I 
118TH CONGRESS 
1ST SESSION H. R. 1317 
To require the Secretary of Agriculture and the Secretary of the Interior 
to prioritize the completion of the Continental Divide National Scenic 
Trail, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 1, 2023 
Mr. NEGUSE (for himself, Ms. LEGER FERNANDEZ, and Ms. STANSBURY) in-
troduced the following bill; which was referred to the Committee on Nat-
ural Resources 
A BILL 
To require the Secretary of Agriculture and the Secretary 
of the Interior to prioritize the completion of the Conti-
nental Divide National Scenic Trail, and for other pur-
poses. 
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 ‘‘Continental Divide 
Trail Completion Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ACEQUIA.—The term ‘‘acequia’’ has the 
meaning given the term ‘‘community ditch’’ in New 
Mexico Stat. 73–2–27. 
(2) LAND
GRANT-MERCED.—The term ‘‘land 
grant-merced’’ means a community land grant 
issued under the laws or customs of the Government 
of Spain or Mexico that is recognized under chapter 
49 of New Mexico Stat. (or a successor statute). 
(3) OPTIMAL
LOCATION
REVIEW.—The term 
‘‘optimal location review’’ means a review conducted 
in accordance with the process described in the 
guide entitled ‘‘Continental Divide National Scenic 
Trail Optimal Location Review Guide’’ and dated 
November 2017. 
(4) SECRETARIES.—The term ‘‘Secretaries’’ 
means each of the Secretary and the Secretary of 
the Interior. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Agriculture, acting through the 
Chief of the Forest Service. 
(6) TEAM.—The term ‘‘Team’’ means the joint 
Forest Service and Bureau of Land Management 
Trail completion team established under section 
3(b). 
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(7) TRAIL.—The term ‘‘Trail’’ means the Con-
tinental Divide National Scenic Trail established by 
section 5(a)(5) of the National Trails System Act 
(16 U.S.C. 1244(a)(5)). 
SEC. 3. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL. 
(a) COMPLETION OF TRAIL.— 
(1) IN
GENERAL.—Not later than November 
10, 2028, the Secretaries shall, to the maximum ex-
tent practicable, ensure the completion of the Trail 
as a contiguous route, consistent with sections 
3(a)(2), 5(a)(5), and 7 of the National Trails Sys-
tem Act (16 U.S.C. 1242(a)(2), 1244(a)(5), 1246). 
(2) REQUIRED
ACTIVITIES.—The Secretaries 
shall, to the maximum extent practicable, carry out 
necessary activities to achieve the goal described in 
paragraph (1), including the following activities, in 
the following order of priority: 
(A) Complete the Trail by acquiring land 
or an interest in land, entering into easement 
agreements, or encouraging a State or local 
government to enter into a cooperative agree-
ment to acquire any interest in land, that is 
necessary— 
(i) to eliminate gaps between sections 
of the Trail; and 
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(ii) to maintain the nature and pur-
poses of the Trail. 
(B) If appropriate and supported by local 
affected stakeholders, optimize the Trail by re-
locating, consistent with the nature and pur-
poses of the Trail, existing incompatible por-
tions of the Trail onto Federal land as nec-
essary to provide for— 
(i) maximum outdoor recreation po-
tential; 
(ii) the conservation and enjoyment of 
the nationally significant scenic, historic, 
natural, or cultural qualities of the areas 
through which the Trail passes; 
(iii) continuity in land ownership, if 
desired by the owner of the affected land; 
and 
(iv) segments of the Trail that are 
comparable in length to the segments of 
the Trail being relocated. 
(C) Publish maps of the completed corridor 
of the Trail. 
(b) TRAIL COMPLETION TEAM.— 
(1) IN GENERAL.—In carrying out subsection 
(a), not later than 1 year after the date of enact-
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ment of this Act, the Secretaries shall establish a 
joint Forest Service and Bureau of Land Manage-
ment Trail completion team to work in coordination 
with the administrator of the Trail to facilitate the 
completion and optimization of the Trail, pursuant 
to the purposes of section 3(a)(2) of the National 
Trails System Act (16 U.S.C. 1242(a)(2)), con-
sistent with the nature and purposes of the Trail. 
