II 118th CONGRESS 2d Session S. 4775 IN THE SENATE OF THE UNITED STATES July 25, 2024 Mr. Kaine (for himself and Mr. Tillis ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To enhance the preservation, maintenance, and management of national historic trails and national scenic trails, and for other purposes.

1. Short title This Act may be cited as the Appalachian Trail Centennial Act . 2. Congressional declaration of policy Congress declares that— (1) the large landscape conservation work relating to national historic trails and national scenic trails is built on partnership, collaboration, and community engagement; (2) national historic trails and national scenic trails— (A) are landscape conservation tools; and (B) are federally designated areas, but may include portions of non-Federal land under the National Trails System Act ( 16 U.S.C. 1241 et seq. ); (3) national historic trails and national scenic trails are intended to be developed and protected over time, collaboratively and cooperatively, to further the purposes of the National Trails System Act ( 16 U.S.C. 1241 et seq. ); (4) the Appalachian National Scenic Trail, 1 of the first 2 components of the National Trails System— (A) is a realm of natural, scenic, historical, and cultural wonder available to all; and (B) is a model for cooperative stewardship (historically known as cooperative management ) in the National Trails System; (5) the centennial of the Appalachian National Scenic Trail in 2025 is an opportunity to strengthen the precepts of the cooperative management model— (A) pioneered on the Appalachian National Scenic Trail; and (B) to be replicated as appropriate throughout the National Trails System; (6) the development of the Appalachian National Scenic Trail is in large part due to the efforts of volunteer organizations (commonly referred to as Appalachian Trail Maintaining Clubs ) that— (A) directly or through subdivisions or subsidiary organizations, have coordinated the participation of tens of thousands of volunteers for the planning, construction, development, and stewardship of the Appalachian National Scenic Trail, which inspired the establishment of the National Trails System; and (B) are the expert, dispersed corps of volunteers who provide much of the day-to-day cooperative operation of the Appalachian National Scenic Trail; (7) there are inherently governmental functions referred to in the National Trails System Act ( 16 U.S.C. 1241 et seq. ) relating to administration of national historic trails and national scenic trails, which is distinct from management and operation of those trails; (8) the Federal Government is responsible for administration and, where the United States is the landowner, management of national historic trails and national scenic trails cooperatively stewarded under this Act, while sharing, to the extent the Secretary concerned determines to be practicable, operational responsibilities for those trails with Designated Operational Partners and other cooperating individuals and entities pursuant to cooperative agreements; (9) operation of a national historic trail or national scenic trail does not require land management authority over the land on which the national historic trail or national scenic trail is located; and (10) it is the policy of the Federal Government that national historic trails and national scenic trails— (A) are conservation units managed and operated in partnership with State and nongovernmental entities; and (B) while administered by Federal agencies, are intended to be cooperatively developed with non-Federal governmental and nongovernmental partners. 3. Definitions In this Act: (1) Administration The term administration , with respect to a covered trail, means the roles and responsibilities that— (A) are charged to the Secretary concerned, as described in section 7(a) of the National Trails System Act ( 16 U.S.C. 1246(a) ), with respect to the covered trail; and (B) may not be shared with any other individual or entity. (2) Comprehensive plan The term comprehensive plan means a comprehensive plan for a covered trail submitted under subsection (e) or (f) of section 5 of the National Trails System Act ( 16 U.S.C. 1244 ). (3) Cooperative management The term cooperative management , with respect to a covered trail, means the negotiated division of roles and responsibilities relating to the stewardship and development of the covered trail that are— (A) permissible under law; and (B) within the categories of— (i) administration; (ii) management; and (iii) operation. (4) Cooperative management system The term cooperative management system , with respect to a covered trail, means the negotiated management structure for cooperative management of the covered trail, including— (A) Federal and State trust resource managers; (B) Tribal governments; (C) nongovernmental organizations; and (D) volunteers organized by entities described in subparagraphs (A) through (C). (5) Covered trail The term covered trail means a national historic trail or national scenic trail designated by section 5(a) of the National Trails System Act ( 16 U.S.C. 1244(a) ). (6) Designated Operational Partner The term Designated Operational Partner , with respect to a covered trail, means the entity designated for the covered trail under paragraph (1) or (2) of section 