[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 37 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                      November 20 (legislative day, November 19), 2002.
    Resolved, That the bill from the House of Representatives (H.R. 37) 
entitled ``An Act to amend the National Trails System Act to update the 
feasibility and suitability studies of 4 national historic trails and 
provide for possible additions to such trails.'', do pass with the 
following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

               TITLE I--NATIONAL HISTORIC TRAILS STUDIES

SEC. 101. REVISION OF FEASIBILITY AND SUITABILITY STUDIES OF EXISTING 
              NATIONAL HISTORIC TRAILS.

    Section 5 of the National Trails System Act (16 U.S.C. 1244) is 
amended by inserting the following new subsection:
    ``(g) The Secretary shall revise the feasibility and suitability 
studies for certain national trails for consideration of possible 
additions to the trails:
            ``(1) In general.--
                    ``(A) Definitions.--In this subsection:
                            ``(i) Route.--The term `route' includes a 
                        trail segment commonly known as a cutoff.
                            ``(ii) Shared route.--The term `shared' 
                        route means a route that was a segment of more 
                        than one historic trail, including a route 
                        shared with an existing national historic 
                        trail.
                    ``(B) Study requirements and objectives.--The study 
                requirements and objectives specified in subsection (b) 
                shall apply to a study required by this subsection.
                    ``(C) Completion and submission of study.--A study 
                listed in this subsection shall be completed and 
                submitted to the Congress not later than 3 complete 
                fiscal years from the date of the enactment of this 
                subsection, or from the date of the enactment of the 
                addition of the study to this subsection, whichever is 
                later.
            ``(2) Oregon national historic trail.--
                    ``(A) Study required.--The Secretary of the 
                Interior shall undertake a study of the routes of the 
                Oregon Trail listed in subparagraph (B) and generally 
                depicted on the map entitled `Western Emigrant Trails 
                1830/1870' and dated 1991/1993, and of such other 
                routes of the Oregon Trail that the Secretary considers 
                appropriate, to determine the feasibility and 
                suitability of designation of one or more of the routes 
                as components of the Oregon National Historic Trail.
                    ``(B) Covered routes.--The routes to be studied 
                under subparagraph (A) shall include the following:
                            ``(i) Whitman Mission route.
                            ``(ii) Upper Columbia River.
                            ``(iii) Cowlitz River route.
                            ``(iv) Meek cutoff.
                            ``(v) Free Emigrant Road.
                            ``(vi) North Alternate Oregon Trail.
                            ``(vii) Goodale's cutoff.
                            ``(viii) North Side alternate route.
                            ``(ix) Cutoff to Barlow Road.
                            ``(x) Naches Pass Trail.
            ``(3) Pony express national historic trail.--The Secretary 
        of the Interior shall undertake a study of the approximately 
        20-mile southern alternative route of the Pony Express Trail 
        from Wathena, Kansas, to Troy, Kansas, and such other routes of 
        the Pony Express Trail that the Secretary considers 
        appropriate, to determine the feasibility and suitability of 
        designation of one or more of the routes as components of the 
        Pony Express National Historic Trail.
            ``(4) California national historic trail.--
                    ``(A) Study required.--The Secretary of the 
                Interior shall undertake a study of the Missouri 
                Valley, central, and western routes of the California 
                Trail listed in subparagraph (B) and generally depicted 
                on the map entitled `Western Emigrant Trails 1830/1870' 
                and dated 1991/1993, and of such other and shared 
                Missouri Valley, central, and western routes that the 
                Secretary considers appropriate, to determine the 
                feasibility and suitability of designation of one or 
                more of the routes as components of the California 
                National Historic Trail.
                    ``(B) Covered routes.--The routes to be studied 
                under subparagraph (A) shall include the following:
                            ``(i) Missouri Valley Routes.--
                                    ``(I) Blue Mills-Independence Road.
                                    ``(II) Westport Landing Road.
                                    ``(III) Westport-Lawrence Road.
                                    ``(IV) Fort Leavenworth-Blue River 
                                route.
                                    ``(V) Road to Amazonia.
                                    ``(VI) Union Ferry Route.
                                    ``(VII) Old Wyoming-Nebraska City 
                                cutoff.
                                    ``(VIII) Lower Plattsmouth Route.
                                    ``(IX) Lower Bellevue Route.
                                    ``(X) Woodbury cutoff.
                                    ``(XI) Blue Ridge cutoff.
                                    ``(XII) Westport Road.
                                    ``(XIII) Gum Springs-Fort 
                                Leavenworth route.
                                    ``(XIV) Atchison/Independence Creek 
                                routes.
                                    ``(XV) Fort Leavenworth-Kansas 
                                River route.
                                    ``(XVI) Nebraska City cutoff 
                                routes.
                                    ``(XVII) Minersville-Nebraska City 
                                Road.
                                    ``(XVIII) Upper Plattsmouth route.
                                    ``(XIX) Upper Bellevue route.
                            ``(ii) Central routes.--
                                    ``(I) Cherokee Trail, including 
                                splits.
                                    ``(II) Weber Canyon route of 
                                Hastings cutoff.
                                    ``(III) Bishop Creek cutoff.
                                    ``(IV) McAuley cutoff.
                                    ``(V) Diamond Springs cutoff.
                                    ``(VI) Secret Pass.
                                    ``(VII) Greenhorn cutoff.
                                    ``(VIII) Central Overland Trail.
                            ``(iii) Western routes.--
                                    ``(I) Bidwell-Bartleson route.
                                    ``(II) Georgetown/Dagget Pass 
                                Trail.
                                    ``(III) Big Trees Road.
                                    ``(IV) Grizzly Flat cutoff.
                                    ``(V) Nevada City Road.
                                    ``(VI) Yreka Trail.
                                    ``(VII) Henness Pass route.
                                    ``(VIII) Johnson cutoff.
                                    ``(IX) Luther Pass Trail.
                                    ``(X) Volcano Road.
                                    ``(XI) Sacramento-Coloma Wagon 
                                Road.
                                    ``(XII) Burnett cutoff.
                                    ``(XIII) Placer County Road to 
                                Auburn.
            ``(5) Mormon pioneer national historic trail.--
                    ``(A) Study required.--The Secretary of the 
                Interior shall undertake a study of the routes of the 
                Mormon Pioneer Trail listed in subparagraph (B) and 
                generally depicted on the map entitled `Western 
                Emigrant Trails 1830/1870' and dated 1991/1993, and of 
                such other routes of the Mormon Pioneer Trail that the 
                Secretary considers appropriate, to determine the 
                feasibility and suitability of designation of one or 
                more of the routes as components of the Mormon Pioneer 
                National Historic Trail.
                    ``(B) Covered routes.--The routes to be studied 
                under subparagraph (A) shall include the following:
                            ``(i) 1846 Subsequent routes A and B (Lucas 
                        and Clarke Counties, Iowa).
                            ``(ii) 1856-57 Handcart route (Iowa City to 
                        Council Bluffs).
                            ``(iii) Keokuk route (Iowa).
                            ``(iv) 1847 Alternative Elkhorn and Loup 
                        River Crossings in Nebraska.
                            ``(v) Fort Leavenworth Road; Ox Bow route 
                        and alternates in Kansas and Missouri (Oregon 
                        and California Trail routes used by Mormon 
                        emigrants).
                            ``(vi) 1850 Golden Pass Road in Utah.
            ``(6) Shared california and oregon trail routes.--
                    ``(A) Study required.--The Secretary of the 
                Interior shall undertake a study of the shared routes 
                of the California Trail and Oregon Trail listed in 
                subparagraph (B) and generally depicted on the map 
                entitled `Western Emigrant Trails 1830/1870' and dated 
                1991/1993, and of such other shared routes that the 
                Secretary considers appropriate, to determine the 
                feasibility and suitability of designation of one or 
                more of the routes as shared components of the 
                California National Historic Trail and the Oregon 
                National Historic Trail.
                    ``(B) Covered routes.--The routes to be studied 
                under subparagraph (A) shall include the following:
                            ``(i) St. Joe Road.
                            ``(ii) Council Bluffs Road.
                            ``(iii) Sublette cutoff.
                            ``(iv) Applegate route.
                            ``(v) Old Fort Kearny Road (Oxbow Trail).
                            ``(vi) Childs cutoff.
                            ``(vii) Raft River to Applegate.''.

