I 
116TH CONGRESS 
2D SESSION 
H. R. 8771 
To amend the National Trails System Act to designate the Chisholm National 
Historic Trail and the Western National Historic Trail, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2020 
Mr. ESTES (for himself, Mr. MARSHALL, Ms. KENDRA S. HORN of Oklahoma, 
Mr. ARRINGTON, Mr. COLE, and Mr. WATKINS) introduced the following 
bill; which was referred to the Committee on Natural Resources 
A BILL 
To amend the National Trails System Act to designate the 
Chisholm National Historic Trail and the Western Na-
tional 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. SHORT TITLE. 
This Act may be cited as the ‘‘Chisholm National 
Historic Trail and Western National Historic Trail Des-
ignation Act’’. 
VerDate Sep 11 2014 
04:50 Nov 28, 2020
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8771.IH
H8771
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. DESIGNATION OF THE CHISHOLM NATIONAL HIS-
TORIC TRAIL AND THE WESTERN NATIONAL 
HISTORIC TRAIL. 
Section 5(a) of the National Trails System Act (16 
U.S.C. 1244(a)) is amended by adding at the end the fol-
lowing: 
‘‘(31) CHISHOLM
NATIONAL
HISTORIC
TRAIL; 
WESTERN NATIONAL HISTORIC TRAIL.— 
‘‘(A) ESTABLISHMENT.— 
‘‘(i) CHISHOLM
NATIONAL
HISTORIC 
TRAIL.—The Chisholm National Historic 
Trail, a trail used by ranchers and drovers 
to move cattle to market between the 
1850s and the 1880s, extending along a 
route of approximately 1,378 miles from 
Kingsville, Texas, through Cuero and San 
Antonio, Texas, northward through Okla-
homa to Abilene, Kansas, as generally de-
picted on the maps numbered 1 through 6 
contained in the report prepared by the 
National Park Service entitled ‘Chisholm 
and Great Western National Historic Trail 
Feasibility Study/Environmental Assess-
ment’ and dated May 2019. 
‘‘(ii) WESTERN
NATIONAL
HISTORIC 
TRAIL.—The Western National Historic 
VerDate Sep 11 2014 
04:50 Nov 28, 2020
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8771.IH
H8771
kjohnson on DSK79L0C42PROD with BILLS
Trail, a trail used by ranchers and drovers 
to move cattle to market between the 
1850s and the 1880s, extending along a 
route of approximately 1,350 miles from 
Kingsville, Texas, northward through Okla-
homa and Dodge City, Kansas, to Ogallala, 
Nebraska, as generally depicted on the 
maps numbered 1 through 6 contained in 
the report prepared by the National Park 
Service entitled ‘Chisholm and Great West-
ern National Historic Trail Feasibility 
Study/Environmental 
Assessment’ 
and 
dated May 2019. 
‘‘(B) AVAILABILITY OF MAP.—The maps 
described in subparagraph (A) shall be on file 
and available for public inspection in the appro-
priate offices of the Department of the Interior. 
‘‘(C) ADMINISTRATION.— 
‘‘(i) IN GENERAL.—The Secretary of 
the Interior shall administer the trails es-
tablished by subparagraph (A) as a single 
administrative unit. 
‘‘(ii) ADMINISTRATION
OF
PORTIONS 
OF TRAIL ON NON-FEDERAL LAND.— 
VerDate Sep 11 2014 
04:50 Nov 28, 2020
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8771.IH
H8771
kjohnson on DSK79L0C42PROD with BILLS
‘‘(I) REQUIREMENTS FOR ADMIN-
ISTRATION.—The Secretary of the In-
terior shall administer any portion of 
a trail established by subparagraph 
(A) that is located on non-Federal 
land only— 
‘‘(aa) with the voluntary 
consent of the owner of the non- 
Federal land; and 
‘‘(bb) if the portion qualifies 
for certification as a component 
of the applicable trail, consistent 
with section 3(a)(3). 
‘‘(II) 
CERTIFICATION
AGREE-
MENT.— 
‘‘(aa) IN
GENERAL.—The 
approval by an owner of applica-
ble non-Federal land of a certifi-
cation agreement shall satisfy the 
consent requirements of sub-
clause (I)(aa). 
‘‘(bb) 
TERMINATION.—A 
certification agreement referred 
to in item (aa) may be termi-
nated at any time. 
VerDate Sep 11 2014 
04:50 Nov 28, 2020
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8771.IH
H8771
kjohnson on DSK79L0C42PROD with BILLS
‘‘(iii) ACCESS
TO
PRIVATE
PROP-
ERTY.—The establishment of a trail by 
subparagraph (A) does not authorize any 
person to enter private property without 
the consent of the owner of the private 
property. 