4(a). (7) Gateway community The term gateway community means a municipality or unincorporated settlement in the vicinity of a covered trail. (8) Management The term management , with respect to a covered trail, means the roles as responsibilities under applicable law of the owner of the land, or any interest in land, on which the covered trail is located with respect to the covered trail. (9) Operation (A) In general The term operation , with respect to a covered trail, means any activity permissible under law that— (i) is carried out on land on which the covered trail is located pursuant to a cooperative agreement; (ii) is not an activity of administration; and (iii) does not infringe on any management or ownership authority of the applicable land manager, if the land manager is not the individual or entity carrying out the activity. (B) Inclusions The term operation includes— (i) acquisition of land for a covered trail; (ii) construction and maintenance of a facility or other improvement on, across, or along a covered trail; (iii) the provision of services for a covered trail; (iv) conceptual development of a covered trail; (v) maintenance of the treadway of a covered trail; (vi) conducting a research project relating to a covered trail; (vii) the provision to volunteers of education and training relating to methods of planning for, construction of, and maintenance of a covered trail; and (viii) the stewardship of natural, cultural, or other resources associated with a covered trail. (10) Proposed priority list The term proposed priority list means a proposed priority list for a covered trail developed under section 4(f)(1). (11) Secretary The term Secretary means the Secretary of the Interior. (12) Secretary concerned The term Secretary concerned means— (A) the Secretary, with respect to a covered trail administered by the Secretary; and (B) the Secretary of Agriculture, with respect to a covered trail administered by the Secretary of Agriculture. (13) Volunteer organization The term volunteer organization means an entity that coordinates the participation of individuals in the operation of a covered trail, whether directly or through a subdivision or subsidiary organization. 4. Establishing Designated Operational Partners for national historic trails and national scenic trails (a) Designation (1) Appalachian Trail Conservancy Not later than 1 year after the date of enactment of this Act, the Secretary concerned shall designate the Appalachian Trail Conservancy as the Designated Operational Partner for the Appalachian National Scenic Trail. (2) Additional designations (A) In general In addition to the designation under paragraph (1), the Secretary concerned may designate an eligible entity described in subparagraph (B) to serve as the Designated Operational Partner for any other covered trail. (B) Description of eligible entities An eligible entity referred to in subparagraph (A) is an organization, institution, corporation, or other entity that, as determined by the Secretary concerned— (i) is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of that Code; (ii) has demonstrated experience in the operation, maintenance, and preservation of the resources of the covered trail, regardless of whether the experience was before or after the designation of the covered trail under the National Trails System Act ( 16 U.S.C. 1241 et seq. ); (iii) has a plan for providing, facilitating, and coordinating the services of volunteers to contribute to the stewardship of the covered trail; (iv) has a record, including through a predecessor organization, of engagement with the establishment, management, maintenance, or operation of the covered trail; (v) adheres to reasonable financial, accounting, and risk management practices; (vi) adheres to applicable requirements of Federal agreements, grants, and contracts; and (vii) would not supplant a volunteer organization already serving a substantial operational role trail-wide or across a significant portion of the covered trail unless the Secretary concerned has determined that the lead management partner has failed to perform its responsibilities as agreed to or assigned under a management agreement with respect to the covered trail. (C) Qualifications (i) In general An eligible entity designated as a Designated Operational Partner under subparagraph (A) shall be considered to possesses unique expertise, location capacity, cost-sharing ability, or other unique qualities relevant to the designation as a Designated Operational Partner for the covered trail. (ii) Present-funded activity Designation of a Designated Operational Partner for a covered trail shall be considered to be a continuation or completion of a present-funded activity. (3) Rescission The Secretary concerned may rescind the designation of an eligible entity as a Designated Operational Partner under paragraph (2) if the Secretary concerned determines that the eligible entity has ceased to meet 1 or more of the criteria described in subparagraph (B) of that paragraph. (b) Cooperation in operation (1) In general The Secretary concerned may, subject to such terms and conditions as the Secretary concerned considers to be appropriate, enter into a cooperative agreement with a Designated Operational Partner for a covered trail to provide for the operation of the covered