I 

116TH CONGRESS 

2D SESSION H. R. 8771 

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 

NOVEMBER 18, 2020 

Mr. ESTES (for himself, Mr. MARSHALL, Ms. KENDRA S. HORN of Oklahoma, 

Mr. ARRINGTON, Mr. COLE, and Mr. WATKINS) introduced the following 

bill; which was referred to the Committee on Natural Resources 

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. 

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’’. 


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1 SEC. 2. DESIGNATION OF THE CHISHOLM NATIONAL HIS2 TORIC TRAIL AND THE WESTERN NATIONAL 

3 HISTORIC TRAIL. 

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

5 U.S.C. 1244(a)) is amended by adding at the end the fol6 lowing: 

7 ‘‘(31) CHISHOLM NATIONAL HISTORIC TRAIL; 

8 WESTERN NATIONAL HISTORIC TRAIL.— 

9 ‘‘(A) ESTABLISHMENT.— 

10 ‘‘(i) CHISHOLM NATIONAL HISTORIC

11 TRAIL.—The Chisholm National Historic 

12 Trail, a trail used by ranchers and drovers 

13 to move cattle to market between the 

14 1850s and the 1880s, extending along a 

15 route of approximately 1,378 miles from 

16 Kingsville, Texas, through Cuero and San 

17 Antonio, Texas, northward through Okla18 homa to Abilene, Kansas, as generally de19 picted on the maps numbered 1 through 6 

20 contained in the report prepared by the 

21 National Park Service entitled ‘Chisholm 

22 and Great Western National Historic Trail 

23 Feasibility Study/Environmental Assess24 ment’ and dated May 2019. 

25 ‘‘(ii) WESTERN NATIONAL HISTORIC

26 TRAIL.—The Western National Historic 


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1 Trail, a trail used by ranchers and drovers 

2 to move cattle to market between the 

3 1850s and the 1880s, extending along a 

4 route of approximately 1,350 miles from 

5 Kingsville, Texas, northward through Okla6 homa and Dodge City, Kansas, to Ogallala, 

7 Nebraska, as generally depicted on the 

8 maps numbered 1 through 6 contained in 

9 the report prepared by the National Park 

10 Service entitled ‘Chisholm and Great West11 ern National Historic Trail Feasibility 

12 Study/Environmental Assessment’ and 

13 dated May 2019. 

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

15 described in subparagraph (A) shall be on file 

16 and available for public inspection in the appro17 priate offices of the Department of the Interior. 

18 ‘‘(C) ADMINISTRATION.— 

19 ‘‘(i) IN GENERAL.—The Secretary of 

20 the Interior shall administer the trails es21 tablished by subparagraph (A) as a single 

22 administrative unit. 

23 ‘‘(ii) ADMINISTRATION OF PORTIONS

24 OF TRAIL ON NON-FEDERAL LAND.— 


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1 ‘‘(I) REQUIREMENTS FOR ADMIN2 ISTRATION.—The Secretary of the In3 terior shall administer any portion of 

4 a trail established by subparagraph 

5 (A) that is located on non-Federal 

6 land only— 

7 ‘‘(aa) with the voluntary 

8 consent of the owner of the non9 Federal land; and 

10 ‘‘(bb) if the portion qualifies 

11 for certification as a component 

12 of the applicable trail, consistent 

13 with section 3(a)(3). 

14 ‘‘(II) CERTIFICATION AGREE15 MENT.— 

16 ‘‘(aa) IN GENERAL.—The 

17 approval by an owner of applica18 ble non-Federal land of a certifi19 cation agreement shall satisfy the 

20 consent requirements of sub21 clause (I)(aa). 

22 ‘‘(bb) TERMINATION.—A 

23 certification agreement referred 

24 to in item (aa) may be termi25 nated at any time. 


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1 ‘‘(iii) ACCESS TO PRIVATE PROP2 ERTY.—The establishment of a trail by 

3 subparagraph (A) does not authorize any 

4 person to enter private property without 

5 the consent of the owner of the private 

6 property. 

7 ‘‘(iv) RECOGNITION OF ALTERNATIVE

8 NAMES FOR TRAILS.—In referring to a 

9 trail established by subparagraph (A) in 

10 maps and other documents, the Secretary 

11 of the Interior may acknowledge and use 

12 any alternative name that was historically 

13 used to reference the trail. 

