8 quired by the Federal Government for the trail except with 

9 the consent of the owner of the land or interest in land. 

10 The authority of the Federal Government to acquire fee 

11 title under this paragraph shall be limited to an average 

of not more than 1 12 ⁄4 mile on either side of the trail.’’. 

13 (b) MORMON PIONEER NATIONAL HISTORIC

14 TRAIL.—Section 5(a)(4) of the National Trails System 

15 Act (16 U.S.C. 1244(a)(4)) is amended by adding at the 

16 end the following: ‘‘No land or interest in land outside the 

17 exterior boundaries of any federally administered area 

18 may be acquired by the Federal Government for the trail 

19 except with the consent of the owner of the land or interest 

20 in land. The authority of the Federal Government to ac21 quire fee title under this paragraph shall be limited to an 

average of not more than 1 22 ⁄4 mile on either side of the 

23 trail.’’. 

24 (c) CONTINENTAL DIVIDE NATIONAL SCENIC

25 TRAIL.—Section 5(a)(5) of the National Trails System 

26 Act (16 U.S.C. 1244(a)(5)) is amended by adding at the 


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S 189 IS 

1 end the following: ‘‘No land or interest in land outside the 

2 exterior boundaries of any federally administered area 

3 may be acquired by the Federal Government for the trail 

4 except with the consent of the owner of the land or interest 

5 in land. The authority of the Federal Government to ac6 quire fee title under this paragraph shall be limited to an 

average of not more than 1 7 ⁄4 mile on either side of the 

8 trail.’’. 

9 (d) LEWIS AND CLARK NATIONAL HISTORIC

10 TRAIL.—Section 5(a)(6) of the National Trails System 

11 Act (16 U.S.C. 1244(a)(6)) is amended by adding at the 

12 end the following: ‘‘No land or interest in land outside the 

13 exterior boundaries of any federally administered area 

14 may be acquired by the Federal Government for the trail 

15 except with the consent of the owner of the land or interest 

16 in land. The authority of the Federal Government to ac17 quire fee title under this paragraph shall be limited to an 

average of not more than 1 18 ⁄4 mile on either side of the 

19 trail.’’. 

20 (e) IDITAROD NATIONAL HISTORIC TRAIL.—Section 

21 5(a)(7) of the National Trails System Act (16 U.S.C. 

22 1244(a)(7)) is amended by adding at the end the fol23 lowing: ‘‘No land or interest in land outside the exterior 

24 boundaries of any federally administered area may be ac25 quired by the Federal Government for the trail except with 


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S 189 IS 

1 the consent of the owner of the land or interest in land. 

2 The authority of the Federal Government to acquire fee 

3 title under this paragraph shall be limited to an average 

of not more than 1 4 ⁄4 mile on either side of the trail.’’. 

5 (f) NORTH COUNTRY NATIONAL SCENIC TRAIL.— 

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

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

8 following: ‘‘No land or interest in land outside the exterior 

9 boundaries of any federally administered area may be ac10 quired by the Federal Government for the trail except with 

11 the consent of the owner of the land or interest in land.’’. 

12 (g) ICE AGE NATIONAL SCENIC TRAIL.—Section 

13 5(a)(10) of the National Trails System Act (16 U.S.C. 

14 1244(a)(10)) is amended by adding at the end the fol15 lowing: ‘‘No land or interest in land outside the exterior 

16 boundaries of any federally administered area may be ac17 quired by the Federal Government for the trail except with 

18 the consent of the owner of the land or interest in land.’’. 

19 (h) POTOMAC HERITAGE NATIONAL SCENIC

20 TRAIL.—Section 5(a)(11) of the National Trails System 

21 Act (16 U.S.C. 1244(a)(11)) is amended— 

22 (1) by striking the fourth and fifth sentences; 

23 and 

24 (2) by adding at the end the following: ‘‘No 

25 land or interest in land outside the exterior boundVerDate Nov 24 2008 17:04 Jan 10, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S189.IS S189

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1 aries of any federally administered area may be ac2 quired by the Federal Government for the trail ex3 cept with the consent of the owner of the land or in4 terest in land.’’. 

5 (i) NEZ PERCE NATIONAL HISTORIC TRAIL.—Sec6 tion 5(a)(14) of the National Trails System Act (16 

7 U.S.C. 1244(a)(14)) is amended— 

8 (1) by striking the fourth and fifth sentences; 

9 and 

10 (2) by adding at the end the following: ‘‘No 

11 land or interest in land outside the exterior bound12 aries of any federally administered area may be ac13 quired by the Federal Government for the trail ex14 cept with the consent of the owner of the land or in15 terest in land. The authority of the Federal Govern16 ment to acquire fee title under this paragraph shall 

be limited to an average of not more than 1 17 ⁄4 mile 

18 on either side of the trail.’’. 

19 SEC. 3. CONFORMING AMENDMENT. 

20 Section 10 of the National Trails System Act (16 

21 U.S.C. 1249) is amended by striking subsection (c) and 

22 inserting the following: 

23 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

24 ‘‘(1) IN GENERAL.—Except as otherwise pro25 vided in this Act, there are authorized to be approVerDate Nov 24 2008 17:04 Jan 10, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S189.IS S189

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1 priated such sums as are necessary to implement the 

2 provisions of this Act relating to the trails des3 ignated by section 5(a). 

4 ‘‘(2) NATCHEZ TRACE NATIONAL SCENIC

5 TRAIL.— 

6 ‘‘(A) IN GENERAL.—With respect to the 

7 Natchez Trace National Scenic Trail (referred 

8 to in this paragraph as the ‘trail’) designated 

9 by section 5(a)(12)— 

10 ‘‘(i) not more than $500,000 shall be 

11 appropriated for the acquisition of land or 

12 interests in land for the trail; and 

13 ‘‘(ii) not more than $2,000,000 shall 

14 be appropriated for the development of the 

15 trail. 

16 ‘‘(B) PARTICIPATION BY VOLUNTEER

17 TRAIL GROUPS.—The administering agency for 

18 the trail shall encourage volunteer trail groups 

19 to participate in the development of the trail.’’. 

Æ 


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