I

106TH CONGRESS

1ST SESSION H. R. 2267

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

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, 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 1999 to the National Trails System Act’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:
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1 (1) In spite of commendable efforts by the gov2 ernments of States and political subdivisions of

3 States and private volunteer trail groups to develop,

4 operate, and maintain the national scenic and na5 tional historic trails (referred to in this Act as the

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

7 and completing the trails is slower than anticipated.

8 (2) Nine national scenic and historic trails were

9 authorized by Congress between 1978 and 1986 with

10 restrictions totally excluding Federal authority for

11 land acquisition. To complete these trails as in12 tended by Congress, acquisition authority to secure

13 necessary rights-of-way and historic sites and seg14 ments, limited to acquisition from willing sellers

15 only, and specifically excluding condemnation, should

16 be extended to the Secretary administering those

17 trails.

18 SEC. 3. SENSE OF CONGRESS.

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

20 the problems involving multijurisdictional authority over

21 the national trails system, the head of each Federal agency

22 with jurisdiction over an individual trail should—

23 (1) cooperate with appropriate officials of

24 States and political subdivisions of States and pri-
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1 vate persons with an interest in the trails to pursue

2 the development of the trails; and

3 (2) be granted sufficient authority to purchase

4 lands from willing sellers that are critical to the

5 completion of the trails.

6 SEC. 4. INTENT.

7 It is the intent of Congress that lands or interests

8 in lands for the 9 components of the National Trails Sys9 tem affected by this Act shall only be acquired by the Fed10 eral Government from willing sellers.

11 SEC. 5. AMENDMENTS TO THE NATIONAL TRAILS SYSTEM

12 ACT.

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

14 seq.) is amended—

15 (1) in section 5(a)—

16 (A) in the fourth sentence of paragraph

17 (11)—

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

19 therein outside the exterior’’ and inserting

20 ‘‘No lands or interest in lands outside of

21 the exterior’’; and

22 (ii) by inserting before the period the

23 following: ‘‘without the consent of the

24 owner of the land or interest’’; and
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1 (B) in the fourth sentence of paragraph

2 (14)—

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

4 therein outside the exterior’’ and ‘‘No land

5 or interest in land outside of the exterior’’;

6 and

7 (ii) by inserting before the period the

8 following: ‘‘without the consent of the

9 owner of the land or interest’’; and

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

11 and inserting the following new paragraph:

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

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

14 be expended by the Federal Government for the acquisi15 tion of any land or interest in land outside of the exterior

16 boundaries of existing Federal lands for the Continental

17 Divide National Scenic Trail, the North Country National

18 Scenic Trail, the Ice Age National Scenic Trail, the Or19 egon National Historic Trail, the Mormon Pioneer Na20 tional Historic Trail, the Lewis and Clark National His21 toric Trail, or the Iditarod National Historic Trail, except

22 with the consent of the owner of the land or interest. If

23 the Federal Government fails to make payment in accord24 ance with a contract for sale of land or an interest in land

25 transferred under this paragraph, the seller may avail
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1 himself of all remedies available under all applicable law,

2 including electing to void the sale.’’.

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