II 

109TH CONGRESS 

1ST SESSION S. 974 

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 

APRIL 28, 2005 

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 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Willing Seller Act’’. 
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1 SEC. 2. AUTHORITY TO ACQUIRE LANDS FROM WILLING 

2 SELLERS FOR CERTAIN TRAILS. 

3 (a) OREGON NATIONAL HISTORIC TRAIL.—Section 

4 5(a)(3) of the National Trails System Act (16 U.S.C. 

5 1244(a)(3)) is amended by adding at the end the fol6 lowing: ‘‘No lands or interests therein 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 thereof. The authority of the 

10 Federal government to acquire fee title under this para11 graph shall be limited to an average of not more than one12 quarter mile on either side of the trail.’’. 

13 (b) MORMON PIONEER NATIONAL HISTORIC

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

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

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

17 the exterior boundaries of any Federally administered area 

18 may be acquired by the Federal government for the trail 

19 except with the consent of the owner thereof. The author20 ity of the Federal government to acquire fee title under 

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

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

23 (c) CONTINENTAL DIVIDE NATIONAL SCENIC

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

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

26 end the following: ‘‘No lands or interests therein outside 
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1 the exterior boundaries of any Federally administered area 

2 may be acquired by the Federal government for the trail 

3 except with the consent of the owner thereof. The author4 ity of the Federal government to acquire fee title under 

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

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

7 (d) LEWIS AND CLARK NATIONAL HISTORIC

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

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

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

11 the exterior boundaries of any Federally administered area 

12 may be acquired by the Federal government for the trail 

13 except with the consent of the owner thereof. The author14 ity of the Federal government to acquire fee title under 

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

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

17 (e) IDITAROD NATIONAL HISTORIC TRAIL.—Section 

18 5(a)(7) of the National Trails System Act (16 U.S.C. 

19 1244(a)(7)) is amended by adding at the end the fol20 lowing: ‘‘No lands or interests therein outside the exterior 

21 boundaries of any Federally administered area may be ac22 quired by the Federal government for the trail except with 

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

24 Federal government to acquire fee title under this para-
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1 graph shall be limited to an average of not more than one2 quarter mile on either side of the trail.’’. 

3 (f) NORTH COUNTRY NATIONAL SCENIC TRAIL.—

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

5 U.S.C. 1244(a)(8)) 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 

8 be acquired by the Federal government for the trail except 

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

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

11 5(a)(10) of the National Trails System Act (16 U.S.C. 

12 1244(a)(10)) is amended by adding at the end the fol13 lowing: ‘‘No lands or interests therein outside the exterior 

14 boundaries of any Federally administered area may be ac15 quired by the Federal government for the trail except with 

16 the consent of the owner thereof.’’. 

17 (h) POTOMAC HERITAGE NATIONAL SCENIC

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

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

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

21 the exterior boundaries of any Federally administered area 

22 may be acquired by the Federal government for the trail 

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

24 (i) NEZ PERCE NATIONAL HISTORIC TRAIL.—Sec25 tion 5(a)(14) of the National Trails System Act (16 
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1 U.S.C. 1244(a)(14)) is amended by adding at the end the 

2 following: ‘‘No lands or interests therein outside the exte3 rior boundaries of any Federally administered area may 

4 be acquired by the Federal government for the trail except 

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

6 the Federal government to acquire fee title under this 

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

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

9 SEC. 3. CONFORMING AMENDMENT. 

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

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

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

13 there is authorized to be appropriated such sums as may 

14 be necessary to implement the provisions of this Act relat15 ing to the trails designated by section 5(a). 

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

17 for the purposes of land acquisition and interests therein 

18 for the Natchez Trace National Scenic Trail designated 

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

20 $2,000,000 may be appropriated for the purposes of the 

21 development of such trail. The administering agency for 

22 the trail shall encourage volunteer trail groups to partici23 pate in the development of the trail.’’.

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