14 ‘‘(D) LAND ACQUISITION.— 

15 ‘‘(i) DONATION.—The Secretary of 

16 the Interior may accept a donation of land 

17 or an interest in land for a trail estab18 lished by subparagraph (A). 

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

20 the Interior may not acquire for a trail es21 tablished by subparagraph (A) any land or 

22 interest in land— 

23 ‘‘(I) that is located outside the 

24 exterior boundary of any federally 

25 managed area without the consent of 


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1 the owner of the land or interest in 

2 land; or 

3 ‘‘(II) that extends more than an 

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

5 of a trail established by subparagraph 

6 (A). 

7 ‘‘(E) EFFECT ON ENERGY DEVELOPMENT, 

8 PRODUCTION, OR TRANSMISSION.—Nothing in 

9 this paragraph, the acquisition of land or an in10 terest in land authorized by this paragraph, or 

11 any management plan for a trail established by 

12 subparagraph (A) prohibits, hinders, or dis13 rupts the development, production, or trans14 mission of energy. 

15 ‘‘(F) NO BUFFER ZONES.— 

16 ‘‘(i) IN GENERAL.—Nothing in this 

17 paragraph, the acquisition of land or an in18 terest in land authorized by this para19 graph, or any management plan for a trail 

20 established by subparagraph (A) creates a 

21 buffer zone. 

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

23 that an activity or use on land outside a 

24 trail established by subparagraph (A) can 

25 be seen, heard, or detected from the appliVerDate Sep 11 2014 04:50 Nov 28, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8771.IH H8771

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1 cable trail, including from any land or in2 terest in land acquired for the applicable 

3 trail, shall not preclude, limit, control, reg4 ulate, or determine the conduct or manage5 ment of the activity or use outside the ap6 plicable trail. 

7 ‘‘(G) NO EMINENT DOMAIN OR CONDEMNA8 TION.—Land or an interest in land may not be 

9 acquired for a trail established by subparagraph 

10 (A) by eminent domain or condemnation. 

11 ‘‘(H) INVENTORY OF SITES; ADMINISTRA12 TIVE COSTS.—The Secretary of the Interior 

13 shall be responsible for— 

14 ‘‘(i) the costs of any inventory to iden15 tify and define potential sites and seg16 ments for inclusion in a trail established by 

17 subparagraph (A); and 

18 ‘‘(ii) any other applicable administra19 tive costs relating to a trail established by 

20 that subparagraph. 

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

22 THE NATIONAL PARK SYSTEM’.—Notwith23 standing any other provision of law, the estab24 lishment of a trail by subparagraph (A) shall 

25 not have the effect of designating the trail or 


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

2 in the National Park System’ for purposes of 

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

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

5 ‘‘(J) NO NEW AUTHORITIES OR PER6 MITS.— 

7 ‘‘(i) NO EFFECT ON AUTHORITY TO

8 GRANT EASEMENTS OR RIGHTS-OF-WAY.— 

9 ‘‘(I) IN GENERAL.—Notwith10 standing any other provision of law, 

11 the establishment of a trail by sub12 paragraph (A) shall not alter or affect 

13 the existing authority of any Federal, 

14 State, or local agency or official to 

15 grant easements or rights-of-way over, 

16 under, across, or along any portion of 

17 the trail. 

18 ‘‘(II) AUTHORITY OF HEADS OF

19 FEDERAL AGENCIES TO GRANTS EASE20 MENTS OR RIGHTS-OF-WAY.—Notwith21 standing the establishment of a trail 

22 by subparagraph (A), the head of any 

23 Federal agency having jurisdiction 

24 over any Federal land on which the 

25 trail is located (other than land that 


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1 is considered to be ‘lands in the Na2 tional Park System’ for purposes of 

3 section 28(b)(1) of the Mineral Leas4 ing Act (30 U.S.C. 185(b)(1)) as a re5 sult of an establishment under any 

6 other law), shall have the authority to 

7 grant easements or rights-of-way over, 

8 under, across, or along any applicable 

9 portion of the trail in accordance with 

10 the laws applicable to the Federal 

11 land. 

12 ‘‘(ii) NO NEW PERMITS REQUIRED.— 

13 Notwithstanding any other provision of 

14 law, the establishment of a trail by sub15 paragraph (A) shall not subject the trail or 

16 any land on which the trail is located to 

17 any other Federal laws (including regula18 tions) requiring a Federal permit or au19 thorization that would otherwise be made 

20 applicable as a result of the establishment 

21 of the trail as a component of the National 

22 Trails System.’’. 

Æ 


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