IIB

106TH CONGRESS

2D SESSION H. R. 2267

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2000

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Willing Seller Amend3 ments of 2000 to the National Trails System Act’’.

4 SEC. 2. FINDINGS.

5 Congress makes the following findings:

6 (1) In spite of commendable efforts by the gov7 ernments of States and political subdivisions of

8 States and private volunteer trail groups to develop,

9 operate, and maintain the national scenic and na10 tional historic trails (referred to in this Act as the

11 ‘‘trails’’), the rate of progress towards developing

12 and completing the trails is slower than anticipated.

13 (2) Nine national scenic and historic trails were

14 authorized by Congress between 1978 and 1986 with

15 restrictions totally excluding Federal authority for

16 land acquisition. To complete these trails as in17 tended by Congress, acquisition authority to secure

18 necessary rights-of-way and historic sites and seg19 ments, limited to acquisition from willing sellers

20 only, and specifically excluding condemnation, should

21 be extended to the Secretary administering those

22 trails.

23 SEC. 3. SENSE OF THE CONGRESS.

24 It is the sense of the Congress that in order to ad25 dress the problems involving multijurisdictional authority
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1 over the national trails system, the head of each Federal

2 agency with jurisdiction over an individual trail should—

3 (1) cooperate with appropriate officials of

4 States and political subdivisions of States and pri5 vate persons with an interest in the trails to pursue

6 the development of the trails; and

7 (2) be granted sufficient authority to purchase

8 lands from willing sellers that are critical to the

9 completion of the trails.

10 SEC. 4. INTENT.

11 It is the intent of Congress that lands or interests

12 in lands for the nine components of the National Trails

13 System affected by this Act shall only be acquired by the

14 Federal Government from willing sellers.

15 SEC. 5. AMENDMENTS TO THE NATIONAL TRAILS SYSTEM

16 ACT.

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

18 seq.) is amended—

19 (1) in section 5(a)—

20 (A) in the fourth sentence of paragraph

21 (11)—

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

23 therein outside the exterior’’ and inserting

24 ‘‘No lands or interest in lands outside of

25 the exterior’’; and
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1 (ii) by inserting before the period the

2 following: ‘‘without the consent of the

3 owner of the land or interest’’; and

4 (B) in the fourth sentence of paragraph

5 (14)—

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

7 therein outside the exterior’’ and inserting

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

9 exterior’’; and

10 (ii) by inserting before the period the

11 following: ‘‘without the consent of the

12 owner of the land or interest’’; and

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

14 and inserting the following new paragraph:

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

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

17 be expended by the Federal Government for the acquisi18 tion of any land or interest in land outside of the exterior

19 boundaries of existing Federal lands for the Continental

20 Divide National Scenic Trail, the North Country National

21 Scenic Trail, the Ice Age National Scenic Trail, the Poto22 mac Heritage National Scenic Trail, the Oregon National

23 Historic Trail, the Mormon Pioneer National Historic

24 Trail, the Nez Perce National Historic Trail, the Lewis

25 and Clark National Historic Trail, or the Iditarod Na-
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1 tional Historic Trail, except with the consent of the owner

2 of the land or interest. If the Federal Government fails

3 to make payment in accordance with a contract for sale

4 of land or an interest in land transferred under this para5 graph, the seller may avail himself of all remedies available

6 under all applicable law, including electing to void the

7 sale.’’.

Passed the House of Representatives September 26,

2000.

Attest: JEFF TRANDAHL,

Clerk.