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Union Calendar No. 501

106TH CONGRESS

2D SESSION H. R. 2267

[Report No. 106–846]

To amend the National Trails System Act to clarify Federal authority relating

to land acquisition from willing sellers for the majority of the trails,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 17, 1999

Mr. MCINNIS (for himself, Mr. HEFLEY, Mr. SCHAFFER, Mr. TANCREDO, Mr.

UDALL of Colorado, Mr. BARRETT of Wisconsin, Mr. KIND, Mr.

WHITFIELD, Mr. POMBO, Mr. BEREUTER, Mr. VENTO) introduced the

following bill; which was referred to the Committee on Resources

SEPTEMBER 14, 2000

Additional sponsors: Mr. HINCHEY, Ms. BALDWIN, Mr. FOLEY, Mr.

RODRIGUEZ, Mr. BOEHLERT, Mr. COOK, Mr. SHAW, Mr. TRAFICANT, Mr.

KLECZKA, Mr. GILCHREST, Mr. DOOLITTLE, Mr. EHLERS, Mr.

KNOLLENBERG, Mr. BROWN of Ohio, Mrs. WILSON, Mr. REGULA, Mr.

OBEY, Mr. PETRI, Mr. KLINK, Mr. ENGLISH, Mr. WAMP, Mr. BONIOR,

Mr. CANNON, Mr. HOUGHTON, Mr. WEXLER, Ms. LEE, Mr. PETERSON

of Pennsylvania, and Mr. SCARBOROUGH

SEPTEMBER 14, 2000

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on June 17, 1999]

A BILL

To amend the National Trails System Act to clarify Federal
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authority relating to land acquisition from willing sellers

for the majority of the 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 ‘‘Willing Seller Amend5 ments of 2000 to the National Trails System Act’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:

8 (1) In spite of commendable efforts by the gov9 ernments of States and political subdivisions of States

10 and private volunteer trail groups to develop, operate,

11 and maintain the national scenic and national his12 toric trails (referred to in this Act as the ‘‘trails’’),

13 the rate of progress towards developing and com14 pleting the trails is slower than anticipated.

15 (2) Nine national scenic and historic trails were

16 authorized by Congress between 1978 and 1986 with

17 restrictions totally excluding Federal authority for

18 land acquisition. To complete these trails as intended

19 by Congress, acquisition authority to secure necessary

20 rights-of-way and historic sites and segments, limited

21 to acquisition from willing sellers only, and specifi22 cally excluding condemnation, should be extended to

23 the Secretary administering those trails.
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1 SEC. 3. SENSE OF CONGRESS.

2 It is the sense of Congress that in order to address the

3 problems involving multijurisdictional authority over the

4 national trails system, the head of each Federal agency with

5 jurisdiction over an individual trail should—

6 (1) cooperate with appropriate officials of States

7 and political subdivisions of States and private per8 sons with an interest in the trails to pursue the devel9 opment of the trails; and

10 (2) be granted sufficient authority to purchase

11 lands from willing sellers that are critical to the com12 pletion of the trails.

13 SEC. 4. INTENT.

14 It is the intent of Congress that lands or interests in

15 lands for the 9 components of the National Trails System

16 affected by this Act shall only be acquired by the Federal

17 Government from willing sellers.

18 SEC. 5. AMENDMENTS TO THE NATIONAL TRAILS SYSTEM

19 ACT.

20 The National Trails System Act (16 U.S.C. 1241 et

21 seq.) is amended—

22 (1) in section 5(a)—

23 (A) in the fourth sentence of paragraph

24 (11)—

25 (i) by striking ‘‘No lands or interest

26 therein outside the exterior’’ and inserting
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1 ‘‘No lands or interest in lands outside of the

2 exterior’’; and

3 (ii) by inserting before the period the

4 following: ‘‘without the consent of the owner

5 of the land or interest’’; and

6 (B) in the fourth sentence of paragraph

7 (14)—

8 (i) by striking ‘‘No lands or interests

9 therein outside the exterior’’ and inserting

10 ‘‘No land or interest in land outside of the

11 exterior’’; and

12 (ii) by inserting before the period the

13 following: ‘‘without the consent of the owner

14 of the land or interest’’; and

15 (2) in section 10(c), by striking paragraph (1)

16 and inserting the following new paragraph:

17 ‘‘(c)(1) Notwithstanding any other provision of law

18 (including any other provision of this Act), no funds may

19 be expended by the Federal Government for the acquisition

20 of any land or interest in land outside of the exterior bound21 aries of existing Federal lands for the Continental Divide

22 National Scenic Trail, the North Country National Scenic

23 Trail, the Ice Age National Scenic Trail, the Potomac Her24 itage National Scenic Trail, the Oregon National Historic

25 Trail, the Mormon Pioneer National Historic Trail, the Nez
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1 Perce National Historic Trail, the Lewis and Clark Na2 tional Historic Trail, or the Iditarod National Historic

3 Trail, except with the consent of the owner of the land or

4 interest. If the Federal Government fails to make payment

5 in accordance with a contract for sale of land or an interest

6 in land transferred under this paragraph, the seller may

7 avail himself of all remedies available under all applicable

8 law, including electing to void the sale.’’.
Union Calendar No. 501

106TH CONGRESS

2D SESSION H. R. 2267

[Report No. 106–846]

A BILL

To amend the National Trails System Act to clarify

Federal authority relating to land acquisitionfrom willing sellers for the majority of the trails,and for other purposes.

SEPTEMBER 14, 2000

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union,

and ordered to be printed