II Calendar No. 236 109th CONGRESS 1st Session S. 206 [Report No. 109–144] IN THE SENATE OF THE UNITED STATES January 31, 2005 Ms. Cantwell (for herself, Mr. Craig, Mrs. Murray, Mr. Smith, Mr. Burns, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources October 19, 2005 Reported by Mr. Domenici, with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To designate the Ice Age Floods National Geologic Trail, and for other purposes.
1.
Short title
This Act may be cited as the Ice Age Floods National Geologic Trail Designation Act of 2005.
2.
Findings and purpose
(a)
Findings
Congress finds that— (1)at the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of the States of Montana, Idaho, Washington and Oregon; (2)geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on Federal, State, tribal, county, municipal, and private land in the region; and (3)in 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail— (A)to recognize the national significance of this phenomenon; and (B)to coordinate public and private sector entities in the presentation of the story of the Ice Age floods. (b)
Purpose
The purpose of this Act is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the features and story of the Ice Age floods through the collaborative efforts of public and private entities.
3.
Definitions
In this Act: (1)
Ice Age floods; floods
The term Ice Age floods or floods means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age from massive, rapid and recurring drainage of Glacial Lake in Missoula, Montana. (2)
Plan
The term plan means the cooperative management and interpretation plan authorized under section 5(f). (3)
Secretary
The term Secretary means the Secretary of the Interior. (4)
Trail
The term Trail means the Ice Age Floods National Geologic Trail designated by section 4(a).
4.
Ice Age Floods National Geologic Trail
(a)
Designation
In order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age floods and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail. (b)
Location
(1)
Map
The route of the Trail shall be generally depicted on the map entitled Ice Age Floods National Geologic Trail, numbered _____, and dated _____. (2)
Route
The route shall generally follow public roads and highways— (A)from the vicinity of Missoula in western Montana; (B)across northern Idaho; (C)through eastern and southern sections of Washington; (D)across northern Oregon in the vicinity of the Willamette Valley and the Columbia River; and (E)to the Pacific Ocean. (3)
Revision
The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the plan. (c)
Map availability
Any map referred to in subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service.
5.
Administration
(a)
In general
The Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this Act. (b)
Trail management office
In order for the National Park Service to manage the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a trail management office within the vicinity of the Trail. (c)
Land acquisition
(1)
In general
If the acquisition is consistent with the plan, the Secretary may acquire land, in a quantity not to exceed 25 acres, for administrative and public information purposes to facilitate the geographic diversity of the Trail throughout the States of Montana, Idaho, Washington, and Oregon. (2)
Methods
(A)
Private land
Private land may be acquired from a willing seller under this Act only by donation, purchase with donated or appropriated funds, or exchange. (B)
Non-federal public land
Non-Federal public land may be acquired from a willing seller under this Act— (i)only by donation or exchange; and (ii)after consultation with the affected unit of local government. (d)
Interpretive facilities
The Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the plan. (e)
Interagency technical committee
(1)
In general
The Secretary shall establish an interagency technical committee to advise the trail management office on the technical planning for the development of the plan. (2)
Composition
The committee— (A)shall include— (i)representatives from Federal, State, local, and tribal agencies with interests in the floods; and (ii)representatives from the Ice Age Floods Institute; and (B)may include private property owners, business owners, and nonprofit organizations. (f)
Management plan
(1)
In general
Not later than 3 years after funds are made available to carry out this Act under section 6, the Secretary shall prepare a cooperative management and interpretation plan for the Trail. (2)
Consultation
The Secretary shall prepare the plan in consultation with— (A)State, local, and tribal governments; (B)the Ice Age Floods Institute; (C)private property owners; and (D)other interested parties. (3)
Contents
The plan shall— (A)confirm and, if appropriate, expand on the inventory of features of the floods contained in the National Park Service study entitled “Ice Age Floods, Study of Alternatives and Environmental Assessment” (February 2001) by— (i)locating features more accurately; (ii)improving the description of features; and (iii)reevaluating the features in terms of their interpretive potential; (B)review and, if appropriate, modify the map of the Trail referred to in section 4(b); (C)describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that present the story of the floods to the public effectively; and (D)identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the floods. (g)
Cooperative management
(1)
In general
In order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in the States of Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of Public Law 91–383 (16 U.S.C. 1a–2(l)). (2)
Unit of National Park System
For purposes of this subsection, the Trail shall be considered a unit of the National Park System. (h)
Cooperative agreements
The Secretary may enter into cooperative agreements with public or private entities to carry out this Act. (i)
Effect on private property rights
Nothing in this Act— (1)requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or (2)modifies any provision of Federal, State, or local law with respect to public access to or use of private land. (j)
Liability
Designation of the Trail by section 4(a) does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person injured on the private property.