trail. (2) Requirements and authorities A cooperative agreement under paragraph (1)— (A) shall be for a term of not more than 20 years; (B) shall be for the purpose of facilitating the effective and efficient operation of the applicable covered trail under the cooperative management system of the covered trail; and (C) may allow for sharing of responsibilities between the Designated Operational Partner and other entities. (3) Authorized activities Notwithstanding any other provision of law, the Secretary concerned may, through a cooperative agreement under paragraph (1)— (A) provide financial assistance to the Designated Operational Partner for the purpose of carrying out cooperative management activities, in accordance with section 7 or 11 of the National Trails System Act ( 16 U.S.C. 1246 , 1250), for the purpose of— (i) providing stewardship for, preserving, conserving, or restoring— (I) the natural resources of the covered trail; (II) the historical and cultural resources of the covered trail; (III) the scenic resources of the covered trail; or (IV) the recreational resources of the covered trail; (ii) providing stewardship for, developing, constructing, or maintaining facilities associated with the covered trail, including maintaining the treadway of a covered trail; (iii) developing, delivering, or acquiring educational materials or public communications regarding the covered trail, including maps and guides to facilitate use of the covered trail; or (iv) conducting activities to facilitate appropriate usage of the covered trail; (B) carry out cooperative management activities for the covered trail; and (C) provide goods or services to, or receive funds, goods, or services from, a Designated Operational Partner. (4) Surplus personal property Notwithstanding sections 541 through 559 of title 40, United States Code, a Federal agency may dispose of surplus personal property by transferring the property to a Designated Operational Partner, to be used by the Designated Operational Partner for purposes of carrying out a cooperative agreement under paragraph (1), subject to the requirement that the cooperative agreement shall prohibit the Designated Operational Partner, or any subsidiary or subdivision of the Designated Operational Partner, from— (A) using the transferred property for purposes other than carrying out the duties and authorities of the Designated Operational Partner under the cooperative agreement; or (B) transferring the transferred property to a recipient that is not a part of the cooperative management system of the covered trail. (5) Additional resources A Designated Operational Partner may seek and accept funds, property, or services from individuals, foundations, corporations, and other private and public entities— (A) to carry out a cooperative agreement under paragraph (1); or (B) for related purposes. (6) Cooperative agreement A cooperative agreement under paragraph (1)— (A) shall be considered to be a cooperative agreement under chapter 63 of title 31, United States Code; and (B) in accordance with the assignment of responsibilities for the administration, management, and operation of the covered trail, may be a multilateral agreement among the Designated Operational Partner, the Secretary, and the Secretary of Agriculture, as applicable. (c) Proactive cooperative management consultation The Secretary concerned shall proactively engage Designated Operational Partners in considering management actions that may affect efforts to fulfill the nature and purposes of a covered trail, as described in the comprehensive plan for the covered trail— (1) to determine the overall potential impact of the administration and management actions on the covered trail; (2) to develop alternatives or opportunities to avoid or mitigate undesirable impacts of administration and management actions on the covered trail; and (3) to use trail information to develop plans that achieve the desired management outcome for the covered trail. (d) Protection of property rights (1) In general If the Designated Operational Partner for a covered trail becomes aware of an allegation of trespass or other infringement or violation of a property right held by the Federal Government that adversely affects the identified cultural, natural, scenic, recreational, or historical resources of the covered trail, the Designated Operational Partner may submit to the Secretary concerned and the United States Attorney for the Federal district court in which the alleged violation occurred a written request— (A) to investigate the allegation; and (B) to enforce the rights of the United States by preventing, reducing, mitigating, or remediating the adverse effects of the alleged violation. (2) Notice (A) In general A request under paragraph (1) shall include, to the maximum extent practicable, detailed information relating to the alleged trespass, infringement, or violation, including— (i) the nature, location, duration, and known identity of any alleged offender; (ii) any efforts carried out to address the alleged violation; (iii) any impacts of the alleged violation on the applicable covered trail or resources of the covered trail; and (iv) any requested remedy. (B) Submission requirements A request under paragraph (1) shall be— (i) submitted to the Secretary concerned and appropriate United States