[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1069 Reported in Senate (RS)]





                                                       Calendar No. 349

105th CONGRESS

  2d Session

                                S. 1069

                          [Report No. 105-177]

_______________________________________________________________________

                                 A BILL

        Entitled the ``National Discovery Trails Act of 1997''.

_______________________________________________________________________

                             April 29, 1998

                       Reported with an amendment





                                                       Calendar No. 349
105th CONGRESS
  2d Session
                                S. 1069

                          [Report No. 105-177]

        Entitled the ``National Discovery Trails Act of 1997''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 25, 1997

 Mr. Murkowski (for himself, Mr. Warner, Mr. Hatch, Ms. Moseley-Braun, 
 Mr. Robb, Mr. Reed, Mr. Roth, Mr. Campbell, Mr. Reid, Mr. Biden, Mr. 
 Kerrey, Mr. Harkin, Mr. Sarbanes, and Mrs. Feinstein) introduced the 
   following bill; which was referred to the Committee on Energy and 
                           Natural Resources

                             April 29, 1998

              Reported by Mr. Murkowski, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
        Entitled the ``National Discovery Trails Act of 1997''.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``National Discovery Trails 
Act of 1997''.</DELETED>

<DELETED>SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.</DELETED>

<DELETED>    Section 3(a) of the National Trails System Act (16 U.S.C. 
1242(a)) is amended by inserting after paragraph (4) the 
following:</DELETED>
        <DELETED>    ``(5) National discovery trails, established as 
        provided in section 5, which will be extended, continuous, 
        interstate trails so located as to provide for outstanding 
        outdoor recreation and travel and to connect representative 
        examples of America's trails and communities. National 
        discovery trails should provide for the conservation and 
        enjoyment of significant natural, cultural, and historic 
        resources associated with each trail and should be so located 
        as to represent metropolitan, urban, rural, and back country 
        regions of the Nation.''. Any such trail may be designated on 
        federal lands and, with the consent of the owner thereof, on 
        any non federal lands: Provided, That such consent may be 
        revoked at any time. The Congress does not intend for the 
        establishment of a National Discovery Trail to lead to the 
        creation of protective perimeters or buffer zones adjacent to a 
        National Discovery Trail. The fact that there may be activities 
        or uses on lands adjacent to the trail that would not be 
        permitted on the trail shall not preclude such activities or 
        uses on such lands adjacent to the trail to the extent 
        consistent with other applicable law.</DELETED>
<DELETED>    (2) Feasibility Requirements; Cooperative Management 
Requirement.--Section 5 of such Act (16 U.S.C. 1244) is amended by 
adding at the end the following new subsection:</DELETED>
<DELETED>    ``(g)(1) For purposes of subsection (b), a trail shall not 
be considered feasible and desirable for designation as a national 
discovery trail unless it meets all of the following 
criteria:</DELETED>
        <DELETED>    ``(A) the trail must link one or more areas within 
        the boundaries of a metropolitan area (as those boundaries are 
        determined under section 134(c) of title 23, United States 
        Code). It should also join with other trails, connecting the 
        National Trails System to significant recreation and resources 
        areas.</DELETED>
        <DELETED>    ``(B) The trail must be supported by a competent 
        trailwide nonprofit organization. Each trail should have 
        extensive local and trailwide support by the public, by user 
        groups, and by affected State and local governments.</DELETED>
        <DELETED>    ``(C) The trail must be extended and pass through 
        more than one State. At a minimum, it should be a continuous, 
        walkable route not including any non-federal property for which 
        the owner had not provided consent for inclusion and 
        use.</DELETED>
<DELETED>    ``(2) The appropriate Secretary for each national 
discovery trail shall administer the trail in cooperation with a 
competent trailwide nonprofit organization.''.</DELETED>
