IIB
106TH CONGRESS
2D SESSION
H. R. 2267
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2000
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
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,
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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 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 THE CONGRESS.
It is the sense of the Congress that in order to ad-
dress the problems involving multijurisdictional authority
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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 nine 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
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(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 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 Poto-
mac Heritage National Scenic Trail, the Oregon National
Historic Trail, the Mormon Pioneer National Historic
Trail, the Nez Perce National Historic Trail, the Lewis
and Clark National Historic Trail, or the Iditarod Na-
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tional 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 para-
graph, the seller may avail himself of all remedies available
under all applicable law, including electing to void the
sale.’’.
Passed the House of Representatives September 26,
2000.
Attest:
JEFF TRANDAHL,
Clerk.