[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2438 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2438

   To encourage the establishment of appropriate trails on abandoned 
   railroad rights-of-way, while ensuring the protection of certain 
                     reversionary property rights.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 1997

  Mr. Ryun (for himself, Mr. Tiahrt, Mr. Snowbarger, Mr. Largent, Mr. 
    Coburn, Mr. Pombo, Mr. Hutchinson, Mr. Metcalf, Mr. Talent, Mr. 
 Shimkus, Mr. Hastings of Washington, Mr. Radanovich, Mr. Rohrabacher, 
Mr. Dickey, Mr. Thornberry, Mr. Young of Alaska, Mr. Hansen, Mr. Watts 
of Oklahoma, Mr. Watkins, Mr. Bob Schaffer of Colorado, Mrs. Cubin, Mr. 
  Hostettler, and Mr. Thune) introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
   To encourage the establishment of appropriate trails on abandoned 
   railroad rights-of-way, while ensuring the protection of certain 
                     reversionary property rights.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. AMENDMENTS.

    Section 8(d) of the National Trails System Act (16 U.S.C. 1247(d)) 
is amended--
            (1) by striking ``Consistent with the purposes'' and all 
        that follows through ``rights-of-way for railroad purposes.'';
            (2) by striking ``for management of such'' and all that 
        follows through ``transfer or use'' and inserting in lieu 
        thereof ``, with respect to the portion of any railroad right-
        of-way donated, transferred, leased, or otherwise conveyed for 
        use for establishment of such a trail, for management of the 
        trail, for any legal liability arising out of the donation, 
        transfer, lease, or other conveyance and use'';
            (3) by striking ``Board shall'' and inserting in lieu 
        thereof ``Board may'';
            (4) by inserting ``, in furtherance of the national policy 
        to preserve established railroad rights-of-way for future 
        reactivation of rail service,'' after ``for interim use''; and
            (5) by striking ``, and shall not permit'' and all that 
        follows through ``of such use'' and inserting in lieu thereof 
        ``. This subsection shall not preempt State law with respect to 
        the establishment of, and rights incident to, an easement, 
        right-of-way, or other property interest in land''.
                                 <all>