<DELETED>    (b) Designation of the American Discovery Trail as a 
National Discovery Trail.--Section 5(a) of such Act (16 U.S.C. 1244(a)) 
is amended--</DELETED>
        <DELETED>    (1) by re-designating the paragraph relating to 
        the California National Historic Trail as paragraph 
        (18);</DELETED>
        <DELETED>    (2) by re-designating the paragraph relating to 
        the Pony Express National Historic Trail as paragraph (19); 
        and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(20) The American Discovery Trail, a trail of 
        approximately 6,000 miles extending from Cape Henlopen State 
        Park in Delaware to Point Reyes National Seashore in 
        California, extending westward through Delaware, Maryland, the 
        District of Columbia, West Virginia, Ohio, and Kentucky, where 
        near Cincinnati it splits into two routes. The Northern Midwest 
        route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and 
        Colorado, and the Southern Midwest route traverses Indiana, 
        Illinois, Missouri, Kansas, and Colorado. After the two routes 
        rejoin in Denver, Colorado, the route continues through 
        Colorado, Utah, Nevada, and California. The trail is generally 
        described in Volume 2 of the National Park Service feasibility 
        study dated June 1995 which shall be on file and available for 
        public inspection in the office of the Director of the National 
        Park Service, Department of the Interior, the District of 
        Columbia. The American Discovery Trail shall be administered by 
        the Secretary of the Interior in cooperation with a competent 
        trailwide nonprofit organization and other affected land 
        managing agencies. No lands or interests outside the exterior 
        boundaries of federally administered areas may be acquired by 
        the Federal Government solely for the American Discovery Trail. 
        This trail is specifically exempted from the provisions of 
        sections 7(e), 7(f), and 7(g).''</DELETED>
<DELETED>    (c) Comprehensive National Discovery Trail Plan.--Section 
5 of such Act (16 U.S.C. 1244) is further amended by adding at the end 
the following new subsection:</DELETED>
<DELETED>    ``(h) Within three complete fiscal years after the date of 
enactment of any law designating a national discovery trail, the 
administering Federal agency shall, in cooperation with a comprehensive 
plan for the protection, management, development, and use of the 
federal portions of the trail, and provide technical assistance to 
states and local units of government and private landowners, as 
requested, for non-federal portions of the trail, to the Committee on 
Resources of the United States House of Representatives and the 
Committee on Energy and Natural Resources of the United States Senate. 
The Secretary shall ensure that the comprehensive plan for the entire 
trail does not conflict with any existing agency direction and that the 
nonprofit organization consults with affected land managing agencies, 
the Governors of the affected States, county and local political 
jurisdictions, and local organizations maintaining components of the 
trail. Mandatory components of the comprehensive plan include--
</DELETED>
        <DELETED>    ``(1) specific objectives and practices to be 
        observed in the administration and management of the trail, 
        including the identification of all significant natural, 
        historical, and cultural resources to be preserved, model 
        agreements necessary for joint trail administration among and 
        between interested parties, and an identified carrying capacity 
        of the trail and a plan for its implementation;</DELETED>
        <DELETED>    ``(2) general and site-specific development plans 
        including anticipated costs; and</DELETED>
        <DELETED>    ``(3) the process to be followed by the nonprofit 
        organization, in cooperation with the appropriate Secretary, to 
        implement the trial marking authorities in section 7(c) 
        conforming to approved trail logo or emblem requirements.''. 
        Nothing in this Act may be construed to impose or permit the 
        imposition of any landowner on the use of any non federal lands 
        without the consent of the owner thereof, which consent may be 
        revoked at any time. Neither the designation of a National 
        Discovery Trail nor any plan relating thereto shall affect or 
        be considered in the granting or denial of a right of way or 
        any conditions relating thereto.</DELETED>

<DELETED>SEC. 3. CONFORMING AMENDMENTS.</DELETED>

<DELETED>    The National Trails System Act is amended--</DELETED>
        <DELETED>    (1) in section 2(b) (16 U.S.C. 1241(b)), by 
        striking ``scenic and historic'' and inserting ``scenic, 
        historic, and discovery'';</DELETED>
        <DELETED>    (2) in the section heading to section 5 (16 U.S.C. 
        1244), by striking ``AND NATIONAL HISTORIC'' and inserting ``, 
        NATIONAL HISTORIC, AND NATIONAL DISCOVERY'';</DELETED>
        <DELETED>    (3) in section 5(a) (16 U.S.C. 1244(a)), in the 
        matter preceding paragraph (1)--</DELETED>
                <DELETED>    (A) by striking ``and national historic'' 
                and inserting ``, national historic, and national 
                discovery''; and</DELETED>
                <DELETED>    (B) by striking ``and National Historic'' 
                and inserting ``, National Historic, and National 
                Discovery'';</DELETED>
        <DELETED>    (4) in section 5(b) (16 U.S.C. 1244(b)), in the 
        matter preceding paragraph (1), by striking ``or national 
        historic'' and inserting ``, national historic, or national 
        discovery;</DELETED>
        <DELETED>    (5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by 
        striking ``or national historic'' and inserting ``, national 
        historic, or national discovery'';</DELETED>
        <DELETED>    (6) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by 
        striking ``and national historic'' and inserting ``, national 
        historic, and national discovery'';</DELETED>
        <DELETED>    (7) in section 7(b) (16 U.S.C. 1246(b)), by 
        striking ``or national historic'' each place such term appears 
        and inserting ``, national historic, or national 
        discovery'';</DELETED>
        <DELETED>    (8) in section 7(c) (16 U.S.C. 1246(c))--
        </DELETED>
                <DELETED>    (A) by striking ``scenic or national 
                historic'' each place it appears and inserting 
                ``scenic, national historic, or national 
                discovery'';</DELETED>
                <DELETED>    (B) in the second proviso, by striking 
                ``scenic, or national historic'' and inserting 
                ``scenic, national historic, or national discovery''; 
                and</DELETED>
                <DELETED>    (C) by striking ``, and national 
                historic'' and inserting ``, national historic, and 
                national discovery'';</DELETED>
        <DELETED>    (9) in section 7(d) (16 U.S.C. 1246(d)), by 
        striking ``or national historic'' and inserting ``national 
        historic, or national discovery'';</DELETED>
        <DELETED>    (10) in section 7(e) (16 U.S.C. 1246(e)), by 
        striking ``or national historic'' each place such term appears 
        and inserting ``, national historic, or national 
        discovery'';</DELETED>
        <DELETED>    (11) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by 
        striking ``National Scenic or Historic'' and inserting 
        ``national scenic, historic, or discovery trail'';</DELETED>
        <DELETED>    (12) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by 
        striking ``or national historic'' and inserting ``national 
        historic, or national discovery''; and</DELETED>
        <DELETED>    (13) in section 7(i) (16 U.S.C. 1246(i)), by 
        striking ``or national historic'' and inserting ``national 
        historic, or national discovery''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Discovery Trails Act of 
1998''.

SEC. 2. NATIONAL TRAILS SYSTEM ACT AMENDMENTS.