‘‘(iv) RECOGNITION OF ALTERNATIVE 
NAMES
FOR
TRAILS.—In referring to a 
trail established by subparagraph (A) in 
maps and other documents, the Secretary 
of the Interior may acknowledge and use 
any alternative name that was historically 
used to reference the trail. 
‘‘(D) LAND ACQUISITION.— 
‘‘(i) DONATION.—The Secretary of 
the Interior may accept a donation of land 
or an interest in land for a trail estab-
lished by subparagraph (A). 
‘‘(ii) LIMITATION.—The Secretary of 
the Interior may not acquire for a trail es-
tablished by subparagraph (A) any land or 
interest in land— 
‘‘(I) that is located outside the 
exterior boundary of any federally 
managed area without the consent of 
VerDate Sep 11 2014 
04:50 Nov 28, 2020
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H8771.IH
H8771
kjohnson on DSK79L0C42PROD with BILLS
the owner of the land or interest in 
land; or 
‘‘(II) that extends more than an 
average of 1⁄4 of a mile on either side 
of a trail established by subparagraph 
(A). 
‘‘(E) EFFECT ON ENERGY DEVELOPMENT, 
PRODUCTION, OR
TRANSMISSION.—Nothing in 
this paragraph, the acquisition of land or an in-
terest in land authorized by this paragraph, or 
any management plan for a trail established by 
subparagraph (A) prohibits, hinders, or dis-
rupts the development, production, or trans-
mission of energy. 
‘‘(F) NO BUFFER ZONES.— 
‘‘(i) IN
GENERAL.—Nothing in this 
paragraph, the acquisition of land or an in-
terest in land authorized by this para-
graph, or any management plan for a trail 
established by subparagraph (A) creates a 
buffer zone. 
‘‘(ii) OUTSIDE ACTIVITIES.—The fact 
that an activity or use on land outside a 
trail established by subparagraph (A) can 
be seen, heard, or detected from the appli-
VerDate Sep 11 2014 
04:50 Nov 28, 2020
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H8771.IH
H8771
kjohnson on DSK79L0C42PROD with BILLS
cable trail, including from any land or in-
terest in land acquired for the applicable 
trail, shall not preclude, limit, control, reg-
ulate, or determine the conduct or manage-
ment of the activity or use outside the ap-
plicable trail. 
‘‘(G) NO EMINENT DOMAIN OR CONDEMNA-
TION.—Land or an interest in land may not be 
acquired for a trail established by subparagraph 
(A) by eminent domain or condemnation. 
‘‘(H) INVENTORY OF SITES; ADMINISTRA-
TIVE
COSTS.—The Secretary of the Interior 
shall be responsible for— 
‘‘(i) the costs of any inventory to iden-
tify and define potential sites and seg-
ments for inclusion in a trail established by 
subparagraph (A); and 
‘‘(ii) any other applicable administra-
tive costs relating to a trail established by 
that subparagraph. 
‘‘(I) NOT A DESIGNATION OF ‘LANDS IN 
THE
NATIONAL
PARK
SYSTEM’.—Notwith-
standing any other provision of law, the estab-
lishment of a trail by subparagraph (A) shall 
not have the effect of designating the trail or 
VerDate Sep 11 2014 
04:50 Nov 28, 2020
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H8771.IH
H8771
kjohnson on DSK79L0C42PROD with BILLS
any land on which the trail is located as ‘lands 
in the National Park System’ for purposes of 
section 28(b)(1) of the Mineral Leasing Act (30 
U.S.C. 185(b)(1)). 
‘‘(J) NO
NEW
AUTHORITIES
OR
PER-
MITS.— 
‘‘(i) NO EFFECT ON AUTHORITY TO 
GRANT EASEMENTS OR RIGHTS-OF-WAY.— 
‘‘(I) 
IN
GENERAL.—Notwith-
standing any other provision of law, 
the establishment of a trail by sub-
paragraph (A) shall not alter or affect 
the existing authority of any Federal, 
State, or local agency or official to 
grant easements or rights-of-way over, 
under, across, or along any portion of 
the trail. 
‘‘(II) AUTHORITY OF HEADS OF 
FEDERAL AGENCIES TO GRANTS EASE-
MENTS OR RIGHTS-OF-WAY.—Notwith-
standing the establishment of a trail 
by subparagraph (A), the head of any 
Federal agency having jurisdiction 
over any Federal land on which the 
trail is located (other than land that 
VerDate Sep 11 2014 
04:50 Nov 28, 2020
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H8771.IH
H8771
kjohnson on DSK79L0C42PROD with BILLS