[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1261 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1261

 To amend the National Trails System Act to improve the efficiency and 
fairness of acquiring railroad rights-of-way for interim use as public 
  trails by applying the procedures applicable to other Federal real 
                          estate acquisitions.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2005

Mr. Ryun of Kansas introduced the following bill; which was referred to 
                       the Committee on Resources

_______________________________________________________________________

                                 A BILL


 
 To amend the National Trails System Act to improve the efficiency and 
fairness of acquiring railroad rights-of-way for interim use as public 
  trails by applying the procedures applicable to other Federal real 
                          estate acquisitions.

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

SECTION 1. CONVEYANCE OF RAILROAD RIGHTS-OF-WAY FOR INTERIM USE AS 
              PUBLIC TRAILS.

    (a) Fair Acquisition Procedures.--Section 8(d) of the National 
Trails System Act (16 U.S.C. 1247(d)) is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) In the case of any donation, transfer, lease, sale, or other 
conveyance of a railroad right-of-way for interim use described in 
paragraph (1), the interim use of the right-of-way shall not begin 
until the payment or deposit of compensation to each of the owners of 
the land underlying the right-of-way has been made--
            ``(A) in accordance with--
                    ``(i) section 301 of the Uniform Relocation 
                Assistance and Real Property Acquisition Policies Act 
                of 1970 (42 U.S.C. 4651); and
                    ``(ii) sections 3113 and 3114 of title 40, United 
                States Code; or
            ``(B) pursuant to the order of a court of competent 
        jurisdiction in a condemnation proceeding consistent with such 
        sections.''.
    (b) Effective Date.--Paragraph (2) of section 8(d) of the National 
Trails System Act, as added by subsection (a), shall apply only to the 
interim use of railroad rights-of-way pursuant to donations, transfers, 
leases, sales, or other conveyances described in such section that are 
entered into on or after the date of the enactment of this Act.
                                 <all>