IB
Union Calendar No. 501
106TH CONGRESS
2D SESSION
H. R. 2267
[Report No. 106–846]
To amend the National Trails System Act to clarify Federal authority relating
to land acquisition from willing sellers for the majority of the trails,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 17, 1999
Mr. MCINNIS (for himself, Mr. HEFLEY, Mr. SCHAFFER, Mr. TANCREDO, Mr.
UDALL of Colorado, Mr. BARRETT of Wisconsin, Mr. KIND, Mr.
WHITFIELD, Mr. POMBO, Mr. BEREUTER, Mr. VENTO) introduced the
following bill; which was referred to the Committee on Resources
SEPTEMBER 14, 2000
Additional sponsors: Mr. HINCHEY, Ms. BALDWIN, Mr. FOLEY, Mr.
RODRIGUEZ, Mr. BOEHLERT, Mr. COOK, Mr. SHAW, Mr. TRAFICANT, Mr.
KLECZKA, Mr. GILCHREST, Mr. DOOLITTLE, Mr. EHLERS, Mr.
KNOLLENBERG, Mr. BROWN of Ohio, Mrs. WILSON, Mr. REGULA, Mr.
OBEY, Mr. PETRI, Mr. KLINK, Mr. ENGLISH, Mr. WAMP, Mr. BONIOR,
Mr. CANNON, Mr. HOUGHTON, Mr. WEXLER, Ms. LEE, Mr. PETERSON
of Pennsylvania, and Mr. SCARBOROUGH
SEPTEMBER 14, 2000
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on June 17, 1999]
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, 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 ‘‘Willing Seller Amend-
ments of 2000 to the National Trails System Act’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) In spite of commendable efforts by the gov-
ernments of States and political subdivisions of States
and private volunteer trail groups to develop, operate,
and maintain the national scenic and national his-
toric trails (referred to in this Act as the ‘‘trails’’),
the rate of progress towards developing and com-
pleting the trails is slower than anticipated.
(2) Nine national scenic and historic trails were
authorized by Congress between 1978 and 1986 with
restrictions totally excluding Federal authority for
land acquisition. To complete these trails as intended
by Congress, acquisition authority to secure necessary
rights-of-way and historic sites and segments, limited
to acquisition from willing sellers only, and specifi-
cally excluding condemnation, should be extended to
the Secretary administering those trails.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that in order to address the
problems involving multijurisdictional authority over the
national trails system, the head of each Federal agency with
jurisdiction over an individual trail should—
(1) cooperate with appropriate officials of States
and political subdivisions of States and private per-
sons with an interest in the trails to pursue the devel-
opment of the trails; and
(2) be granted sufficient authority to purchase
lands from willing sellers that are critical to the com-
pletion of the trails.
SEC. 4. INTENT.
It is the intent of Congress that lands or interests in
lands for the 9 components of the National Trails System
affected by this Act shall only be acquired by the Federal
Government from willing sellers.
SEC. 5. AMENDMENTS TO THE NATIONAL TRAILS SYSTEM
ACT.
The National Trails System Act (16 U.S.C. 1241 et
seq.) is amended—
(1) in section 5(a)—
(A) in the fourth sentence of paragraph
(11)—
(i) by striking ‘‘No lands or interest
therein outside the exterior’’ and inserting
‘‘No lands or interest in lands outside of the
exterior’’; and
(ii) by inserting before the period the
following: ‘‘without the consent of the owner
of the land or interest’’; and
(B) in the fourth sentence of paragraph
(14)—
(i) by striking ‘‘No lands or interests
therein outside the exterior’’ and inserting
‘‘No land or interest in land outside of the
exterior’’; and
(ii) by inserting before the period the
following: ‘‘without the consent of the owner
of the land or interest’’; and
(2) in section 10(c), by striking paragraph (1)
and inserting the following new paragraph:
‘‘(c)(1) Notwithstanding any other provision of law
(including any other provision of this Act), no funds may
be expended by the Federal Government for the acquisition
of any land or interest in land outside of the exterior bound-
aries of existing Federal lands for the Continental Divide
National Scenic Trail, the North Country National Scenic
Trail, the Ice Age National Scenic Trail, the Potomac Her-
itage National Scenic Trail, the Oregon National Historic
Trail, the Mormon Pioneer National Historic Trail, the Nez
Perce National Historic Trail, the Lewis and Clark Na-
tional Historic Trail, or the Iditarod National Historic
Trail, except with the consent of the owner of the land or
interest. If the Federal Government fails to make payment
in accordance with a contract for sale of land or an interest
in land transferred under this paragraph, the seller may
avail himself of all remedies available under all applicable
law, including electing to void the sale.’’.
Union Calendar No. 501
106TH CONGRESS
2D SESSION
H. R. 2267
[Report No. 106–846]
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,
and for other purposes.
SEPTEMBER 14, 2000
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed