[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1729 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1729

 To amend the National Trails System Act to clarify Federal authority 
 relating to land acquisition from willing sellers for the majority of 
                  the trails, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 14, 1999

  Mr. Campbell (for himself and Mr. Allard) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the National Trails System Act to clarify Federal authority 
 relating to land acquisition from willing sellers for the majority of 
                  the trails, 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 ``Trails Willing Seller Act of 1999''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) despite commendable efforts by the State governments 
        (including political subdivisions) and private volunteer trail 
        groups to develop, operate, and maintain the national scenic 
        and national historic trails, the rate of progress toward 
        developing and completing the trails is slower than 
        anticipated;
            (2) Congress authorized several national scenic and 
        historic trails between 1978 and 1986, with restrictions 
        excluding Federal authority for land acquisition;
            (3) to develop and complete the authorized trails as 
        intended by Congress, acquisition authority to secure necessary 
        rights-of-way and historic sites and segments specifically 
        excluding condemnation authority should be extended to the head 
        of each Federal agency administering a trail;
            (4) to address the problems involving multijurisdictional 
        authority over the national trails system, the head of each 
        Federal agency with jurisdiction over an individual trail--
                    (A) should cooperate with appropriate officials of 
                States (including political subdivisions) and private 
                persons with an interest in the trails to complete the 
                development of the trails; and
                    (B) should be granted sufficient authority to 
                purchase land from willing sellers that is critical to 
                the completion of the trails; and
            (5) land or interests in land for the authorized components 
        of the National Trails System affected by this Act should only 
        be acquired by the Federal Government only from willing 
        sellers.

SEC. 3. ACQUISITION OF TRAILS FROM WILLING SELLERS.

    (a) Acquisition Authority.--Section 5(a) of the National Trails 
System Act (16 U.S.C. 1244(a)) is amended--
            (1) in the fourth sentence of paragraph (11)--
                    (A) by striking ``No lands or interest therein 
                outside the exterior'' and inserting ``No land or 
                interest in land outside of the exterior''; and
                    (B) by inserting before the period the following: 
                ``without the consent of the owner of the land or 
                interest''; and
            (2) in the fourth sentence of paragraph (14)--
                    (A) by striking ``No lands or interests therein 
                outside the exterior'' and inserting ``No land or 
                interest in land outside of the exterior''; and
                    (B) by inserting before the period the following: 
                ``without the consent of the owner of the land or 
                interest''.
    (b) Expenditure of Funds.--Section 10(c) of the National Trails 
System Act (16 U.S.C. 1249(c)) is amended by striking subsection (c) 
and all that follows through the end of paragraph (1) and inserting the 
following:
    ``(c) Expenditure of Funds.--
            ``(1) Trails.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law (including any other provision of this 
                Act), except as provided in subparagraph (B), no funds 
                may be expended by the Federal Government for the 
                acquisition of any land or interest in land outside of 
                the exterior boundaries of Federal land that, on the 
                date of enactment of this subparagraph, comprises--
                            ``(i) the Continental Divide National 
                        Scenic Trail;
                            ``(ii) the North Country National Scenic 
                        Trail;
                            ``(iii) the Ice Age National Scenic Trail;
                            ``(iv) the Oregon National Historic Trail;
                            ``(v) the Mormon Pioneer National Historic 
                        Trail;
                            ``(vi) the Lewis and Clark National 
                        Historic Trail; and
                            ``(vii) the Iditarod National Historic 
                        Trail.
                    ``(B) Consent of landowner.--The Federal Government 
                may acquire land or an interest in land outside the 
                exterior boundary of Federal land described in 
                subparagraph (A) with the consent of the owner of the 
                land or interest.
            ``(2) Failure to make payment.--If the Federal Government 
        fails to make payment in accordance with a contract for sale of 
        land or an interest in land under this subsection, the seller 
        may use all remedies available under all applicable law, 
        including electing to void the sale.''.
                                 <all>