        TITLE II--NATIONAL TRAILS SYSTEM ACQUISITION AUTHORITIES

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Trails System Willing 
Seller Act''.

SEC. 202. FINDINGS.

    The Congress finds the following:
            (1) In spite of commendable efforts by State and local 
        governments and private volunteer trail groups to develop, 
        operate, and maintain the national scenic and national historic 
        trails designated by Act of Congress in section 5(a) of the 
        National Trails System Act (16 U.S.C. 1244(a)), the rate of 
        progress towards developing and completing the trails is slower 
        than anticipated.
            (2) Nine of the 12 national scenic and historic trails 
        designated between 1978 and 1986 are subject to restrictions 
        totally excluding Federal authority for land acquisition 
        outside the exterior boundaries of any federally administered 
        area, including the North Country National Scenic Trail, the 
        Ice Age National Scenic Trail, and the Potomac Heritage 
        National Scenic Trail.
            (3) To complete the North Country National Scenic Trail, 
        the Ice Age National Scenic Trail, and the Potomac Heritage 
        National Scenic Trail as intended by Congress, acquisition 
        authority to secure necessary rights-of-way and historic sites 
        and segments, limited to acquisition from willing sellers only, 
        and specifically excluding the use of condemnation, should be 
        extended to the Secretary of the Federal department 
        administering these trails.

SEC. 203. SENSE OF THE CONGRESS REGARDING MULTIJURISDICTIONAL AUTHORITY 
              OVER THE NATIONAL TRAILS SYSTEM.

    It is the sense of the Congress that in order to address the 
problems involving multijurisdictional authority over the National 
Trails System, the Secretary of the Federal department with 
jurisdiction over a national scenic or historic trail should--
            (1) cooperate with appropriate officials of each State and 
        political subdivisions of each State in which the trail is 
        located and private persons with an interest in the trail to 
        pursue the development of the trail; and
            (2) be granted sufficient authority to purchase lands and 
        interests in lands from willing sellers that are critical to 
        the completion of the trail.

SEC. 204. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR CERTAIN 
              TRAILS OF THE NATIONAL TRAILS SYSTEM ACT.

    (a) Limited Acquisition Authority.--
            (1) North country national scenic trail.--Section 5(a)(8) 
        of the National Trails System Act (16 U.S.C. 1244(a)(8)) is 
        amended by adding at the end: ``No lands or interests therein 
        outside the exterior boundaries of any federally administered 
        area may be acquired by the Federal Government for the trail 
        except with the consent of the owner thereof.''.
            (2) Ice age national scenic trail.--Section 5(a)(10) of the 
        National Trails System Act (16 U.S.C. 1244(a)(10)) is amended 
        by adding at the end: ``No lands or interests therein outside 
        the exterior boundaries of any federally administered area may 
        be acquired by the Federal Government for the trail except with 
        the consent of the owner thereof.''.
            (3) Potomac heritage national scenic trail.--Section 
        5(a)(11) of the National Trails System Act (16 U.S.C. 
        1244(a)(11)) is amended by adding at the end: ``No lands or 
        interests therein outside the exterior boundaries of any 
        federally administered area may be acquired by the Federal 
        Government for the trail except with the consent of the owner 
        thereof.''.
    (b) Conforming Amendment.--Section 10(c)(1) of the National Trails 
System Act (16 U.S.C. 1249(c)(1)) is amended by striking ``the North 
Country National Scenic Trail, The Ice Age National Scenic Trail.''.

          TITLE III--OLD SPANISH TRAIL NATIONAL HISTORIC TRAIL

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Old Spanish Trail Recognition Act 
of 2002''.

SEC. 302. AUTHORIZATION AND ADMINISTRATION.

    Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) 
is amended--
            (1) by redesignating the second paragraph (21) as paragraph 
        (22); and
            (2) by adding at the end the following:
                    ``(23) Old spanish national historic trail.--
                    ``(A) In general.--The Old Spanish National 
                Historic Trail, an approximately 2,700 mile long trail 
                extending from Santa Fe, New Mexico, to Los Angeles, 
                California, that served as a major trade route between 
                1829 and 1848, as generally depicted on the maps 
                numbered 1 through 9, as contained in the report 
                entitled `Old Spanish Trail National Historic Trail 
                Feasibility Study', dated July 2001, including the 
                Armijo Route, Northern Route, North Branch, and Mojave 
                Road''.
                    ``(B) Map.--A map generally depicting the trail 
                shall be on file and available for public inspection in 
                the appropriate offices of the Department of the 
                Interior.
                    ``(C) Administration.--The trail shall be 
                administered by the Secretary of the Interior (referred 
                to in this paragraph as the `Secretary').
                    ``(D) Land acquisition.--The United States shall 
                not acquire for the trail any land or interest in land 
                outside the exterior boundary of any federally-managed 
                area without the consent of the owner of the land or 
                interest in land.
                    ``(E) Consultation.--The Secretary shall consult 
                with other Federal, State, local, and tribal agencies 
                in the administration of the trail.
                    ``(F) Additional routes.--The Secretary may 
                designate additional routes to the trail if--
                            ``(i) the additional routes were included 
                        in the Old Spanish Trail National Historic 
                        Trail Feasibility Study, but were not 
                        recommended for designation as a national 
                        historic trail; and
                            ``(ii) the Secretary determines that the 
                        additional routes were used for trade and 
                        commerce between 1829 and 1848.''.

       TITLE IV--LEWIS AND CLARK NATIONAL HISTORIC TRAIL ADDITION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Lewis and Clark National Historic 
Trail Amendments Act of 2002''.

SEC. 402. FINDINGS.

    Congress finds that--
            (1) the National Trails System--
                    (A) was established in 1968 to--
                            (i) provide additional recreational 
                        opportunities to the people of the United 
                        States; and
                            (ii) preserve access to outdoor areas and 
                        historical resources of the United States; and
            (B) since 1968, has been modified to--
                            (i) recognize new categories of trails; and
                            (ii) expand trails;
            (2) the Lewis and Clark National Historic Trail, as 
        designated in 1978, omits several historically significant 
        sites relating to the Lewis and Clark Expedition;
            (3) Meriwether Lewis and William Clark gathered at the 
        Falls of the Ohio, located in Clarksville, Indiana, and 
        Louisville, Kentucky, to plan and prepare for the expedition;
            (4) the Falls of the Ohio was also the site at which--
                    (A) Lewis and Clark selected the first enlisted 
                members of the expedition; and
                    (B) those members were sworn into the Army at a 
                ceremony witnessed by General George Rogers Clark;
            (5) on July 13, 2001, the National Park Service certified 
        the Falls of the Ohio as an official Lewis and Clark site 
        associated with the Lewis and Clark National Historic Trail;
            (6) on July 22, 2002, the National Park Service certified 
        historic Locust Grove in Louisville, Kentucky, as an official 
        Lewis and Clark site associated with the Lewis and Clark 
        National Historic Trail;
            (7) the National Council of the Lewis and Clark 
        Bicentennial has designated the Falls of the Ohio as a national 
        signature event site at which to commemorate, during October 
        2003, the bicentennial of events in the area relating to the 
        Lewis and Clark Expedition; and
            (8) the areas in and around Clarksville, Indiana, and 
        Louisville, Kentucky, including the Falls of the Ohio--
                    (A) are the sites of events that were significant 
                to the Lewis and Clark Expedition; and
                    (B) should be recognized and protected as 
                components of the Lewis and Clark National Historic 
                Trail.

SEC. 403. EXTENSION OF LEWIS AND CLARK NATIONAL HISTORIC TRAIL.

    Section 5(a)(6) of the National Trails System Act (16 U.S.C. 
1244(a)(6)) is amended--
            (1) by striking ``(6) The'' and inserting the following:
            ``(6) Lewis and clark national historic trail.--
                    ``(A) In general.--The''; and
            (2) by inserting after subparagraph (A) (as designated by 
        paragraph (1)) the following:
                    ``(B) Additional route.--In addition to the route 
                described in subparagraph (A), the Lewis and Clark 
                National Historic Trail shall include the route 
                traveled by Meriwether Lewis and William Clark from the 
                Falls of the Ohio, located in Clarksville, Indiana, and 
                Louisville, Kentucky, to Wood River, Illinois.''.

            Attest:

                                                             Secretary.
107th CONGRESS

  2d Session

                                H. R. 37

_______________________________________________________________________

                               AMENDMENT