I 

110TH CONGRESS 

2D SESSION H. R. 5335 

To amend the National Trails System Act to provide for the inclusion of 

new trail segments, land components, and campgrounds associated with 

the Trail of Tears National Historic Trail, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2008 

Mr. WAMP (for himself, Mr. ADERHOLT, Mr. BOOZMAN, Mr. SULLIVAN, Mr. 

LUCAS, Mr. LINCOLN DAVIS of Tennessee, Mr. DEAL of Georgia, Mr. 

COHEN, Mr. WHITFIELD of Kentucky, Mr. COLE of Oklahoma, Mr. 

SHULER, Mr. BERRY, Mr. DUNCAN, Mr. SNYDER, Mr. TANNER, Ms. 

FALLIN, Mr. GINGREY, and Mr. PRICE of Georgia) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To amend the National Trails System Act to provide for 

the inclusion of new trail segments, land components, 

and campgrounds associated with the Trail of Tears 

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. ADDITIONS TO TRAIL OF TEARS NATIONAL HIS4 TORIC TRAIL. 

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

6 (16 U.S.C. 1244(a)(16)) is amended as follows: 


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1 (1) By amending subparagraph (C) to read as 

2 follows: 

3 ‘‘(C) In addition to the areas otherwise 

4 designated under this paragraph, the following 

5 routes and land components by which the Cher6 okee Nation was removed to Oklahoma are 

7 components of the Trail of Tears National His8 toric Trail: 

9 ‘‘(i) The Benge and Bell routes. 

10 ‘‘(ii) The land components of the des11 ignated water routes in Alabama, Arkan12 sas, Oklahoma, and Tennessee. 

13 ‘‘(iii) The routes from the collection 

14 forts in Alabama, Georgia, North Carolina, 

15 and Tennessee to the emigration depots. 

16 ‘‘(iv) The related campgrounds located 

17 along the routes and land components de18 scribed in clauses (i) through (iii).’’. 

19 (2) By striking the first sentence in subpara20 graph (D). 

21 (3) By adding at the end the following new sub22 paragraphs: 

23 ‘‘(E) The Secretary may not use eminent 

24 domain to acquire lands for the Trail of Tears 

25 National Historic Trail and shall only include 


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1 lands in that trail that are consistent with and 

2 appropriate to the purpose for which the trail 

3 was designated. 

4 ‘‘(F) Nothing in this paragraph shall be 

5 construed to— 

6 ‘‘(i) require any private property 

7 owner to allow public access (including 

8 Federal, State, or local government access) 

9 to such private property; 

10 ‘‘(ii) modify any provision of Federal, 

11 State, or local law with regard to public 

12 access to or use of private property; 

13 ‘‘(iii) modify the authority of Federal, 

14 State, or local governments to regulate 

15 land use; 

16 ‘‘(iv) require the owner of any private 

17 property located within the boundaries of 

18 the trail to participate in or be associated 

19 with the trail; 

20 ‘‘(v) provide any nonexisting regu21 latory authority on land use within the 

22 trail; or 

23 ‘‘(vi) be considered to create any li24 ability, or to have any effect on any liabil25 ity under any other law, of any private 


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1 property owner with respect to any persons 

2 injured on such private property. 

3 ‘‘(G) The boundaries designated for the 

4 trail represent the area within which Federal 

5 funds appropriated for the purpose of this para6 graph may be expended.’’. 

Æ 


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