I
107TH CONGRESS
1ST SESSION
H. R. 834
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 HOUSE OF REPRESENTATIVES
MARCH 1, 2001
Mr. MCINNIS (for himself, Mr. HEFLEY, Mr. SCHAFFER, Mr. TANCREDO, Mr.
UDALL of Colorado, Mr. POMBO, Mr. CANNON, Ms. BALDWIN, Mr. BAR-
RETT of Wisconsin, Mr. BEREUTER, Mr. BOEHLERT, Mr. BROWN of
Ohio, Mr. DOOLITTLE, Mr. EHLERS, Mr. ENGLISH, Mr. HINCHEY, Mr.
HOUGHTON, Mr. KIND, Mr. OBEY, Mr. PETRI, and Mr. TRAFICANT) in-
troduced the following bill; which was referred to the Committee on Re-
sources
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Trails System
Willing Seller Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In spite of commendable efforts by State
and local governments and private volunteer trail
groups to develop, operate, and maintain the na-
tional scenic and national historic trails designated
by Act of Congress in section 5(a) of the National
Trails System Act (16 U.S.C. 1244(a)), the rate of
progress towards developing and completing the
trails is slower than anticipated.
(2) Nine of the twelve national scenic and his-
toric trails designated between 1978 and 1986 are
subject to restrictions totally excluding Federal au-
thority for land acquisition outside the exterior
boundaries of any federally administered area.
(3) To complete these nine trails as intended by
Congress, acquisition authority to secure necessary
rights-of-way and historic sites and segments, lim-
ited to acquisition from willing sellers only, and spe-
cifically excluding the use of condemnation, should
be extended to the Secretary of the Federal depart-
ment administering these trails.
SEC. 3. SENSE OF THE CONGRESS REGARDING MULTI-
JURISDICTIONAL AUTHORITY OVER THE NA-
TIONAL TRAILS SYSTEM.
It is the sense of the Congress that in order to ad-
dress the problems involving multijurisdictional authority
over the National Trails System, the Secretary of the Fed-
eral department with jurisdiction over a national scenic
or historic trail should—
(1) cooperate with appropriate officials of each
State and political subdivisions of each State in
which the trail is located and private persons with
an interest in the trail to pursue the development of
the trail; and
(2) be granted sufficient authority to purchase
lands and interests in lands from willing sellers that
are critical to the completion of the trail.
SEC. 4. AUTHORITY TO ACQUIRE LANDS FROM WILLING
SELLERS FOR CERTAIN TRAILS OF THE NA-
TIONAL TRAILS SYSTEM ACT.
(a) INTENT.—It is the intent of Congress that lands
and interests in lands for the nine components of the Na-
tional Trails System affected by the amendments made by
subsection (b) shall only be acquired by the Federal Gov-
ernment from willing sellers.
(b) LIMITED ACQUISITION AUTHORITY.—
(1) OREGON
NATIONAL
HISTORIC
TRAIL.—
Paragraph (3) of section 5(a) of the National Trails
System Act (16 U.S.C. 1244(a)) is amended by add-
ing at the end the following new sentence: ‘‘No lands
or interests therein outside the exterior boundaries
of any federally administered area may be acquired
by the Federal Government for the trail except with
the consent of the owner thereof.’’.
(2) MORMON
PIONEER
NATIONAL
HISTORIC
TRAIL.—Paragraph (4) of such section is amended
by adding at the end the following new sentence:
‘‘No lands or interests therein outside the exterior
boundaries of any federally administered area may
be acquired by the Federal Government for the trail
except with the consent of the owner thereof.’’.
(3) CONTINENTAL
DIVIDE
NATIONAL
SCENIC
TRAIL.—Paragraph (5) of such section is amended
by adding at the end the following new sentence:
‘‘No lands or interests therein outside the exterior
boundaries of any federally administered area may
be acquired by the Federal Government for the trail
except with the consent of the owner thereof.’’.
(4) LEWIS
AND
CLARK
NATIONAL
HISTORIC
TRAIL.—Paragraph (6) of such section is amended
by adding at the end the following new sentence:
‘‘No lands or interests therein outside the exterior
boundaries of any federally administered area may
be acquired by the Federal Government for the trail
except with the consent of the owner thereof.’’.
(5) IDITAROD
NATIONAL
HISTORIC
TRAIL.—
Paragraph (7) of such section is amended by adding
at the end the following new sentence: ‘‘No lands or
interests therein outside the exterior boundaries of
any federally administered area may be acquired by
the Federal Government for the trail except with the
consent of the owner thereof.’’.
(6) 
NORTH
COUNTRY
NATIONAL
SCENIC
TRAIL.—Paragraph (8) of such section is amended
by adding at the end the following new sentence:
‘‘No lands or interests therein outside the exterior
boundaries of any federally administered area may
be acquired by the Federal Government for the trail
except with the consent of the owner thereof.’’.
(7) ICE AGE NATIONAL SCENIC TRAIL.—Para-
graph (10) of such section is amended by adding at
the end the following new sentence: ‘‘No lands or in-
terests therein outside the exterior boundaries of any
federally administered area may be acquired by the
Federal Government for the trail except with the
consent of the owner thereof.’’.
(8) POTOMAC
HERITAGE
NATIONAL
SCENIC
TRAIL.—Paragraph (11) of such section is amended
in the fourth sentence by inserting before the period
the following: ‘‘except with the consent of the owner
thereof.’’.
(9) NEZ PERCE NATIONAL HISTORIC TRAIL.—
Paragraph (14) of such section is amended in the
fourth sentence by inserting before the period the
following: ‘‘except with the consent of the owner
thereof.’’.
(c) PROTECTION FOR WILLING SELLERS.—Section 7
of the National Trails System Act (16 U.S.C. 1246) is
amended by adding at the end the following new sub-
section:
‘‘(l) PROTECTION FOR WILLING SELLERS.—If the
Federal Government fails to make payment in accordance
with a contract for the sale of land or an interest in land
for one of the national scenic or historic trails designated
by section 5(a), the seller may utilize any of the remedies
available to the seller under all applicable law, including
electing to void the sale.’’.
(d) CONFORMING AMENDMENT.—Section 10(c) of
the National Trails System Act (16 U.S.C. 1249(c)) is
amended—
(1) by striking paragraph (1); and
(2) by striking ‘‘(2) Except’’ and inserting ‘‘Ex-
cept’’.
Æ