II 

Calendar No. 365 

110TH CONGRESS 

1ST SESSION S. 169 

[Report No. 110–167] 

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

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

in the System, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. ALLARD (for himself, Mr. LEVIN, Mr. FEINGOLD, and Mr. CRAPO) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

SEPTEMBER 17, 2007 

Reported by Mr. BINGAMAN, with an amendment 

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

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 in the System, 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 ‘‘National Trails System 

3 Willing Seller Act’’. 

4 SEC. 2. AUTHORITY TO ACQUIRE LANDS FROM WILLING 

5 SELLERS FOR CERTAIN TRAILS. 

6 (a) OREGON NATIONAL HISTORIC TRAIL.—Section 

7 5(a)(3) of the National Trails System Act (16 U.S.C. 

8 1244(a)(3)) is amended by adding at the end the fol9 lowing: ‘‘No lands or interests therein outside the exterior 

10 boundaries of any federally administered area may be ac11 quired by the Federal Government for the trail except with 

12 the consent of the owner thereof. The authority of the 

13 Federal Government to acquire fee title under this para14 graph shall be limited to an average of not more than one15 quarter mile on either side of the trail.’’. 

16 (b) MORMON PIONEER NATIONAL HISTORIC

17 TRAIL.—Section 5(a)(4) of the National Trails System 

18 Act (16 U.S.C. 1244(a)(4)) is amended by adding at the 

19 end the following: ‘‘No lands or interests therein outside 

20 the exterior boundaries of any federally administered area 

21 may be acquired by the Federal Government for the trail 

22 except with the consent of the owner thereof. The author23 ity of the Federal Government to acquire fee title under 

24 this paragraph shall be limited to an average of not more 

25 than one-quarter mile on either side of the trail.’’. 


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1 (c) CONTINENTAL DIVIDE NATIONAL SCENIC

2 TRAIL.—Section 5(a)(5) of the National Trails System 

3 Act (16 U.S.C. 1244(a)(5)) is amended by adding at the 

4 end the following: ‘‘No lands or interests therein outside 

5 the exterior boundaries of any federally administered area 

6 may be acquired by the Federal Government for the trail 

7 except with the consent of the owner thereof. The author8 ity of the Federal Government to acquire fee title under 

9 this paragraph shall be limited to an average of not more 

10 than one-quarter mile on either side of the trail.’’. 

11 (d) LEWIS AND CLARK NATIONAL HISTORIC

12 TRAIL.—Section 5(a)(6) of the National Trails System 

13 Act (16 U.S.C. 1244(a)(6)) is amended by adding at the 

14 end the following: ‘‘No lands or interests therein outside 

15 the exterior boundaries of any federally administered area 

16 may be acquired by the Federal Government for the trail 

17 except with the consent of the owner thereof. The author18 ity of the Federal Government to acquire fee title under 

19 this paragraph shall be limited to an average of not more 

20 than one-quarter mile on either side of the trail.’’. 

21 (e) IDITAROD NATIONAL HISTORIC TRAIL.—Section 

22 5(a)(7) of the National Trails System Act (16 U.S.C. 

23 1244(a)(7)) is amended by adding at the end the fol24 lowing: ‘‘No lands or interests therein outside the exterior 

25 boundaries of any federally administered area may be acVerDate Aug 31 2005 04:07 Sep 18, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S169.RS S169

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1 quired by the Federal Government for the trail except with 

2 the consent of the owner thereof. The authority of the 

3 Federal Government to acquire fee title under this para4 graph shall be limited to an average of not more than one5 quarter mile on either side of the trail.’’. 

6 (f) NORTH COUNTRY NATIONAL SCENIC TRAIL.— 

7 Section 5(a)(8) of the National Trails System Act (16 

8 U.S.C. 1244(a)(8)) is amended by adding at the end the 

9 following: ‘‘No lands or interests therein outside the exte10 rior boundaries of any federally administered area may be 

11 acquired by the Federal Government for the trail except 

12 with the consent of the owner thereof.’’. 

13 (g) ICE AGE NATIONAL SCENIC TRAIL.—Section 

14 5(a)(10) of the National Trails System Act (16 U.S.C. 

15 1244(a)(10)) is amended by adding at the end the fol16 lowing: ‘‘No lands or interests therein outside the exterior 

17 boundaries of any federally administered area may be ac18 quired by the Federal Government for the trail except with 

19 the consent of the owner thereof.’’. 

