II

106TH CONGRESS

1ST SESSION S. 1729

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 SENATE OF THE UNITED STATES

OCTOBER 14, 1999

Mr. CAMPBELL (for himself and Mr. ALLARD) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural 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 ‘‘Trails Willing Seller

5 Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) despite commendable efforts by the State

9 governments (including political subdivisions) and
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1 private volunteer trail groups to develop, operate,

2 and maintain the national scenic and national his3 toric trails, the rate of progress toward developing

4 and completing the trails is slower than anticipated;

5 (2) Congress authorized several national scenic

6 and historic trails between 1978 and 1986, with re7 strictions excluding Federal authority for land acqui8 sition;

9 (3) to develop and complete the authorized

10 trails as intended by Congress, acquisition authority

11 to secure necessary rights-of-way and historic sites

12 and segments specifically excluding condemnation

13 authority should be extended to the head of each

14 Federal agency administering a trail;

15 (4) to address the problems involving multi16 jurisdictional authority over the national trails sys17 tem, the head of each Federal agency with jurisdic18 tion over an individual trail—

19 (A) should cooperate with appropriate offi20 cials of States (including political subdivisions)

21 and private persons with an interest in the

22 trails to complete the development of the trails;

23 and
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1 (B) should be granted sufficient authority

2 to purchase land from willing sellers that is

3 critical to the completion of the trails; and

4 (5) land or interests in land for the authorized

5 components of the National Trails System affected

6 by this Act should only be acquired by the Federal

7 Government only from willing sellers.

8 SEC. 3. ACQUISITION OF TRAILS FROM WILLING SELLERS.

9 (a) ACQUISITION AUTHORITY.—Section 5(a) of the

10 National Trails System Act (16 U.S.C. 1244(a)) is

11 amended—

12 (1) in the fourth sentence of paragraph (11)—

13 (A) by striking ‘‘No lands or interest

14 therein outside the exterior’’ and inserting ‘‘No

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

16 and

17 (B) by inserting before the period the fol18 lowing: ‘‘without the consent of the owner of

19 the land or interest’’; and

20 (2) in the fourth sentence of paragraph (14)—

21 (A) by striking ‘‘No lands or interests

22 therein outside the exterior’’ and inserting ‘‘No

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

24 and
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1 (B) by inserting before the period the fol2 lowing: ‘‘without the consent of the owner of

3 the land or interest’’.

4 (b) EXPENDITURE OF FUNDS.—Section 10(c) of the

5 National Trails System Act (16 U.S.C. 1249(c)) is amend6 ed by striking subsection (c) and all that follows through

7 the end of paragraph (1) and inserting the following:

8 ‘‘(c) EXPENDITURE OF FUNDS.—

9 ‘‘(1) TRAILS.—

10 ‘‘(A) IN GENERAL.—Notwithstanding any

11 other provision of law (including any other pro12 vision of this Act), except as provided in sub13 paragraph (B), no funds may be expended by

14 the Federal Government for the acquisition of

15 any land or interest in land outside of the exte16 rior boundaries of Federal land that, on the

17 date of enactment of this subparagraph,

18 comprises—

19 ‘‘(i) the Continental Divide National

20 Scenic Trail;

21 ‘‘(ii) the North Country National Sce22 nic Trail;

23 ‘‘(iii) the Ice Age National Scenic

24 Trail;
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1 ‘‘(iv) the Oregon National Historic

2 Trail;

3 ‘‘(v) the Mormon Pioneer National

4 Historic Trail;

5 ‘‘(vi) the Lewis and Clark National

6 Historic Trail; and

7 ‘‘(vii) the Iditarod National Historic

8 Trail.

9 ‘‘(B) CONSENT OF LANDOWNER.—The

10 Federal Government may acquire land or an in11 terest in land outside the exterior boundary of

12 Federal land described in subparagraph (A)

13 with the consent of the owner of the land or in14 terest.

15 ‘‘(2) FAILURE TO MAKE PAYMENT.—If the Fed16 eral Government fails to make payment in accord17 ance with a contract for sale of land or an interest

18 in land under this subsection, the seller may use all

19 remedies available under all applicable law, including

20 electing to void the sale.’’.

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