Title: Continental Divide Trail Completion Act
Policy area: Public Lands and Natural Resources

Summary:
Continental Divide Trail Completion Act
This bill addresses the completion of the Continental Divide National Scenic Trail, which extends from the Montana-Canada border to the New Mexico-Mexico border.
No later than November 10, 2028, the Forest Service shall substantially complete the land acquisition program necessary to ensure the completion of the trail.
In carrying out the completion of the land acquisition program, the Forest Service, in coordination with the Department of the Interior, shall establish a joint Forest Service and Bureau of Land Management land acquisition team. This team shall work in coordination with the trail's administrator to facilitate the completion and optimization of the trail.
The Forest Service shall submit a comprehensive acquisition or protection plan to Congress no later than three years after this bill's enactment. The plan should
The team may (1) acquire land only by purchase from a willing seller with donated or appropriated funds, donation, or exchange; and (2) not acquire land by eminent domain.
The Forest Service and the Continental Divide Trail Coalition shall transmit specified annual reports to Congress until the completion of the land acquisition program.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5118 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 5118

To direct the Secretary of Agriculture to prioritize the completion of 
 the Continental Divide National Scenic Trail, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 27, 2021

    Mr. Neguse (for himself and Ms. Leger Fernandez) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of Agriculture to prioritize the completion of 
 the Continental Divide National Scenic Trail, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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. CONTINENTAL DIVIDE NATIONAL SCENIC TRAIL.

    (a) Completion of Trail.--Not later than November 10, 2028, the 
Secretary shall substantially complete the land acquisition program 
necessary to ensure the completion of the Continental Divide National 
Scenic Trail, consistent with sections 3(a)(2) and 5(a)(5) of the 
National Trails System Act (16 U.S.C. 1242(a)(2) and 16 U.S.C. 
1244(a)(5)). The Secretaries of Agriculture and the Interior shall take 
necessary actions to achieve this goal, including the following steps, 
listed in order of priority:
            (1) Complete the Continental Divide National Scenic Trail 
        by acquiring land as necessary to eliminate gaps between 
        sections of the Trail and secure corridors compatible with the 
        nature and purposes of the Trail.
            (2) Optimize the Trail by relocating existing portions of 
        the Trail on Federal land as necessary to maximize conservation 
        and enjoyment of the nationally significant scenic, historic, 
        natural, and cultural qualities of the Trail corridor.
            (3) Publish maps of the completed trail corridor.
    (b) Land Acquisition Team.--
            (1) In general.--In carrying out subsection (a), not later 
        than 1 year after the date of the enactment of this section, 
        the Secretary, in coordination with the Secretary of the 
        Interior, shall establish a joint Forest Service and Bureau of 
        Land Management land acquisition team to work in coordination 
        with the Trail Administrator 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)).
            (2) Duties of the team.--The Team shall carry out the 
        following:
                    (A) Conduct Optimal Location Reviews to identify 
                land that--
                            (i) eliminates gaps between sections of the 
                        Trail;
                            (ii) may be acquired by the Secretary or 
                        the Secretary of the Interior by purchase from 
                        a willing seller, donation, or exchange; and
                            (iii) is best suited for inclusion in the 
                        Trail in accordance with the purposes and 
                        policy of the National Trails System Act (16 
                        U.S.C. 1241 et seq.).
                    (B) Provide the necessary administrative support to 
                complete conveyances of land identified under 
                subparagraph (A).
                    (C) Consistent with the priorities described in 
                subsection (a), conduct Optimal Location Reviews to 
                identify--
                            (i) portions of the Trail on Federal land 
                        that should be relocated to maximize the 
                        conservation and enjoyment of the nationally 
                        significant scenic, historic, natural, or 
                        cultural qualities of the Trail corridor; and
                            (ii) where to relocate such portions of the 
                        Trail.
                    (D) Provide the necessary administrative support to 
                relocate portions of the Trail identified under 
                subparagraph (C).
    (c) Acquisition Plan.--Not later than 3 years after the date of the 
enactment of this Act, the Secretary shall, after consultation with the 
Secretary of the Interior, Governors of the affected States, Indian 
Tribes, and the Continental Divide Trail Coalition, submit to the 
Committee on Natural Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a comprehensive 
acquisition or protection plan. This plan should identify any 
incomplete segments or gaps where the respective agencies have not been 
able to acquire access, right-of-ways, easements, or acquisitions to 
date from willing sellers, donations, or exchanges, and a plan for all 
lands to be acquired by fee title or lesser interest, along with 
detailed explanation of anticipated necessary cooperative agreements 
for any lands not to be acquired; and general and site-specific 
development plans, including anticipated costs.
    (d) Method of Acquisition.--In carrying out this section, the 
Team--
            (1) may acquire land only by purchase from a willing seller 
        with donated or appropriated funds, donation, or exchange; and
            (2) may not acquire land by eminent domain.
    (e) Maintaining Existing Partnerships.--In carrying out this 
section, the Secretary and the Team shall continue to maintain and 
develop working partnerships with volunteer and nonprofit organizations 
that assist in the development, maintenance, and management of the 
Trail.
    (f) Reports.--
            (1) Secretary.--Not later than 1 year after the creation of 
        the Team, and at the close of each fiscal year until the 
        acquisition program is completed, the Secretary shall transmit, 
        in writing, the following information to the Committee on 
        Natural Resources of the House of Representatives and the 
        Committee on Energy and Natural Resources of the Senate:
                    (A) The amount of land acquired during the fiscal 
                year and the amount expended for such land.
                    (B) The amount of land planned for acquisition in 
                the ensuing fiscal year and the estimated cost of such 
                land.
                    (C) The estimated amount of land remaining to be 
                acquired.
            (2) Continental divide trail coalition.--Not later than 1 
        year after the creation of the Team, and until the entire 
        acquisition program is completed, the Continental Divide Trail 
        Coalition shall transmit a report at the close of each fiscal 
        year to the Committee of Natural Resources of the House of 
        Representatives and the Committee on Energy and Natural 
        Resources of the Senate, which shall include the following:
                    (A) The progress of the Secretary in making the 
                necessary acquisitions to complete and optimize the 
                Trail.
                    (B) The manner in which negotiations for the 
                acquisition program are being conducted for every 
                section of the Trail.
                    (C) Whether in any case larger interests in land 
                are being acquired than are necessary to carry out the 
                purposes of this Act.
    (g) Definitions.--In this section:
            (1) Optimal location review.--The term ``Optimal Location 
        Review'' means the procedures described in the Continental 
        Divide National Scenic Trail Optimal Location Review Guide, 
        dated November 2017.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture, acting through the Chief of the Forest Service.
            (3) Team.--The term ``Team'' means the land acquisition 
        team established under subsection (b).
            (4) Trail.--The term ``Trail'' means the Continental Divide 
        National Scenic Trail established by section 5 of the National 
        Trails System Act (16 U.S.C. 1244).
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