[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5980 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5980

  To direct the Secretary of the Interior to conduct a resource study 
  along the ``Ox-Bow Route'' of the Butterfield Overland Trail in the 
 States of Missouri, Tennessee, Arkansas, Oklahoma, Texas, New Mexico, 
            Arizona, and California, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2006

Mr. Boozman (for himself, Mr. Hall, Mr. Skelton, Mr. Berry, Mr. Snyder, 
    Mr. Ross, Mr. Ford, Mr. Reyes, Mr. Nunes, Mr. Calvert, and Mrs. 
  Blackburn) introduced the following bill; which was referred to the 
                         Committee on Resources

_______________________________________________________________________

                                 A BILL


 
  To direct the Secretary of the Interior to conduct a resource study 
  along the ``Ox-Bow Route'' of the Butterfield Overland Trail in the 
 States of Missouri, Tennessee, Arkansas, Oklahoma, Texas, New Mexico, 
            Arizona, and California, 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 ``Butterfield Overland Trail Study 
Act''.

SEC. 2. RESOURCE STUDY OF THE BUTTERFIELD OVERLAND TRAIL.

    (a) In General.--The Secretary of the Interior (hereafter in this 
Act referred to as the ``Secretary''), in consultation with appropriate 
Federal, State, county and local governmental entities, shall conduct a 
resource study along the ``Ox-Bow Route'' of the Butterfield Overland 
Trail in the States of Missouri, Tennessee, Arkansas, Oklahoma, Texas, 
New Mexico, Arizona, and California (hereafter in this Act referred to 
as the ``trail area''). The study shall evaluate a range of 
alternatives for protecting and interpreting the resources of the trail 
area, including alternatives for potential addition of the trail area 
to the National Trails System.
    (b) Study Objectives.--In conducting the study under subsection 
(a), the Secretary shall evaluate alternatives for achieving the 
following objectives:
            (1) Identifying the resources and historic themes 
        associated with the trail area.
            (2) Making a review of existing studies and reports to 
        complement, and not duplicate, other studies of the scenic or 
        historical importance of the Butterfield Overland Trail and 
        associated resources that may be underway or undertaken.
            (3) Establishing connections with partnerships already 
        engaged in the development of various trails and sites along 
        the corridor of the Butterfield Overland Trail.
            (4) Preserving recreational opportunities and facilitating 
        access for a variety of recreational users.
            (5) Protecting historically significant landscapes, 
        districts, sites, and structures of the trail area.
            (6) Identifying alternatives for preservation and 
        interpretation of the trail area by the National Park Service, 
        other Federal, State, or local governmental entities, or 
        private and non-profit organizations.
            (7) Identifying cost estimates for any necessary 
        acquisition, development, interpretation, operation, and 
        maintenance associated with the alternatives referred to in 
        subsection (a).
    (c) Transmission to Congress.--Not later than 3 years after funds 
are first made available for the study, the Secretary shall transmit 
the final study to the Committee on Energy and Natural Resources of the 
United States Senate and to the Committee on Resources of the United 
States House of Representatives.

SEC. 3. PRIVATE PROPERTY PROTECTIONS.

    (a) Alternatives to Protect Private Property.--In conducting the 
resource study under section 2(a), the Secretary shall not consider any 
alternative that would--
            (1) require any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to such private property;
            (2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property;
            (3) create any liability, or have any effect on any 
        liability under any other law, of any private property owner 
        with respect to any persons injured on such private property;
            (4) modify the authority of Federal, State, or local 
        governments to regulate land use; or
            (5) require the owner of any private property to 
        participate in or be associated with any addition to the 
        National Parks System.
    (b) Impacts on Private Property.--The study shall include an 
analysis and documentation regarding whether each alternative proposed 
has potential or actual impact on private property located within or 
abutting the trail area.
                                 <all>