6.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act, of which not more than $500,000 may be used for each fiscal year for the administration of the Trail.
1.
Short title
This Act may be cited as the Ice Age Floods National Geologic Trail Designation Act.
2.
Findings and purpose
(a)
Findings
Congress finds that— (1)at the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of the States of Montana, Idaho, Washington and Oregon; (2)geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on Federal, State, tribal, county, municipal, and private land in the region; and (3)in 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail— (A)to recognize the national significance of this phenomenon; and (B)to coordinate public and private sector entities in the presentation of the story of the Ice Age floods. (b)
Purpose
The purpose of this Act is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the features and story of the Ice Age floods through the collaborative efforts of public and private entities.
3.
Definitions
In this Act: (1)
Ice Age floods; floods
The term Ice Age floods or floods means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age from massive, rapid and recurring drainage of Glacial Lake in Missoula, Montana. (2)
Plan
The term plan means the cooperative management and interpretation plan authorized under section 5(e). (3)
Secretary
The term Secretary means the Secretary of the Interior. (4)
Trail
The term Trail means the Ice Age Floods National Geologic Trail designated by section 4(a).
4.
Ice Age Floods National Geologic Trail
(a)
Designation
In order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age floods and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail. (b)
Location
(1)
Map
The route of the Trail shall be generally depicted on the map entitled Ice Age Floods National Geologic Trail, numbered P43/80,000 and dated June 2004. (2)
Route
The route shall generally follow public roads and highways. (3)
Revision
The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the plan. (c)
Map availability
The map referred to in subsection (b) shall be on file and available for public inspection in the appropriate offices of the National Park Service.
5.
Administration
(a)
In general
The Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this Act. (b)
Limitation
Except as provided in subsection (f)(2), the Trail shall not be considered to be a unit of the National Park System. (c)
Trail management office
To improve management of the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a trail management office at a central location within the vicinity of the Trail. (d)
Interpretive facilities
The Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the plan. (e)
Management plan
(1)
In general
Not later than 3 years after funds are made available to carry out this Act, the Secretary shall prepare a cooperative management and interpretation plan for the Trail. (2)
Consultation
The Secretary shall prepare the plan in consultation with— (A)State, local, and tribal governments; (B)the Ice Age Floods Institute; (C)private property owners; and (D)other interested parties. (3)
Contents
The plan shall— (A)confirm and, if appropriate, expand on the inventory of features of the floods contained in the National Park Service study entitled “Ice Age Floods, Study of Alternatives and Environmental Assessment” (February 2001) by— (i)locating features more accurately; (ii)improving the description of features; and (iii)reevaluating the features in terms of their interpretive potential; (B)review and, if appropriate, modify the map of the Trail referred to in section 4(b); (C)describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that present the story of the floods to the public effectively; and (D)identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the floods. (f)
Cooperative management
(1)
In general
In order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in the States of Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of Public Law 91–383 (16 U.S.C. 1a–2(l)). (2)
Authority
For purposes of this subsection only, the Trail shall be considered a unit of the National Park System. (g)
Cooperative agreements
The Secretary may enter into cooperative agreements with public or private entities to carry out this Act. (h)
Effect on private property rights
Nothing in this Act— (1)requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or (2)modifies any provision of Federal, State, or local law with respect to public access to or use of private land. (i)
Liability
Designation of the Trail by section 4(a) does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person injured on the private property.
6.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act, of which not more than $12,000,000 may be used for development of the Trail.
October 19, 2005 Reported with an amendment