In the Senate of the United States,
November 20 (legislative day, November 19), 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 37) entitled ‘‘An Act to amend the National
Trails System Act to update the feasibility and suitability
studies of 4 national historic trails and provide for possible
additions to such trails.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
TITLE I—NATIONAL HISTORIC
TRAILS STUDIES
SEC. 101. REVISION OF FEASIBILITY AND SUITABILITY
STUDIES OF EXISTING NATIONAL HISTORIC
TRAILS.
Section 5 of the National Trails System Act (16 U.S.C.
1244) is amended by inserting the following new subsection:
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‘‘(g) The Secretary shall revise the feasibility and suit-
ability studies for certain national trails for consideration
of possible additions to the trails:
‘‘(1) IN GENERAL.—
‘‘(A) DEFINITIONS.—In this subsection:
‘‘(i) ROUTE.—The term ‘route’ includes
a trail segment commonly known as a cut-
off.
‘‘(ii) 
SHARED
ROUTE.—The 
term
‘shared’ route means a route that was a seg-
ment of more than one historic trail, in-
cluding a route shared with an existing na-
tional historic trail.
‘‘(B) STUDY
REQUIREMENTS
AND
OBJEC-
TIVES.—The study requirements and objectives
specified in subsection (b) shall apply to a study
required by this subsection.
‘‘(C) COMPLETION
AND
SUBMISSION
OF
STUDY.—A study listed in this subsection shall
be completed and submitted to the Congress not
later than 3 complete fiscal years from the date
of the enactment of this subsection, or from the
date of the enactment of the addition of the study
to this subsection, whichever is later.
‘‘(2) OREGON NATIONAL HISTORIC TRAIL.—
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‘‘(A) STUDY REQUIRED.—The Secretary of
the Interior shall undertake a study of the routes
of the Oregon Trail listed in subparagraph (B)
and generally depicted on the map entitled
‘Western Emigrant Trails 1830/1870’ and dated
1991/1993, and of such other routes of the Or-
egon Trail that the Secretary considers appro-
priate, to determine the feasibility and suit-
ability of designation of one or more of the
routes as components of the Oregon National
Historic Trail.
‘‘(B) COVERED ROUTES.—The routes to be
studied under subparagraph (A) shall include the
following:
‘‘(i) Whitman Mission route.
‘‘(ii) Upper Columbia River.
‘‘(iii) Cowlitz River route.
‘‘(iv) Meek cutoff.
‘‘(v) Free Emigrant Road.
‘‘(vi) North Alternate Oregon Trail.
‘‘(vii) Goodale’s cutoff.
‘‘(viii) North Side alternate route.
‘‘(ix) Cutoff to Barlow Road.
‘‘(x) Naches Pass Trail.
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‘‘(3) 
PONY
EXPRESS
NATIONAL
HISTORIC
TRAIL.—The Secretary of the Interior shall undertake
a study of the approximately 20-mile southern alter-
native route of the Pony Express Trail from Wathena,
Kansas, to Troy, Kansas, and such other routes of the
Pony Express Trail that the Secretary considers ap-
propriate, to determine the feasibility and suitability
of designation of one or more of the routes as compo-
nents of the Pony Express National Historic Trail.
‘‘(4) CALIFORNIA NATIONAL HISTORIC TRAIL.—
‘‘(A) STUDY REQUIRED.—The Secretary of
the Interior shall undertake a study of the Mis-
souri Valley, central, and western routes of the
California Trail listed in subparagraph (B) and
generally depicted on the map entitled ‘Western
Emigrant Trails 1830/1870’ and dated 1991/
1993, and of such other and shared Missouri
Valley, central, and western routes that the Sec-
retary considers appropriate, to determine the
feasibility and suitability of designation of one
or more of the routes as components of the Cali-
fornia National Historic Trail.
‘‘(B) COVERED ROUTES.—The routes to be
studied under subparagraph (A) shall include the
following:
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‘‘(i) MISSOURI VALLEY ROUTES.—
‘‘(I) 
Blue 
Mills-Independence
Road.
‘‘(II) Westport Landing Road.
‘‘(III) Westport-Lawrence Road.
‘‘(IV) 
Fort 
Leavenworth-Blue
River route.
‘‘(V) Road to Amazonia.
‘‘(VI) Union Ferry Route.
