Butterfield Overland National Historic Trail Designation Act
Bill: S.3519 | Sponsor: Sen. Boozman, John (R-AR)
Policy area: Public Lands and Natural Resources

Summary:
Butterfield Overland National Historic Trail Designation Act
This act designates the trail extending approximately 3,292 miles and following the route operated by the Butterfield Overland Mail Company, known as the Ox-Bow Route, to transport mail and passengers between the eastern end points of St. Louis, Missouri, and Memphis, Tennessee, and extending westward through the states of Arkansas, Oklahoma, Texas, New Mexico, and Arizona, to the western end point of San Francisco, California, as the Butterfield Overland National Historic Trail.
The United States shall not acquire for the trail any land or interest in land outside of the exterior boundary of any federally administered area without the consent of the owner of such land or interest in land.
The Department of the Interior may not use eminent domain or condemnation in carrying out this act.

[117th Congress Public Law 345]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 6196]]

Public Law 117-345
117th Congress

                                 An Act


 
  To amend the National Trails System Act to designate the Butterfield 
 Overland National Historic Trail, and for other purposes. <<NOTE: Jan. 
                         5, 2023 -  [S. 3519]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Butterfield 
Overland National Historic Trail Designation Act.>> 
SECTION 1. <<NOTE: 16 USC 1241 note.>>  SHORT TITLE.

    This Act may be cited as the ``Butterfield Overland National 
Historic Trail Designation Act''.
SEC. 2. <<NOTE: State listing.>> DESIGNATION OF THE BUTTERFIELD 
                    OVERLAND NATIONAL HISTORIC TRAIL.

    Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) 
is amended by adding at the end the following:
            ``(31) Butterfield overland national historic trail.--
                    ``(A) In general.--The Butterfield Overland National 
                Historic Trail, a trail of approximately 3,292 miles 
                following the route operated by the Butterfield Overland 
                Mail Company, known as the `Ox-Bow Route', to transport 
                mail and passengers between the eastern termini of St. 
                Louis, Missouri, and Memphis, Tennessee, and extending 
                westward through the States of Arkansas, Oklahoma, 
                Texas, New Mexico, and Arizona, to the western terminus 
                of San Francisco, California, as generally depicted on 
                the maps numbered 1 through 15, entitled `Study Route 
                Maps', and contained in the report prepared by the 
                National Park Service entitled `Butterfield Overland 
                Trail National Historical Trail Special Resource Study' 
                and dated May 2018.
                    ``(B) <<NOTE: Public information.>>  Maps.--The maps 
                described in subparagraph (A) shall be on file and 
                available for public inspection in the appropriate 
                offices of the National Park Service.
                    ``(C) Administration.--The trail established by 
                subparagraph (A) shall be administered by the Secretary 
                of the Interior.
                    ``(D) Land acquisition.--The United States shall not 
                acquire for the trail established by subparagraph (A) 
                any land or interest in land outside of the exterior 
                boundary of any federally administered area without the 
                consent of the owner of the land or interest in land.
                    ``(E) No buffer zone created.--
                          ``(i) In general.--Nothing in this paragraph, 
                      the acquisition of land or an interest in land 
                      authorized by this paragraph, or any management 
                      plan for the Butterfield Overland National 
                      Historic Trail creates

[[Page 136 STAT. 6197]]

                      a buffer zone outside of the Butterfield Overland 
                      National Historic Trail.
                          ``(ii) Outside activities.--The fact that an 
                      activity or use on land outside the Butterfield 
                      Overland National Historic Trail can be seen, 
                      heard, or detected from land or an interest in 
                      land acquired for the Butterfield Overland 
                      National Historic Trail shall not preclude, limit, 
                      control, regulate, or determine the conduct or 
                      management of the activity or use.
                    ``(F) Effect on energy development, production, or 
                transmission.--Nothing in this paragraph, the 
                acquisition of land or an interest in land authorized by 
                this paragraph, or any management plan for the 
                Butterfield Overland National Historic Trail shall 
                prohibit, hinder, or disrupt the development, 
                production, or transmission of energy.
                    ``(G) No eminent domain or condemnation.--In 
                carrying out this paragraph, the Secretary of the 
                Interior may not use eminent domain or condemnation.''.

    Approved January 5, 2023.

LEGISLATIVE HISTORY--S. 3519:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 168 (2022):
            Dec. 20, considered and passed Senate.
            Dec. 22, considered and passed House.

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