I 

111TH CONGRESS 

1ST SESSION H. R. 1373 

To direct the Secretary of the Interior to conduct a resource study along 

the ‘‘Ox-Bow Route’’ of the Butterfield Overland Trail in the States 

of Missouri, Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Arizona, and California, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 6, 2009 

Mr. BOOZMAN (for himself, Mrs. BLACKBURN, Mr. REYES, and Mr. 

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

A BILL 

To direct the Secretary of the Interior to conduct a resource 

study along the ‘‘Ox-Bow Route’’ of the Butterfield Overland Trail in the States of Missouri, Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Arizona, and California, 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 ‘‘Butterfield Overland 

5 Trail Study Act’’. 


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1 SEC. 2. RESOURCE STUDY OF THE BUTTERFIELD OVER2 LAND TRAIL. 

3 (a) IN GENERAL.—The Secretary of the Interior 

4 (hereafter in this Act referred to as the ‘‘Secretary’’), in 

5 consultation with appropriate Federal, State, county and 

6 local governmental entities, shall conduct a resource study 

7 along the ‘‘Ox-Bow Route’’ of the Butterfield Overland 

8 Trail in the States of Missouri, Tennessee, Arkansas, 

9 Oklahoma, Texas, New Mexico, Arizona, and California 

10 (hereafter in this Act referred to as the ‘‘trail area’’). The 

11 study shall evaluate a range of alternatives for protecting 

12 and interpreting the resources of the trail area, including 

13 alternatives for potential addition of the trail area to the 

14 National Trails System. 

15 (b) STUDY OBJECTIVES.—In conducting the study 

16 under subsection (a), the Secretary shall evaluate alter17 natives for achieving the following objectives: 

18 (1) Identifying the resources and historic 

19 themes associated with the trail area. 

20 (2) Making a review of existing studies and re21 ports to complement, and not duplicate, other stud22 ies of the scenic or historical importance of the 

23 Butterfield Overland Trail and associated resources 

24 that may be underway or undertaken. 

25 (3) Establishing connections with partnerships 

26 already engaged in the development of various trails 


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1 and sites along the corridor of the Butterfield Over2 land Trail. 

3 (4) Preserving recreational opportunities and 

4 facilitating access for a variety of recreational users. 

5 (5) Protecting historically significant land6 scapes, districts, sites, and structures of the trail 

7 area. 

8 (6) Identifying alternatives for preservation and 

9 interpretation of the trail area by the National Park 

10 Service, other Federal, State, or local governmental 

11 entities, or private and non-profit organizations. 

12 (7) Identifying cost estimates for any necessary 

13 acquisition, development, interpretation, operation, 

14 and maintenance associated with the alternatives re15 ferred to in subsection (a). 

16 (c) TRANSMISSION TO CONGRESS.—Not later than 3 

17 years after funds are first made available for the study, 

18 the Secretary shall transmit the final study to the Com19 mittee on Energy and Natural Resources of the United 

20 States Senate and to the Committee on Natural Resources 

21 of the United States House of Representatives. 

22 SEC. 3. PRIVATE PROPERTY PROTECTIONS. 

23 (a) ALTERNATIVES TO PROTECT PRIVATE PROP24 ERTY.—In conducting the resource study under section 


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1 2(a), the Secretary shall not consider any alternative that 

2 would— 

3 (1) require any private property owner to allow 

4 public access (including Federal, State, or local gov5 ernment access) to such private property; 

6 (2) modify any provision of Federal, State, or 

7 local law with regard to public access to or use of 

8 private property; 

9 (3) create any liability, or have any effect on 

10 any liability under any other law, of any private 

11 property owner with respect to any persons injured 

12 on such private property; 

13 (4) modify the authority of Federal, State, or 

14 local governments to regulate land use; or 

15 (5) require the owner of any private property to 

16 participate in or be associated with any addition to 

17 the National Parks System. 

18 (b) IMPACTS ON PRIVATE PROPERTY.—The study 

19 shall include an analysis and documentation regarding 

20 whether each alternative proposed has potential or actual 

21 impact on private property located within or abutting the 

22 trail area. 

Æ 


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