20 (h) POTOMAC HERITAGE NATIONAL SCENIC

21 TRAIL.—Section 5(a)(11) of the National Trails System 

22 Act (16 U.S.C. 1244(a)(11)) is amended by adding at the 

23 end the following: ‘‘No lands or interests therein outside 

24 the exterior boundaries of any federally administered area 


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1 may be acquired by the Federal Government for the trail 

2 except with the consent of the owner thereof.’’. 

3 (i) NEZ PERCE NATIONAL HISTORIC TRAIL.—Sec4 tion 5(a)(14) of the National Trails System Act (16 

5 U.S.C. 1244(a)(14)) is amended by adding at the end the 

6 following: ‘‘No lands or interests therein outside the exte7 rior boundaries of any federally administered area may be 

8 acquired by the Federal Government for the trail except 

9 with the consent of the owner thereof. The authority of 

10 the Federal Government to acquire fee title under this 

11 paragraph shall be limited to an average of not more than 

12 one-quarter mile on either side of the trail.’’. 

13 SEC. 3. CONFORMING AMENDMENT. 

14 Section 10(c) of the National Trails System Act (16 

15 U.S.C. 1249(c)) is amended to read as follows: 

16 ‘‘(c)(1) Except as otherwise provided in this Act, 

17 there is authorized to be appropriated such sums as may 

18 be necessary to implement the provisions of this Act relat19 ing to the trails designated by section 5(a). 

20 ‘‘(2) Not more than $500,000 may be appropriated 

21 for the purposes of land acquisition and interests therein 

22 for the Natchez Trace National Scenic Trail designated 

23 by section 5(a)(12) of this Act, and not more than 

24 $2,000,000 may be appropriated for the purposes of the 

25 development of such trail. The administering agency for 


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1 the trail shall encourage volunteer trail groups to partici2 pate in the development of the trail.’’. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Trails System 

5 Willing Seller Act’’. 

6 SEC. 2. AUTHORITY TO ACQUIRE LAND FROM WILLING 

7 SELLERS FOR CERTAIN TRAILS. 

8 (a) OREGON NATIONAL HISTORIC TRAIL.—Section 

9 5(a)(3) of the National Trails System Act (16 U.S.C. 

10 1244(a)(3)) is amended by adding at the end the following: 

11 ‘‘No land or interest in land outside the exterior boundaries 

12 of any federally administered area may be acquired by the 

13 Federal Government for the trail except with the consent 

14 of the owner of the land or interest in land. The authority 

15 of the Federal Government to acquire fee title under this 

16 paragraph shall be limited to an average of not more than 

1 17 ⁄4 mile on either side of the trail.’’. 

18 (b) MORMON PIONEER NATIONAL HISTORIC TRAIL.— 

19 Section 5(a)(4) of the National Trails System Act (16 

20 U.S.C. 1244(a)(4)) is amended by adding at the end the 

21 following: ‘‘No land or interest in land outside the exterior 

22 boundaries of any federally administered area may be ac23 quired by the Federal Government for the trail except with 

24 the consent of the owner of the land or interest in land. 

25 The authority of the Federal Government to acquire fee title 


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1 under this paragraph shall be limited to an average of not 

more than 1 2 ⁄4 mile on either side of the trail.’’. 

3 (c) CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.— 

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

5 U.S.C. 1244(a)(5)) is amended by adding at the end the 

6 following: ‘‘No land or interest in land outside the exterior 

7 boundaries of any federally administered area may be ac8 quired by the Federal Government for the trail except with 

9 the consent of the owner of the land or interest in land. 

10 The authority of the Federal Government to acquire fee title 

11 under this paragraph shall be limited to an average of not 

more than 1 12 ⁄4 mile on either side of the trail.’’. 

13 (d) LEWIS AND CLARK NATIONAL HISTORIC TRAIL.— 

14 Section 5(a)(6) of the National Trails System Act (16 

15 U.S.C. 1244(a)(6)) is amended by adding at the end the 

16 following: ‘‘No land or interest in land outside the exterior 

17 boundaries of any federally administered area may be ac18 quired by the Federal Government for the trail except with 

19 the consent of the owner of the land or interest in land. 

20 The authority of the Federal Government to acquire fee title 

21 under this paragraph shall be limited to an average of not 

more than 1 22 ⁄4 mile on either side of the trail.’’. 

