[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 651 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 651

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2003

  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 in the System, 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 ``National Trails System Willing 
Seller Act''.

SEC. 2. 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 twelve 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.
            (3) To complete these nine trails 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. 3. 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. 4. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR CERTAIN 
              TRAILS OF THE NATIONAL TRAILS SYSTEM ACT.

    (a) Intent.--It is the intent of Congress that lands and interests 
in lands for the nine components of the National Trails System affected 
by the amendments made by subsection (b) shall only be acquired by the 
Federal Government from willing sellers.
    (b) Limited Acquisition Authority.--
            (1) Oregon national historic trail.--Paragraph (3) of 
        section 5(a) of the National Trails System Act (16 U.S.C. 
        1244(a)) is amended by adding at the end the following new 
        sentence: ``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) Mormon pioneer national historic trail.--Paragraph (4) 
        of such section is amended by adding at the end the following 
        new sentence: ``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) Continental divide national scenic trail.--Paragraph 
        (5) of such section is amended by adding at the end the 
        following new sentence: ``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.''.
            (4) Lewis and clark national historic trail.--Paragraph (6) 
        of such section is amended by adding at the end the following 
        new sentence: ``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.''.
            (5) Iditarod national historic trail.--Paragraph (7) of 
        such section is amended by adding at the end the following new 
        sentence: ``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.''.
            (6) North country national scenic trail.--Paragraph (8) of 
        such section is amended by adding at the end the following new 
        sentence: ``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.''.
            (7) Ice age national scenic trail.--Paragraph (10) of such 
        section is amended by adding at the end the following new 
        sentence: ``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.''.
            (8) Potomac heritage national scenic trail.--Paragraph (11) 
        of such section is amended in the fourth sentence by inserting 
        before the period the following: ``except with the consent of 
        the owner thereof.''.
            (9) Nez perce national historic trail.--Paragraph (14) of 
        such section is amended in the fourth sentence by inserting 
        before the period the following: ``except with the consent of 
        the owner thereof.''.
    (c) Protection for Willing Sellers.--Section 7 of the National 
Trails System Act (16 U.S.C. 1246) is amended by adding at the end the 
following new subsection:
    ``(l) Protection for Willing Sellers.--If the Federal Government 
fails to make payment in accordance with a contract for the sale of 
land or an interest in land for one of the national scenic or historic 
trails designated by section 5(a), the seller may utilize any of the 
remedies available to the seller under all applicable law, including 
electing to void the sale.''.
    (d) Conforming Amendment.--Section 10(c) of the National Trails 
System Act (16 U.S.C. 1249(c)) is amended--
            (1) by striking paragraph (1); and
            (2) by striking ``(2) Except'' and inserting ``Except''.
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