‘‘(VII) 
Old 
Wyoming-Nebraska
City cutoff.
‘‘(VIII) Lower Plattsmouth Route.
‘‘(IX) Lower Bellevue Route.
‘‘(X) Woodbury cutoff.
‘‘(XI) Blue Ridge cutoff.
‘‘(XII) Westport Road.
‘‘(XIII) Gum Springs-Fort Leav-
enworth route.
‘‘(XIV) 
Atchison/Independence
Creek routes.
‘‘(XV) Fort Leavenworth-Kansas
River route.
‘‘(XVI) 
Nebraska 
City 
cutoff
routes.
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‘‘(XVII) 
Minersville-Nebraska
City Road.
‘‘(XVIII) 
Upper 
Plattsmouth
route.
‘‘(XIX) Upper Bellevue route.
‘‘(ii) CENTRAL ROUTES.—
‘‘(I) Cherokee Trail, including
splits.
‘‘(II) Weber Canyon route of
Hastings cutoff.
‘‘(III) Bishop Creek cutoff.
‘‘(IV) McAuley cutoff.
‘‘(V) Diamond Springs cutoff.
‘‘(VI) Secret Pass.
‘‘(VII) Greenhorn cutoff.
‘‘(VIII) Central Overland Trail.
‘‘(iii) WESTERN ROUTES.—
‘‘(I) Bidwell-Bartleson route.
‘‘(II) 
Georgetown/Dagget 
Pass
Trail.
‘‘(III) Big Trees Road.
‘‘(IV) Grizzly Flat cutoff.
‘‘(V) Nevada City Road.
‘‘(VI) Yreka Trail.
‘‘(VII) Henness Pass route.
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‘‘(VIII) Johnson cutoff.
‘‘(IX) Luther Pass Trail.
‘‘(X) Volcano Road.
‘‘(XI) Sacramento-Coloma Wagon
Road.
‘‘(XII) Burnett cutoff.
‘‘(XIII) Placer County Road to
Auburn.
‘‘(5) MORMON
PIONEER
NATIONAL
HISTORIC
TRAIL.—
‘‘(A) STUDY REQUIRED.—The Secretary of
the Interior shall undertake a study of the routes
of the Mormon Pioneer Trail listed in subpara-
graph (B) and generally depicted on the map en-
titled ‘Western Emigrant Trails 1830/1870’ and
dated 1991/1993, and of such other routes of the
Mormon Pioneer Trail that the Secretary con-
siders appropriate, to determine the feasibility
and suitability of designation of one or more of
the routes as components of the Mormon Pioneer
National Historic Trail.
‘‘(B) COVERED ROUTES.—The routes to be
studied under subparagraph (A) shall include the
following:
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‘‘(i) 1846 Subsequent routes A and B
(Lucas and Clarke Counties, Iowa).
‘‘(ii) 1856–57 Handcart route (Iowa
City to Council Bluffs).
‘‘(iii) Keokuk route (Iowa).
‘‘(iv) 1847 Alternative Elkhorn and
Loup River Crossings in Nebraska.
‘‘(v) Fort Leavenworth Road; Ox Bow
route and alternates in Kansas and Mis-
souri (Oregon and California Trail routes
used by Mormon emigrants).
‘‘(vi) 1850 Golden Pass Road in Utah.
‘‘(6) SHARED CALIFORNIA AND OREGON TRAIL
ROUTES.—
‘‘(A) STUDY REQUIRED.—The Secretary of
the Interior shall undertake a study of the shared
routes of the California Trail and Oregon Trail
listed in subparagraph (B) and generally de-
picted on the map entitled ‘Western Emigrant
Trails 1830/1870’ and dated 1991/1993, and of
such other shared routes that the Secretary con-
siders appropriate, to determine the feasibility
and suitability of designation of one or more of
the routes as shared components of the California
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National Historic Trail and the Oregon National
Historic Trail.
‘‘(B) COVERED ROUTES.—The routes to be
studied under subparagraph (A) shall include the
following:
‘‘(i) St. Joe Road.
‘‘(ii) Council Bluffs Road.
‘‘(iii) Sublette cutoff.
‘‘(iv) Applegate route.
‘‘(v) Old Fort Kearny Road (Oxbow
Trail).
‘‘(vi) Childs cutoff.
‘‘(vii) Raft River to Applegate.’’.
