II 117th CONGRESS 2d Session S. 4995 IN THE SENATE OF THE UNITED STATES September 28, 2022 Mr. Heinrich (for himself and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL 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.

1. Short title This Act may be cited as the Continental Divide Trail Completion Act . 2. Definitions In this Act: (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). (7) Trail The term Trail means the Continental Divide National Scenic Trail established by section 5(a)(5) of the National Trails System Act ( 16 U.S.C. 1244(a)(5) ). 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 extent 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 System 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 agreement to acquire any interest in land, that is necessary— (i) to eliminate gaps between sections of the Trail; and (ii) to maintain the nature and purposes of the Trail. (B) If appropriate and supported by local affected stakeholders, optimize the Trail by relocating, consistent with the nature and purposes of the Trail, existing incompatible portions of the Trail onto Federal land as necessary to provide for— (i) maximum outdoor recreation potential; (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 enactment of this Act, the Secretaries shall establish a joint Forest Service and Bureau of Land Management 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) ), consistent with the nature and purposes of the Trail. (2) Duties of the Team The Team shall— (A) carry out land and right-of-way acquisitions, 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 Interior by— (I) purchase from a willing seller; (II) donation; (III) exchange; (IV) cooperative agreement; or (V) easement agreement; (iii) is best suited for inclusion in the Trail corridor in accordance with the purposes, policy, and provisions of the National Trails System Act ( 16 U.S.C. 1241 et seq. ); (iv) if appropriate and supported by local affected stakeholders, has been identified 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 nationally 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 Federal agencies, Governors of the affected States, affected Indian Tribes, local governments, affected 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 development, maintenance, and management of the Trail; and (D) support the Secretary in the development 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 subsection (b), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a comprehensive development plan for the Trail. (2) Recommended inclusions The plan submitted under paragraph (1) should— (A) identify any gaps in the Trail with respect to which the Secretaries have not been able to acquire land or interests in land by purchase 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 development 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 donated 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 development, maintenance, and management of the Trail. (f) Reports Not later than September 30, 2024, 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 Committee 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 Secretaries in acquiring land or interests in land to complete the Trail consistent with this Act. (2) The quantity of land or interests in land acquired during the fiscal year and the amount expended 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— (A) maximum outdoor recreation potential; and (B) conservation and enjoyment of the nationally significant scenic, historic, natural, or cultural qualities of the areas through which the Trail passes.