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






                                                       Calendar No. 203
108th CONGRESS
  1st Session
                                 S. 651

                          [Report No. 108-95]

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

                             July 11, 2003

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

_______________________________________________________________________

                                 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,

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

<DELETED>    This Act may be cited as the ``National Trails System 
Willing Seller Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    The Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. SENSE OF THE CONGRESS REGARDING MULTIJURISDICTIONAL 
              AUTHORITY OVER THE NATIONAL TRAILS SYSTEM.</DELETED>

<DELETED>    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--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) be granted sufficient authority to purchase 
        lands and interests in lands from willing sellers that are 
        critical to the completion of the trail.</DELETED>

<DELETED>SEC. 4. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR 
              CERTAIN TRAILS OF THE NATIONAL TRAILS SYSTEM 
              ACT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Limited Acquisition Authority.--</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (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.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (d) Conforming Amendment.--Section 10(c) of the National 
Trails System Act (16 U.S.C. 1249(c)) is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (1); and</DELETED>
        <DELETED>    (2) by striking ``(2) Except'' and inserting 
        ``Except''.</DELETED>

SECTION 1. SHORT TITLE.

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

SEC. 2. AUTHORITY TO ACQUIRE LANDS FROM WILLING SELLERS FOR CERTAIN 
              TRAILS.

    (a) Oregon National Historic Trail.--Section 5(a)(3) of the 
National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding 
at the end the following: ``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. The authority of the Federal government to acquire fee 
title under this paragraph shall be limited to an average of not more 
than one-quarter mile on either side of the trail.''.
    (b) Mormon Pioneer National Historic Trail.--Section 5(a)(4) of the 
National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding 
at the end the following: ``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. The authority of the Federal government to acquire fee 
title under this paragraph shall be limited to an average of not more 
than one-quarter mile on either side of the trail.''.
    (c) Continental Divide National Scenic Trail.--Section 5(a)(5) of 
the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended by 
adding at the end the following: ``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. The authority of the Federal government 
to acquire fee title under this paragraph shall be limited to an 
average of not more than one-quarter mile on either side of the 
trail.''.
    (d) 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 by 
adding at the end the following: ``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. The authority of the Federal government 
to acquire fee title under this paragraph shall be limited to an 
average of not more than one-quarter mile on either side of the 
trail.''.
    (e) Iditarod National Historic Trail.--Section 5(a)(7) of the 
National Trails System Act (16 U.S.C. 1244(a)(7)) is amended by adding 
at the end the following: ``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. The authority of the Federal government to acquire fee 
title under this paragraph shall be limited to an average of not more 
than one-quarter mile on either side of the trail.''.
    (f) 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 the following: ``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.''.
    (g) 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 the following: ``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.''.
    (h) 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 the following: ``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.''.
    (i) Nez Perce National Historic Trail.--Section 5(a)(14) of the 
National Trails System Act (16 U.S.C. 1244(a)(14)) is amended by adding 
at the end the following: ``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. The authority of the Federal government to acquire fee 
title under this paragraph shall be limited to an average of not more 
than one-quarter mile on either side of the trail.''.

SEC. 3. CONFORMING AMENDMENT.

    Section 10(c) of the National Trails System Act (16 U.S.C. 1249(c)) 
is amended to read as follows:
    ``(c)(1) Except as otherwise provided in this Act, there is 
authorized to be appropriated such sums as may be necessary to 
implement the provisions of this Act relating to the trails designated 
by section 5(a).
    ``(2) Not more than $500,000 may be appropriated for the purposes 
of land acquisition and interests therein for the Natchez Trace 
National Scenic Trail designated by section 5(a)(12) of this Act, and 
not more than $2,000,000 may be appropriated for the purposes of the 
development of such trail. The administering agency for the trail shall 
encourage volunteer trail groups to participate in the development of 
the trail.''.




                                                       Calendar No. 203

108th CONGRESS

  1st Session

                                 S. 651

                          [Report No. 108-95]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             July 11, 2003

                       Reported with an amendment