    (a)(1) Section 3(a) of the National Trails System Act (16 U.S.C. 
1242(a)) is amended by inserting after paragraph (4) the following:
            ``(5) National discovery trails, established as provided in 
        section 5, which will be extended, continuous, interstate 
        trails so located as to provide for outstanding outdoor 
        recreation and travel and to connect representative examples of 
        America's trails and communities. National discovery trails 
        should provide for the conservation and enjoyment of 
        significant natural, cultural, and historic resources 
        associated with each trail and should be so located as to 
        represent metropolitan, urban, rural, and back country regions 
        of the Nation. Any such trail may be designated on federal 
        lands and, with the consent of the owner thereof, on any non 
        federal lands.''.
    (2) Feasibility Requirements; Cooperative Management Requirement.--
Section 5(b) of such Act (16 U.S.C. 1244) is amended by adding at the 
end the following new paragraph:
            ``(12) For purposes of subsection (b), a trail shall not be 
        considered feasible and desirable for designation as a national 
        discovery trail unless it meets all of the following criteria:
                    ``(A) The trail must link one or more areas within 
                the boundaries of a metropolitan area (as those 
                boundaries are determined under section 134(c) of title 
                23, United States Code). It should also join with other 
                trails, connecting the National Trails System to 
                significant recreation and resources areas.
                    ``(B) The trail must be supported by at least one 
                competent trailwide nonprofit organization. Each trail 
                should have extensive local and trailwide support by 
                the public, by user groups, and by affected State and 
                local governments.
                    ``(C) The trail must be extended and pass through 
                more than one State. At a minimum, it should be a 
                continuous, walkable route.
            ``(13) The appropriate Secretary for each national 
        discovery trail shall administer the trail in cooperation with 
        at least one competent trailwide volunteer-based organization. 
        Where the designation of discovery trail is aligned with other 
        units of the National Trails System, or State or local trails, 
        the designation of a discovery trail shall not affect the 
        protections or authorities provided for the other trail or 
        trails, nor shall the designation of a discovery trail diminish 
        the values and significance for which those trails were 
        established.''.
    (b) Designation of the American Discovery Trail as a National 
Discovery Trail.--Section 5(a) of such Act (16 U.S.C. 1244(a)) is 
amended--
            (1) by redesignating the paragraph relating to the 
        California National Historic Trail as paragraph (18);
            (2) by redesignating the paragraph relating to the Pony 
        Express National Historic Trail as paragraph (19);
            (3) by redesignating the paragraph relating to the Selma to 
        Montgomery National Historic Trail as paragraph (20); and
            (4) by adding at the end the following:
            ``(21) The American Discovery Trail, a trail of 
        approximately 6,000 miles extending from Cape Henlopen State 
        Park in Delaware to Point Reyes National Seashore in 
        California, extending westward through Delaware, Maryland, the 
        District of Columbia, West Virginia, Ohio, and Kentucky, where 
        near Cincinnati it splits into two routes. The Northern Midwest 
        route traverses Ohio, Indiana, Illinois, Iowa, Nebraska, and 
        Colorado, and the Southern Midwest route traverses Indiana, 
        Illinois, Missouri, Kansas, and Colorado. After the two routes 
        rejoin in Denver, Colorado, the route continues through 
        Colorado, Utah, Nevada, and California. The trail is generally 
        described in Volume 2 of the National Park Service feasibility 
        study dated June 1995 which shall be on file and available for 
public inspection in the office of the Director of the National Park 
Service, Department of the Interior, the District of Columbia. The 
American Discovery Trail shall be administered by the Secretary of the 
Interior in cooperation with at least one competent trailwide 
volunteer-based organization and other affected federal land managing 
agencies, and state and local governments, as appropriate. No lands or 
interests outside the exterior boundaries of federally administered 
areas may be acquired by the Federal Government solely for the American 
Discovery Trail. The provisions of sections 7(e), 7(f), and 7(g) shall 
not apply to the American Discovery Trail.''.
    (c) Comprehensive National Discovery Trail Plan.--Section 5 of such 
Act (16 U.S.C. 1244) is further amended by adding at the end the 
following new subsection:
    ``(g) Within three complete fiscal years after the date of 
enactment of any law designating a national discovery trail, the 
administering Federal agency shall, in cooperation with at least one 
competent trailwide volunteer-based organization, submit a 
comprehensive plan for the protection, management, development, and use 
of the federal portions of the trail, and provide technical assistance 
to states and local units of government and private landowners, as 
requested, for non-federal portions of the trail, to the Committee on 
Resources of the United States House of Representatives and the 
Committee on Energy and Natural Resources of the United States Senate. 
The responsible Secretary shall ensure that the comprehensive plan for 
the entire trail does not conflict with existing agency direction and 
that the volunteer-based organization shall consult with the affected 
land managing agencies, the Governors of the affected States, affected 
county and local political jurisdictions, and local organizations 
maintaining components of the trail. Components of the comprehensive 
plan include--
            ``(1) policies and practices to be observed in the 
        administration and management of the trail, including the 
        identification of all significant natural, historical, and 
        cultural resources to be preserved, model agreements necessary 
        for joint trail administration among and between interested 
        parties, and an identified carrying capacity for critical 
        segments of the trail and a plan for their implementation where 
        appropriate;
            ``(2) general and site-specific trail-related development 
        including costs; and
            ``(3) the process to be followed by the volunteer-based 
        organization, in cooperation with the appropriate Secretary, to 
        implement the trial marking authorities in section 7(c) 
        conforming to approved trail logo or emblem requirements.''. 
        Nothing in this Act may be construed to impose or permit the 
        imposition of any landowner on the use of any non federal lands 
        without the consent of the owner thereof. Neither the 
        designation of a National Discovery Trail nor any plan relating 
        thereto shall affect or be considered in the granting or denial 
        of a right of way or any conditions relating thereto.''.