23 (e) IDITAROD NATIONAL HISTORIC TRAIL.—Section 

24 5(a)(7) of the National Trails System Act (16 U.S.C. 

25 1244(a)(7)) is amended by adding at the end the following: 


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1 ‘‘No land or interest in land outside the exterior boundaries 

2 of any federally administered area may be acquired by the 

3 Federal Government for the trail except with the consent 

4 of the owner of the land or interest in land. The authority 

5 of the Federal Government to acquire fee title under this 

6 paragraph shall be limited to an average of not more than 

1 7 ⁄4 mile on either side of the trail.’’. 

8 (f) NORTH COUNTRY NATIONAL SCENIC TRAIL.—Sec9 tion 5(a)(8) of the National Trails System Act (16 U.S.C. 

10 1244(a)(8)) is amended by adding at the end the following: 

11 ‘‘No land or interest in land outside the exterior boundaries 

12 of any federally administered area may be acquired by the 

13 Federal Government for the trail except with the consent 

14 of the owner of the land or interest in land.’’. 

15 (g) ICE AGE NATIONAL SCENIC TRAIL.—Section 

16 5(a)(10) of the National Trails System Act (16 U.S.C. 

17 1244(a)(10)) is amended by adding at the end the following: 

18 ‘‘No land or interest in land outside the exterior boundaries 

19 of any federally administered area may be acquired by the 

20 Federal Government for the trail except with the consent 

21 of the owner of the land or interest in land.’’. 

22 (h) POTOMAC HERITAGE NATIONAL SCENIC TRAIL.— 

23 Section 5(a)(11) of the National Trails System Act (16 

24 U.S.C. 1244(a)(11)) is amended— 


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1 (1) by striking the fourth and fifth sentences; 

2 and 

3 (2) by adding at the end the following: ‘‘No land 

4 or interest in land outside the exterior boundaries of 

5 any federally administered area may be acquired by 

6 the Federal Government for the trail except with the 

7 consent of the owner of the land or interest in land.’’. 

8 (i) NEZ PERCE NATIONAL HISTORIC TRAIL.—Section 

9 5(a)(14) of the National Trails System Act (16 U.S.C. 

10 1244(a)(14)) is amended— 

11 (1) by striking the fourth and fifth sentences; 

12 and 

13 (2) by adding at the end the following: ‘‘No land 

14 or interest in land outside the exterior boundaries of 

15 any federally administered area may be acquired by 

16 the Federal Government for the trail except with the 

17 consent of the owner of the land or interest in land. 

18 The authority of the Federal Government to acquire 

19 fee title under this paragraph shall be limited to an 

average of not more than 1 20 ⁄4 mile on either side of the 

21 trail.’’. 

22 SEC. 3. CONFORMING AMENDMENT. 

23 Section 10 of the National Trails System Act (16 

24 U.S.C. 1249) is amended by striking subsection (c) and in25 serting the following: 


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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— 

2 ‘‘(1) IN GENERAL.—Except as otherwise provided 

3 in this Act, there are authorized to be appropriated 

4 such sums as are necessary to implement the provi5 sions of this Act relating to the trails designated by 

6 section 5(a). 

7 ‘‘(2) NATCHEZ TRACE NATIONAL SCENIC

8 TRAIL.— 

9 ‘‘(A) IN GENERAL.—With respect to the 

10 Natchez Trace National Scenic Trail (referred to 

11 in this paragraph as the ‘trail’) designated by 

12 section 5(a)(12)— 

13 ‘‘(i) not more than $500,000 shall be 

14 appropriated for the acquisition of land or 

15 interests in land for the trail; and 

16 ‘‘(ii) not more than $2,000,000 shall be 

17 appropriated for the development of the 

18 trail. 

19 ‘‘(B) PARTICIPATION BY VOLUNTEER TRAIL

20 GROUPS.—The administering agency for the trail 

21 shall encourage volunteer trail groups to partici22 pate in the development of the trail.’’. 


bajohnson on PROD1PC77 with BILLS

bajohnson on PROD1PC77 with BILLS
Calendar No. 365 

110TH CONGRESS 

1ST SESSION S. 169 

[Report No. 110

–167] 

A BILL 

To amend the National Trails System Act to clarify 

in the System, and for other purposes. from willing sellers for the majority of the trails Federal authority relating to land acquisition 

SEPTEMBER 17, 2007 

Reported with an amendment 


bajohnson on PROD1PC77 with BILLS