Attorney by— (I) electronic means; or (II) delivery to the address on file for official correspondence; and (ii) clearly identified as a Designated Operational Partner Request for Redress . (C) Signatures A request under paragraph (1) may be signed by— (i) the applicable Designated Operational Partner; and (ii) any other entity operating under a cooperative or other agreement to support the cooperative management system of the applicable covered trail. (3) Response (A) Assessment Not later than 60 days after the date on which a request is submitted under paragraph (1), the Secretary shall submit to the United States Attorney for the Federal district court in which the applicable alleged trespass, infringement, or violation occurred and the Designated Operational Partner an assessment of the alleged violation. (B) Additional information from Designated Operational Partner Not later than 30 days after the date on which the Designated Operational Partner receives an assessment under subparagraph (A), the Designated Operational Partner may provide to the Secretary concerned and the relevant United States Attorney additional information relating to the alleged violation. (C) Response from United States Attorney Not later than 150 days after the date on which a request is submitted to a United States Attorney under paragraph (1), or not later than 60 days after the date on which a Designated Operational Partner provides additional information under subparagraph (B) to the United States Attorney, if applicable, the United States Attorney shall submit to the Secretary concerned and the Designated Operational Partner information regarding whether the United States Attorney is pursuing redress for the alleged violation. (4) Litigation costs In issuing any final order in an action brought under this subsection, the relevant Federal district court may award to a Designated Operational Partner the costs of litigation (including reasonable attorney and expert witness fees) if the Designated Operational Partner is a prevailing or substantially prevailing party in the action, as the court determines to be appropriate. (5) Effect Nothing in this subsection— (A) limits any cause of action that the Federal Government may have under any other law; (B) obligates— (i) a Designated Operational Partner to participate, or to present claims or defenses, in any civil action relating to the property rights of the Federal Government; or (ii) the Federal Government to participate, or to present claims or defenses, in any civil action relating to the property rights of the Designated Operational Partner; or (C) makes— (i) a Designated Operational Partner a necessary party in any action relating to the property rights of the Federal Government; or (ii) the Federal Government a necessary party in any action relating to the property rights of the Designated Operational Partner. (e) Volunteer services (1) Considerations In establishing and carrying out any policy relating to volunteers for a covered trail, the Secretary and the Secretary of Agriculture shall consider the volunteer coordination needs and practices of the applicable Designated Operational Partner and associated nongovernmental organizations engaged in the cooperative management of the covered trail through the cooperative management system of the covered trail. (2) Proactive cooperative management required Before establishing or modifying a policy described in paragraph (1), the Secretary concerned shall— (A) consult with any Designated Operational Partner engaged in operation of a covered trail; and (B) take into account any considerations required under that paragraph. (f) Land and resource preservation proposed priority lists (1) In general Each Designated Operational Partner shall periodically develop and submit to the Secretary concerned and the heads of any other appropriate Federal land management agencies a proposed priority list for land and resource protection for the applicable covered trail. (2) Applicable law A proposed priority list shall be considered to advance the planning and development of the applicable covered trail in accordance with section 2(c) of the National Trails System Act ( 16 U.S.C. 1241(c) ). (3) Contents A Designated Operational Partner shall include on a proposed priority list— (A) the location and current ownership of each parcel of land identified for inclusion in the applicable covered trail; (B) the desired nature of ownership of each parcel of land identified for inclusion in the covered trail, including as a partial or fee ownership; (C) the name of the owner of each identified parcel of land; (D) a description of the benefit to the covered trail in the preservation of scenic, recreational, historical, natural, or cultural values for which the covered trail was designated; and (E) the name of any nongovernmental partner committed to advancing the protection of parcels of land identified on the proposed priority list for inclusion in the covered trail. (4) Input; criteria In developing a proposed priority list, a Designated Operational Partner shall— (A) solicit input from a variety of governmental, nongovernmental, Federal, and State partners, the scope of which shall be limited to a landscape or physiographic region agreed to by the Designated Operational Partner and the Secretary concerned; and (B) establish criteria to prioritize land and resource protection recommendations included on the proposed priority list. (5) Use of Federal funds (A) In general In using Federal funds to protect land for a covered trail— (i) the Secretary concerned shall prioritize the use of funds for land identified for Federal protection in the applicable proposed priority list, except to the extent that the Secretary concerned determines, based on considerations set forth in the National Trails System Act ( 16 U.S.C. 1241 et seq. ) and the comprehensive plan for the covered trail, and subject to subparagraph (B), that— (I) a parcel of land included on the proposed priority list should not be prioritized; or (II) a parcel of land not included on the proposed priority list should be prioritized instead of a parcel of land included on the proposed priority list; and (ii) a State shall incorporate land identified for State protection in the applicable land and resource conservation plan of the State, as appropriate, in accordance with State law. (B) Notice If the Secretary concerned determines under subparagraph (A)(i) that a parcel of land included on the proposed priority list should not be prioritized or that a parcel of land not included on the proposed priority list should be prioritized instead of a parcel of land included on the proposed priority list, the Secretary concerned shall submit to the Designated Operational Partner notice of the determination, including a detailed explanation of the reason for the determination. (6) Reports Not less frequently than once every 5 years, the Secretaries concerned shall submit to Congress a report that describes any progress or lack of progress of the Secretaries concerned with respect to advancing land and resource conservation objectives under proposed priority lists. (7) Authorization of appropriations There are authorized to be appropriated to each of the Secretary and the Secretary of Agriculture such sums as are necessary to carry out planning activities relating to the development or updating of proposed priority lists under this subsection. (g) Other agreements The Secretary concerned may enter into agreements with 1 or more entities that are not Designated Operational Partners, in accordance with the applicable procedures of the Department of the Interior or the Department of Agriculture, as applicable, and consistent with the National Trails System Act ( 16 U.S.C. 1241 et seq. )— (1) to provide services with respect to a covered trail that are not provided by the Designated Operational Partner; or (2) to advance partnerships for a covered trail to strengthen volunteer engagement and cooperative management, consistent with the comprehensive plan for the applicable covered trail. (h) Exemption from FACA Chapter 10 of title 5, United States Code, shall not apply to a Designated Operational Partner or any committee established before, on, or after the date of enactment of this Act for purposes of a cooperative management system. (i) Comprehensive plans (1) In general Notwithstanding subsections (e) and (f) of section 5 of the National Trails System Act ( 16 U.S.C. 1244 ), a Designated Operational Partner may accept or reject— (A) a proposed comprehensive plan for the applicable covered trail; and (B) any amendments or revisions to the comprehensive plan for the applicable covered trail. (2) Regulations In accordance with section 7(i) of the National Trails System Act ( 16 U.S.C. 1246(i) ), the Secretary and the Secretary of Agriculture shall jointly promulgate regulations establishing procedures for resolving disputes with respect to the rejection of a comprehensive plan under paragraph (1). (3) Report If a comprehensive plan rejected by a Designated Operational Partner under paragraph (1) is subsequently submitted to Congress, the Secretary concerned shall submit to the appropriate committees of Congress a report that describes the basis for the submission of the rejected comprehensive plan by the Secretary concerned. 5. Improving covered trail planning and development (a) Visitation assessment (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary and the Secretary of Agriculture shall identify 1 or more methods to assess visitation on covered trails. (2) Consultation required For purposes of identifying methods under paragraph (1), the Secretary and the Secretary of Agriculture shall consult with a variety of land managers and cooperative management partners for covered trails, including— (A) in the Department of Agriculture, the Chief of the Forest Service and the Under Secretary for Rural Development; (B) in the Department of the Interior, representatives from the National Park Service, the Bureau of Land Management, and the United States Fish and Wildlife Service; (C) representatives from State agencies participating in cooperative management systems; (D) representatives from gateway communities and tourism boards that support covered trails, such as through agency and nongovernmental partnerships; (E) representatives from the Federal Highway Administration; (F) representatives from the Interagency Council on the National Trails System; (G) Designated Operational Partners; and (H) other nongovernmental cooperative management partners for covered trails. (3) Report (A) In general Not later than 5 years after the