TITLE II—NATIONAL TRAILS SYS-
TEM ACQUISITION AUTHORI-
TIES
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘National Trails System
Willing Seller Act’’.
SEC. 202. FINDINGS.
The Congress finds the following:
(1) In spite of commendable efforts by State and
local governments and private volunteer trail groups
to develop, operate, and maintain the national scenic
and national historic trails designated by Act of Con-
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gress in section 5(a) of the National Trails System
Act (16 U.S.C. 1244(a)), the rate of progress towards
developing and completing the trails is slower than
anticipated.
(2) Nine of the 12 national scenic and historic
trails designated between 1978 and 1986 are subject
to restrictions totally excluding Federal authority for
land acquisition outside the exterior boundaries of
any federally administered area, including the North
Country National Scenic Trail, the Ice Age National
Scenic Trail, and the Potomac Heritage National
Scenic Trail.
(3) To complete the North Country National Sce-
nic Trail, the Ice Age National Scenic Trail, and the
Potomac Heritage National Scenic Trail 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 the use of condemnation, should be ex-
tended to the Secretary of the Federal department ad-
ministering these trails.
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SEC. 203. SENSE OF THE CONGRESS REGARDING MULTI-
JURISDICTIONAL AUTHORITY OVER THE NA-
TIONAL TRAILS SYSTEM.
It is the sense of the Congress that in order to address
the problems involving multijurisdictional authority over
the National Trails System, the Secretary of the Federal
department with jurisdiction over a national scenic or his-
toric trail should—
(1) cooperate with appropriate officials of each
State and political subdivisions of each State in
which the trail is located and private persons with an
interest in the trail to pursue the development of the
trail; and
(2) be granted sufficient authority to purchase
lands and interests in lands from willing sellers that
are critical to the completion of the trail.
SEC. 204. AUTHORITY TO ACQUIRE LANDS FROM WILLING
SELLERS FOR CERTAIN TRAILS OF THE NA-
TIONAL TRAILS SYSTEM ACT.
(a) LIMITED ACQUISITION AUTHORITY.—
(1) NORTH COUNTRY NATIONAL SCENIC TRAIL.—
Section 5(a)(8) of the National Trails System Act (16
U.S.C. 1244(a)(8)) is amended by adding at the end:
‘‘No lands or interests therein outside the exterior
boundaries of any federally administered area may be
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acquired by the Federal Government for the trail ex-
cept with the consent of the owner thereof.’’.
(2) ICE AGE NATIONAL SCENIC TRAIL.—Section
5(a)(10) of the National Trails System Act (16 U.S.C.
1244(a)(10)) is amended by adding at the end: ‘‘No
lands or interests therein outside the exterior bound-
aries of any federally administered area may be ac-
quired by the Federal Government for the trail except
with the consent of the owner thereof.’’.
(3) POTOMAC
HERITAGE
NATIONAL
SCENIC
TRAIL.—Section 5(a)(11) of the National Trails Sys-
tem Act (16 U.S.C. 1244(a)(11)) is amended by add-
ing at the end: ‘‘No lands or interests therein outside
the exterior boundaries of any federally administered
area may be acquired by the Federal Government for
the trail except with the consent of the owner there-
of.’’.
(b) CONFORMING AMENDMENT.—Section 10(c)(1) of
the National Trails System Act (16 U.S.C. 1249(c)(1)) is
amended by striking ‘‘the North Country National Scenic
Trail, The Ice Age National Scenic Trail.’’.
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TITLE III—OLD SPANISH TRAIL
NATIONAL HISTORIC TRAIL
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Old Spanish Trail Rec-
ognition Act of 2002’’.
SEC. 302. AUTHORIZATION AND ADMINISTRATION.
Section 5(a) of the National Trails System Act (16
U.S.C. 1244(a)) is amended—
(1) by redesignating the second paragraph (21)
as paragraph (22); and
(2) by adding at the end the following:
‘‘(23) OLD
SPANISH
NATIONAL
HISTORIC
TRAIL.—
‘‘(A) IN GENERAL.—The Old Spanish Na-
tional Historic Trail, an approximately 2,700
mile long trail extending from Santa Fe, New
Mexico, to Los Angeles, California, that served as
a major trade route between 1829 and 1848, as
generally depicted on the maps numbered 1
through 9, as contained in the report entitled
‘Old Spanish Trail National Historic Trail Fea-
sibility Study’, dated July 2001, including the
Armijo Route, Northern Route, North Branch,
and Mojave Road’’.
