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 fol-
lowing 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ADDITIONS TO TRAIL OF TEARS NATIONAL HIS-
TORIC TRAIL. 
Section 5(a)(16) of the National Trails System Act 
(16 U.S.C. 1244(a)(16)) is amended as follows: 
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(1) By amending subparagraph (C) to read as 
follows: 
‘‘(C) In addition to the areas otherwise 
designated under this paragraph, the following 
routes and land components by which the Cher-
okee Nation was removed to Oklahoma are 
components of the Trail of Tears National His-
toric Trail: 
‘‘(i) The Benge and Bell routes. 
‘‘(ii) The land components of the des-
ignated water routes in Alabama, Arkan-
sas, Oklahoma, and Tennessee. 
‘‘(iii) The routes from the collection 
forts in Alabama, Georgia, North Carolina, 
and Tennessee to the emigration depots. 
‘‘(iv) The related campgrounds located 
along the routes and land components de-
scribed in clauses (i) through (iii).’’. 
(2) By striking the first sentence in subpara-
graph (D). 
(3) By adding at the end the following new sub-
paragraphs: 
‘‘(E) The Secretary may not use eminent 
domain to acquire lands for the Trail of Tears 
National Historic Trail and shall only include 
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lands in that trail that are consistent with and 
appropriate to the purpose for which the trail 
was designated. 
‘‘(F) Nothing in this paragraph shall be 
construed to— 
‘‘(i) require any private property 
owner to allow public access (including 
Federal, State, or local government access) 
to such private property; 
‘‘(ii) modify any provision of Federal, 
State, or local law with regard to public 
access to or use of private property; 
‘‘(iii) modify the authority of Federal, 
State, or local governments to regulate 
land use; 
‘‘(iv) require the owner of any private 
property located within the boundaries of 
the trail to participate in or be associated 
with the trail; 
‘‘(v) provide any nonexisting regu-
latory authority on land use within the 
trail; or 
‘‘(vi) be considered to create any li-
ability, or to have any effect on any liabil-
ity under any other law, of any private 
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property owner with respect to any persons 
injured on such private property. 
‘‘(G) The boundaries designated for the 
trail represent the area within which Federal 
funds appropriated for the purpose of this para-
graph may be expended.’’. 
Æ 
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