I
106TH CONGRESS
1ST SESSION
H. R. 2267
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
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 1999 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 na-
tional historic trails (referred to in this Act as the
‘‘trails’’), the rate of progress towards developing
and completing 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 in-
tended by Congress, acquisition authority to secure
necessary rights-of-way and historic sites and seg-
ments, limited to acquisition from willing sellers
only, and specifically 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 pri-
vate persons with an interest in the trails to pursue
the development of the trails; and
(2) be granted sufficient authority to purchase
lands from willing sellers that are critical to the
completion 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 Sys-
tem affected by this Act shall only be acquired by the Fed-
eral 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 ‘‘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 acquisi-
tion of any land or interest in land outside of the exterior
boundaries of existing Federal lands for the Continental
Divide National Scenic Trail, the North Country National
Scenic Trail, the Ice Age National Scenic Trail, the Or-
egon National Historic Trail, the Mormon Pioneer Na-
tional Historic Trail, the Lewis and Clark National His-
toric 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 accord-
ance 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.’’.
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