(2) DUTIES OF THE TEAM.—The Team shall— 
(A) carry out land and right-of-way acqui-
sitions, easement acquisitions, relocations, and 
Trail construction activities, consistent with any 
optimal location reviews, giving priority to land 
that— 
(i) eliminates gaps between segments 
of the Trail; 
(ii) may be acquired for the Trail by 
the Secretary or the Secretary of the Inte-
rior by— 
(I) purchase from a willing seller; 
(II) donation; 
(III) exchange; 
(IV) cooperative agreement; or 
(V) easement agreement; 
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(iii) is best suited for inclusion in the 
Trail corridor in accordance with the pur-
poses, policy, and provisions of the Na-
tional Trails System Act (16 U.S.C. 1241 
et seq.); 
(iv) if appropriate and supported by 
local affected stakeholders, has been identi-
fied as a segment of the Trail on Federal 
land that should be relocated to provide for 
maximum outdoor recreation potential and 
the conservation and enjoyment of the na-
tionally significant scenic, historic, natural, 
or cultural qualities of the areas through 
which the Trail passes; 
(v) mitigates land use conflicts; 
(vi) would support the development of 
rural communities through use as a trail; 
and 
(vii) minimizes the distance to connect 
compatible segments of the Trail; 
(B) provide the necessary administrative 
and technical support to complete conveyances 
of the Trail corridor under subsection (a); 
(C) as appropriate, consult with other Fed-
eral agencies, Governors of the affected States, 
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affected Indian Tribes, local governments, af-
fected 
land 
owners, 
land-grant 
mercedes, 
acequias, and applicable owners or users of a 
land grant-merced or acequia, the Continental 
Divide Trail Coalition, and other volunteer and 
nonprofit organizations that assist in the devel-
opment, maintenance, and management of the 
Trail; and 
(D) support the Secretary in the develop-
ment of the comprehensive development plan 
for the Trail under subsection (c) and annual 
reports under subsection (f). 
(c) COMPREHENSIVE DEVELOPMENT PLAN.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of establishment of the Team under sub-
section (b), the Secretary shall submit to the Com-
mittee on Energy and Natural Resources of the Sen-
ate and the Committee on Natural Resources of the 
House of Representatives a comprehensive develop-
ment plan for the Trail. 
(2) RECOMMENDED
INCLUSIONS.—The plan 
submitted under paragraph (1) should— 
(A) identify any gaps in the Trail with re-
spect to which the Secretaries have not been 
able to acquire land or interests in land by pur-
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chase from a willing seller, donation, exchange, 
cooperative agreement, or easement agreement; 
(B) include a plan for closing the gaps 
identified under paragraph (1) by acquiring 
land or interests in land or entering into an 
easement agreement; and 
(C) include general and site-specific devel-
opment plans, including anticipated costs. 
(d) METHOD OF ACQUISITION.—In carrying out this 
section, the Secretaries— 
(1) may acquire land or an interest in land only 
by— 
(A) purchase from a willing seller with do-
nated or appropriated funds; 
(B) donation; 
(C) exchange; 
(D) cooperative agreement; or 
(E) easement agreement; and 
(2) may not acquire land or an interest in land 
by eminent domain. 
(e) MAINTAINING
EXISTING
PARTNERSHIPS.—In 
carrying out this section, the Secretaries shall continue to 
maintain and develop working relationships with volunteer 
and nonprofit organizations that assist in the develop-
ment, maintenance, and management of the Trail. 
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(f) REPORTS.—Not later than September 30, 2025, 
and not later than the end of each fiscal year thereafter 
until the date on which the comprehensive development 
plan for the Trail is determined by the Secretary to be 
fully implemented, the Secretary shall submit to the Com-
mittee on Energy and Natural Resources of the Senate 
and the Committee on Natural Resources of the House 
of Representatives a report that includes the following: 
(1) A description of the progress of the Secre-
taries in acquiring land or interests in land to com-
plete the Trail consistent with this Act. 
(2) The quantity of land or interests in land ac-
quired during the fiscal year and the amount ex-
pended for the land or interests in land. 
(3) The quantity of land or interests in land 
planned for acquisition in the subsequent fiscal year 
and the estimated cost of the land or interests in 
land. 
(4) The estimated quantity of land or interests 
in land remaining to be acquired after taking into 
account the acquisitions under paragraphs (2) and 
(3). 
(5) The existing number of miles of the Trail 
on Federal land that need to be relocated to provide 
for— 
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(A) maximum outdoor recreation potential; 
and 
(B) conservation and enjoyment of the na-
tionally significant scenic, historic, natural, or 
cultural qualities of the areas through which 
the Trail passes. 
Æ 
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