date on which methods are identified under paragraph (1), and not less frequently than once every 5 years thereafter, the Secretary and the Secretary of Agriculture shall make available to cooperative management partners of the applicable covered trail and the public a report describing the estimated visitation at each covered trail for the period covered by the report. (B) Carrying capacity (i) In general The carrying capacity of a covered trail that is subject to subsection (e) or (f) of section 5 of the National Trails System Act ( 16 U.S.C. 1244 ) shall be considered to be the desired use conditions of the applicable covered trail, as determined in accordance with applicable guidelines established by the Interagency Council on Visitor Use Management. (ii) Report The carrying capacity for a covered trail not described in clause (i) shall be determined using the visitation numbers for the applicable covered trail identified by the Secretary or the Secretary of Agriculture in the initial report under subparagraph (A). (4) Monitoring The Secretary and the Secretary of Agriculture, in cooperation with the Designated Operational Partner for a covered trail, if applicable, shall, on an ongoing basis, monitor— (A) the number of visitors to, and the character of visitor use of, each covered trail, using the 1 or more methods identified under paragraph (1); and (B) the effectiveness of management actions in achieving and maintaining desired conditions for the covered trail. (b) Economic impact assessment (1) In general Not later than 3 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary and the Secretary of Agriculture shall identify 1 or more methods to assess the economic impact of covered trails on gateway communities. (2) Requirements In identifying methods under paragraph (1), the Secretary and the Secretary of Agriculture shall, to the maximum extent practicable— (A) aggregate and extrapolate economic impact information from existing data, such as data from land units on which covered trails are located; (B) use State and county economic impact information; (C) partner with State and local governments; and (D) leverage the cooperative management systems of the covered trails and local and landscape-wide partnerships to obtain and process relevant information and report any relevant findings. (c) Advancing covered trail planning (1) Findings Congress finds that— (A) the designation of a covered trail is the onset of the long-term development and planning for the covered trail, rather than the conclusion of those activities; and (B) the cultivation of partnerships, the acquisition of land, including interests in land and land use agreements, the conduct of accessible and inclusive interpretation, and the development of recreational facilities, as appropriate for covered trails, are needed to advance the purposes of the National Trails System Act ( 16 U.S.C. 1241 et seq. ) to meet the ever-expanding outdoor recreation needs of the United States. (2) Reports The Secretary and the Secretary of Agriculture, acting jointly, 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) not later than 3 years after the date of enactment of this Act, a report that describes the successes and challenges in developing and planning covered trails; and (B) not later than 5 years after the date of enactment of this Act, a report that assesses the desired conditions and use of facilities on each covered trail with respect to— (i) visitor usage of specific segments or sites of the covered trail, including the extent to which visitors use the covered trail in groups of not fewer than 10 individuals; (ii) proposed priority segments or sites for additional facilities or protection of additional land or resources identified by relevant cooperative management partners, which shall be considered to be included on a proposed priority list for the covered trail if the covered trail has an identified Designated Operational Partner; and (iii) any activities that the Secretary and the Secretary of Agriculture determine are necessary to advance the development of and planning for the covered trail consistent with the model used for the Appalachian National Scenic Trail. (3) Community engagement In preparing the reports under paragraph (2), the Secretary and the Secretary of Agriculture shall consult with— (A) communities located in the vicinity of the proposed segments and sites described in paragraph (2)(B)(ii); (B) federally recognized Indian Tribes; (C) any Federal and State agencies that manage land traversed by covered trails; and (D) Designated Operational Partners and other cooperative management partners of covered trails. (d) Exemption from FACA Chapter 10 of title 5, United States Code, shall not apply to any committee established before, on, or after the date of enactment of this Act to carry out activities under this section. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary and the Secretary of Agriculture for each of fiscal years 2025 through 2030— (1) such sums as are necessary— (A) to identify the methods under subsections (a) and (b); and (B) to prepare the reports required under subsection (c); and (2) such sums as are necessary for the acquisition, construction, and development of facilities (including the acquisition of land or interests in land) for covered trails.