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‘‘(B) MAP.—A map generally depicting the
trail shall be on file and available for public in-
spection in the appropriate offices of the Depart-
ment of the Interior.
‘‘(C) ADMINISTRATION.—The trail shall be
administered by the Secretary of the Interior (re-
ferred to in this paragraph as the ‘Secretary’).
‘‘(D) 
LAND
ACQUISITION.—The 
United
States shall not acquire for the trail any land or
interest in land outside the exterior boundary of
any federally-managed area without the consent
of the owner of the land or interest in land.
‘‘(E) CONSULTATION.—The Secretary shall
consult with other Federal, State, local, and trib-
al agencies in the administration of the trail.
‘‘(F) ADDITIONAL ROUTES.—The Secretary
may designate additional routes to the trail if—
‘‘(i) the additional routes were in-
cluded in the Old Spanish Trail National
Historic Trail Feasibility Study, but were
not recommended for designation as a na-
tional historic trail; and
‘‘(ii) the Secretary determines that the
additional routes were used for trade and
commerce between 1829 and 1848.’’.
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TITLE IV—LEWIS AND CLARK NA-
TIONAL HISTORIC TRAIL AD-
DITION
SEC. 401. SHORT TITLE.
This title may be cited as the ‘‘Lewis and Clark Na-
tional Historic Trail Amendments Act of 2002’’.
SEC. 402. FINDINGS.
Congress finds that—
(1) the National Trails System—
(A) was established in 1968 to—
(i) provide additional recreational op-
portunities to the people of the United
States; and
(ii) preserve access to outdoor areas
and historical resources of the United
States; and
(B) since 1968, has been modified to—
(i) recognize new categories of trails;
and
(ii) expand trails;
(2) the Lewis and Clark National Historic Trail,
as designated in 1978, omits several historically sig-
nificant sites relating to the Lewis and Clark Expedi-
tion;
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(3) Meriwether Lewis and William Clark gath-
ered at the Falls of the Ohio, located in Clarksville,
Indiana, and Louisville, Kentucky, to plan and pre-
pare for the expedition;
(4) the Falls of the Ohio was also the site at
which—
(A) Lewis and Clark selected the first en-
listed members of the expedition; and
(B) those members were sworn into the
Army at a ceremony witnessed by General
George Rogers Clark;
(5) on July 13, 2001, the National Park Service
certified the Falls of the Ohio as an official Lewis and
Clark site associated with the Lewis and Clark Na-
tional Historic Trail;
(6) on July 22, 2002, the National Park Service
certified historic Locust Grove in Louisville, Ken-
tucky, as an official Lewis and Clark site associated
with the Lewis and Clark National Historic Trail;
(7) the National Council of the Lewis and Clark
Bicentennial has designated the Falls of the Ohio as
a national signature event site at which to commemo-
rate, during October 2003, the bicentennial of events
in the area relating to the Lewis and Clark Expedi-
tion; and
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(8) the areas in and around Clarksville, Indi-
ana, and Louisville, Kentucky, including the Falls of
the Ohio—
(A) are the sites of events that were signifi-
cant to the Lewis and Clark Expedition; and
(B) should be recognized and protected as
components of the Lewis and Clark National
Historic Trail.
SEC. 403. EXTENSION OF LEWIS AND CLARK NATIONAL HIS-
TORIC TRAIL.
Section 5(a)(6) of the National Trails System Act (16
U.S.C. 1244(a)(6)) is amended—
(1) by striking ‘‘(6) The’’ and inserting the fol-
lowing:
‘‘(6) LEWIS
AND
CLARK
NATIONAL
HISTORIC
TRAIL.—
‘‘(A) IN GENERAL.—The’’; and
(2) by inserting after subparagraph (A) (as des-
ignated by paragraph (1)) the following:
‘‘(B) ADDITIONAL ROUTE.—In addition to
the route described in subparagraph (A), the
Lewis and Clark National Historic Trail shall
include the route traveled by Meriwether Lewis
and William Clark from the Falls of the Ohio,
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located in Clarksville, Indiana, and Louisville,
Kentucky, to Wood River, Illinois.’’.
Attest:
Secretary.