SEC. 3. CONFORMING AMENDMENTS.

    The National Trails System Act is amended--
            (1) in section 2(b) (16 U.S.C. 1241(b)), by striking 
        ``scenic and historic'' and inserting ``scenic, historic, and 
        discovery'';
            (2) in the section heading to section 5 (16 U.S.C. 1244), 
        by striking ``AND NATIONAL HISTORIC'' and inserting ``, 
        NATIONAL HISTORIC, AND NATIONAL DISCOVERY'';
            (3) in section 5(a) (16 U.S.C. 1244(a)), in the matter 
        preceding paragraph (1)--
                    (A) by striking ``and national historic'' and 
                inserting ``, national historic, and national 
                discovery''; and
                    (B) by striking ``and National Historic'' and 
                inserting ``, National Historic, and National 
                Discovery'';
            (4) in section 5(b) (16 U.S.C. 1244(b)), in the matter 
        preceding paragraph (1), by striking ``or national historic'' 
        and inserting ``, national historic, or national discovery;
            (5) in section 5(b)(3) (16 U.S.C. 1244(b)(3)), by striking 
        ``or national historic'' and inserting ``, national historic, 
        or national discovery'';
            (6) in section 7(a)(2) (16 U.S.C. 1246(a)(2)), by striking 
        ``and national historic'' and inserting ``, national historic, 
        and national discovery'';
            (7) in section 7(b) (16 U.S.C. 1246(b)), by striking ``or 
        national historic'' each place such term appears and inserting 
        ``, national historic, or national discovery'';
            (8) in section 7(c) (16 U.S.C. 1246(c))--
                    (A) by striking ``scenic or national historic'' 
                each place it appears and inserting ``scenic, national 
                historic, or national discovery'';
                    (B) in the second proviso, by striking ``scenic, or 
                national historic'' and inserting ``scenic, national 
                historic, or national discovery''; and
                    (C) by striking ``, and national historic'' and 
                inserting ``, national historic, and national 
                discovery'';
            (9) in section 7(d) (16 U.S.C. 1246(d)), by striking ``or 
        national historic'' and inserting ``national historic, or 
        national discovery'';
            (10) in section 7(e) (16 U.S.C. 1246(e)), by striking ``or 
        national historic'' each place such term appears and inserting 
        ``, national historic, or national discovery'';
            (11) in section 7(f)(2) (16 U.S.C. 1246(f)(2)), by striking 
        ``National Scenic or Historic'' and inserting ``national 
        scenic, historic, or discovery trail'';
            (12) in section 7(h)(1) (16 U.S.C. 1246(h)(1)), by striking 
        ``or national historic'' and inserting ``national historic, or 
        national discovery''; and
            (13) in section 7(i) (16 U.S.C. 1246(i)), by striking ``or 
        national historic'' and inserting ``national historic, or 
        national discovery''.